24 C.F.R. § 883.310

Property standards

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(a) New Construction. Projects must comply with:

(1) [Reserved]

(2) In the case of manufactured homes, the Federal Manufactured Home Construction and Safety Standards, pursuant to Title VI of the Housing and Community Development Act of 1974, and 24 CFR part 3280;

(3) In the case of congregate or single room occupant housing, the appropriate HUD guidelines and standards,

(4) HUD requirements pursuant to Section 209 of the Housing and Community Development Act of 1974 for projects for the elderly or the handicapped;

(5) HUD requirements pertaining to noise abatement and control; and

(6) Applicable state and local laws, codes, ordinances, and regulations.

(b) Substantial Rehabilitation. Projects must comply with:

(1) [Reserved]

(2) In the case of congregate or single room occupant housing, the appropriate HUD guidelines and standards,

(3) HUD requirements pursuant to Section 209 of the HCD Act for projects for the elderly or the handicapped;

(4) HUD requirements pertaining to noise abatement and control;

(5) The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, H, and R of this title.

(6) Applicable State and local laws, codes, ordinances, and regulations.

(c) Smoke detectors—(1) Performance requirement. After October 30, 1992, each dwelling unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each level of the unit. If the unit is occupied by hearing-impaired persons, smoke detectors must have an alarm system, designed for hearing-impaired persons, in each bedroom occupied by a hearing-impaired person.

(2) Acceptability criteria. The smoke detector must be located, to the extent practicable, in a hallway adjacent to a bedroom, unless the unit is occupied by a hearing-impaired person, in which case each bedroom occupied by a hearing-impaired person must have an alarm system connected to the smoke detector installed in the hallway.

[45 FR 6889, Jan. 30, 1980, as amended at 50 FR 9269, Mar. 7, 1985; 57 FR 33851, July 30, 1992; 63 FR 46579, Sept. 1, 1998; 64 FR 50227, Sept. 15, 1999]

Notes of Decisions

Cited in 4 cases, 1985–2010 · leading case: Dobyns v. United States, 91 Fed. Cl. 412 (Fed. Cl. 2010).

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Dobyns v. United States, 91 Fed. Cl. 412 (Fed. Cl. 2010). “212-4 (q) (requiring procurement contractors to "comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance undei this contract”); 24 C.F.R. § 883.310 (b)(6) (making a similar requirement for recipients of…”

City of Joliet, Ill. v. New West, LP, 562 F.3d 830 (7th Cir. 2009). “Owners such as New West must comply with all state and local laws-indeed, 24 C.F.R. § 883.310 (b)(6) specifies that recipients of federal assistance are bound by all “[ajpplicable State and local laws, codes, ordinances, and regulations.”

City of Joliet v. New West (7th Cir. 2009). “Owners such as New West must comply with all state and local laws—indeed, 24 C.F.R. §883.310 (b)(6) specifies that recipients of federal assistance are bound by all “[a]pplicable State and local laws, codes, ordinances, and regulations.”

Frisby v. United States Dep't of Hous. & Urban Dev., 755 F.2d 1044 (3rd Cir. 1985). “310 (a); the fair market rent limitation, 24 C.F.R. § 883.310 (b); see also 42 U.S.”

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