24 C.F.R. § 888.203

Use of contract rent automatic annual adjustment factors

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(a) To compute an adjustment to a Contract Rent, find the schedule of Automatic Annual Adjustment Factors for the appropriate Census Region or Standard Metropolitan Statistical Area—

(1) If the Contract Rent includes all utilities, use the factor shown on the basic schedule for the rent bracket within which the particular Contract Rent falls and for the applicable size of unit (by number of bedrooms).

(2) If the Contract Rent does not include all utilities but does include the highest cost utility, use the appropriate factor shown on the basic schedule.

(3) If the Contract Rent does not include any utilities or includes some utilities but not the highest cost utility, use the Annual Adjustment Factor for Contract Rent (Excluding Utilities).

(b) The adjusted monthly amount of the Contract Rent of a dwelling unit shall be determined by multiplying the Contract Rent in effect on the anniversary date of the contract by the applicable Automatic Annual Adjustment Factor (see paragraph (a) of this section) and rounding the result as follows:

(1) If the result contains a fractional dollar amount ranging from $0.01 to $0.49, round to the next lower whole dollar amount;

(2) If the result contains a fractional dollar amount ranging from $0.50 to $0.99, round to the next higher whole dollar amount.

[42 FR 60508, Nov. 25, 1977, as amended at 44 FR 21769, Apr. 12, 1979; 47 FR 4252, Jan. 29, 1982; 59 FR 38564, July 29, 1994]

Notes of Decisions

Cited in 11 cases, 1994–2015 · leading case: Pennsauken Senior Towers Urban Renewal Assocs., LLC. v. United States, 83 Fed. Cl. 623 (Fed. Cl. 2008).

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Pennsauken Senior Towers Urban Renewal Assocs., LLC. v. United States, 83 Fed. Cl. 623 (Fed. Cl. 2008). · cites it 8× “Part 888, addresses the means by which HUD adjusts rents under its contracts: The adjusted monthly amount of the Contract Rent of a dwelling unit shall be determined by multiplying the Contract Rent in effect on the anniversary date of the contract by the applicable Automatic…”

Haddon Hous. Assocs., Ltd. P'ship v. United States, 711 F.3d 1330 (Fed. Cir. 2013). · cites it 2× “The Claims Court first found that there was an “intractable ambiguity” on the face of the Haddon HAP Contract and 24 C.F.R. § 888.203 , which is incorporated into § 2.”

Ocean View Towers Assocs., Ltd. P'ship v. United States, 88 Fed. Cl. 169 (Fed. Cl. 2009). · cites it 8× “The potentially significant distinction before the court in the instant case is that the HAP Contract in Pennsauken specifically incorporated 24 C.F.R. § 888.203 , see Penn-sauken, 83 Fed.”

One & Ken Valley Hous. Grp. v. Maine State Hous. Auth., 716 F.3d 218 (1st Cir. 2013). “24 C.F.R. § 888.203 . HUD has also drafted a standard form contract for state and local agencies to use when entering into agreements "with Section 8 landlords.”

Haddon Hous. Assocs., LLC v. United States, 99 Fed. Cl. 311 (Fed. Cl. 2011). “24 C.F.R. § 888.203 (b) (1980). By its terms, 24 C.”

Melrose Assocs., L.P. v. United States, 43 Fed. Cl. 124 (Fed. Cl. 1999). · cites it 2× “609 or 24 C.F.R. § 888.203 (b), nor is there any delegation of authority to convert from annual adjustment methodology to budget-based contract rents.”

Haddon Hous. Assocs., LLC v. United States, 92 Fed. Cl. 8 (Fed. Cl. 2010). “24 C.F.R. § 888.203 (b) (1980). However, because Section 8 of the statute prohibited rent adjustments from creating “material differences between the rents charged for assisted and comparable unassisted units, as determined by the Secretary,” 42 U.”

Cathedral Square Partners Ltd. P'ship v. South Dakota Hous. Dev. Auth., 679 F. Supp. 2d 1034 (D.S.D. 2009). “24 C.F.R § 888.203(b). HUD publishes these Adjustment Factors at least annually by notice in the Federal Register.”

Brighton Vill. Assocs. v. United States, 31 Fed. Cl. 324 (Fed. Cl. 1994). “24 C.F.R. § 888.203 (b) (1979). HUD may also adjust rents under a second method whereby the project owner submits a written request supported by substantiating evidence.”

Haddon Hous., 2012-5046 & 2012-5060 (Fed. Cir. 2013). · cites it 2× “The Claims Court first found that there was an “in- tractable ambiguity” on the face of the Haddon HAP Contract and 24 C.F.R. § 888.203 , which is incorporated into § 2.”

Evergreen Square of Cudahy v. Wisconsin Hous. & Econ. Dev. Auth., 105 F. Supp. 3d 907 (E.D. Wis. 2015). “3d at 221 (citing 24 C.F.R. § 888.203 ). HUD drafted standard form contracts for state and local agencies, including WHEDA, to use when entering into agreements with Section 8 landlords.”

— 24 C.F.R. § 888.203(b) — 3 cases

Haddon Hous. Assocs., Ltd. P'ship v. United States, 711 F.3d 1330 (Fed. Cir. 2013). “The Claims Court first found that there was an “intractable ambiguity” on the face of the Haddon HAP Contract and 24 C.F.R. § 888.203 , which is incorporated into § 2.”

Haddon Hous., 2012-5046 & 2012-5060 (Fed. Cir. 2013). “The Claims Court first found that there was an “in- tractable ambiguity” on the face of the Haddon HAP Contract and 24 C.F.R. § 888.203 , which is incorporated into § 2.”

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