[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: 24CFR983.152]



[Page 666-667]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 983_PROJECT-BASED VOUCHER (PBV) PROGRAM--Table of Contents

 

  Subpart D_Requirements for Rehabilitated and Newly Constructed Units

 

Sec.  983.152  Purpose and content of the Agreement to enter into HAP 

contract.



    (a) Requirement. The PHA must enter into an Agreement with the 

owner. The Agreement must be in the form required by HUD headquarters 

(see Sec.  982.162 of this chapter).

    (b) Purpose of Agreement. In the Agreement the owner agrees to 

develop the contract units to comply with the HQS, and the PHA agrees 

that, upon timely completion of such development in accordance with the 

terms of the Agreement, the PHA will enter into a HAP contract with the 

owner for the contract units.

    (c) Description of housing. (1) At a minimum, the Agreement must 

describe the following features of the housing to be developed (newly 

constructed or rehabilitated) and assisted under the PBV program:

    (i) Site;

    (ii) Location of contract units on site;

    (iii) Number of contract units by area (size) and number of bedrooms 

and bathrooms;

    (iv) Services, maintenance, or equipment to be supplied by the owner 

without charges in addition to the rent to owner;

    (v) Utilities available to the contract units, including a 

specification of utility services to be paid by owner (without charges 

in addition to rent) and utility services to be paid by the tenant;

    (vi) Indication of whether or not the design and construction 

requirements of the Fair Housing Act and implementing regulations at 24 

CFR 100.205 and the accessibility requirements of section 504 of the 

Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations 

at 24 CFR 8.22 and 8.23 apply to units under the Agreement. If these 

requirements are applicable, any required work item resulting from these 

requirements must be included in the description of work to be performed 

under the Agreement, as specified in paragraph (c)(i)(viii) of this 

section.

    (vii) Estimated initial rents to owner for the contract units;

    (viii) Description of the work to be performed under the Agreement. 

If the Agreement is for rehabilitation of units, the work description 

must include the rehabilitation work write up and, where determined 

necessary by the PHA, specifications, and plans. If the Agreement is for 

new construction,



[[Page 667]]



the work description must include the working drawings and 

specifications.

    (2) At a minimum, the housing must comply with the HQS. The PHA may 

elect to establish additional requirements for quality, architecture, or 

design of PBV housing, over and above the HQS, and any such additional 

requirement must be specified in the Agreement.