[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: 24CFR983.261]

[Page 673-674]
 
                 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.  983.261  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.

[[Page 674]]

    (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.