24 C.F.R. § 882.803
§ 882.803 Project eligibility and other requirements. (24 CFR Part 882)
Operative Text
(a) Eligible and ineligible properties. (1) Except as otherwise provided in paragraph (a) of this section, housing suitable for moderate rehabilitation is eligible for inclusion under this program. Existing structures of various types may be appropriate for this program, including single family houses and multifamily structures. (2) Housing is not eligible for assistance under this program if it is receiving Federal funding for rental assistance or operating costs under other HUD programs. (3) Nursing homes and related facilities such as intermediate care or board and care homes; units within the grounds of penal, reformatory, medical, mental, and similar public or private institutions; and facilities providing continual psychiatric, medical, or nursing services are not eligible for assistance under this program. (4) No Section 8 assistance may be provided with respect to any unit occupied by an owner. (5) Housing located in the Coastal Barrier Resources System designated under the Coastal Barriers Resources Act is not eligible. (6) Single-sex facilities are allowable under this program, provided that the HA determines that because of the physical limitations or configuration of the facility, considerations of personal privacy require that the facility (or parts of the facility) be available only to members of a single sex. (b)(1) Physical condition standards. Section 882.404 applies to this program. (2) Site standards. (i) The site must be adequate in size, exposure, and contour to accommodate the number and type of units proposed; adequate utilities and streets must be available to service the site. (The existence of a private disposal system and private sanitary water supply for the site, approved in accordance with local law, may be considered adequate utilities.) (ii) The site must be suitable from the standpoint of facilitating and furthering full compliance with the applicable provisions of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4), title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601-19), E.O. 11063 (as amended by E.O. 12259; 3 CFR, 1959-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307), and HUD regulations issued pursuant thereto. (iii) The site must be accessible to social, recreational, educational, commercial, and health facilities, and other appropriate municipal facilities and services. (c) Financing. Section 882.405 applies to this program. (d) Relocation. Section 882.406 applies to a project assisted under this program. (e) HA-owned housing. (1) A unit that is owned by the HA that administers the assistance under the ACC (including a unit owned by an entity substantially controlled by the HA) may only be assisted if: (i) The unit is not ineligible under § 882.803(a); and (ii) HUD approves the base and contract rent calculations prior to execution of the Agreement and prior to execution of the HAP contract. (2) The HA as owner is subject to the same program requirements that apply to other owners in the program.
Section 882.803 establishes which properties can and cannot participate in the Section 8 Moderate Rehabilitation program. Broadly, most existing residential structures are eligible, but the rule carves out specific exclusions—such as properties already receiving other HUD rental or operating assistance, nursing and institutional care facilities, units occupied by their owners, and properties within the Coastal Barrier Resources System. Sites must also meet physical condition, utility, civil rights compliance, and community accessibility standards, and any housing owned by the administering Housing Authority faces additional HUD approval requirements before assistance can be provided.
Plain English — not legal advice.
Operators considering a property for the Section 8 Moderate Rehabilitation program under 24 CFR Part 882 § 882.803 generally confirm early that their property does not fall into any of the enumerated ineligible categories—such as concurrent HUD rental assistance, institutional use, or coastal barrier designation. Compliant operators also verify that the site meets the physical, utility, and accessibility standards described in § 882.803(b), and that no assisted unit will be occupied by an owner. Where a Housing Authority owns the property it seeks to assist, operators in that position ensure HUD reviews and approves rent calculations before executing either the Agreement or the HAP contract.
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 § 882.803, tenants living in properties participating in the Section 8 Moderate Rehabilitation program have an interest in knowing whether their building lawfully qualifies for that assistance, since ineligible properties are not entitled to program benefits. If a tenant has reason to believe a property does not meet the eligibility or site standards set out in § 882.803—for example, that it is also receiving other HUD rental assistance—that concern can generally be raised with the local Housing Authority or submitted as a complaint to HUD's regional office. Tenant-rights organizations familiar with federal housing programs can help residents understand how these eligibility rules intersect with their lease and assistance rights.
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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