[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: 24CFR983.53]

[Page 656]
 
                 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 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.

[[Page 657]]