[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: 24CFR983.56]



[Page 660-661]

 

                 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.  983.56  Cap on number of PBV units in each building.



    (a) 25 percent per building cap. Except as provided in paragraph (b) 

of this section, the PHA may not select a proposal to provide PBV 

assistance for units in a building or enter into an Agreement or HAP 

contract to provide PBV assistance for units in a building, if the total 

number of dwelling units in the building that will receive PBV 

assistance during the term of the PBV HAP is more than 25 percent of the 

number of dwelling units (assisted or unassisted) in the building.

    (b) Exception to 25 percent per building cap--(1) When PBV units are 

not counted against cap. In the following cases, PBV units are not 

counted against the 25 percent per building cap:

    (i) Units in a single-family building;

    (ii) Excepted units in a multifamily building.

    (2) Terms (i) ``Excepted units'' means units in a multifamily 

building that are specifically made available for qualifying families.

    (ii) ``Qualifying families'' means:

    (A) Elderly or disabled families; or

    (B) Families receiving supportive services. PHAs must include in the 

PHA administrative plan the type of services offered to families for a 

project to qualify for the exception and the extent to which such 

services will be provided. It is not necessary that the services be 

provided at or by the project, if they are approved services. To 

qualify, a family must have at least one member receiving at least one 

qualifying supportive service. A PHA may not require participation in 

medical or disability-related services other than drug and alcohol 

treatment in the case of current abusers as a condition of living in an 

excepted unit, although such services may be offered. 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 

supportive services 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. If a family 

in an excepted unit fails without good cause to complete its FSS 

contract of participation or if the family fails to complete the 

supportive services requirement as outlined in the PHA administrative 

plan, the PHA will take the actions provided under Sec.  983.261(d), and 

the owner may terminate the lease in accordance with Sec.  983.257(c). 

Also, at the time of initial lease execution between the family and the 

owner, the family and the PHA must sign a statement of family 

responsibility. The statement of family responsibility must contain all 

family obligations including the family's participation in a service 

program under this section. Failure by the family without good cause to 

fulfill its service obligation will require the PHA to terminate 

assistance. If the unit at the time of such termination is an excepted 

unit, the exception continues to apply to the



[[Page 661]]



unit as long as the unit is made available to another qualifying family.

    (C) The PHA must monitor the excepted family's continued receipt of 

supportive services and take appropriate action regarding those families 

that fail without good cause to complete their supportive services 

requirement. The PHA administrative plan must state the form and 

frequency of such monitoring.

    (3) Set-aside for qualifying families. (i) In leasing units in a 

multifamily building pursuant to the PBV HAP, the owner must set aside 

the number of excepted units made available for occupancy by qualifying 

families.

    (ii) The PHA may refer only qualifying families for occupancy of 

excepted units.

    (c) Additional, local requirements promoting partially assisted 

buildings. A PHA may establish local requirements designed to promote 

PBV assistance in partially assisted buildings. For example, a PHA may:

    (1) Establish a per-building cap on the number of units that will 

receive PBV assistance or other project-based assistance in a 

multifamily building containing excepted units or in a single-family 

building,

    (2) Determine not to provide PBV assistance for excepted units, or

    (3) Establish a per-building cap of less than 25 percent.