[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: 24CFR982.311]



[Page 600]

 

                 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.  982.311  When assistance is paid.



    (a) Payments under HAP contract. Housing assistance payments are 

paid to the owner in accordance with the terms of the HAP contract. 

Housing assistance payments may only be paid to the owner during the 

lease term, and while the family is residing in the unit.

    (b) Termination of payment: When owner terminates the lease. Housing 

assistance payments terminate when the lease is terminated by the owner 

in accordance with the lease. However, if the owner has commenced the 

process to evict the tenant, and if the family continues to reside in 

the unit, the PHA must continue to make housing assistance payments to 

the owner in accordance with the HAP contract until the owner has 

obtained a court judgment or other process allowing the owner to evict 

the tenant. The HA may continue such payments until the family moves 

from or is evicted from the unit.

    (c) Termination of payment: Other reasons for termination. Housing 

assistance payments terminate if:

    (1) The lease terminates;

    (2) The HAP contract terminates; or

    (3) The PHA terminates assistance for the family.

    (d) Family move-out. (1) If the family moves out of the unit, the 

PHA may not make any housing assistance payment to the owner for any 

month after the month when the family moves out. The owner may keep the 

housing assistance payment for the month when the family moves out of 

the unit.

    (2) If a participant family moves from an assisted unit with 

continued tenant-based assistance, the term of the assisted lease for 

the new assisted unit may begin during the month the family moves out of 

the first assisted unit. Overlap of the last housing assistance payment 

(for the month when the family moves out of the old unit) and the first 

assistance payment for the new unit, is not considered to constitute a 

duplicative housing subsidy.