C.F.R. » Title 24 » CHAPTER II—OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › SUBCHAPTER B—MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES › PART 245—TENANT PARTICIPATION IN MULTIFAMILY HOUSING PROJECTS › Subpart D—Procedures for Requesting Approval of an Increase in Maximum Permissible Rents

24 C.F.R. § 245.320

Request for increase

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Upon expiration of the period for tenant comments required in the notice format in § 245.310 and after review of the comments submitted to the mortgagor, the mortgagor must submit to the local HUD office, in addition to the materials enumerated in § 245.315 and any revisions thereto, the request for an increase in the maximum permissible rents, together with the following:

(a) Copies of all written comments submitted by the tenants to the mortgagor;

(b) The mortgagor's evaluation of the tenants' comments with respect to the request;

(c) A certification by the mortgagor that:

(1) It has complied with all of the requirements of this subpart;

(2) The copies of the materials submitted in support of the proposed increase were located in a place reasonably convenient to tenants in the project during normal business hours and that requests by tenants to inspect the materials, as provided for in the notice, were honored;

(3) All comments received from tenants were considered by the mortgagor in making its evaluation; and

(4) Under the penalties and provisions of title 18 U.S.C., section 1001, the statements contained in this request and its attachments have been examined by me and, to the best of my knowledge and belief, are true, correct, and complete.

Notes of Decisions
Cited in 2 cases, 2002–2008 · leading case: St. Christopher Assocs., L.P. v. United States, 511 F.3d 1376 (Fed. Cir. 2008).
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St. Christopher Assocs., L.P. v. United States, 511 F.3d 1376 (Fed. Cir. 2008). “The government counters that the regulation stipulates that in order for HUD to act on a rent increase request, it must first assure itself that the requester has satisfied the requirements set forth in 24 C.F.R. § 245.320 . Here, the government argues, St.”
Crest A Apts. Ltd. II v. United States, 52 Fed. Cl. 607 (Fed. Cl. 2002). “24 C.F.R. § 245.320 . Thereafter, HUD will evaluate the rent increase request, taking into consideration reasonably anticipated increases in project operating costs over the next year.”
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