24 C.F.R. § 880.605
§ 880.605 Overcrowded and underoccupied units. (24 CFR Part 880)
Operative Text
If the contract administrator determines that because of change in family size an assisted unit is smaller than appropriate for the eligible family to which it is leased, or that the unit is larger than appropriate, housing assistance payments with respect to the unit will not be reduced or terminated until the eligible family has been relocated to an appropriate alternative unit. If possible, the owner will, as promptly as possible, offer the family an appropriate unit. The owner may receive vacancy payments for the vacated unit if he complies with the requirements of § 880.611.
Under § 880.605, when a contract administrator finds that a family's assisted unit no longer fits their size — whether too small or too large due to a change in household composition — housing assistance payments for that unit cannot be cut off or reduced until the family has actually moved to a better-fitting unit. The owner is expected to offer a suitable alternative unit as quickly as circumstances allow. Once the family vacates the mismatched unit, the owner may be eligible to receive vacancy payments for it, provided the conditions set out in § 880.611 are met.
Plain English — not legal advice.
Under § 880.605, compliant operators generally monitor changes in family size and respond promptly when a contract administrator flags a unit as overcrowded or underoccupied. A responsive owner makes an appropriately sized unit available to the affected family as quickly as possible, rather than waiting for the family to find alternatives on their own. Owners who follow the relocation process and meet the requirements of § 880.611 may be positioned to claim vacancy payments for the unit the family leaves behind.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 880.605 establishes that your housing assistance payments are protected — they cannot be reduced or terminated simply because your current unit is deemed too large or too small for your household — until you have actually been relocated to a unit of appropriate size. This means a change in family size does not automatically put your subsidy at risk while a suitable alternative is being arranged. Tenants who believe this protection is not being honored can raise the provision with their contract administrator, contact a local HUD office, or reach out to a tenant-rights organization for general guidance on available options.
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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