24 C.F.R. § 983.211

Removal of unit from HAP contract based on a family's increased income

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(a) Removal of a unit based on a family's increased income. Units occupied by families whose income has increased during their tenancy resulting in the total tenant payment equaling the gross rent shall be removed from the HAP contract 180 days following the last housing assistance payment on behalf of the family.

(b) Reinstatement or substitution of HAP contracts. If the project is fully assisted, a PHA may reinstate the unit removed under paragraph (a) of this section to the HAP contract after the ineligible family vacates the property. If the project is partially assisted, a PHA may substitute a different unit for the unit removed under paragraph (a) of this section to the HAP contract when the first eligible substitute becomes available. A reinstatement or substitution of units under the HAP contract, in accordance with this paragraph, must be permissible under § 983.207(b) or (a), respectively.

(c) Additional requirements. The anniversary and expirations dates of the reinstated or substituted unit must be the same as all other units under the HAP contract (i.e., the annual anniversary and expiration dates for the first contract units placed under the HAP contract). Families must be selected in accordance with program requirements under § 983.251 of this part.

[89 FR 38329, May 7, 2024]

Notes of Decisions

Cited in 1 case, 2003–2003 · leading case: 5th Bedford Pines Apts., Ltd. v. Brandon, 262 F. Supp. 2d 1369 (N.D. Ga. 2003).

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5th Bedford Pines Apts., Ltd. v. Brandon, 262 F. Supp. 2d 1369 (N.D. Ga. 2003). “In her Motion to Add HUD, Brandon argues that HUD is required to make payments under 24 C.F.R. § 983.211 (2002). That regulation requires housing assistance payments to continue if an owner has commenced a process to evict the tenant; however, the regulation is not applicable…”

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