[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: 24CFR891.445]



[Page 195-196]

 

                 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 D_Project Management

 

Sec.  891.445  Conditions for receipt of vacancy payments for assisted 

units.



    (a) General. Vacancy payments under the PRAC will not be made unless 

the conditions for receipt of these project rental assistance payments 

set forth in this section are fulfilled.

    (b) Vacancies during rent-up. For each unit (or residential space in 

a group home) that is not leased as of the effective date of the PRAC, 

the Owner is entitled to vacancy payments in the amount of 50 percent of 

the per unit operating cost (or pro rata share of the group home 

operating cost) for the first 60 days of vacancy, if the Owner:

    (1) Conducted marketing in accordance with Sec.  891.400(a) and 

otherwise complied with Sec.  891.400;

    (2) Has taken and continues to take all feasible actions to fill the 

vacancy; and

    (3) Has not rejected any eligible applicant except for good cause 

acceptable to HUD.

    (c) Vacancies after rent-up. If an eligible household vacates an 

assisted unit (or residential space in a group home) the Owner is 

entitled to vacancy payments in the amount of 50 percent of the approved 

per unit operating cost (or pro rata share of the group home operating 

cost) for the first 60 days of vacancy if the Owner:

    (1) Certifies that it did not cause the vacancy by violating the 

lease, the PRAC, or any applicable law;

    (2) Notified HUD of the vacancy or prospective vacancy and the 

reasons for the vacancy upon learning of the vacancy or prospective 

vacancy;

    (3) Has fulfilled and continues to fulfill the requirements 

specified in Sec.  891.400(a) (2) and (3) and Sec.  891.445(b) (2) and 

(3); and

    (4) For any vacancy resulting from the Owner's eviction of an 

eligible household, certifies that it has complied with Sec.  891.430.

    (d) Prohibition of double compensation for vacancies. If the Owner 

collects payments for vacancies from other sources



[[Page 196]]



(tenant payment, security deposits, payments under Sec.  891.435(c), or 

governmental payments under other programs), the Owner shall not be 

entitled to collect vacancy payments to the extent these collections 

from other sources plus the vacancy payment exceed the approved per unit 

operating cost.