§ 983.204 - Execution of HAP Contract or PHA-owned Certification.

§ 983.204 When HAP contract is executedExecution of HAP Contract or PHA-owned Certification.

Cross Reference

Link to an amendment published at 89 FR 38324, May 7, 2024.

Cross Reference

Link to an amendment published at 89 FR 38325, May 7, 2024.

(a) PHA inspection of housing.

(1)

Before execution of the HAP contract, the PHA must

inspect each contract unit

determine that applicable pre-HAP contract HQS requirements have been met in accordance with § 983.103(b)

.

or (

2

c) as applicable. The PHA may not

enter into a

execute the HAP contract for any contract unit

until the PHA has determined that the unit complies with the HQS

that does not meet the pre-HAP contract HQS requirements, except as provided in paragraph (c).

(b) Existing housing. In the case of For existing housing, the HAP contract must be executed and effective promptly after PHA selection of the owner proposal and PHA inspection of the housingdetermination that the applicable pre-HAP contract HQS requirements have been met.

(c) Newly constructed or rehabilitated housing.

(1) In the case of

For newly constructed or rehabilitated housing developed pursuant to § 983.152(a)(1) which will not undergo development activity after HAP contract execution per § 983.157, the HAP contract must be executed and effective promptly after the PHA

has inspected the completed units and has determined

determines that the

units have been

housing was completed in accordance with the

Agreement and the owner has furnished all required evidence of completion (see §§ 983.155 and 983.156).

(2) In the HAP contract, the owner certifies that the units have been completed in accordance with the Agreement. Completion of the units by the owner and acceptance of units by the PHA is subject to the provisions of the Agreement.

applicable requirements, HUD's HQS, and any additional design, architecture, or quality requirements specified by the PHA, in accordance with § 983.156(b)(1) or (c). For rehabilitated housing that will undergo development activity after HAP contract execution per § 983.157, the HAP contract must be executed and effective promptly after the requirements of § 983.157(c) are met (all proposed PBV units are added to the contract at this time, including units that do not comply with HQS or that will undergo development activity).

(d) Effective date of the PBV HAP contract. The effective date of the HAP contract must be on or after the date the HAP contract is executed. The HAP contract must be effective before the effective date of the first lease covering a contract unit occupied by an assisted family, and the PHA may not pay any housing assistance payment to the owner until the HAP contract is effective.

[89 FR 38324, May 7, 2024]