24 C.F.R. § 92.3
§ 92.3 Applicability of 2025 regulatory changes. (24 CFR Part 92)
Operative Text
This part applies to projects based on when an income determination is made or when the HOME funds for the project were committed, as applicable. Projects where the HOME funds were committed before a certain date may be subject to previous versions of this part. This section provides instruction regarding which version of this part applies. (a) Effective date of this part as it exists on April 20, 2025. Except as described in this section, this part, as it exists on April 20, 2025 is applicable to projects for which HOME funds are committed on or after April 20, 2025. A participating jurisdiction must perform income determinations in accordance with § 92.203 after April 20, 2025. (b) One year compliance period. Participating jurisdictions are permitted to choose to continue to comply with the requirements of this part as they existed on April 19, 2025 for commitments made on or before April 20, 2026. (c) Delayed compliance date for income determinations. Participating jurisdictions are permitted to continue to comply with the income determination requirements in accordance with § 92.203 that the participating jurisdiction was implementing on April 19, 2025 until February 5, 2026, or longer as determined by HUD. (d) Applicability of this part as it exists on April 20, 2025 to prior agreements. A participating jurisdiction may choose to amend its written agreements for funds committed prior to April 20, 2025 to conform to the requirements of this part, except that: (1) Certain costs allowed to be reimbursable under § 92.206(d)(1) and (2), as effective April 20, 2025 may only be included in written agreements for projects if the participating jurisdiction committed the HOME funds for the project on or after April 20, 2025. (2) Requesting an increase in maximum per-unit subsidy in accordance with § 92.250(c) is only permitted for projects if the participating jurisdiction committed the HOME funds for the project on or after April 20, 2025. (3) Use of the revised dollar thresholds for the periods of affordability in §§ 92.252 and 92.254 is only permitted for projects if the participating jurisdiction committed the HOME funds for the project on or after April 20, 2025. (4) Tenant protections provided in § 92.253, including the tenancy addenda requirements in § 92.253(b) through (d), apply for rental housing projects if the participating jurisdiction committed the HOME funds for the project, entered into the rental assistance contract, or entered into an agreement to provide security deposit assistance on or after April 20, 2025. (5) The revisions to the roles of community housing development organizations in owning, developing, and sponsoring affordable housing in § 92.300 only apply if the participating jurisdiction committed the community housing development organization set-aside funds for the project on or after April 20, 2025. (e) The following table summarizes the information provided in this section: Table 1 to Paragraph (e)—Summary of Effective Dates and Compliance Deadlines 2025 Rule effective date April 20, 2025 Applicability Rule applies to projects for which HOME funds are committed on or after April 20, 2025. Compliance Date Participating jurisdictions must set compliance date: as early as April 20, 2025, and no later than April 20, 2026. Exceptions for Income Determinations Participating jurisdictions must set compliance date: as early as April 20, 2025, and no later than April 20, 2026. Participating jurisdictions may continue to calculate income in accordance with the provisions that were being implemented by the participating jurisdiction on April 19, 2025 until compliance date set by the participating jurisdiction, or longer as determined by HUD. Applicability Limitations Listed provisions are not applicable to commitments made to projects prior to April 20, 2025. Participating jurisdictions may not amend written agreements of projects with commitments existing prior to April 20, 2025 to incorporate any of the following provisions: § 92.206(d)(1) and (2). § 92.250(c). §§ 92.252 and 92.254. § 92.253. § 92.300.
Section 92.3 establishes which version of the HOME Investment Partnerships Program regulations applies to a given project, based primarily on when HOME funds were committed or when income determinations are made. The 2025 regulatory changes generally take effect for projects with HOME fund commitments on or after April 20, 2025, while projects committed earlier may remain under prior rules, with limited options to voluntarily adopt certain updated provisions. Transition periods allow participating jurisdictions flexibility on income determination methods through at least February 5, 2026, and on broader compliance through no later than April 20, 2026.
Plain English — not legal advice.
Property owners and developers working with HOME-funded projects should be aware that under § 92.3, the applicable regulatory framework depends on when the participating jurisdiction committed HOME funds to their project. Operators involved in projects committed on or after April 20, 2025 generally work within the updated 2025 rules, while those with earlier commitments should confirm with their participating jurisdiction which version governs their written agreements and which updated provisions, such as those in §§ 92.252, 92.253, and 92.300, may or may not be incorporated.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in HOME-assisted rental housing may find that the tenant protections under § 92.253—including tenancy addenda requirements—apply to their unit depending on when the participating jurisdiction committed HOME funds or entered into the relevant rental assistance contract, as governed by § 92.3. Tenants who believe updated protections should apply to their housing can inquire with their local participating jurisdiction, raise the applicability of § 92.3 if a dispute arises, or seek guidance from a tenant-rights organization familiar with HUD HOME program rules.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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