§ 882.110 - Types of housing.

(a) Any type of Existing Housing meeting the housing quality standards may be utilized under this part, except nursing homes, units within the grounds of penal, reformatory, medical, mental and similar public or private institutions, and facilities providing continual psychiatric, medical or nursing services. Examples of Existing Housing which may be utilized include, but are not limited to, privately owned apartments, houses and congregate housing units; existing FHA insured. Section 202 direct loan. Farmers Home Administration (FmHA) insured or direct loan, or VA guaranteed properties; properties held by the Secretary, or properties sold by the Secretary on which the Secretary has taken back a purchase money mortgage. Eligible types of Independent Group Residences include, but are not limited to, self-contained apartments and houses: Provided, They meet the requirements of § 882.109(n).

(b) Congregate housing may be utilized for eligible elderly, handicapped, disabled or displaced families or individuals. Independent Group Residences shall be utilized for eligible elderly, handicapped or disabled Families or individuals which require a planned program of continual supportive services.

(c) SRO Housing may be utilized if:

(1) The property is located in an area in which there is a significant demand for SRO units, as determined by the HUD Field Office;

(2) The PHA and the unit of general local government in which the property is located approve the use of SRO units for such purpose; and

(3) The unit of general local government and local PHA certify to HUD that the property meets applicable local health and safety standards.

(d) In any Section 221(d)(3) below market interest rate (BMIR) or market interest rate (MIR), Section 202, Section 236 (insured or non-insured), FmHA Section 515 interest credit project: (1) Units receiving assistance under the Section 23 or rent supplement programs may continue to receive such assistance or, upon conversion of the Section 23 units to Section 8, the occupants may receive assistance under Section 8, and (2) the occupants of units not receiving such assistance may receive Section 8 assistance, provided that the total number of units in the project covered by Housing Assistance Payments Contracts under Section 8 or receiving Section 23 rental assistance, rent supplement assistance, Section 236 “deep subsidy” rental assistance payments, or State or local subsidy (other than property tax exemption or abatement) does not exceed 40 percent of the total number of units in the project. Upon request, this limitation may be exceeded for the purpose of relieving hardship of a particular Family or Families only with the approval of the Field Office Manager. Prior to granting such an approval, the Field Office Manager will review the request to determine whether assistance under part 886, subpart A, “Additional Assistance Program for Projects with HUD-insured and HUD-held Mortgages” is more appropriate and whether such assistance can be scheduled.

(e) For any Section 221(d)(3) BMIR, Section 202, Section 236 (insured or noninsured), or FmHA Section 515 interest credit unit or any State or locally subsidized unit, the housing assistance payment shall be the amount by which the rent payable by the Eligible Family under Section 23 or Section 8 is less than the subsidized rent (which subsidy shall not be reduced on account of any Section 23 or Section 8 assistance).

(f) In no event may any occupant receive the benefit of more than one of the following: rent supplement, Section 23 housing assistance, Section 8 housing assistance, or Section 236 “deep subsidy” rental assistance payments.

(g)(1) Housing assistance may not be provided on behalf of a housing Owner. However, assistance may be provided on behalf of a member of a cooperative.

(2) An Owner of housing assisted under the Section 8 Certificate program may not be an occupant of an assisted dwelling unit, except for assistance on behalf of a member of a cooperative or as provided in § 882.315(a)(2) (unassisted occupancy by an Owner of Shared Housing).