C.F.R. » Title 24 » CHAPTER IV—OFFICE OF HOUSING AND OFFICE OF MULTIFAMILY HOUSING ASSISTANCE RESTRUCTURING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 402—SECTION 8 PROJECT-BASED CONTRACT RENEWAL UNDER SECTION 524 OF MAHRA

24 C.F.R. § 402.2

Definitions

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(a) Terms defined in part 401. In this part, the following terms have the meanings given in § 401.2 of this chapter: affiliate, disabled family, elderly family, eligible project, HUD, MAHRA, owner, PAE, Restructuring Plan, and section 8.

(b) Terms defined in MAHRA. In this part, the following terms have the meanings given in section 512 of MAHRA: expiration date, fair market rent, renewal, and tenant-based assistance.

(c) Other defined terms. In this part, the term—

Comparable market rents means rents determined in accordance with section 524(a)(5) of MAHRA and HUD's instructions.

Large family means a family of five or more persons.

OCAF means an operating cost adjustment factor established by HUD, which may not be negative, that is applied to the existing contract rent (less the portion of that rent paid for debt service).

Portfolio Reengineering demonstration authority means the authority specified in section 524(e)(2)(B) of MAHRA.

Project-based assistance means the types of assistance listed in section 512(2)(B) of MAHRA, or a project-based assistance contract under the Section 8 program renewed under section 524 of MAHRA.

Project eligible for exception rents means a project described in section 524(b) of MAHRA.

SRO contract and SRO project mean, respectively, a project-based assistance contract for single-room occupancy dwellings under section 441 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11401), and a project with units covered by such a contract.

[71 FR 2121, Jan. 12, 2006]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2013–2022 · leading case: New Lansing Gardens Hous. v. Columbus Metro. Hous., 46 F.4th 514 (6th Cir. 2022).
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New Lansing Gardens Hous. v. Columbus Metro. Hous., 46 F.4th 514 (6th Cir. 2022). “” 24 C.F.R. § 402.2 (c). No. 21-3942 New Lansing Gardens Housing v.”
Cms Contract Mgmt. Servs. v. United States, 110 Fed. Cl. 537 (Fed. Cl. 2013). “§ 512(2)(B)(i); see also 24 C.F.R. § 402.2 (MAHRA regulations, providing that “[p]roject-based assistance means the types of assistance listed in section 512(2)(B)of MAHRA, or a project-based assistance contract under the Section 8 program renewed *556 under section 524 of MAHRA.”
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