1、46 24 CFR Ch. VIII (4111 Edition) 850.153 approved AFHM Plan. With respect to any residency preference, persons ex-pected to reside in the community as a result of current or planned employ-ment will be treated as residents. 49 FR 24641, June 14, 1984, as amended at 60 FR 14841, Mar. 20, 1995 850.15
2、3 Rent control. A project constructed or substan-tially rehabilitated with a housing de-velopment grant is not subject to State or local rent control unless the rent control requirements or agreements (a) (1) were entered into under a State law or local ordinance of general applica-bility that was e
3、nacted and in effect in the jurisdiction before November 30, 1983 and (2) apply generally to rental housing projects not assisted under the Housing Development Grant Program, or (b) are imposed under this subpart. State and local rent controls expressly preempted by this section include, but are not
4、 limited to, rent laws or ordi-nances, rent regulating agreements, rent regulations, occupancy agree-ments, or financial penalties for failure to achieve certain occupancy or rent projections. 850.155 Securing owners responsibil-ities. Assistance provided under this part shall constitute a debt of t
5、he owner (including its successors in interest) to the grantee, and shall be secured by a mortgage or other security instrument. The debt shall be repayable in the event of a substantive, uncorrected vio-lation by an owner of the obligations contained in paragraphs (b), (c), (d) and (e) of 850.151.
6、The instruments secur-ing this debt shall provide for repay-ment to the grantee in an amount equal to the total amount of housing development grant assistance out-standing, plus interest which is deter-mined by the Secretary by adding two percent to the average yield on out-standing marketable long-
7、term obliga-tions of the United States during the month preceding the date on which as-sistance was made available. The amount to be repaid shall be reduced by 10 percent for each full year in ex-cess of 10 years that intervened be-tween the beginning of the term of the owner-grantee agreement and t
8、he vio-lation. PART 880SECTION 8 HOUSING ASSISTANCE PAYMENTS PRO-GRAM FOR NEW CONSTRUC-TION Subpart ASummary and Applicability Sec. 880.101 General. 880.104 Applicability of part 880. 880.105 Applicability to proposals and projects under 24 CFR part 811. Subpart BDefinitions and Other Requirements 8
9、80.201 Definitions. 880.205 Limitation on distributions. 880.207 Property standards. 880.208 Financing. 880.211 Audit. Subparts CD Reserved Subpart EHousing Assistance Payments Contract 880.501 The contract. 880.502 Term of contract. 880.503 Maximum annual commitment and project account. 880.504 Lea
10、sing to eligible families. 880.505 Contract administration and conver-sions. 880.506 Default by owner (private-owner/ HUD and PHA-owner/HUD projects). 880.507 Default by PHA and/or owner (pri-vate-owner/PHA projects). 880.508 Notice upon contract expiration. Subpart FManagement 880.601 Responsibilit
11、ies of owner. 880.602 Replacement reserve. 880.603 Selection and admission of assisted tenants. 880.604 Tenant rent. 880.605 Overcrowded and underoccupied units. 880.606 Lease requirements. 880.607 Termination of tenancy and modi-fication of lease. 880.608 Security deposits. 880.609 Adjustment of co
12、ntract rents. 880.610 Adjustment of utility allowances. 880.611 Conditions for receipt of vacancy payments. 880.612 Reviews during management period. 880.612a Preference for occupancy by elderly families. AUTHORITY: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and 1361113619. VerDate Mar2010 10:07
13、 May 20, 2011 Jkt 223080 PO 00000 Frm 00056 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-47 Asst. Secy., for HousingFed. Housing Commissioner, HUD 880.201 SOURCE: 44 FR 5941
14、0, Oct. 15, 1979, unless otherwise noted. Subpart ASummary and Applicability 880.101 General. (a) The purpose of the Section 8 pro-gram is to provide low-income families with decent, safe and sanitary rental housing through the use of a system of housing assistance payments. This part contains the p
15、olicies and procedures applicable to the Section 8 new con-struction program. The assistance may be provided to public housing agency owners or to private owners either di-rectly from HUD or through public housing agencies. (b) This part does not apply to projects developed under other Section 8 pro
16、gram regulations, including 24 CFR parts 881, 882, 883, 884, and 885, ex-cept to the extent specifically stated in those parts. Portions of subparts E and F of this part 880 have been cross-ref-erenced in 24 CFR parts 881 and 883. 61 FR 13587, Mar. 27, 1996 880.104 Applicability of part 880. (a) Par
17、t 880, in effect as of November 5, 1979, applies to all proposals for which a notification of selection was not issued before the November 5, 1979 effective date of part 880. (See 24 CFR part 880, revised as of April 1, 1980.) Where a notification of selection was issued for a proposal before the No
18、vem-ber 5, 1979 effective date, part 880, in ef-fect as of November 5, 1979, applies if the owner notified HUD within 60 cal-endar days that the owner wished the provisions of part 880, effective Novem-ber 5, 1979, to apply and promptly brought the proposal into conformance. (b) Subparts E (Housing
19、Assistance Payments Contract) and F (Manage-ment) of this part apply to all projects for which an Agreement was not exe-cuted before the November 5, 1979, ef-fective date of part 880. Where an Agreement was so executed: (1) The owner and HUD may agree to make the revised subpart E of this part appli
20、cable and to execute appropriate amendments to the Agreement and/or Contract. (2) The owner and HUD may agree to make the revised subpart F of this part applicable (with or without the limita-tion on distributions) and to execute appropriate amendments to the Agree-ment and/or Contract. (c) Section
21、880.607 (Termination of tenancy and modification of leases) ap-plies to all families. (d) Notwithstanding the provisions of paragraph (b) of this section, the provi-sions of 24 CFR part 5 apply to all projects, regardless of when an Agree-ment was executed. 61 FR 13587, Mar. 27, 1996, as amended at
22、65 FR 16722, Mar. 29, 2000 880.105 Applicability to proposals and projects under 24 CFR part 811. Where proposals and projects are fi-nanced with tax-exempt obligations under 24 CFR part 811, the provisions of part 811 will be complied with in addi-tion to all requirements of this part. In the event
23、 of any conflict between this part and part 811, part 811 will control. Subpart BDefinitions and Other Requirements 880.201 Definitions. Annual Contributions Contract (ACC). As defined in part 5 of this title. Agency. As defined in 24 CFR part 883. Agreement. (Agreement to Enter into Housing Assista
24、nce Payments Con-tract) The Agreement between the owner and the contract administrator which provides that, upon satisfactory completion of the project in accord-ance with the HUD-approved final pro-posal, the administrator will enter into the Contract with the owner. Annual income. As defined in pa
25、rt 5 of this title. Contract. (Housing Assistance Pay-ments Contract) The Contract entered into by the owner and the contract ad-ministrator upon satisfactory comple-tion of the project, which sets forth the rights and duties of the parties with re-spect to the project and the payments under the Con
26、tract. Contract Administrator. The entity which enters into the Contract with the owner and is responsible for moni-toring performance by the owner. The contract administrator is a PHA in the VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00057 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080e
27、rowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-48 24 CFR Ch. VIII (4111 Edition) 880.201 case of private-owner/PHA projects, and HUD in private-owner/HUD and PHA-owner/HUD projects. Contract rent. The total amount of r
28、ent specified in the contract as pay-able to the owner for a unit. Decent, safe, and sanitary. Housing is decent, safe, and sanitary if it meets the physical condition requirements in 24 CFR part 5, subpart G. Drug-related criminal activity. The ille-gal manufacture, sale, distribution, use or posse
29、ssion with the intent to manu-facture, sell, distribute, or use, of a controlled substance as defined in sec-tion 102 of the Controlled Substances Act, 21 U.S.C. 802. Elderly family. As defined in part 5 of this title. Fair Market Rent (FMR). As defined in part 5 of this title. Family. As defined in
30、 part 5 of this title. Final proposal. The detailed descrip-tion of a proposed project to be assisted under this part, which an owner sub-mits after selection of the preliminary proposal, except where a preliminary proposal is not required under 880.303(c). (The final proposal becomes an exhibit to
31、the Agreement and is the standard by which HUD judges accept-able construction of the project.) Housing assistance payment. The pay-ment made by the contract adminis-trator to the owner of an assisted unit as provided in the contract. Where the unit is leased to an eligible family, the payment is th
32、e difference between the contract rent and the tenant rent. An additional payment is made to the family when the utility allowance is greater than the total tenant payment. A housing assistance payment, known as a vacancy payment. may be made to the owner when an assisted unit is vacant, in accordan
33、ce with the terms of the contract. HUD. Department of Housing and Urban Development. Independent Public Accountant. A Cer-tified Public Accountant or a licensed or registered public accountant, having no business relationship with the owner except for the performance of audit, systems work and tax p
34、repara-tion. If not certified, the Independent Public Accountant must have been li-censed or registered by a regulatory authority of a State or other political subdivision of the United States on or before December 31, 1970. In States that do not regulate the use of the title public accountant, only
35、 Certified Public Accountants may be used. Low income family. As defined in part 5 of this title. NOFA. As defined in part 5 of this title. Owner. Any private person or entity (including a cooperative) or a public entity which qualifies as a PHA, hav-ing the legal right to lease or sublease newly co
36、nstructed dwelling units as-sisted under this part. The term owner also includes the person or entity sub-mitting a proposal under this part. Partially-assisted Project. A project for non-elderly families under this part which includes more than 50 units of which 20 percent or fewer are assisted. PH
37、A-Owner/HUD Project. A project under this part which is owned by a PHA. For this type of project, the Agreement and the Contract are en-tered into by the PHA, as owner, and HUD, as contract administrator. Private-Owner/HUD Project. A project under this part which is owned by a private owner. For thi
38、s type of project, the Agreement and Contract are en-tered into by the private owner, as owner, and HUD, as contract adminis-trator. Private-Owner/PHA Project. A project under this part which is owned by a private owner. For this type of project, the Agreement and Contract are en-tered into by the p
39、rivate owner, as owner, and the PHA, as contract ad-ministrator, pursuant to an ACC be-tween the PHA and HUD. The term also covers the situation where the ACC is with one PHA and the owner is another PHA. Project Account. A specifically identi-fied and segregated account for each project which is es
40、tablished in accord-ance with 880.503(b) out of the amounts by which the maximum an-nual commitment exceeds the amount actually paid out under the Contract or ACC, as applicable, each year. Public Housing Agency (PHA). As de-fined in part 5 of this title. Rent. In the case of an assisted unit in a c
41、ooperative project, rent means VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00058 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-49 Asst. Secy., for HousingFed.
42、Housing Commissioner, HUD 880.205 the carrying charges payable to the co-operative with respect to occupancy of the unit. Replacement cost. The estimated con-struction cost of the project when the proposed improvements are completed. The replacement cost may include the land, the physical improvemen
43、ts, utili-ties within the boundaries of the land, architects fees, and miscellaneous charges incident to construction as ap-proved by the Assistant Secretary. Secretary. The Secretary of Housing and Urban Development (or designee). Small Project. A project for non-elder-ly families under this part w
44、hich in-cludes a total of 50 or fewer (assisted and unassisted) units. Tenant rent. As defined in part 5 of this title. Total tenant payment. As defined in part 5 of this title. Utility allowance. As defined in part 5 of this title. Utility reimbursement. As defined in part 5 of this title. Vacancy
45、payment. The housing assist-ance payment made to the owner by the contract administrator for a va-cant assisted unit if certain conditions are fulfilled as provided in the Con-tract. The amount of the vacancy pay-ment varies with the length of the va-cancy period and is less after the first 60 days
46、of any vacancy. Very low income family. As defined in part 5 of this title. 44 FR 59410, Oct. 15, 1979, as amended at 45 FR 18923, Mar. 24, 1980; 48 FR 12703, Mar. 28, 1983; 49 FR 6714, Feb. 23, 1984; 49 FR 17449, Apr. 24, 1984; 49 FR 19943, May 10, 1984; 61 FR 5212, Feb. 9, 1996; 61 FR 13587, Mar.
47、27, 1996; 61 FR 47382, Sept. 6, 1996; 63 FR 46578, Sept. 1, 1998; 65 FR 16722, Mar. 29, 2000 880.205 Limitation on distributions. (a) Non-profit owners are not entitled to distributions of project funds. (b) For the life of the Contract, project funds may only be distributed to profit-motivated owne
48、rs at the end of each fiscal year of project operation following the effective date of the Con-tract after all project expenses have been paid, or funds have been set aside for payment, and all reserve require-ments have been met. The first years distribution may not be made until cost certification
49、, where applicable, is completed. Distributions may not ex-ceed the following maximum returns: (1) For projects for elderly families, the first years distribution will be lim-ited to 6 percent on equity. The Assist-ant Secretary may provide for in-creases in subsequent years distribu-tions on an annual or other basis so that the permitted return reflects a 6 percent return on the value in subse-quent years, as determined by HUD, of the appr
