24 C.F.R. § 888.410
§ 888.410 Notice of eligibility requirements for retroactive payments. (24 CFR Part 888)
Operative Text
(a) Notice of eligibility requirements. PHAs will give written notice to all current owners of projects, for which they are the Contract Administrators, of the eligibility requirements for retroactive payments. Eligible project owners must make a request for payment or a request for a one-time contract determination within 60 days from the date of the notice. (b) Request for payment. (1) Owners eligible for retroactive payments under § 888.401(c) must submit a request for a calculation of the total rent adjustments and the establishment of the amount of the retroactive payment, as described in § 888.401 (a) and (b), and documentation of the occupancy rate for the period from October 1, 1979 to May 31, 1991, if available. (2) Owners claiming eligibility under § 888.401(c)(2) must certify that a request was not made because of an anticipated reduction in the Contract Rents as a result of a comparability study. The certification must contain the year or years upon which the request for payment is based and a statement of the basis for the belief that rents would have been reduced. (3) Retroactive payments will be made to owners over a three-year period as funds are appropriated for that purpose. When funds are available for payment, HUD will publish a Federal Register Notice containing procedures for claiming payments. (c) Request for one-time contract rent determination. When making a request for payment, eligible owners may also request a one-time contract rent determination, as described in § 888.420. Eligible owners may request a one-time contract rent determination even if they choose to forgo receiving retroactive payments, provided they are eligible for retroactive payments. (d) Transfer of ownership since October 1, 1979. Eligible owners requesting retroactive payments must certify that they are entitled to the entire amount of the payment. Any owner who is unable to certify must present documentation of an agreement between the current and former owners of the proportionate share of the payment for which each is eligible.
Section 888.410 establishes the process by which Public Housing Authorities (PHAs) notify project owners about eligibility for retroactive rent adjustment payments under the Section 8 program. Once a PHA issues written notice, project owners have a 60-day window to submit a request for retroactive payment, a one-time contract rent determination, or both. Retroactive payments, when funds are appropriated, are distributed over a three-year period, with HUD publishing Federal Register notices to announce when and how payments may be claimed. Owners whose projects changed hands after October 1, 1979, must account for how the payment is divided between current and former owners.
Plain English — not legal advice.
Under 24 CFR Part 888 § 888.410, compliant operators generally act promptly upon receiving written notice from their PHA, taking care to submit any request for retroactive payment or one-time contract rent determination within the 60-day deadline stated in the notice. Operators eligible under § 888.401(c)(2) — those who previously did not request adjustments due to anticipated comparability-study reductions — typically prepare a certification identifying the relevant years and the basis for that belief. Where ownership has changed since October 1, 1979, operators generally document any agreement with former owners regarding the proportionate share of any retroactive payment, since a certification of entitlement to the full amount is required absent such documentation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While 24 CFR Part 888 § 888.410 primarily governs the relationship between PHAs and project owners, it is part of the broader Section 8 rent-adjustment framework that can affect the contract rents charged in a tenant's building. Tenants living in projects subject to these retroactive payment processes may find it useful to understand that their building's contract rents could be affected by determinations made under this provision. Tenants with questions about how rent adjustments under § 888.410 may affect their housing situation can reach out to their local PHA, a HUD-approved housing counseling agency, or a tenant-rights organization for general information.
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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