[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: 24CFR983.54] [Page 657] 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. 983.54 Prohibition of assistance for units in subsidized housing. A PHA may not attach or pay PBV assistance to units in any of the following types of subsidized housing: (a) A public housing dwelling unit; (b) A unit subsidized with any other form of Section 8 assistance (tenant-based or project-based); (c) A unit subsidized with any governmental rent subsidy (a subsidy that pays all or any part of the rent); (d) A unit subsidized with any governmental subsidy that covers all or any part of the operating costs of the housing; (e) A unit subsidized with Section 236 rental assistance payments (12 U.S.C. 1715z-1). However, the PHA may attach assistance to a unit subsidized with Section 236 interest reduction payments; (f) A unit subsidized with rental assistance payments under Section 521 of the Housing Act of 1949, 42 U.S.C. 1490a (a Rural Housing Service Program). However, the PHA may attach assistance for a unit subsidized with Section 515 interest reduction payments (42 U.S.C. 1485); (g) A Section 202 project for non-elderly persons with disabilities (assistance under Section 162 of the Housing and Community Development Act of 1987, 12 U.S.C. 1701q note); (h) Section 811 project-based supportive housing for persons with disabilities (42 U.S.C. 8013); (i) Section 202 supportive housing for the elderly (12 U.S.C. 1701q); (j) A Section 101 rent supplement project (12 U.S.C. 1701s); (k) A unit subsidized with any form of tenant-based rental assistance (as defined at 24 CFR 982.1(b)(2)) (e.g., a unit subsidized with tenant-based rental assistance under the HOME program, 42 U.S.C. 12701 et seq.); (l) A unit with any other duplicative federal, state, or local housing subsidy, as determined by HUD or by the PHA in accordance with HUD requirements. For this purpose, ``housing subsidy'' does not include the housing component of a welfare payment; a social security payment; or a federal, state, or local tax concession (such as relief from local real property taxes).