24 C.F.R. § 982.641

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.

24 C.F.R. §982.641

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
89 FR 38304, 6/6/2024