24 C.F.R. § 983.254
§ 983.254 Vacancies. (24 CFR Part 983)
Operative Text
(a) Filling vacant units. (1) The PHA and the owner must make reasonable good-faith efforts to minimize the likelihood and length of any vacancy in a contract unit. However, contract units in a rehabilitated housing project undergoing development activity after HAP contract execution that are not available for occupancy in accordance with § 983.157(e)(5) are not subject to this requirement. (i) If an owner-maintained waiting list is used, in accordance with § 983.251, the owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit and refer the family to the PHA for final eligibility determination. The PHA must make every reasonable effort to make such final eligibility determination within 30 calendar days. (ii) If a PHA-maintained waiting list is used, in accordance with § 983.251, the owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit, and the PHA must, after receiving the owner notice, make every reasonable effort to promptly refer a sufficient number of families for the owner to fill such vacancies within 30 calendar days. (2) The owner must lease vacant contract units only to families determined eligible by the PHA. (b) Reducing number of contract units. If any contract units have been vacant for a period of 120 days or more since owner notice of vacancy, as required in paragraph (a) of this section, and notwithstanding the reasonable good-faith efforts of the PHA and the owner to fill such vacancies, the PHA may give notice to the owner amending the HAP contract to reduce the number of contract units by subtracting the number of contract units (by number of bedrooms) that have been vacant for such period.
Under 24 CFR Part 983 § 983.254, both the public housing authority (PHA) and the property owner share a duty to actively work toward keeping subsidized contract units occupied, minimizing both the chance and duration of vacancies. Depending on whether a waiting list is maintained by the owner or the PHA, specific notification and referral timelines apply, generally targeting final eligibility determinations or family referrals within 30 calendar days of a vacancy notice. If a contract unit remains vacant for 120 or more days after the owner's required notice—despite good-faith efforts by both parties—the PHA has the authority to formally amend the HAP contract by reducing the total number of contract units to reflect those long-term vacancies.
Plain English — not legal advice.
Under § 983.254, compliant operators promptly notify the PHA of any actual or anticipated vacancy in a contract unit, regardless of whether an owner-maintained or PHA-maintained waiting list is in use. Owners who use their own waiting lists also refer prospective families to the PHA for final eligibility determinations, while those relying on a PHA-maintained list coordinate closely to facilitate timely referrals. Operators are generally attentive to the 120-day vacancy threshold established in § 983.254(b), since extended vacancies can trigger a HAP contract amendment that permanently reduces the number of subsidized units in the project.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 983.254 establishes that families seeking to occupy a Project-Based Voucher contract unit must be determined eligible by the PHA before an owner may lease to them, providing a procedural safeguard in the placement process. If a family believes proper referral or eligibility-determination procedures under § 983.254 were not followed—such as unreasonable delays beyond the 30-calendar-day timeframes—they may raise that concern with the local PHA or a tenant-rights organization familiar with federal housing assistance programs. Tenants and applicants who encounter difficulties navigating these processes can also consult HUD's regional offices or local legal aid organizations for general information about their rights under this provision.
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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