24 C.F.R. § 402.8

Tenant protections if a contract is not renewed

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(a) Notice of termination. An owner who is not eligible for a Restructuring Plan under part 401 of this chapter, or who is eligible but does not request restructuring, and who does not renew a contract, must provide one year's notice to tenants, to HUD, and to the contract administrator as provided in section 8(c)(8)(A) of the United States Housing Act of 1937.

(b) If an owner does not give timely notice. If an owner does not give one year's notice of termination as described in paragraph (a) of this section, the owner must permit the tenants in assisted units to remain in their units at a rental rate no higher than the tenant rent payable for the tenants' last month of assisted occupancy under the terminated HAP contract until one year after notice is given, even if HUD does not continue to make housing assistance payments with respect to such units.

(c) If an owner opts out or fails to renew. In the case where a contract for Section 8 rental assistance for a project is terminated or expires, an assisted family may elect to remain in the project and, if eligible, receive tenant-based Section 8 assistance under Section 8(t) of the United States Housing Act of 1937.

[71 FR 2122, Jan. 12, 2006]

Notes of Decisions

Cited in 3 cases, 2008–2014 · leading case: Feemster v. Bsa Ltd. P'ship, 548 F.3d 1063 (D.C. Cir. 2008).

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Feemster v. Bsa Ltd. P'ship, 548 F.3d 1063 (D.C. Cir. 2008). “in the event of termination [HUD] will provide tenant-based rental assistance to all eligible residents, enabling them to choose the place they wish to rent, which is likely to include the dwelling unit in which they currently reside”); 24 C.F.R. § 402.8 (c) (2006) ("In the case…”

Harris v. Blueray Tech. Shareholders, Inc., 669 F. Supp. 2d 1225 (E.D. Wash. 2009). “, 24 C.F.R. § 402.8 (b) (listing the two tenant protections set forth in the statute).”

Park Props. Assocs., L.P. v. United States (Fed. Cl. 2014). “MAHRA, §§ 514(d), 515(c); see also 24 C.F.R. § 402.8 . That plaintiffs eventually chose to renew their contracts does not alter this fact.”

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