Current through September 30, 2024
Section 982.641 - Homeownership option: Applicability of other requirements(a)General. The following types of provisions (located in other subparts of this part) do not apply to assistance under the homeownership option:(1) Any provisions concerning the Section 8 owner or the HAP contract between the PHA and owner;(2) Any provisions concerning the assisted tenancy or the lease between the family and the owner;(3) Any provisions concerning PHA approval of the assisted tenancy;(4) Any provisions concerning rent to owner or reasonable rent; and(5) Any provisions concerning the issuance or term of voucher.(b)Subpart G requirements. The following provisions of subpart G of this part do not apply to assistance under the homeownership option: (1) Section 982.302 (Issuance of voucher; Requesting PHA approval of assisted tenancy);(2) Section 982.303 (Term of voucher);(3) Section 982.305 (PHA approval of assisted tenancy);(4) Section 982.306 (PHA disapproval of owner) (except that a PHA may disapprove a seller for any reason described in paragraph (c), see § 982.631(d) ).(5) Section 982.307 (Tenant screening);(6) Section 982.308 (Lease and tenancy);(7) Section 982.309 (Term of assisted tenancy);(8) Section 982.310 (Owner termination of tenancy);(9) Section 982.311 (When assistance is paid) (except that § 982.311(c)(3) is applicable to assistance under the homeownership option);(10) Section 982.313 (Security deposit: Amounts owed by tenant); and(11) Section 982.354 (Move with continued tenant-based assistance).(c)Subpart H requirements. The following provisions of subpart H of this part do not apply to assistance under the homeownership option: (1) Section 982.352(a)(6) (Prohibition of owner-occupied assisted unit);(2) Section 982.352(b) (PHA-owned housing); and(3) Those provisions of § 982.353 (Where family can lease a unit with tenant-based assistance) and § 982.355 (Portability: Administration by receiving PHA) that are inapplicable per § 982.636 ;(d)Subpart I requirements. The following provisions of subpart I of this part do not apply to assistance under the homeownership option: (1) Section 982.403 (Terminating HAP contract when unit is too small);(2) Section 982.404 (Maintenance: Owner and family responsibility; PHA remedies);(3) Section 982.405 (PHA unit inspection); and(4) Section 982.406 (Use of alternative inspections).(e)Subpart J requirements. The requirements of subpart J of this part (Housing Assistance Payments Contract and Owner Responsibility) (§§ 982.451-456 ) do not apply to assistance under the homeownership option.(f)Subpart K requirements. Except for those sections listed below, the requirements of subpart K of this part (Rent and Housing Assistance Payment) (§§ 982.501-521 ) do not apply to assistance under the homeownership option: (1) Section 982.503 (Voucher tenancy: Payment standard amount and schedule);(2) Section 982.516 (Family income and composition: Regular and interim reexaminations); and(3) Section 982.517 (Utility allowance schedule), except that § 982.517(d) does not apply because the utility allowance is always based on the size of the home bought by the family with homeownership assistance.(g)Subpart L requirements. The following provisions of subpart L of this part do not apply to assistance under the homeownership option: (1) Section 982.551(c) (HQS breach caused by family);(2) Section 982.551(d) (Allowing PHA inspection);(3) Section 982.551(e) (Violation of lease);(4) Section 982.551(g) (Owner eviction notice); and(5) Section 982.551(j) (Interest in unit).(h)Subpart M requirements. The following provisions of subpart M of this part do not apply to assistance under the homeownership option: (1) Sections 982.602-982 .619; and(2) Sections 982.622-982 .624.65 FR 55163, Sept. 12, 2000, as amended at 67 FR 64494, Oct. 18, 2002; 80 FR 8247, Feb. 17, 2015; 80 FR 50575, Aug. 20, 2015