24 C.F.R. § 886.323
§ 886.323 Maintenance, operation, and inspections. (24 CFR Part 886)
Operative Text
(a) Maintain housing free of health and safety hazards. The Owner shall maintain and operate the project so as to be compliant with 24 CFR part 5, subpart G, and the Owner shall provide all the services, maintenance, and utilities which the Owner agrees to provide under the contract and the lease. Failure to do so shall be considered a material default under the contract and Regulatory Agreement, if any. (b) HUD inspection. Prior to execution of the contract, HUD shall inspect (or cause to be inspected) each proposed contract unit and related facilities to ensure that they comply with the requirements at 24 CFR part 5, subpart G. (c) Owner and family inspection. Prior to occupancy of any vacant unit by a Family, the Owner and the Family shall inspect the unit. The Owner shall certify that they have inspected the unit, and the owner shall certify that the unit is compliant with 24 CFR part 5, subpart G. Copies of these reports shall be kept on file by the owner for at least 3 years. (d) Periodic inspections. HUD will inspect the project (or cause it to be inspected) in accordance with the requirements in 24 CFR part 5, subpart G, and at such other times as HUD may determine to be necessary to assure that the owner is meeting the Owner's obligation to maintain the units and the related facilities in accordance with 24 CFR part 5, subpart G, and to provide the agreed-upon utilities and other services. (e) Failure to maintain housing. If HUD notifies the Owner that he/she has failed to maintain a unit that is compliant with 24 CFR part 5, subpart G, and the Owner fails to take corrective action within the time prescribed in the notice, HUD may exercise any of its rights or remedies under the Contract, or Regulatory Agreement, if any, including abatement of housing assistance payments (even if the Family continues to occupy the unit) and rescission of the sale. If the Family wishes to be rehoused in another unit, HUD shall provide assistance in finding such a unit for the Family.
Under 24 CFR Part 886 § 886.323, housing units covered by this program must be kept free of health and safety hazards and meet federal housing quality standards throughout the life of the contract. Inspections are required at multiple stages: before the contract is signed, before a family moves into any vacant unit, and periodically during the contract term. If an owner fails to correct identified deficiencies within the timeframe specified in a HUD notice, the agency may withhold housing assistance payments or take other contractual remedies, even while a family remains in the unit.
Plain English — not legal advice.
Operators subject to 24 CFR Part 886 § 886.323 generally maintain units in continuous compliance with HUD's housing quality standards under 24 CFR part 5, subpart G, and deliver all services, utilities, and maintenance promised in the contract and lease. A compliant operator conducts a joint move-in inspection with each incoming family before occupancy, certifies the unit's condition in writing, and retains those inspection records for a minimum of three years. When HUD issues a notice of deficiency, operators typically respond with documented corrective action within the prescribed timeframe to avoid consequences such as abatement of housing assistance payments or contract rescission.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 886 § 886.323, families have the right to occupy units that meet federal housing quality standards, and a joint inspection with the owner is required before move-in. If a unit falls out of compliance and the owner does not correct the problem after HUD notification, HUD has authority to withhold assistance payments and must help the family find alternative housing if the family wishes to relocate. Tenants who believe their unit has unresolved health or safety issues may contact their local HUD field office, raise the issue with a tenant-rights organization, or explore whether a violation of this provision is relevant to any pending 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.
Effective Timeline
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