C.F.R. » Title 24 » CHAPTER IX—OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 982—SECTION 8 TENANT-BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM › Subpart J—Housing Assistance Payments Contract and Owner Responsibility

24 C.F.R. § 982.453

Owner breach of contract

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(a) Any of the following actions by the owner (including a principal or other interested party) is a breach of the HAP contract by the owner:

(1) If the owner has violated any obligation under the HAP contract for the dwelling unit, including the owner's obligation to maintain the unit in accordance with the HQS.

(2) If the owner has violated any obligation under any other HAP contract under Section 8 of the 1937 Act (42 U.S.C. 1437f).

(3) If the owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program.

(4) For projects with mortgages insured by HUD or loans made by HUD, if the owner has failed to comply with the regulations for the applicable mortgage insurance or loan program, with the mortgage or mortgage note, or with the regulatory agreement; or if the owner has committed fraud, bribery or any other corrupt or criminal act in connection with the mortgage or loan.

(5) If the owner has engaged in drug-related criminal activity.

(6) If the owner has committed any violent criminal activity.

(b) The PHA rights and remedies against the owner under the HAP contract include recovery of overpayments, abatement or other reduction of housing assistance payments, termination of housing assistance payments, and termination of the HAP contract.

[60 FR 34695, July 3, 1995, as amended at 64 FR 26647, May 14, 1999; 64 FR 56914, Oct. 21, 1999; 65 FR 16821, Mar. 30, 2000]
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1998–2024 · leading case: Khan v. Bland, 630 F.3d 519 (7th Cir. 2010).
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Khan v. Bland, 630 F.3d 519 (7th Cir. 2010). “HUD-52641, Part B, ¶ 10(a); see also 24 C.F.R. § 982.453 . When the HACC determines that a breach has occurred, it “shall notify the owner of such determination, including a brief statement of the reasons for the determination.”
Peart v. Dist. of Columbia Hous. Auth., 972 A.2d 810 (D.C. 2009). “” 24 C.F.R. § 982.453 (emphasis added). 7 .”
Dexheimer v. CDS, INC., 17 P.3d 641 (Wash. Ct. App. 2001). “" 24 C.F.R. § 982.453 (a) (2000) (emphasis added).”
Dexheimer v. CDS, Inc., 104 Wash. App. 464 (Wash. Ct. App. 2001). “” 24 C.F.R. § 982.453 (a) (2000) (emphasis added).”
Ali v. Bunny Realty Corp., 253 A.D.2d 356 (N.Y. App. Div. 1998). “The PHA had no enforcement power with respect to the lead-paint regulations; the remedy available was to cancel the Section 8 housing contract (24 CFR 982.453). On September 20, 1994, the infant plaintiff was diagnosed as having an elevated level of lead in his blood, measuring…”
Taylor v. Lewis, 772 F. Supp. 2d 1040 (E.D. Mo. 2011). “The obligation for Defendant to comply with the Housing Quality Standards (HQS) comes from Defendant's contracts with the Public Housing Authority, see 24 C.F.R. § 982.453 (a), and from the Tenancy Addendum between Plaintiff and Defendant, see 24 C.”
Scott v. Kaiuum (Cal. Ct. App. 2017). · cites it 2× “(a)(2); see also 24 C.F.R. § 982.453 , subd. (b).) “The PHA must not make any housing assistance payments for a dwelling unit that fails to meet the HQS, unless the owner corrects the defect within the period specified by the PHA and the PHA verifies the correction.”
Scott v. Kaiuum, 8 Cal. App. Supp. 5th 1 (Cal. App. Dep’t Super. Ct. 2017). · cites it 2× “404 (a)(2) (2017); see also 24 C.F.R. § 982.453 (b) (2017).) “The PHA must not make any housing assistance payments for a dwelling unit that fails to meet the HQS, unless the owner corrects the defect within the period specified by the PHA and the PHA verifies the correction.”
Cristina Castaneda v. Dannette Zuniga (Tex. App. 2015). · cites it 2× “310(D) (2) RENOVATIONS NO GOOD CAUSE FOR EVICTION PROPERTY CODE TITLE 8 SEC. 92.052 (a) DILIGENT EFFORT TO REPAIR OR REMEDY PROPERTY CODE TITLE 8 SEC.”
Showell v. George (D.N.J. 2024). “…of housing assistance payments, termination of housing assistance payments, and termination of the HAP contract.” 24 C.F.R. § 982.453 ,”
KST Realty LLC v. Olatoye, 49 Misc. 3d 934 (N.Y. Sup. Ct. 2015). · cites it 2× “(See 24 CFR 982.453 [b] [“The PHA rights and remedies against the owner under the HAP contract include recovery of overpayments”]; answer, exhibit D [“The PHA’s rights and remedies for owner breach of the HAP contract include recovery of overpayments”].”
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