§ 983.260. Overcrowded, under-occupied, and accessible units.
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/us/cfr/t24/s§ 983.260·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Family occupancy of wrong-size or accessible unit.
(1)The PHA subsidy standards determine the appropriate unit size for the family size and composition.
(2)If the PHA determines that a family is occupying a wrong-size unit, or a unit with accessibility features that the family does not require and the unit is needed by a family that requires the accessibility features (see 24 CFR 8.27), the PHA must:
(i)Within 30 days from the PHA's determination, notify the family and the owner of this determination; and
(ii)Within 60 days from the PHA's determination, offer the family continued housing assistance, pursuant to paragraph
(b)of this section.
(b)PHA offer of continued assistance.
(1)The PHA policy on continued housing assistance must be stated in the Administrative Plan and may be in the form of:
(i)PBV assistance in an appropriate-size unit (in the same project or in another project);
(ii)Other project-based housing assistance (e.g., by occupancy of a public housing unit);
(iii)Tenant-based rental assistance under the voucher program; or
(iv)Other comparable tenant-based rental assistance.
(2)If no continued housing assistance as described in paragraph (b)(1) of this section is available, the PHA must remove the wrong-size or accessible unit from the HAP contract to make voucher assistance available to issue the family a tenant-based voucher. Section 983.206(b) does not apply to families issued a tenant-based voucher under the circumstance described in this paragraph (b)(2).
(c)PHA termination of housing assistance payments.
(1)If the PHA offers the family the opportunity to receive tenant-based rental assistance under the voucher program in accordance with paragraph (b)(1) of this section:
(i)The PHA must terminate the housing assistance payments for a wrong-sized or accessible unit at the earlier of the expiration of the term of the family's voucher (including any extension granted by the PHA) or the date upon which the family vacates the unit.
(ii)If the family does not move out of the wrong-sized unit or accessible unit by the expiration date of the term of the family's voucher, the PHA must remove the unit from the HAP contract.
(2)If the PHA offers the family another form of continued housing assistance (other than tenant-based rental assistance under the voucher program), in accordance with paragraph (b)(1) of this section, the PHA must terminate the housing assistance payments for the wrong-sized or accessible unit and remove the unit from the HAP contract when:
(i)In the case of an offer by the PHA of PBV assistance or other project-based housing assistance in an appropriate-size unit, the family does not accept the offer and does not move out of the PBV unit within a reasonable time as determined by the PHA, not to exceed 90 days. The family may request and the PHA may grant one extension not to exceed up to an additional 90 days to accommodate the family's efforts to locate affordable, safe, and geographically proximate replacement housing.
(ii)In the case of an offer by the PHA of PBV assistance or other project-based housing assistance in an appropriate size unit, the family accepts the offer but does not move out of the PBV unit within a reasonable time as determined by the PHA, not to exceed 90 days.
(iii)In the case of an offer by the PHA of other comparable tenant-based rental assistance, the family either accepts or does not accept the offer but does not move out of the PBV unit within a reasonable time as determined by the PHA, not to exceed 90 days. The family may request and the PHA may grant one extension not to exceed up to an additional 90 days to accommodate the family's efforts to locate, affordable, safe, and geographically proximate replacement housing.
(d)Reinstatement. The PHA may reinstate a unit removed under paragraph (b)(2), (c)(1)(ii), or (c)(2) of this section to the HAP contract after the family vacates the property, in accordance with § 983.207(b). \[89 FR 38334, May 7, 2024, as amended at 90 FR 56689, Dec. 8, 2025\]
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