[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: 24CFR983.56]

[Page 657-658]
 
                 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.  983.56  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.

[[Page 658]]

    (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 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.