24 C.F.R. § 884.101
§ 884.101 Applicability and scope. (24 CFR Part 884)
Operative Text
(a) The policies and procedures in subparts A and B of this part apply to the making of Housing Assistance Payments on behalf of Eligible Families leasing newly constructed housing pursuant to the provisions of section 8 of the 1937 Act. They are applicable only to proposals submitted by the Department of Agriculture/Farmers Home Administration (now the Department of Agriculture/Rural Housing and Community Development Service) that have been charged against the set-aside of section 8 contract authority specifically established for projects to be funded under section 515 of title V of the Housing Act of 1949 (42 U.S.C. 1485). (b) For the purpose of these subparts A and B, “new construction” shall mean newly constructed housing for which, prior to the start of construction, an Agreement to Enter into Housing Assistance Payments Contract is executed between the Owner and HUD or a Public Housing Agency.
Section 884.101 establishes that the rules in subparts A and B of 24 CFR Part 884 govern Housing Assistance Payments made on behalf of eligible families who lease newly constructed housing under Section 8 of the Housing Act of 1937. Critically, these rules apply only to a narrow category of projects: those originally proposed through the U.S. Department of Agriculture's rural housing programs and funded against a specific set-aside of Section 8 contract authority tied to Section 515 of the Housing Act of 1949. The provision also defines 'new construction' for these subparts as housing for which a formal Agreement to Enter into a Housing Assistance Payments Contract was executed between the owner and HUD or a Public Housing Agency before construction began.
Plain English — not legal advice.
Property owners and managers involved in Section 515-funded rural housing projects should be aware that 24 CFR Part 884 § 884.101 sets the foundational scope for which projects fall under this regulatory framework. Compliant operators in this space generally ensure that the Agreement to Enter into a Housing Assistance Payments Contract with HUD or a Public Housing Agency is fully executed before breaking ground, as this timing is what qualifies a project as 'new construction' under these subparts. Operators also confirm that their project's funding traces to the specific USDA/Rural Housing and Community Development Service set-aside of Section 8 contract authority, since projects outside that narrow funding channel are not governed by subparts A and B.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in rural housing developments that receive Housing Assistance Payments under the framework described in 24 CFR Part 884 § 884.101 have rights tied to the Section 8 program as implemented through this specific USDA-linked funding structure. If a tenant believes their housing assistance is being administered inconsistently with the rules established under this provision, general enforcement paths include raising the issue with the local HUD field office, contacting a tenant-rights organization familiar with Section 8 rural housing programs, or consulting with a housing attorney. Understanding whether a particular property falls within the narrow scope of § 884.101 — specifically the USDA Section 515 funding set-aside — can be an important first step in determining which protections and procedures apply.
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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