24 C.F.R. § 881.104
§ 881.104 Applicability of part 881. (24 CFR Part 881)
Operative Text
(a) Part 881, in effect as of February 20, 1980, applies to all proposals for which a notification of selection was not issued before the February 20, 1980 effective date of part 881. (See 24 CFR part 881, revised as of April 1, 1980). Where a notification of selection was issued for a proposal before the February 20, 1980, effective date, part 881 in effect as of February 20, 1980 applies if the owner notified HUD within 60 calendar days that the owner wished the provisions of part 881, effective February 20, 1980, 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 February 20, 1980, effective date of part 881. 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 881.607 (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 881.104 establishes which version of the federal Section 8 new construction and substantial rehabilitation regulations (24 CFR Part 881) governs a given housing project, based on key milestone dates. Projects that had not yet received a notification of selection before February 20, 1980 are automatically subject to the rules as revised on that date, while earlier-selected projects could opt into the revised rules if the owner notified HUD within 60 days and brought the proposal into conformance. Certain provisions—specifically the Housing Assistance Payments Contract and Management subparts—apply based on whether an Agreement was executed before that same date, though the tenancy termination rules under § 881.607 and the baseline requirements of 24 CFR Part 5 apply universally to all projects and families regardless of timing.
Plain English — not legal advice.
Operators and owners of projects governed by 24 CFR Part 881 § 881.104 should be aware that the version of Part 881 applicable to their project depends on when their notification of selection or Agreement was issued or executed relative to February 20, 1980. For projects with Agreements executed before that date, compliant operators have worked with HUD to determine whether to adopt the revised Subpart E or Subpart F provisions through appropriate amendments. Regardless of which version of Part 881 otherwise applies, operators of all projects remain subject to the tenancy termination and lease modification rules of § 881.607 and the across-the-board requirements of 24 CFR Part 5.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 881.104, residents living in projects covered by 24 CFR Part 881 have the benefit of certain protections that apply universally, no matter when the project's Agreement was signed. Specifically, the tenancy termination and lease modification standards of § 881.607 apply to all families, and the foundational tenant protections of 24 CFR Part 5 apply to all projects. Tenants who believe these provisions are not being honored may raise a potential violation with their local HUD field office, consult a tenant-rights organization familiar with federally assisted housing, or explore whether the issue can be raised as a defense in any relevant proceeding.
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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