C.F.R. » Title 24 » CHAPTER VIII—OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (SECTION 8 HOUSING ASSISTANCE PROGRAMS, SECTION 202 DIRECT LOAN PROGRAM, SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY PROGRAM AND SECTION 811 SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES PROGRAM) › PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS › Subpar…

24 C.F.R. § 882.102

Definitions

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Terms found elsewhere. The following terms are defined in part 5, subpart A of this title: 1937 Act, covered person, drug, drug-related criminal activity, federally assisted housing, guest, household, HUD, MSA, other person under the tenant's control, public housing agency (PHA), Section 8, and violent criminal activity.

(b) In addition, the following definitions apply to this part:

ACC reserve account (or “project account”). The account established and maintained in accordance with § 882.403(b).

Agreement to enter into Housing Assistance Payments Contract (“Agreement”). A written agreement between the Owner and the PHA that, upon satisfactory completion of the rehabilitation in accordance with requirements specified in the Agreement, the PHA will enter into a Housing Assistance Payments Contract with the Owner.

Annual Contributions Contract (“ACC”). The written agreement between HUD and a PHA to provide annual contributions to the PHA to cover housing assistance payments and other expenses pursuant to the 1937 Act.

Assisted lease (or “lease”). A written agreement between an Owner and a Family for the leasing of a unit by the Owner to the Family with housing assistance payments under a Housing Assistance Payments Contract between the Owner and the PHA.

Congregate housing. Housing for elderly persons or persons with disabilities that meets the HQS for congregate housing.

Contract. See definition of Housing Assistance Payments Contract.

Contract rent. The total amount of rent specified in the Housing Assistance Payments Contract as payable to the Owner by the Family and by the PHA to the Owner on the Family's behalf.

Covered housing provider. For the Section 8 Moderate Rehabilitation Programs, as provided in subparts A, D, and E of this part, “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 PHA or owner, as applicable given the responsibilities of the covered housing provider as set forth in 24 CFR part 5, subpart L. For example, the PHA is the covered housing provider responsible for providing the notice of occupancy rights under VAWA and certification form described at 24 CFR 5.2005(a), though the PHA may provide this notice and form to owners, and charge owners with distributing the notice and form to tenants. In addition, the owner is the covered housing provider that may choose to bifurcate a lease as described at 24 CFR 5.2009(a), while both the PHA and owner are both responsible for ensuring that an emergency transfer plan is in place in accordance with 24 CFR 5.2005(e), and the owner is responsible for implementing the emergency transfer plan when an emergency occurs.

Decent, safe, and sanitary. Housing is decent, safe, and sanitary if it meets the physical condition standards in 24 CFR part 5, subpart G.

Gross rent. The total monthly cost of housing an eligible Family, which is the sum of the Contract Rent and any utility allowance.

Group home. A dwelling unit that is licensed by a State as a group home for the exclusive residential use of two to twelve persons who are elderly or persons with disabilities (including any live-in aide).

Housing Assistance Payment. The payment made by the PHA to the Owner of a unit under lease by an eligible Family, as provided under the Contract. The payment is the difference between the Contract Rent and the tenant rent. An additional payment (the “utility reimbursement”) is made by the PHA when the utility allowance is greater than the total tenant payment.

Housing Assistance Payments Contract (“Contract”). A written contract between a PHA and an Owner for the purpose of providing housing assistance payments to the Owner on behalf of an eligible Family.

Moderate rehabilitation. Rehabilitation involving a minimum expenditure of $1000 for a unit, including its prorated share of work to be accomplished on common areas or systems, to:

(1) Upgrade to decent, safe and sanitary condition to comply with the Housing Quality Standards or other standards approved by HUD, from a condition below these standards (improvements being of a modest nature and other than routine maintenance); or

(2) Repair or replace major building systems or components in danger of failure.

Owner. Any person or entity, including a cooperative, having the legal right to lease or sublease existing housing.

Single room occupancy housing (SRO). A unit that contains no sanitary facilities or food preparation facilities, or contains either, but not both, types of facilities.

Statement of Family responsibility. An agreement in the form prescribed by HUD, between the PHA and a Family to be assisted under the Program, stating the obligations and responsibilities of the Family.

[63 FR 23853, Apr. 30, 1998, as amended at 63 FR 46578, Sept. 1, 1998; 66 FR 28797, May 24, 2001; 81 FR 80812, Nov. 16, 2016]
Notes of Decisions
Cited in 19 cases, 1980–2008 · leading case: Katherine Jeffries v. Georgia Residential Fin. Auth., Harriet J. MacKlin Etc., 678 F.2d 919 (11th Cir. 1982).
Sort: Relevance Newest Treatment
Katherine Jeffries v. Georgia Residential Fin. Auth., Harriet J. MacKlin Etc., 678 F.2d 919 (11th Cir. 1982). · cites it 2× “24 C.F.R. § 882.102 . GRFA issues a certificate of family participation to eligible participants who locate a privately owned dwelling that complies with the housing quality standards approved by HUD.”
Ferguson v. Metro. Dev. & Hous. Agency, 485 F. Supp. 517 (M.D. Tenn. 1980). · cites it 2× “§ 1437f(f)(1); 24 C.F.R. § 882.102 (1979). The Certificate of Family Participation certifies, inter alia, that its holder is authorized to participate in the Section 8 Existing Housing Program.”
Comm'n on Human Rights & Opportunities v. Sullivan Assocs., 739 A.2d 238 (Conn. 1999). “”) 24 C.F.R. § 882.102 (1994). A low income family is one whose annual income is no more than 80 percent of the median income for the area (adjusted for the size of the family); a very low income family has an annual income of no more than 50 percent of the median income for the…”
Comm'n on Human Rights & Opportunities v. Sullivan, 939 A.2d 541 (Conn. 2008). “’ 24 C.F.R. § 882.102 (1994).” Sullivan I, supra, 250 Conn.”
Hous. Auth. of Atlanta v. Jefferson, 476 S.E.2d 831 (Ga. Ct. App. 1996). · cites it 2× “§ 1437f(a); 24 C.F.R. § 882.102 . Landlords who wish to take advantage of the secure and market-based Section 8 source of rent income must meet the standards imposed by law, in this case the city ordinance, and it is the duty of the AHA pursuant to its agreement with the United…”
Ayala v. Boston Hous. Auth., 536 N.E.2d 1082 (Mass. 1989). “24 C.F.R. § 882.102 (1980). The housing quality standard governing lead paint is as follows: “The dwelling unit shall be in compliance with HUD Lead Based Paint regulations, 24 CFR, Part 35, issued pursuant to the Lead Based Paint Poisoning Prevention Act.”
Gussie Davis v. Mansfield Metro. Hous. Auth., 751 F.2d 180 (6th Cir. 1984). “See 24 C.F.R. § 882.102 (1983). Persons seeking participation in the program must apply to the local housing authority for a certificate of participation.”
Gallman v. Pierce, 639 F. Supp. 472 (N.D. Cal. 1986). “” 24 C.F.R. § 882.102 (1985). 2 . The Senate proposal deleted the requirement that the PHA have the sole authority to issue a notice to vacate.”
Williams v. Hanover Hous. Auth., 926 F. Supp. 10 (D. Mass. 1996). · cites it 2× “” See 24 C.F.R. § 882.102 (1995). The Authorities, operating in accordance with a legal opinion issued by the Massachusetts Office of Communities and Development (the “Agency”), 3 had been interpreting state law as legally barring them, and all other Massachusetts public housing…”
Wiener v. New York City Hous. Auth., 106 Misc. 2d 843 (N.Y. City Civ. Ct. 1981). · cites it 2× “(24 CFR 882.102.) According to the guidelines for the time period covered by the stipulation, the maximum fair market monthly rental for a nonelevator building in New York City was $268 for a one-bedroom apartment and $316 for a two-bedroom apartment.”
Campbell v. Boston Hous. Auth., 823 N.E.2d 363 (Mass. 2005). “24 C.F.R. §§ 882.102 and 882.109. Those regulations state that “[p]rior to the occupancy of HUD-associated housing, immediate hazards shall be eliminated by the most practicable means.”
C.J. Betters, Corp. v. United States, 21 Cl. Ct. 378 (Ct. Cl. 1990). “” 24 C.F.R. § 882.102 (1989). . As noted, the June 1, 1984 memorandum is concerned with defining HUD’s policies in respect to foreclosures on HUD-insured properties and therefore is not directly applicable to the property disposition in issue in this case.”
Show all 19 citing cases →
— 24 C.F.R. § 882.102(b) — 1 case
Williams v. Hanover Hous. Auth., 926 F. Supp. 10 (D. Mass. 1996). “” See 24 C.F.R. § 882.102 (1995). The Authorities, operating in accordance with a legal opinion issued by the Massachusetts Office of Communities and Development (the “Agency”), 3 had been interpreting state law as legally barring them, and all other Massachusetts public housing…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.