24 C.F.R. § 891.813
§ 891.813 Eligible uses for assistance provided under this subpart. (24 CFR Part 891)
Operative Text
(a) Assistance under this subpart may be used to finance the construction, reconstruction, or rehabilitation of a structure or a portion of a structure; or the acquisition of a structure to be used as supportive housing for the elderly; or the acquisition of housing to be used as supportive housing for persons with disabilities. Such assistance may also cover the cost of real property acquisition, site improvement, conversion, demolition, relocation, and other expenses that the Secretary determines are necessary to expand the supply of supportive housing for the elderly and persons with disabilities. (b) Assistance under this subpart may not be used for excess amenities, as stated in § 891.120(c), or for Section 202 “prohibited facilities,” as stated in § 891.220. Such amenities or Section 202 prohibited facilities may be included in a mixed-finance development only if: (1) The amenities or prohibited facilities are not financed, maintained, or operated with funds provided under the Section 202 or Section 811 program; (2) The amenities or prohibited facilities are designed with appropriate safeguards for the residents' health and safety; and (3) The assisted residents are not required to use, participate in, or pay a fee for the use or maintenance of the amenities or prohibited facilities, although they are permitted to do so voluntarily. Any fee charged for the use, maintenance, or access to amenities or prohibited facilities by residents must be reasonable and affordable for all residents of the development. (c) Notwithstanding any other provision of this section, § 891.315 on “prohibited facilities” shall apply to mixed-finance developments containing units assisted under Section 811.
Under 24 CFR Part 891 § 891.813, federal assistance in this subpart can fund construction, reconstruction, rehabilitation, or acquisition of supportive housing for elderly persons or persons with disabilities, along with related costs such as site improvement, demolition, and relocation. However, the rule prohibits using these funds for excess amenities or Section 202 prohibited facilities. When such amenities or prohibited facilities appear in a mixed-finance development, they must be self-funded, meet health and safety standards, and cannot require assisted residents to use or pay for them—though voluntary participation with reasonable fees is permitted.
Plain English — not legal advice.
Operators of supportive housing projects funded under 24 CFR Part 891 § 891.813 generally ensure that Section 202 or Section 811 program funds are strictly segregated from any costs associated with excess amenities or prohibited facilities within a mixed-finance development. Compliant operators typically document that assisted residents face no mandatory fees or participation requirements for such amenities, while ensuring any voluntary fees charged are reasonable and affordable. For developments with Section 811-assisted units, operators also apply the prohibited-facilities standards found in § 891.315.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents living in supportive housing covered by 24 CFR Part 891 § 891.813 have a right not to be required to use, participate in, or pay fees for any excess amenities or prohibited facilities present in a mixed-finance development. If a resident believes they are being improperly charged or coerced into using such facilities, they may raise this as a potential violation with the property's management, contact a local HUD field office, or reach out to a tenant-rights organization for general guidance. Residents in Section 811-assisted units should also be aware that the additional protections under § 891.315 apply to their development.
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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