Federal Register - January 13, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Proposed Rules e Correction of deficiencies. If an inspection reveals one or more deficiencies that prevent the housing from meeting the requirements in this section, ESG funds must not be used under 24 CFR 576.105 or 576.106 with respect to that housing unless the owner corrects the deficiencies within 30 days from the date of the initial inspection and the recipient or subrecipient verifies that all deficiencies have been corrected.
f Rental arrears. Housing for which rental arrears are paid is only subject to the requirements in this section, if a program participant is seeking to stay in that housing.
any deficiencies within 30 days from the date of the initial inspection and the recipient or subrecipient verifies that all deficiencies have been corrected.
2 Recipients or subrecipients must inspect all units at least annually during the grant period to ensure that the units continue to meet 24 CFR 5.703.
3 The requirements in 24 CFR
5.7055.713 do not apply.
PART 880SECTION 8 HOUSING
ASSISTANCE PAYMENTS PROGRAM
FOR NEW CONSTRUCTION
19. The authority for 24 CFR part 880
continues to read as follows:
PART 578PROGRAM
REQUIREMENTS
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535d, 12701, and 1361113619.
17. The authority for 24 CFR part 578
continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701x1; 42
U.S.C. 11381 et seq., 42 U.S.C. 3535d.
880.612
period.
18. In 578.75, revise paragraph b to read as follows:
578.75
General operations.
b Housing standards. Housing leased with Continuum of Care program funds, or for which rental assistance payments are made with Continuum of Care program funds, must meet the applicable standards under 5.703 of this title. For housing that is occupied by program participants receiving tenantbased rental assistance, 24 CFR part 35, subparts A, B, M, and R apply. For housing rehabilitated with funds under this part, the lead-based paint requirements in 24 CFR part 35, subparts A, B, J, and R apply. For housing that receives project-based or sponsor-based rental assistance, 24 CFR
part 35, subparts A, B, H, and R apply.
For residential property for which funds under this part are used for acquisition, leasing, services, or operating costs, 24
CFR part 35, subparts A, B, K, and R
apply. Additionally, for tenant-based rental assistance, for leasing of individual units, and for sponsor based rental assistance where not all units in a structure are or will be assisted, the standards apply only to the unit itself, and to the means of ingress and egress from the unit to the public way and to the buildings common areas.
1 Before any assistance will be provided on behalf of a program participant, the recipient, or subrecipient, must physically inspect each unit to assure that the unit meets 24 CFR 5.703. Assistance will not be provided for units that fail to meet 24
CFR 5.703, unless the owner corrects
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20. In 880.612, revise paragraph a to read as follows:
Reviews during management
a After the effective date of the Contract, the contract administrator will inspect the project and review its operation at least annually to determine whether the owner is in compliance with the Contract and the assisted units comply with the standards under part 5, subpart G of this title.
PART 882SECTION 8 MODERATE
REHABILITATION PROGRAMS
21. The authority for 24 CFR part 882
continues to read as follows:
Authority: 42 U.S.C. 1437f and 3535d.
882.404
Amended
22. In 882.404, remove paragraph d.
23. In 882.516, revise paragraphs b, c and e to read as follows:
882.516 Maintenance, operation and inspections.
b Periodic inspection. In addition to the inspections required prior to execution of the Contract, the PHA must inspect or cause to be inspected each unit under Contract in accordance with the standards under part 5, subpart G of this title at least annually and at such other times as may be necessary to assure that the Owner is meeting the obligations to maintain the units so they are compliant with part 5, subpart G of this title, and to provide the agreed upon utilities and other services. The PHA must take into account complaints and any other information coming to its attention in scheduling inspections.
c Units with health and safety hazards. If the PHA notifies the Owner
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that the units under Contract are not being maintained in compliance with the standards under part 5, subpart G of this title and the Owner fails to take corrective action including corrective action with respect to the Family where the condition of the unit is the fault of the Family within the time prescribed in the notice, the PHA may exercise any of its rights or remedies under the Contract, including abatement of housing assistance payments even if the Family continues in occupancy, termination of the Contract on the affected units and assistance to the Family in accordance with 882.514e.
e Periodic reviews. Periodic PHA
audits must be conducted as required by HUD, in accordance with 2 CFR part 200, subpart F.
PART 884SECTION 8 HOUSING
ASSISTANCE PAYMENTS PROGRAM, NEW CONSTRUCTION SET-ASIDE FOR
SECTION 515 RURAL RENTAL
HOUSING PROJECTS
24. The authority for 24 CFR part 884
continues to read as follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535d, and 1361113619.
25. Revise 884.217 to read as follows:
884.217 Maintenance, operation and inspections.
a Maintenance and operation. The Owner shall maintain and operate the project consistent with part 5, subpart G
of this title, and shall provide all the services, maintenance and utilities which the Owner agrees to provide under the Contract, subject to abatement of housing assistance payments or other applicable remedies if he 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 forms prescribed by HUD, that they have inspected the unit and have determined it to be compliant with part 5, subpart G of this title and the criteria provided in the prescribed forms.
Copies of these reports shall be kept on file by the Owner for at least 3 years, and may be required to be electronically submitted to HUD.
c Periodic inspections. HUD or the PHA, as appropriate will inspect or cause to be inspected each Contract unit and related facilities in accordance with the physical inspection requirements in part 5, subpart G of this title, and at such other times including prior to initial occupancy and renting of any unit as HUD or the PHA may
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