24 C.F.R. § 882.412

Subcontracting of owner services

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(a) General. Any Owner may contract with any private or public entity to perform for a fee the services required by the Agreement, Contract or Lease, provided that such contract may not shift any of the Owner's responsibilities or obligations.

(b) PHA management. If the Owner and a PHA wish to enter into a management contract, they may do so provided that:

(1) The Housing Assistance Payments Contract with respect to the housing involved is administered by another PHA, or

(2) Should another PHA not be available and willing to administer the Housing Assistance Payments Contract and no other management alternative exists, the HUD Field Office may authorize PHA management of units administered by the PHA in accordance with specified criteria.

(3) Notwithstanding the provisions of § 882.408 (b) and (c), a PHA may not approve, without prior HUD approval, rents which exceed the appropriate Moderate Rehabilitation Fair Market Rent for a unit for which it provides the management functions under this section.

Notes of Decisions

Cited in 1 case, 1992–1992 · leading case: Eubanks v. United States, 25 Cl. Ct. 131 (Ct. Cl. 1992).

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Eubanks v. United States, 25 Cl. Ct. 131 (Ct. Cl. 1992). “See 24 C.F.R. § 882.412 . . An alternative formula, based on average monthly rents was available to the Topeka Housing Authority; however, that alternative formula was not used here.”

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