1、625 Asst. Secry., for Public and Indian Housing, HUD 983.1 interest in the home purchased with homeownership assistance. Further, eighteen months must have passed since the familys receipt of the down-payment assistance grant. (f) Implementation of downpayment as-sistance grants. A PHA may not offer
2、 downpayment assistance under this paragraph until HUD publishes a notice in the FEDERAL REGISTER. 67 FR 64494, Oct. 18, 2002 PART 983PROJECT-BASED VOUCHER (PBV) PROGRAM Subpart AGeneral Sec. 983.1 When the PBV rule (24 CFR part 983) applies. 983.2 When the tenant-based voucher rule (24 CFR part 982
3、) applies. 983.3 PBV definitions. 983.4 Cross-reference to other Federal re-quirements. 983.5 Description of the PBV program. 983.6 Maximum amount of PBV assistance. 983.7 Uniform Relocation Act. 983.8 Equal opportunity requirements. 983.9 Special housing types. 983.10 Project-based certificate (PBC
4、) pro-gram. Subpart BSelection of PBV Owner Proposals 983.51 Owner proposal selection procedures. 983.52 Housing type. 983.53 Prohibition of assistance for ineli-gible units. 983.54 Prohibition of assistance for units in subsidized housing. 983.55 Prohibition of excess public assist-ance. 983.56 Cap
5、 on number of PBV units in each building. 983.57 Site selection standards. 983.58 Environmental review. 983.59 PHA-owned units. Subpart CDwelling Units 983.101 Housing quality standards. 983.102 Housing accessibility for persons with disabilities. 983.103 Inspecting units. Subpart DRequirements for
6、Rehabilitated and Newly Constructed Units 983.151 Applicability. 983.152 Purpose and content of the Agree-ment to enter into HAP contract. 983.153 When Agreement is executed. 983.154 Conduct of development work. 983.155 Completion of housing. 983.156 PHA acceptance of completed units. Subpart EHousi
7、ng Assistance Payments Contract 983.201 Applicability. 983.202 Purpose of HAP contract. 983.203 HAP contract information. 983.204 When HAP contract is executed. 983.205 Term of HAP contract. 983.206 HAP contract amendments (to add or substitute contract units). 983.207 Condition of contract units. 9
8、83.208 Owner responsibilities. 983.209 Owner certification. Subpart FOccupancy 983.251 How participants are selected. 982.252 PHA information for accepted fam-ily. 983.253 Leasing of contract units. 983.254 Vacancies. 983.255 Tenant screening. 983.256 Lease. 983.257 Owner termination of tenancy and
9、eviction. 983.258 Security deposit: amounts owed by tenant. 983.259 Overcrowded, under-occupied, and accessible units. 983.260 Family right to move. 983.261 When occupancy may exceed 25 per-cent cap on the number of PBV units in each building. Subpart GRent to owner 983.301 Determining the rent to o
10、wner. 983.302 Redetermination of rent to owner. 983.303 Reasonable rent. 983.304 Other subsidy: effect on rent to owner. 983.305 Rent to owner: effect of rent control and other rent limits. Subpart HPayment to Owner 983.351 PHA payment to owner for occupied unit. 983.352 Vacancy payment. 983.353 Ten
11、ant rent; payment to owner. 983.354 Other fees and charges. AUTHORITY: 42 U.S.C. 1437f and 3535(d). SOURCE: 70 FR 59913, Oct. 13, 2005, unless otherwise noted. Subpart AGeneral 983.1 When the PBV rule (24 CFR part 983) applies. Part 983 applies to the project-based voucher (PBV) program. The PBV pro
12、-gram is authorized by section 8(o)(13) VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00635 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-626 24 CFR Ch. IX (4111
13、 Edition) 983.2 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f(o)(13). 983.2 When the tenant-based voucher rule (24 CFR part 982) applies. (a) 24 CFR Part 982. Part 982 is the basic regulation for the tenant-based voucher program. Paragraphs (b) and (c) of this section describe the provi-sions of
14、part 982 that do not apply to the PBV program. The rest of part 982 applies to the PBV program. For use and applicability of voucher program definitions at 982.4, see 983.3. (b) Types of 24 CFR part 982 provisions that do not apply to PBV. The following types of provisions in 24 CFR part 982 do not
15、apply to PBV assistance under part 983. (1) Provisions on issuance or use of a voucher; (2) Provisions on portability; (3) Provisions on the following spe-cial housing types: shared housing, co-operative housing, manufactured home space rental, and the homeownership option. (c) Specific 24 CFR part
16、982 provisions that do not apply to PBV assistance. Ex-cept as specified in this paragraph, the following specific provisions in 24 CFR part 982 do not apply to PBV assistance under part 983. (1) In subpart E of part 982: paragraph (b)(2) of 982.202 and paragraph (d) of 982.204; (2) Subpart G of par
17、t 982 does not apply, with the following exceptions: (i) Section 982.10 (owner temination of tenancy) applies to the PBV Pro-gram, but to the extent that those pro-visions differ from 983.257, the provi-sions of 983.257 govern; and (ii) Section 982.312 (absence from unit) applies to the PBV Program,
18、 but to the extent that those provisions dif-fer from 983.256(g), the provisions of 983.256(g) govern; and (iii) Section 982.316 (live-in aide) ap-plies to the PBV Program; (3) Subpart H of part 982; (4) In subpart I of part 982: 982.401(j); paragraphs (a)(3), (c), and (d) of 982.402; 982.403; 982.4
19、05(a); and 982.406; (5) In subpart J of part 982: 982.455; (6) Subpart K of Part 982: subpart K does not apply, except that the fol-lowing provisions apply to the PBV Program: (i) Section 982.503 (for determination of the payment standard amount and schedule for a Fair Market Rent (FMR) area or for
20、a designated part of an FMR area). However, provisions authorizing approval of a higher payment standard as a reasonable accommodation for a particular family that includes a per-son with disabilities do not apply (since the payment standard amount does not affect availability of a PBV unit for occu
21、pancy by a family or the amount paid by the family); (ii) Section 982.516 (family income and composition; regular and interim examinations); (iii) Section 982.517 (utility allowance schedule); (7) In subpart M of part 982: (i) Sections 982.603, 982.607, 982.611, 982.613(c)(2); and (ii) Provisions co
22、ncerning shared housing (982.615 through 982.618), co-operative housing (982.619), manufac-tured home space rental (982.622 through 982.624), and the homeowner-ship option (982.625 through 982.641). 983.3 PBV definitions. (a) Use of PBV definitions(1) PBV terms (defined in this section). This sec-ti
23、on defines PBV terms that are used in this part 983. For PBV assistance, the definitions in this section apply to use of the defined terms in part 983 and in applicable provisions of 24 CFR part 982. (Section 983.2 specifies which provi-sions in part 982 apply to PBV assist-ance under part 983.) (2)
24、 Other voucher terms (terms defined in 24 CFR 982.4). (i) The definitions in this section apply instead of definitions of the same terms in 24 CFR 982.4. (ii) Other voucher terms are defined in 982.4, but are not defined in this section. Those 982.4 definitions apply to use of the defined terms in t
25、his part 983 and in provisions of part 982 that apply to part 983. (b) PBV definitions. 1937 Act. The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.). Activities of daily living. Eating, bath-ing, grooming, dressing, and home management activities. Admission. The point when the family bec
26、omes a participant in the PHAs VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00636 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-627 Asst. Secry., for Public and
27、 Indian Housing, HUD 983.3 tenant-based or project-based voucher program (initial receipt of tenant- based or project-based assistance). After admission, and so long as the family is continuously assisted with tenant-based or project-based voucher assistance from the PHA, a shift from tenant-based o
28、r project-based assist-ance to the other form of voucher as-sistance is not a new admission. Agreement to enter into HAP contract (Agreement). The Agreement is a writ-ten contract between the PHA and the owner in the form prescribed by HUD. The Agreement defines requirements for development of housi
29、ng to be as-sisted under this section. When devel-opment is completed by the owner in accordance with the Agreement, the PHA enters into a HAP contract with the owner. The Agreement is not used for existing housing assisted under this section. HUD will keep the public in-formed about changes to the
30、Agree-ment and other forms and contracts re-lated to this program through appro-priate means. Assisted living facility. A residence fa-cility (including a facility located in a larger multifamily property) that meets all the following criteria: (1) The facility is licensed and regu-lated as an assis
31、ted living facility by the state, municipality, or other polit-ical subdivision; (2) The facility makes available sup-portive services to assist residents in carrying out activities of daily living; and (3) The facility provides separate dwelling units for residents and in-cludes common rooms and ot
32、her facili-ties appropriate and actually available to provide supportive services for the residents. Comparable rental assistance. A sub-sidy or other means to enable a family to obtain decent housing in the PHA jurisdiction renting at a gross rent that is not more than 40 percent of the familys adj
33、usted monthly gross in-come. Contract units. The housing units cov-ered by a HAP contract. Development. Construction or reha-bilitation of PBV housing after the proposal selection date. Excepted units (units in a multifamily building not counted against the 25 percent per-building cap). See 983.56(b
34、)(2)(i). Existing housing. Housing units that already exist on the proposal selection date and that substantially comply with the HQS on that date. (The units must fully comply with the HQS before execution of the HAP contract.) Household. The family and any PHA- approved live-in aide. Housing assis
35、tance payment. The monthly assistance payment for a PBV unit by a PHA, which includes: (1) A payment to the owner for rent to owner under the familys lease minus the tenant rent; and (2) An additional payment to or on behalf of the family, if the utility al-lowance exceeds the total tenant pay-ment,
36、 in the amount of such excess. Housing quality standards (HQS). The HUD minimum quality standards for housing assisted under the program. See 24 CFR 982.401. Lease. A written agreement between an owner and a tenant for the leasing of a PBV dwelling unit by the owner to the tenant. The lease establis
37、hes the conditions for occupancy of the dwell-ing unit by a family with housing as-sistance payments under a HAP con-tract between the owner and the PHA. Multifamily building. A building with five or more dwelling units (assisted or unassisted). Newly constructed housing. Housing units that do not e
38、xist on the proposal selection date and are developed after the date of selection pursuant to an Agreement between the PHA and owner for use under the PBV program. Partially assisted building. A building in which there are fewer contract units than residential units. PHA-owned unit. A dwelling unit
39、owned by the PHA that administers the voucher program. PHA-owned means that the PHA or its officers, employ-ees, or agents hold a direct or indirect interest in the building in which the unit is located, including an interest as titleholder or lessee, or as a stock-holder, member or general or limit
40、ed partner, or member of a limited liabil-ity corporation, or an entity that holds any such direct or indirect interest. Premises. The building or complex in which the contract unit is located, in-cluding common areas and grounds. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00637 Fmt
41、8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-628 24 CFR Ch. IX (4111 Edition) 983.4 Program. The voucher program under section 8 of the 1937 Act, including ten-ant-based or proj
42、ect-based assistance. Proposal selection date. The date the PHA gives written notice of PBV pro-posal selection to an owner whose pro-posal is selected in accordance with the criteria established in the PHAs ad-ministrative plan. Qualifying families (for purpose of ex-ception to 25 percent per-build
43、ing cap). See 983.56(b)(2)(ii). Rehabilitated housing. Housing units that exist on the proposal selection date, but do not substantially comply with the HQS on that date, and are de-veloped, pursuant to an Agreement be-tween the PHA and owner, for use under the PBV program. Rent to owner. The total
44、monthly rent payable by the family and the PHA to the owner under the lease for a contract unit. Rent to owner includes payment for any housing services, maintenance, and utilities to be pro-vided by the owner in accordance with the lease. (Rent to owner must not in-clude charges for non-housing ser
45、vices including payment for food, furniture, or supportive services provided in ac-cordance with the lease.) Responsible entity (RE) (for environ-mental review). The unit of general local government within which the project is located that exercises land use respon-sibility or, if HUD determines thi
46、s in-feasible, the county or, if HUD deter-mines that infeasible, the state. Single-family building. A building with no more than four dwelling units (as-sisted or unassisted). Site. The grounds where the contract units are located, or will be located after development pursuant to the Agreement. Spe
47、cial housing type. Subpart M of 24 CFR part 982 states the special regu-latory requirements for single-room occupancy (SRO) housing, congregate housing, group homes, and manufac-tured homes. Subpart M provisions on shared housing, cooperative housing, manufactured home space rental, and the homeowne
48、rship option do not apply to PBV assistance under this part. State-certified appraiser. Any indi-vidual who satisfies the requirements for certification as a certified general appraiser in a state that has adopted criteria that currently meet or exceed the minimum certification criteria issued by th
49、e Appraiser Qualifications Board of the Appraisal Foundation. The states criteria must include a re-quirement that the individual has achieved a satisfactory grade upon a state-administered examination con-sistent with and equivalent to the Uni-form State Certification Examination issued or endorsed by the Appraiser Qualifications Board of the Appraisal Foundation. Furthermore, if the Ap-praisal Foundation has issued a finding that the poli
