24 C.F.R. § 880.104
§ 880.104 Applicability of part 880. (24 CFR Part 880)
Operative Text
(a) Part 880, in effect as of November 5, 1979, applies to all proposals for which a notification of selection was not issued before the November 5, 1979 effective date of part 880. (See 24 CFR part 880, revised as of April 1, 1980.) Where a notification of selection was issued for a proposal before the November 5, 1979 effective date, part 880, in effect as of November 5, 1979, applies if the owner notified HUD within 60 calendar days that the owner wished the provisions of part 880, effective November 5, 1979, to apply and promptly brought the proposal into conformance. (b) Subparts E (Housing Assistance Payments Contract) and F (Management) of this part apply to all projects for which an Agreement was not executed before the November 5, 1979, effective date of part 880. Where an Agreement was so executed: (1) The owner and HUD may agree to make the revised subpart E of this part applicable and to execute appropriate amendments to the Agreement and/or Contract. (2) The owner and HUD may agree to make the revised subpart F of this part applicable (with or without the limitation on distributions) and to execute appropriate amendments to the Agreement and/or Contract. (c) Section 880.607 (Termination of tenancy and modification of leases) applies to all families. (d) Notwithstanding the provisions of paragraph (b) of this section, the provisions of 24 CFR part 5 apply to all projects, regardless of when an Agreement was executed.
Section 880.104 establishes which version of the federal Section 8 New Construction regulations (24 CFR Part 880) governs a given housing project, based on key milestone dates. Projects that had not yet received a notification of selection before November 5, 1979 are automatically subject to the post-1979 version of Part 880, while earlier-selected projects could opt in under certain conditions. Regardless of when a project's Agreement was executed, the tenant-protection provisions of 24 CFR Part 5 and the tenancy termination rules of § 880.607 apply universally to all projects and all families.
Plain English — not legal advice.
Operators and owners of Section 8 New Construction projects should be aware that § 880.104 determines which regulatory framework governs their specific project based on when a notification of selection or Agreement was executed relative to November 5, 1979. For projects with Agreements executed before that date, owners and HUD retain the ability to mutually agree to adopt the revised Subpart E or Subpart F provisions through appropriate amendments to the Agreement and/or Contract. Regardless of a project's vintage, compliant operators treat the requirements of 24 CFR Part 5 and § 880.607 as universally applicable, since § 880.104(c) and (d) impose those provisions on all projects without exception.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Section 8 New Construction housing should know that § 880.104(c) explicitly extends the tenancy termination and lease modification protections of § 880.607 to all families, regardless of when their project's Agreement was signed. Similarly, § 880.104(d) ensures that the baseline resident protections found in 24 CFR Part 5—which cover matters such as nondiscrimination and household composition rules—apply to every project. Tenants who believe these protections are not being honored may raise a potential violation with their local HUD field office, a HUD-approved housing counseling agency, or a tenant-rights organization familiar with federally assisted housing.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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