[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: 24CFR983.259]



[Page 675]

 

                 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 F_Occupancy

 

Sec.  983.259  Overcrowded, under-occupied, and accessible units.



    (a) Family occupancy of wrong-size or accessible unit. The PHA 

subsidy standards determine the appropriate unit size for the family 

size and composition. If the PHA determines that a family is occupying 

a:

    (1) Wrong-size unit, or

    (2) Unit with accessibility features that the family does not 

require, and the unit is needed by a family that requires the 

accessibility features, the PHA must promptly notify the family and the 

owner of this determination, and of the PHA's offer of continued 

assistance in another unit pursuant to paragraph (b) of this section.

    (b) PHA offer of continued assistance. (1) If a family is occupying 

a:

    (i) Wrong-size unit, or

    (ii) Unit with accessibility features that the family does not 

require, and the unit is needed by a family that requires the 

accessibility features, the PHA must offer the family the opportunity to 

receive continued housing assistance in another unit.

    (2) The PHA policy on such continued housing assistance must be 

stated in the administrative plan and may be in the form of:

    (i) Project-based voucher assistance in an appropriate-size unit (in 

the same building or in another building);

    (ii) Other project-based housing assistance (e.g., by occupancy of a 

public housing unit);

    (iii) Tenant-based rental assistance under the voucher program; or

    (iv) Other comparable public or private tenant-based assistance 

(e.g., under the HOME program).

    (c) PHA termination of housing assistance payments. (1) If the PHA 

offers the family the opportunity to receive tenant-based rental 

assistance under the voucher program, the PHA must terminate the housing 

assistance payments for a wrong-sized or accessible unit at expiration 

of the term of the family's voucher (including any extension granted by 

the PHA).

    (2) If the PHA offers the family the opportunity for another form of 

continued housing assistance in accordance with paragraph (b)(2) of this 

section (not in the tenant-based voucher program), and the family does 

not accept the offer, does not move out of the PBV unit within a 

reasonable time as determined by the PHA, or both, the PHA must 

terminate the housing assistance payments for the wrong-sized or 

accessible unit, at the expiration of a reasonable period as determined 

by the PHA.



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