24 C.F.R. § 983.3

Current through May 31, 2024

Section 983.3 - PBV definitions

(a)General. This section defines PBV terms used in this part. For administrative ease and convenience, those part 982 terms that are also used in this part are identified in this section. In limited cases, where there is a slight difference with the part 982 term, an annotation is made in this section.

(b)Definitions. The following definitions apply to this part:

Abatement. See 24 CFR 982.4 .

Administrative fee. See 24 CFR 982.4 .

Administrative fee reserve. See 24 CFR 982.4 .

Administrative Plan. See 24 CFR 982.4 .

Admission. The point when the family becomes a participant in the PHA's tenant-based or project-based voucher program. If the family is not already a tenant-based voucher participant, the date of admission for the project-based voucher program is the first day of the initial lease term (the commencement of the assisted tenancy) in the PBV unit. After admission, and so long as the family is continuously assisted with tenant-based or project-based voucher assistance from the PHA, a shift from tenant-based or project-based assistance to the other form of voucher assistance is not a new admission.

Agreement to enter into HAP contract (Agreement). A written contract between the PHA and the owner in the form prescribed by HUD. The Agreement defines requirements for development activity undertaken for units to be assisted under this section. When development is completed by the owner in accordance with the Agreement, the PHA enters into a HAP contract with the owner. The Agreement is not used for existing housing assisted under this section.

Applicant. A family that has applied for admission to the PBV program but is not yet a program participant.

Area where vouchers are difficult to use. An area where a voucher is difficult to use is:

(i) A census tract with a poverty rate of 20 percent or less, as determined by HUD;

(ii) A ZIP code area where the rental vacancy rate is less than 4 percent, as determined by HUD; or

(iii) A ZIP code area where 90 percent of the Small Area FMR is more than 110 percent of the metropolitan area or county FMR.

Assisted living facility. A residence facility (including a facility located in a larger multifamily property) that meets all the following criteria:

(i) The facility is licensed and regulated as an assisted living facility by the State, municipality, or other political subdivision;

(ii) The facility makes available supportive services to assist residents in carrying out activities of daily living; and

(iii) The facility provides separate dwelling units for residents and includes common rooms and other facilities appropriate and available to provide supportive services for the residents.

Authorized voucher units. See 24 CFR 982.4 .

Budget authority. See 24 CFR 982.4 .

Building. See 24 CFR 982.4 .

Comparable tenant-based rental assistance. A tenant-based subsidy to enable a family to obtain decent, safe, and sanitary housing in the PHA jurisdiction, which meets the following minimum requirements:

(i) The family's monthly payment is not more than 40 percent of the family's adjusted monthly gross income;

(ii) The rental assistance contains no limitation as to the length of time the family may receive the assistance;

(iii) The family is not required to be employed, to seek employment, or to participate in supportive services in order to receive the rental assistance; and

(iv) The family is able to use the rental assistance in one or more other PHAs' jurisdictions.

Congregate housing. See 24 CFR 982.4 .

Continuously assisted. See 24 CFR 982.4 .

Contract units. The housing units covered by a HAP contract.

Cooperative. See 24 CFR 982.4 .

Cooperative member. See 24 CFR 982.4 .

Covered housing provider. For the PBV program, "covered housing provider," as such term is used in HUD's regulations in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking) refers to the PHA or owner (as defined in 24 CFR 982.4 ), as applicable given the responsibilities of the covered housing provider as set forth in 24 CFR part 5, subpart L. For example, the PHA is the covered housing provider responsible for providing the notice of occupancy rights under VAWA and certification form described at 24 CFR 5.2005(a) . In addition, the owner is the covered housing provider that may choose to bifurcate a lease as described at 24 CFR 5.2009(a) , while the PHA is the covered housing provider responsible for complying with emergency transfer plan provisions at 24 CFR 5.2005(e) .

Development activity. New construction or rehabilitation work done after the proposal or project selection date in order for a newly constructed or rehabilitated housing project to be covered by a PBV HAP contract, including work done pursuant to a rider to the HAP contract in accordance with § 983.157 .

Excepted units. Units in a project not counted toward the project cap because they exclusively serve or are made available to certain families. See § 983.54(c)(2) .

Excluded units. Units in a project not counted toward the program cap or project cap because they meet certain criteria. See § 983.59 .

Existing housing. A project that meets the following criteria:

(i) All the proposed contract units in the project either fully comply or substantially comply with HQS on the proposal or project selection date, as determined per § 983.103(a) . (The units must fully comply with HQS at the time required by § 983.103(c) ). The units substantially comply with HQS if:

(A) The units only require repairs to current components or replacement of equipment and/or materials by items of substantially the same kind to correct deficiencies; and

(B) The PHA determines all deficiencies can reasonably be corrected within a 30-day period, taking into consideration the totality of the deficiencies in the project.

(ii) The PHA determines the project is not reasonably expected to require substantial improvement and the owner certifies it has no plans to undertake substantial improvement from the proposal submission date (for projects subject to competitive selection) or the project selection date (for projects excepted from competitive selection) through the first two years of the HAP contract.

Family. See 24 CFR 982.4 .

Family self-sufficiency program. See 24 CFR 982.4 .

Gross rent. See 24 CFR 982.4 .

Group home. See 24 CFR 982.4 .

HAP contract. See 24 CFR 982.4 .

Household. See 24 CFR 5.100 .

Housing assistance payment. The monthly assistance payment for a PBV unit by a PHA, which includes:

(i) A payment to the owner for rent to owner under the family's lease minus the tenant rent; and

(ii) An additional payment to or on behalf of the family, if the utility allowance exceeds the total tenant payment, in the amount of such excess.

Housing credit agency. For purposes of performing subsidy layering reviews for proposed PBV projects, a housing credit agency includes a State housing finance agency, a State participating jurisdiction under HUD's HOME program (see 24 CFR part 92 ), or other State housing agencies that meet the definition of "housing credit agency" as defined by Section 42 of the Internal Revenue Code of 1986.

Housing quality standards (HQS). The minimum quality standards developed by HUD in accordance with 24 CFR 5.703 for the PBV program, including any variations approved by HUD for the PHA under 24 CFR 5.705(a)(3) .

Independent entity. See 24 CFR 982.4 , except that the independent entity is subject to the requirements in § 983.57 (instead of 24 CFR 982.352(b) and 24 CFR 982.628(d) ) for the PBV program.

Initial rent to owner. See 24 CFR 982.4 .

In-place family. A family residing in a proposed contract unit on the proposal or project selection date.

Jurisdiction. See 24 CFR 982.4 .

Lease. See 24 CFR 982.4 .

Manufactured home. See 24 CFR 982.4 .

Multifamily building. A building with five or more dwelling units (assisted or unassisted).

Newly constructed housing. A project containing housing units that do not exist on the proposal or project selection date and are developed after the date of selection for use under the PBV program.

Owner. See 24 CFR 982.4 .

Partially assisted project. A project in which there are fewer contract units than residential units.

Participant. A family that has been admitted and is currently assisted in the PBV (or HCV) program. If the family is not already a tenant-based voucher participant, the family becomes a participant on the effective date of the initial lease term (the commencement of the assisted tenancy) in the PBV unit.

PHA Plan. See 24 CFR 982.4 .

PHA-owned unit. See 24 CFR 982.4 .

Premises. The project in which the contract unit is located, including common areas and grounds.

Program. The voucher program under Section 8 of the 1937 Act, including tenant-based or project-based assistance.

Program receipts. See 24 CFR 982.4 .

Project. A project can be a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land. "Contiguous" in this definition includes "adjacent to," as well as touching along a boundary or a point. A PHA may, in its Administrative Plan, establish the circumstances under which it will define a project as only one of the following: a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land.

Proposal or project selection date. See § 983.51(g) .

Public housing agency (PHA). See 24 CFR 982.4 .

Reasonable rent. See 24 CFR 982.4 .

Rehabilitated housing. A project which is developed for use under the PBV program, in which all proposed contract units exist on the proposal or project selection date, but which does not qualify as existing housing.

Rent to owner. The total monthly rent payable by the family and the PHA to the owner under the lease for a contract unit. Rent to owner includes payment for any housing services, maintenance, and utilities to be provided by the owner in accordance with the lease. (Rent to owner must not include charges for non-housing services including payment for food, furniture, or supportive services provided in accordance with the lease.)

Responsible entity (RE) (for environmental review). The unit of general local government within which the project is located that exercises land use responsibility or, if HUD determines this infeasible, the county or, if HUD determines that infeasible, the State.

Single-family building. A building with no more than four dwelling units (assisted or unassisted).

Single room occupancy housing (SRO). See 24 CFR 982.4 .

Site. The grounds where the contract units are located or will be located after development.

Small Area Fair Market Rents (SAFMRs). See 24 CFR 982.4 . (See also 24 CFR 888.113(c)(5) .)

Special housing type. Subpart M of 24 CFR part 982 states the special regulatory requirements for different special housing types. Subpart M provisions on shared housing, manufactured home space rental, and the homeownership option do not apply to PBV assistance under this part.

Subsidy standards. See 24 CFR 982.4 .

Substantial improvement. One of the following activities undertaken at a time beginning from the proposal submission date (for projects subject to competitive selection) or from the project selection date (for projects excepted from competitive selection), or undertaken during the term of the PBV HAP contract:

(i) Remodeling that alters the nature or type of housing units in a project;

(ii) Reconstruction; or

(iii) A substantial improvement in the quality or kind of equipment and materials. The replacement of equipment and/or materials rendered unsatisfactory because of normal wear and tear by items of substantially the same kind does not constitute substantial improvement.

Tenant. See 24 CFR 982.4 .

Tenant rent. The amount payable monthly by the family as rent to the unit owner, as described in § 983.353(b) . (See also 24 CFR 5.520(c)(1) ).

Tenant-paid utilities. See 24 CFR 982.4 .

Total tenant payment. See 24 CFR 5.628 .

Utility allowance. See 24 CFR 5.603 .

Utility reimbursement. See 24 CFR 5.603 .

Waiting list admission. An admission from the PHA- or owner-maintained PBV waiting list in accordance with § 983.251 .

Wrong-size unit. A unit occupied by a family that does not conform to the PHA's subsidy standard for family size, by being either too large or too small compared to the standard.

24 C.F.R. §983.3

70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36165, June 25, 2014; 81 FR 80818, Nov. 16, 2016; 88 FR 30504, May 11, 2023

81 FR 80818, 12/16/2016; 88 FR 30504, 10/1/2023; 89 FR 38305, 6/6/2024