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 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 24 - Housing and Urban Development
 Subtitle B—Regulations Relating to Housing and Urban Development
 Chapter VIII—Office of the Assistant Secretary for Housing-Federal Housing Commissioner, Department of Housing and Urban Development (Section 8 Housing Assistance Programs, Section 202 Direct Loan Program, Section 202 Supportive Housing for the Elderly Program and Section 811 Supportive Housing for Persons with Disabilities Program)
 Part 886 - Section 8 Housing Assistance Payments Program—Special Allocations
 Subpart A - Additional Assistance Program for Projects With HUD-Insured and HUD-Held Mortgages

  § 886.123 - Maintenance, operation, and inspections.  

Latest version.

  • § 886.123 Maintenance, operation, and inspections.

    Cross Reference
    Link to an amendment published at 88 FR 30500, May 11, 2023.

    (a) Maintenance and operation. The Owner shall maintain and operate the project so as to provide Decent, Safe, and Sanitary housing and he housing that is compliant with 24 CFR part 5, subpart G, and the Owner shall provide all the services, maintenance, and utilities which he the Owner agrees to provide under the Contract, subject to abatement of housing assistance payments or other applicable remedies if he the Owner fails to meet these obligations.

    (b) Inspection prior to occupancy. Prior to occupancy of any unit by a Family, the Owner and the Family shall inspect the unit and both shall certify, on . On forms prescribed by HUD, the Owner and Family shall certify that they have inspected the unit and have determined it to be Decent, Safe, and Sanitary in accordance , and the owner shall certify that the unit is compliant with 24 CFR part 5, subpart G, and with the criteria provided in the prescribed forms. Copies of these reports shall be kept on file by the Owner for at least three years.

    (c) Periodic inspections. HUD will inspect or cause to be inspected a reasonable sample of contract units at least annually the contract units in accordance with the requirements in 24 CFR part 5, subpart G, and at such other times as may be necessary to assure that the owner is meeting his contractual obligations. HUD will take into account complaints by occupants and any other information coming to its attention in scheduling inspections and shall notify the owner of its determination.

    (d) Units not Decent, Safe, and Sanitaryfree of health and safety hazards. If HUD notifies the Owner that he the Owner has failed to maintain a dwelling unit in Decent, Safe, and Sanitary condition and that is compliant with the requirements in 24 CFR part 5, subpart G, and the Owner fails to take corrective action within the time prescribed in the by notice, HUD may exercise any of its rights or remedies under the Contract, including abatement of housing assistance payments, even if the Family continues to occupy the unit.

    [42 88 FR 5603, Jan. 28, 1977, as amended at 43 FR 60157, Dec. 26, 197830500, May 11, 2023]