[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR891.100]



[Page 176-178]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL 

 

PART 891_SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES

--Table of Contents

 

                 Subpart A_General Program Requirements

 

Sec.  891.100  Purpose and policy.









                 Subpart A_General Program Requirements



Sec.

891.100 Purpose and policy.

891.105 Definitions.

891.110 Allocation of authority.

891.115 Notice of funding availability.

891.120 Project design and cost standards.

891.125 Site and neighborhood standards.

891.130 Prohibited relationships.

891.135 Amount and terms of capital advances.

891.140 Development cost limits.

891.145 Owner deposit (Minimum Capital Investment).

891.150 Operating cost standards.

891.155 Other Federal requirements.

891.160 Audit requirements.

891.165 Duration of capital advance.

891.170 Repayment of capital advance.

891.175 Technical assistance.

891.180 Physical condition standards; physical inspection requirements.

891.185 Preemption of rent control laws.



        Subpart B_Section 202 Supportive Housing for the Elderly



891.200 Applicability.

891.205 Definitions.

891.210 Special project standards.

891.215 Limits on number of units.

891.220 Prohibited facilities.

891.225 Provision of services.

891.230 Selection preferences.



 Subpart C_Section 811 Supportive Housing for Persons With Disabilities



891.300 Applicability.

891.305 Definitions.

891.310 Special project standards.

891.315 Prohibited facilities.

891.320 Site and neighborhood standards.

891.325 Lead-based paint requirements.



                      Subpart D_Project Management



891.400 Responsibilities of owner.

891.405 Replacement reserve.

891.410 Selection and admission of tenants.

891.415 Obligations of the household or family.

891.420 Overcrowded and underoccupied units.

891.425 Lease requirements.

891.430 Denial of admission, termination of tenancy, and modification of 

          lease.

891.435 Security deposits.

891.440 Adjustment of utility allowances.

891.445 Conditions for receipt of vacancy payments for assisted units.



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891.450 HUD review.



      Subpart E_Loans for Housing for the Elderly and Persons with 

                              Disabilities



891.500 Purpose and policy.

891.505 Definitions

891.510 Displacement, relocation, and real property acquisition.

891.515 Audit requirements.



     Section 202 Projects for the Elderly or Handicapped--Section 8 

                               Assistance



891.520 Definitions applicable to 202/8 projects.

891.525 Amount and terms of financing.

891.530 Prepayment privileges.

891.535 Requirements for awarding construction contracts.

891.540 Loan disbursement procedures.

891.545 Completion of project, cost certification, and HUD approvals.

891.555 Smoke detectors.

891.560 HAP contract.

891.565 Term of HAP contract.

891.570 Maximum annual commitment and project account.

891.575 Leasing to eligible families.

891.580 HAP contract administration.

891.585 Default by Borrower.

891.590 Notice upon HAP contract expiration.

891.595 HAP contract extension or renewal.

891.600 Responsibilities of Borrower.

891.605 Replacement reserve.

891.610 Selection and admission of tenants.

891.615 Obligations of the family.

891.620 Overcrowded and underoccupied units.

891.625 Lease requirements.

891.630 Denial of admission, termination of tenancy, and modification of 

          lease.

891.635 Security deposits.

891.640 Adjustment of rents.

891.645 Adjustment of utility allowances.

891.650 Conditions for receipt of vacancy payments for assisted units.



    Section 202 Projects for the Nonelderly Handicapped Families and 

                   Individuals--Section 162 Assistance



891.655 Definitions applicable to 202/162 projects.

891.660 Project standards.

891.665 Project size limitations.

891.670 Cost containment and modest design standards.

891.675 Prohibited facilities.

891.680 Site and neighborhood standards.

891.685 Prohibited relationships.

891.690 Other Federal requirements.

891.695 Operating cost standards.

891.700 Prepayment of loans.

891.705 Project assistance contract.

891.710 Term of PAC.

891.715 Maximum annual commitment and project account.

891.720 Leasing to eligible families.

891.725 PAC administration.

891.730 Default by Borrower.

891.735 Notice upon PAC expiration.

891.740 Responsibilities of Borrower.

891.745 Replacement reserve.

891.750 Selection and admission of tenants.

891.755 Obligations of the family.

891.760 Overcrowded and underoccupied units.

891.765 Lease requirements.

891.770 Denial of admission, termination of tenancy, and modification of 

          lease.

891.775 Security deposits.

891.780 Adjustment of rents.

891.785 Adjustment of utility allowances.

891.790 Conditions for receipt of vacancy payments for assisted units.



Subpart F_For-Profit Limited Partnerships and Mixed-Finance Development 

   for Supportive Housing for the Elderly or Persons with Disabilities



891.800 Purpose.

891.802 Applicability of other provisions.

891.805 Definitions.

891.808 Capital advance funds.

891.809 Limitations on capital advance funds.

891.810 Project rental assistance.

891.813 Eligible uses for assistance provided under this subpart.

891.815 Mixed-finance developer's fee.

891.818 Firm commitment application.

891.820 Civil rights requirements.

891.823 HUD review and approval.

891.825 Mixed-finance closing documents.

891.830 Drawdown.

891.832 Prohibited relationships.

891.833 Monitoring and review.

891.835 Eligible uses of project rental assistance.

891.840 Site and neighborhood standards.

891.848 Project design and cost standards.

891.853 Development cost limits.

891.855 Replacement reserves.

891.860 Operating reserves.

891.863 Maintenance as supportive housing units for elderly persons and 

          persons with disabilities.

891.865 Sanctions.



    Authority: 12 U.S.C. 1701q; 42 U.S.C. 1437f, 3535(d), and 8013.



    Source: 61 FR 11956, Mar. 22, 1996, unless otherwise noted.







    (a) Purpose. The Section 202 Program of Supportive Housing for the 

Elderly



[[Page 178]]



and the Section 811 Program of Supportive Housing for Persons with 

Disabilities provide Federal capital advances and project rental 

assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 

1701q) (section 202) and section 811 of the National Affordable Housing 

Act (42 U.S.C. 8013) (section 811), respectively, for housing projects 

serving elderly households and persons with disabilities. Section 202 

projects shall provide a range of services that are tailored to the 

needs of the residents. Owners of Section 811 projects shall ensure that 

the residents are provided with any necessary supportive services that 

address their individual needs.

    (b) General policy--(1) Supportive Housing for the Elderly. A 

capital advance and contract for project rental assistance provided 

under this program shall be used for the purposes described in Section 

202 (12 U.S.C. 1701q(b)).

    (2) Supportive Housing for Persons with Disabilities. A capital 

advance and contract for project rental assistance provided under this 

program shall be used for the purposes described in Section 811 (42 

U.S.C. 8013(b)).

    (c) Use of capital advance funds. No part of the funds reserved may 

be transferred by the Sponsor, except to the Owner caused to be formed 

by the Sponsor. This action must be accomplished prior to issuance of a 

commitment for capital advance funding.

    (d) Amendments. Subject to the availability of funds, HUD may amend 

the amount of an approved capital advance only after initial closing has 

occurred.