[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR983.259]

[Page 672-673]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
 
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

[[Page 673]]

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.