24 C.F.R. § 983.351
§ 983.351 PHA payment to owner for occupied unit. (24 CFR Part 983)
Operative Text
(a) When payments are made. (1) During the term of the HAP contract, the PHA shall make housing assistance payments to the owner in accordance with the terms of the HAP contract. The payments shall be made for the months during which a contract unit is leased to and actually occupied by an eligible family. (2) Except for discretionary vacancy payments in accordance with § 983.352, the PHA may not make any housing assistance payment to the owner for any month after the month when the family moves out of the unit (even if household goods or property are left in the unit). (b) Monthly payment. Each month, the PHA shall make a housing assistance payment to the owner for each contract unit that complies with the HQS and is leased to and occupied by an eligible family in accordance with the HAP contract. (c) Calculating amount of payment. The monthly housing assistance payment by the PHA to the owner for a contract unit leased to a family is the rent to owner minus the tenant rent (total tenant payment minus the utility allowance). (d) Prompt payment. The housing assistance payment by the PHA to the owner under the HAP contract must be paid to the owner on or about the first day of the month for which payment is due, unless the owner and the PHA agree on a later date. (e) Owner compliance with contract. To receive housing assistance payments in accordance with the HAP contract, the owner must comply with all the provisions of the HAP contract. Unless the owner complies with all the provisions of the HAP contract, the owner does not have a right to receive housing assistance payments.
Under 24 CFR Part 983 § 983.351, housing assistance payments (HAP) flow from a Public Housing Authority (PHA) to an owner only for months when an eligible family is actually living in the contract unit and the unit meets Housing Quality Standards (HQS). Once a family moves out, payments stop at the end of that move-out month, regardless of whether belongings remain in the unit. The monthly payment amount is calculated as the rent to owner minus the tenant's share, which is the total tenant payment reduced by any applicable utility allowance.
Plain English — not legal advice.
Under § 983.351, compliant operators in the Project-Based Voucher (PBV) program generally ensure that each contract unit continuously meets HQS and is occupied by an eligible family in order to receive monthly HAP payments. Payments are typically expected on or about the first of each month unless a different date has been mutually agreed upon with the PHA. Owners should also be aware that full compliance with all HAP contract provisions is a prerequisite for receiving any housing assistance payment — a lapse in compliance can affect the right to those funds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 983.351 establishes that the housing assistance payment covering part of your rent is tied to your actual occupancy of the unit and the unit's compliance with HQS, which means tenants have an interest in knowing whether their unit meets those standards. If a tenant believes the unit does not meet HQS or that payments are being misapplied, they may raise this as a concern with their local PHA or a tenant-rights organization familiar with the PBV program. Tenants can also review the terms of the HAP contract through the PHA to better understand how the rent-to-owner and tenant-rent calculation under § 983.351 affects what they owe each month.
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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