[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: 24CFR983.261]



[Page 676]

 

                 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.  983.261  When occupancy may exceed 25 percent cap on the number 

of PBV units in each building.



    (a) Except as provided in Sec.  983.56(b), the PHA may not pay 

housing assistance under the HAP contract for contract units in excess 

of the 25 percent cap pursuant to Sec.  983.56(a).

    (b) In referring families to the owner for admission to excepted 

units, the PHA must give preference to elderly or disabled families; or 

to families receiving supportive services.

    (c) If a family at the time of initial tenancy is receiving and 

while the resident of an excepted unit has received FSS supportive 

services or any other service as defined in the PHA administrative plan, 

and successfully completes the FSS contract of participation or the 

supportive services requirement, the unit continues to count as an 

excepted unit for as long as the family resides in the unit.

    (d) A family (or the remaining members of the family) residing in an 

excepted unit that no longer meets the criteria for a ``qualifying 

family'' in connection with the 25 percent per building cap exception 

(e.g., a family that does not successfully complete its FSS contract of 

participation or the supportive services requirement as defined in the 

PHA administrative plan or the remaining members of a family that no 

longer qualifies for elderly or disabled family status) must vacate the 

unit within a reasonable period of time established by the PHA, and the 

PHA shall cease paying housing assistance payments on behalf of the non-

qualifying family. If the family fails to vacate the unit within the 

established time, the unit must be removed from the HAP contract unless 

the project is partially assisted, and it is possible for the HAP 

contract to be amended to substitute a different unit in the building in 

accordance with Sec.  983.206(a); or the owner terminates the lease and 

evicts the family. The housing assistance payments for a family residing 

in an excepted unit that is not in compliance with its family 

obligations (e.g., a family fails, without good cause, to successfully 

complete its FSS contract of participation or supportive services 

requirement) shall be terminated by the PHA.