[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: 24CFR982.305]



[Page 594-595]

 

                 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 G_Leasing a Unit

 

Sec.  982.305  PHA approval of assisted tenancy.



    (a) Program requirements. The PHA may not give approval for the 

family of the assisted tenancy, or execute a HAP contract, until the PHA 

has determined that all the following meet program requirements:

    (1) The unit is eligible;

    (2) The unit has been inspected by the PHA and passes HQS;

    (3) The lease includes the tenancy addendum;

    (4) The rent to owner is reasonable; and

    (5) At the time a family initially receives tenant-based assistance 

for occupancy of a dwelling unit, and where the gross rent of the unit 

exceeds the applicable payment standard for the family, the family share 

does not exceed 40 percent of the family's monthly adjusted income.

    (b) Actions before lease term. (1) All of the following must always 

be completed before the beginning of the initial term of the lease for a 

unit:

    (i) The PHA has inspected the unit and has determined that the unit 

satisfies the HQS;

    (ii) The landlord and the tenant have executed the lease (including 

the HUD-prescribed tenancy addendum, and the lead-based paint disclosure 

information as required in Sec.  35.92(b) of this title); and

    (2)(i) The PHA must inspect the unit, determine whether the unit 

satisfies the HQS, and notify the family and owner of the determination:

    (A) In the case of a PHA with up to 1250 budgeted units in its 

tenant-based



[[Page 595]]



program, within fifteen days after the family and the owner submit a 

request for approval of the tenancy.

    (B) In the case of a PHA with more than 1250 budgeted units in its 

tenant-based program, within a reasonable time after the family submits 

a request for approval of the tenancy. To the extent practicable, such 

inspection and determination must be completed within fifteen days after 

the family and the owner submit a request for approval of the tenancy.

    (ii) The fifteen day clock (under paragraph (b)(2)(i)(A) or 

paragraph (b)(2)(i)(B) of this section) is suspended during any period 

when the unit is not available for inspection.

    (3) In the case of a unit subject to a lease-purchase agreement, the 

PHA must provide written notice to the family of the environmental 

requirements that must be met before commencing homeownership assistance 

for the family (see Sec.  982.626(c)).

    (c) When HAP contract is executed. (1) The PHA must use best efforts 

to execute the HAP contract before the beginning of the lease term. The 

HAP contract must be executed no later than 60 calendar days from the 

beginning of the lease term.

    (2) The PHA may not pay any housing assistance payment to the owner 

until the HAP contract has been executed.

    (3) If the HAP contract is executed during the period of 60 calendar 

days from the beginning of the lease term, the PHA will pay housing 

assistance payments after execution of the HAP contract (in accordance 

with the terms of the HAP contract), to cover the portion of the lease 

term before execution of the HAP contract (a maximum of 60 days).

    (4) Any HAP contract executed after the 60 day period is void, and 

the PHA may not pay any housing assistance payment to the owner.

    (d) Notice to family and owner. After receiving the family's request 

for approval of the assisted tenancy, the PHA must promptly notify the 

family and owner whether the assisted tenancy is approved.

    (e) Procedure after PHA approval. If the PHA has given approval for 

the family of the assisted tenancy, the owner and the PHA execute the 

HAP contract.



(Approved by the Office of Management and Budget under control number 

2577-0169)



[60 FR 34695, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995; 64 

FR 26644, May 14, 1999; 64 FR 56913, Oct. 21, 1999; 64 FR 59622, Nov. 3, 

1999; 65 FR 16818, Mar. 30, 2000; 65 FR 55161, Sept. 12, 2000; 69 FR 

34276, June 21, 2004]