24 C.F.R. § 983.53
§ 983.53 Prohibition of assistance for units in subsidized housing. (24 CFR Part 983)
Operative Text
(a) Types of subsidized housing prohibited from receiving PBV assistance. A HAP contract must not be effective and no PBV assistance may be provided for any of the following: (1) A public housing dwelling unit; (2) A unit subsidized with any other form of Section 8 assistance (tenant-based or project-based); (3) A unit subsidized with any governmental rent subsidy (a subsidy that pays all or any part of the rent); (4) A unit subsidized with any governmental subsidy that covers all or any part of the operating costs of the housing; (5) A unit subsidized with rental assistance payments under Section 521 of the Housing Act of 1949, 42 U.S.C. 1490a (a Rural Housing Service Program). However, the PHA may attach assistance for a unit subsidized with Section 515 interest reduction payments (42 U.S.C. 1485); (6) A Section 202 project for non-elderly persons with disabilities (assistance under Section 162 of the Housing and Community Development Act of 1987, 12 U.S.C. 1701q note); (7) Section 811 project-based supportive housing for persons with disabilities (42 U.S.C. 8013); (8) Section 202 supportive housing for the elderly (12 U.S.C. 1701q); (9) A unit subsidized with any form of tenant-based rental assistance (as defined at 24 CFR 982.1(b)(2)) (e.g., a unit subsidized with tenant-based rental assistance under the HOME program, 42 U.S.C. 12701 et seq.); or (10) A unit with any other duplicative Federal, State, or local housing subsidy, as determined by HUD or by the PHA in accordance with HUD requirements. For this purpose, “housing subsidy” does not include the housing component of a welfare payment; a social security payment; or a Federal, State, or local tax concession (such as relief from local real property taxes). (b) [Reserved]
Under 24 CFR Part 983 § 983.53, a Project-Based Voucher (PBV) Housing Assistance Payment (HAP) contract cannot take effect, and no PBV assistance can be paid, for units that are already receiving another form of housing subsidy. This prohibition covers a broad range of overlapping subsidies, including public housing, other Section 8 programs, Rural Housing Service rental assistance, Section 202 and Section 811 programs, and any other duplicative federal, state, or local rent or operating-cost subsidy. Notably, the rule carves out certain items—such as welfare payments, Social Security payments, and property tax concessions—which are not treated as prohibited 'housing subsidies' for this purpose.
Plain English — not legal advice.
Property owners and managers operating under 24 CFR Part 983 § 983.53 generally ensure that any unit proposed for a PBV HAP contract is free of overlapping governmental rent subsidies, operating-cost subsidies, or other duplicative housing assistance before executing or renewing that contract. Compliant operators typically conduct a thorough review of each unit's existing subsidy status—including tenant-based assistance such as HOME program vouchers—and disclose any such subsidies to the Public Housing Authority (PHA) during the approval process. Operators should also be aware that while Section 515 interest reduction payments are a permitted exception, most other layered subsidies will disqualify a unit from PBV participation under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 983 § 983.53, tenants have an interest in knowing that a unit offered under a PBV HAP contract should not simultaneously carry another qualifying government housing subsidy, as such overlap is prohibited and could affect the validity of the assistance arrangement. If a tenant believes their unit may be improperly receiving duplicative subsidies—or that a HAP contract was executed in violation of this rule—they can raise the issue with the administering PHA, contact a local tenant-rights organization, or reach out to HUD directly. Tenants who receive Social Security, welfare payments, or benefit from property tax relief should be aware that those forms of support are explicitly excluded from the definition of prohibited 'housing subsidies' under this section.
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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