[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: 24CFR983.53]



[Page 659]

 

                 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 B_Selection of PBV Owner Proposals

 

Sec.  983.53  Prohibition of assistance for ineligible units.



    (a) Ineligible unit. The PHA may not attach or pay PBV assistance 

for units in the following types of housing:

    (1) Shared housing;

    (2) Units on the grounds of a penal, reformatory, medical, mental, 

or similar public or private institution;

    (3) Nursing homes or facilities providing continuous psychiatric, 

medical, nursing services, board and care, or intermediate care. 

However, the PHA may attach PBV assistance for a dwelling unit in an 

assisted living facility that provides home health care services such as 

nursing and therapy for residents of the housing;

    (4) Units that are owned or controlled by an educational institution 

or its affiliate and are designated for occupancy by students of the 

institution;

    (5) Manufactured homes;

    (6) Cooperative housing; and

    (7) Transitional Housing.

    (b) High-rise elevator project for families with children. The PHA 

may not attach or pay PBV assistance to a high-rise elevator project 

that may be occupied by families with children unless the PHA initially 

determines there is no practical alternative, and HUD approves such 

finding. The PHA may make this initial determination for its project-

based voucher program, in whole or in part, and need not review each 

project on a case-by-case basis, and HUD may approve on the same basis.

    (c) Prohibition against assistance for owner-occupied unit. The PHA 

may not attach or pay PBV assistance for a unit occupied by an owner of 

the housing.

    (d) Prohibition against selecting unit occupied by an ineligible 

family. Before a PHA selects a specific unit to which assistance is to 

be attached, the PHA must determine whether the unit is occupied and, if 

occupied, whether the unit's occupants are eligible for assistance. The 

PHA must not select or enter into an Agreement or HAP contract for a 

unit occupied by a family ineligible for participation in the PBV 

program.