24 C.F.R. § 880.201

Definitions

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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 Assistance Payments Contract) The Agreement between the owner and the contract administrator which provides that, upon satisfactory completion of the project in accordance with the HUD-approved final proposal, the administrator will enter into the Contract with the owner.

Annual income. As defined in part 5 of this title.

Contract. (Housing Assistance Payments Contract) The Contract entered into by the owner and the contract administrator upon satisfactory completion of the project, which sets forth the rights and duties of the parties with respect to the project and the payments under the Contract.

Contract Administrator. The entity which enters into the Contract with the owner and is responsible for monitoring performance by the owner. The contract administrator is a PHA in the case of private-owner/PHA projects, and HUD in private-owner/HUD and PHA-owner/HUD projects.

Contract rent. The total amount of rent specified in the contract as payable to the owner for a unit.

Covered housing provider. For the Section 8 Housing Assistance Payment Program for New Construction, “covered housing provider,” as such term is used in HUD's regulations in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), refers to the owner.

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 illegal manufacture, sale, distribution, use or possession with the intent to manufacture, sell, distribute, or use, of a controlled substance as defined in section 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 part 5 of this title.

Final proposal. The detailed description of a proposed project to be assisted under this part, which an owner submits 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 the Agreement and is the standard by which HUD judges acceptable construction of the project.)

Housing assistance payment. The payment made by the contract administrator to the owner of an assisted unit as provided in the contract. Where the unit is leased to an eligible family, the payment is the 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 accordance with the terms of the contract.

HUD. Department of Housing and Urban Development.

Independent Public Accountant. A Certified 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 preparation. If not certified, the Independent Public Accountant must have been licensed 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 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, having the legal right to lease or sublease newly constructed dwelling units assisted under this part. The term owner also includes the person or entity submitting 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.

PHA-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 entered 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 this type of project, the Agreement and Contract are entered into by the private owner, as owner, and HUD, as contract administrator.

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 entered into by the private owner, as owner, and the PHA, as contract administrator, pursuant to an ACC between 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 identified and segregated account for each project which is established in accordance with § 880.503(b) out of the amounts by which the maximum annual commitment exceeds the amount actually paid out under the Contract or ACC, as applicable, each year.

Public Housing Agency (PHA). As defined in part 5 of this title.

Rent. In the case of an assisted unit in a cooperative project, rent means the carrying charges payable to the cooperative with respect to occupancy of the unit.

Replacement cost. The estimated construction cost of the project when the proposed improvements are completed. The replacement cost may include the land, the physical improvements, utilities within the boundaries of the land, architect's fees, and miscellaneous charges incident to construction as approved by the Assistant Secretary.

Secretary. The Secretary of Housing and Urban Development (or designee).

Small Project. A project for non-elderly families under this part which includes 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 payment. The housing assistance payment made to the owner by the contract administrator for a vacant assisted unit if certain conditions are fulfilled as provided in the Contract. The amount of the vacancy payment varies with the length of the vacancy period and is less after the first 60 days 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. 27, 1996; 61 FR 47382, Sept. 6, 1996; 63 FR 46578, Sept. 1, 1998; 65 FR 16722, Mar. 29, 2000; 81 FR 80811, Nov. 16, 2016]

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1980–2022 · leading case: Cms Contract Mgmt. Servs. v. United States, 110 Fed. Cl. 537 (Fed. Cl. 2013).

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Cms Contract Mgmt. Servs. v. United States, 110 Fed. Cl. 537 (Fed. Cl. 2013). · cites it 5× “24 C.F.R. § 880.201 . Under the terms of the ACC, HUD provides the PHA with funds to cover (1) the housing assistance payments that the PHA, through the HAP, makes to owners, and (2) the costs of the PHA’s administrative services related to the program.”

Midland Mgmt. Co. v. Helgason, 630 N.E.2d 836 (Ill. 1994). · cites it 2× “We conclude that under the terms of the lease agreement, Section 8 housing assistance payments did not constitute rent.”

New Lansing Gardens Hous. v. Columbus Metro. Hous., 46 F.4th 514 (6th Cir. 2022). “1998) (unpublished table decision); 42 U.S.C. § 1437f(c)(1)(A).”

Haddon Hous. Assocs., Ltd. P'ship v. United States, 711 F.3d 1330 (Fed. Cir. 2013). “§ 1437f(c)(l); 24 C.F.R. § 880.201 . The tenants are obligated to pay a portion of the established monthly rent based on particular income guidelines, see 42 U.”

Rebelwood, Ltd. v. Hinds Cnty., 544 So. 2d 1356 (Miss. 1989). “24 C.F.R. § 880.201 (1988). The amount of the contract rent varies depending on the cost of construction, projected operation expenses, and mortgage expenses.”

Greenwich Gardens Assocs. v. Pitt, 126 Misc. 2d 947 (1984). “” (24 CFR 880.201; emphasis added.) In Swann v Gastonia Housing Auth.”

Brown Park Estates-Fairfield Dev. Co. v. United States, 127 F.3d 1449 (Fed. Cir. 1997). · cites it 3× “§ 1437f(c)(l) (1994); 24 C.F.R. § 880.201 (1996). Of this contract rent, the tenant is responsible for paying a specified amount based on his or her income, known as the tenant rent.”

Arnold Murray Constr. v. Wittrock, 487 N.W.2d 33 (S.D. 1992). · cites it 2× “) 24 CFR §§ 880.201 , 880.203. Thus it is clear HUD's definition of "rent" is broad and would include charges such as the garage and cable charges, which Company imposed upon Wittrock in addition to her apartment rent.”

United States v. Southland Mgmt. Corp., Inc., 95 F. Supp. 2d 629 (S.D. Miss. 2000). “Taking another approach to this issue, the Government, citing 24 C.F.R. § 880.201 , argues that the regulations governing the Substantial Rehabilition Program provide that housing which HUD agreed to accept for participation in the program, based upon an ini-tal determination…”

Dellway Villa Apts. v. Goodloe (In Re Goodloe), 61 B.R. 1016 (Bankr. M.D. Tenn. 1986). “§ 1437f(c)(l); 24 C.F.R. §§ 880.201 , 880.203 et seq. (1985).”

Midland Mgmt. Co. v. Helgason, 608 N.E.2d 643 (Ill. App. Ct. 1993). “” ( 24 C.F.R. §880.201 (1992).) The regulations state that the rent includes the amounts “payable by HUD and the tenant.”

Carson v. Alvord, 487 F. Supp. 1049 (N.D. Ga. 1980). “In accordance with HUD procedures under 24 C.F.R. § 880.201 (e)(1), a copy of the preliminary proposal was sent to state and regional clearinghouses for review and comment, the regional clearinghouse in this case being the Atlanta Regional Commission.”

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