[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: 24CFR982.152]



[Page 583-584]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 982_SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM

--Table of Contents

 

   Subpart D_Annual Contributions Contract and PHA Administration of 

                                 Program

 

Sec.  982.152  Administrative fee.



    (a) Purposes of administrative fee. (1) HUD may approve 

administrative fees to the PHA for any of the following purposes:

    (i) Ongoing administrative fee;

    (ii) Costs to help families who experience difficulty finding or 

renting appropriate housing under the program;

    (iii) The following types of extraordinary costs approved by HUD:

    (A) Costs to cover necessary additional expenses incurred by the PHA 

to provide reasonable accommodation for persons with disabilities in 

accordance with part 8 of this title (e.g., additional counselling 

costs), where the PHA is unable to cover such additional expenses from 

ongoing administrative fee income or the PHA administrative fee reserve;

    (B) Costs of audit by an independent public accountant;

    (C) Other extraordinary costs determined necessary by HUD 

Headquarters;

    (iv) Preliminary fee (in accordance with paragraph (c) of this 

section);

    (v) Costs to coordinate supportive services for families 

participating in the family self-sufficiency (FSS) program.

    (2) For each HA fiscal year, administrative fees are specified in 

the HA budget. The budget is submitted for HUD approval. Fees are paid 

in the amounts approved by HUD. Administrative fees may only be approved 

or paid from amounts appropriated by the Congress.

    (3) HA administrative fees may only be used to cover costs incurred 

to perform HA administrative responsibilities for the program in 

accordance with HUD regulations and requirements.

    (b) Ongoing administrative fee. (1) The PHA ongoing administrative 

fee is paid for each program unit under HAP contract on the first day of 

the month. The amount of the ongoing fee is determined by HUD in 

accordance with Section 8(q)(1) of the 1937 Act (42 U.S.C. 1437f(q)(1)).

    (2) If appropriations are available, HUD may pay a higher ongoing 

administrative fee for a small program or a program operating over a 

large geographic area. This higher fee level will not be approved unless 

the PHA demonstrates that it is efficiently administering its tenant-

based program, and that the higher ongoing administrative fee is 

reasonable and necessary for administration of the program in accordance 

with HUD requirements.

    (3) HUD may pay a lower ongoing administrative fee for PHA-owned 

units.

    (c) Preliminary fee. (1) If the PHA was not administering a program 

of Section 8 tenant-based assistance prior to the merger date, HUD will 

pay a one-time fee in the amount of $500 in the first year the PHA 

administers a program. The fee is paid for each new unit added to the 

PHA program by the initial funding increment under the consolidated ACC.

    (2) The preliminary fee is used to cover expenses the PHA incurs to 

help families who inquire about or apply for the program, and to lease 

up new program units.

    (d) Reducing PHA administrative fee. HUD may reduce or offset any 

administrative fee to the PHA, in the amount determined by HUD, if the 

PHA fails to perform PHA administrative responsibilities correctly or 

adequately under



[[Page 584]]



the program (for example, PHA failure to enforce HQS requirements; or to 

reimburse a receiving PHA promptly under portability procedures).



[60 FR 23695, July 3, 1995, as amended at 63 FR 23860, Apr. 30, 1998; 64 

FR 26642, May 14, 1999]