24 C.F.R. § 882.411
§ 882.411 Payments for vacancies. (24 CFR Part 882)
Operative Text
(a) Vacancies from execution of Contract to initial occupancy. If a Contract unit which has been rehabilitated in accordance with this Program is not leased within 15 days of the effective date of the Contract, the Owner will be entitled to housing assistance payments in the amount of 80 percent of the Contract Rent for the unit for a vacancy period not exceeding 60 days from the effective date of the Contract, provided that the Owner (1) has complied with §§ 882.506(d) and 882.508(c); (2) has taken and continues to take all feasible actions to fill the vacancy; and (3) has not rejected any eligible applicant except for good cause acceptable to the PHA. (b) Vacancies after initial occupancy. (1) If an Eligible Family vacates its unit (other than as a result of action by the Owner which is in violation of the Lease or the Contract or any applicable law), the Owner may receive the housing assistance payments due under the Contract for so much of the month in which the Family vacates the unit as the unit remains vacant. Should the unit continue to remain vacant, the Owner may receive from the PHA a housing assistance payment in the amount of 80 percent of the Contract Rent for a vacancy period not exceeding an additional month. However, if the Owner collects any of the Family's share of the rent for this period, the payment must be reduced to an amount which, when added to the Family's payment, does not exceed 80 percent of the Contract Rent. Any such excess must be reimbursed by the Owner to the PHA. The Owner will not be entitled to any payment under this paragraph (b)(1) of this section unless the Owner: (i) Immediately upon learning of the vacancy, has notified the PHA of the vacancy or prospective vacancy, and (ii) has taken and continues to take all feasible actions specified in paragraphs (a) (2) and (3) of this section. (2) If the Owner evicts an Eligible Family, the Owner will not be entitled to any payment under paragraph (b)(1) of this section unless the PHA determines that the Owner complied with all requirements of the Contract. (c) Prohibition of double compensation for vacancies. The Owner will not be entitled to housing assistance payments with respect to vacant units under this section if the Owner is entitled to payments from other sources (for example, payments for losses of rental income incurred for holding units vacant for relocatees pursuant to Title I of the HCD Act of 1974 or payments for unpaid rent under § 882.414 (Security and Utility Deposits)).
Under 24 CFR Part 882 § 882.411, when a rehabilitated unit covered by a Section 8 Moderate Rehabilitation contract sits vacant, the rule establishes limited circumstances under which an owner may receive housing assistance payments at 80 percent of the Contract Rent during the vacancy period. These payments are available for up to 60 days before a unit is first occupied, and for up to roughly one additional month after a tenant moves out, subject to specific conditions being met. The rule also bars an owner from receiving vacancy payments under this section if compensation for the same vacancy is already available from another source, preventing double recovery.
Plain English — not legal advice.
Operators subject to 24 CFR Part 882 § 882.411 generally maintain eligibility for vacancy payments by promptly notifying the PHA as soon as a vacancy is known or anticipated, and by actively and continuously pursuing re-leasing without rejecting eligible applicants without good cause. Compliant owners also track any rent amounts collected from a departing family during a vacancy period, since those amounts must be factored into the 80-percent-of-Contract-Rent cap and any excess must be returned to the PHA. Owners who have evicted a family should be aware that vacancy payment eligibility in that scenario depends on a PHA determination that all contract requirements were followed, and that no vacancy payment under § 882.411 may be stacked on top of compensation received from other sources for the same unit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 882 § 882.411, the vacancy payment framework includes a built-in protection for tenants: an owner who vacates a unit through an eviction that violated the lease, the housing assistance contract, or applicable law is not entitled to the vacancy payments the rule would otherwise allow. Tenants who believe an owner has improperly received housing assistance payments—or who have concerns about how a vacancy or eviction was handled—can raise those concerns with the local PHA, which plays an oversight role under this provision. Tenant-rights organizations and legal aid offices can help individuals understand how § 882.411 interacts with lease and contract obligations in their housing program.
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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