§ 983.211 - Removal of unit from HAP contract based on a family's increased income.

§ 983.211 Removal of unit from HAP contract .

Cross Reference

Link to an amendment published at 89 FR 38329, May 7, 2024.

(a)

based on a family's increased income.

(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 rent payment equaling the gross rent to the owner, shall be removed from the HAP Contract 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.

(c)

A reinstatement or substitution of units under the HAP contract, in accordance with this paragraph

(b) of this section

, must be permissible under § 983.207(b) or (a), respectively.

(c) Additional requirements. The anniversary and expirations dates of the HAP contract for the reinstated or substituted unit must be the same as it was when it was originally 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). The PHA must refer eligible families to the owner Families must be selected in accordance with the PHA's selection policies.

[79 FR 36168, June 25, 2014

program requirements under § 983.251 of this part.

[89 FR 38329, May 7, 2024]