HUD Housing Notice § 2013-24
Section 811 Project Rental Assistance (PRA) Occupancy Interim Notice (HUD Housing Notices)
Operative Text
I.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-8000
ASSISTANT SECRETARY FOR HOUSING-
FEDERAL HOUSING COMMISSIONER
Special Attention of: NOTICE: H 2013-24
Multifamily Hub Directors Issued: August 23, 2013
Multifamily Program Center Directors
Supervisory Housing Project Managers Expires: This notice remains in effect
Housing Project Managers until amended, revoked, or
Section 811 PRA Grantees superseded.
Section 811 PRA Owners
SUBJECT: Section 811 Project Rental Assistance (PRA) Occupancy Interim Notice
I) Applicability
The purpose of this Notice is to provide program occupancy guidance for the Section 811
Project Rental Assistance (PRA) program, as authorized under Section 811 of the
Cranston-Gonzalez National Affordable Housing Act of 1990, as amended by the Frank
Melville Supportive Housing Investment Act of 2010. The Section 811 PRA program is
designed to provide permanent supportive housing for extremely low-income persons
with disabilities receiving long term supports and services in the community. PRA funds
are provided to a Grantee which have a partnership with their state health and human
services/Medicaid agency as evidenced in an Inter-Agency Partnership Agreement. The
Grantees select projects which will receive rental operating assistance through PRA,
subject to a restriction whereby no more than 25% of the total number of dwelling units
in the multifamily housing project receive either PRA funds, are used for supportive
housing for persons with disabilities, or to which any occupancy preference for persons
with disabilities applies. The Section 811 PRA program guidelines are applicable only to
the Assisted Units, as defined below. Grantee and Owners must comply with these
guidelines without modification, unless approved by HUD.
The Grantee is responsible for ensuring Owners’ requirements as may be stated in the
811 PRA statutory authority, Section 811 PRA Notice of Funding Availability (NOFA),
Cooperative Agreement, including specific Owner requirements under the Program
Guidelines, Rental Assistance Contract (RAC), Use Agreement, Model Lease, and this
Notice are met at all times. Grantee agrees to pursue corrective action, including pursue
legal remedies, against Owners where appropriate.
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II) Definitions
A) Annual Income. As defined in 24 C.F.R. part 5.
B) Assisted Units. Assisted Units means units receiving funds pursuant to 42 U.S.C.
8013(b)(3)(A).
C) Contract Administrator. The Contract Administrator is the Grantee or the
Grantee’s designated entity.
D) Contract Rent. The total amount of rent specified in the Rental Assistance
Contract (RAC) as payable to the Owner for the Assisted Unit.
E) Decent, Safe, and Sanitary. Housing is decent, safe, and sanitary if it meets the
physical condition requirements in 24 CFR part 5, subpart G.
F) Eligible Families. Eligible Families shall have the same meaning as “Eligible
Tenant” as defined under these Program Guidelines.
G) Eligible Multifamily Properties. Eligible Multifamily Properties means existing,
new, or rehabilitated properties with at least 5 housing units owned by a private
nonprofit or for-profit entity. Development costs are paid from other public and
private sources and where a commitment has been made to the project for funds
such as : (i) Low Income Housing Tax Credits; or (ii) HOME Investment
Partnership Act funds or; (iii) any Federal, State or local government funds.
Public sources must not include Sections 202 and 811 Capital Advances.
Properties with existing use restrictions for persons with disabilities or persons
age 62 and older are not eligible.
H) Extremely Low Income Family. Extremely Low-Income Family means a
household whose annual income does not exceed 30 percent of the median
income for the area, as determined by HUD, with adjustments for smaller and
larger families, except that HUD may establish income ceilings higher or lower
than 30 percent of the median income for the area if HUD finds that such
variations are necessary because of unusually high or low family incomes.
HUD’s income exclusions, as defined under 24 CFR 5.609, apply in determining
income eligibility and Eligible Tenant’s rent.
I) Eligible Tenant. Eligible Tenant means an Extremely Low-Income Person with a
Disability, between the ages of 18 and 62 at the time of admission, and Extremely
Low Income Families, which includes at least one Person with a Disability, who
is between the ages of 18 and 62 at the time of admission. The Person with
Disabilities must be eligible for community-based, long-term services as provided
through Medicaid waivers, Medicaid state plan options, state funded services or
other appropriate services related to the target populations under the Inter-Agency
Partnership Agreement.
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J) Grantee. The applicant selected by HUD under a Section 811 Project Rental
Assistance (PRA) NOFA to administer the Section 811 PRA program, or any
successor program. Grantee shall be a state housing agency or other appropriate
entity, as approved by HUD.
K) HUD. Department of Housing and Urban Development.
L) Inter-Agency Partnership Agreement. The Inter-Agency Partnership Agreement
provides a formal structure for collaboration to participate in the state’s PRA Program
to develop permanent supportive housing for extremely low-income persons with
disabilities. This Partnership Agreement must include the Grantee and the state
agency that is charged with administering State Health and Human Services programs
and policies, and the State’s Medicaid programs. In states where the State Health and
Human Service Agency is not also the State Medicaid Agency, both agencies’
participation must be evidenced. The agreement must include: 1) detailed description
of the target population(s) to be served, 2) methods for outreach and referral, and 3) a
commitment to make appropriate services available for residents in PRA units in
multifamily properties. In the agreement, states must identify the available state
administered services and other appropriate services and describe how such services
will be made available to the tenants. Participation in any available supportive
services is voluntary.
M) Notice of Funding Availability (NOFA). NOFA shall mean the Section 811 PRA
competition to which the Grantee applied and was selected by HUD.
N) Owner. The nonprofit or for-profit entity which owns the Eligible Multifamily
Property.
O) Persons with Disabilities. Persons with Disabilities shall have the same meaning
as defined under 42 U.S.C. 8013(k)(2) and 24 CFR 891.305.
P) Project Rental Assistance Payment. The payment made by the Contract
Administrator to the Owner as provided in the Rental Assistance Contract (RAC).
Where the Assisted Unit is leased to an Eligible Tenant, the payment is the
difference between the Contract Rent and the Tenant Rent. An additional
payment is made to the Eligible Tenant when the Utility Allowance is greater than
the Total Tenant Payment. A vacancy payment may be made to the Owner when
an Assisted Unit is vacant, in accordance with the RAC.
Q) Rental Assistance Contract (RAC). The contract, as prescribed by HUD, entered
into between the Owner and the Contract Administrator which sets forth the rights
and duties of the parties with respect to the Assisted Units in the Eligible
Multifamily Property.
R) Tenant Rent. As defined in 24 C.F.R. part 5.
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S) Total Tenant Payment. As defined in 24 C.F.R. part 5.
T) Utility Allowance. As defined in 24 C.F.R. part 5.
U) Utility Reimbursement. As defined in 24 C.F.R. part 5.
III) Civil Rights and Nondiscrimination Requirements
Grantees and owners must comply with all applicable fair housing and civil rights
requirements in 24 C.F.R. § 5.105(a), including, but not limited to, the Fair Housing Act;
Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973;
Titles II and III of the American Disabilities Act, as applicable and Section 109 of the
Housing and Community Development Act of 1974.
Grantees and Owners must ensure the PRA program and the Assisted Units, respectively,
are open to all Eligible Families, regardless of sexual orientation, gender identity, or
marital status. For more information, see HUD’s equal access rules at 24 C.F.R. §§
5.100, 5.105(a)(2), 5.403 and HUD’s final rule published in the Federal Register at 77
Fed. Reg. 5662, “Equal Access to Housing in HUD Programs Regardless of Sexual
Orientation or Gender Identity.”
If the Eligible Multifamily Property is in a jurisdiction that has passed a law or laws
proscribing discrimination in housing based upon sexual orientation or gender identity, or
a law or laws proscribing discrimination in housing based on lawful source of income,
the Owner must comply with those laws of the jurisdiction in which the programs or
activities are conducted.
Grantees and Owners must ensure the PRA program is readily accessible to and usable by
individuals with disabilities and must grant reasonable accommodation requests in
accordance with Section 504, the Fair Housing Act, and the Americans with Disabilities
Act, and applicable program requirements, as applicable. For more information, see the
Joint Statement of the Department of Housing and Urban Development and the
Department of Justice, Reasonable Accommodations under the Fair Housing Act,
http://www.hud.gov/offices/fheo/library/huddojstatement.pdf.
Owners shall refer to HUD Handbook 4350.3 REV-1, Chapter 2 for guidance on civil
rights and nondiscrimination requirements. Title VI, Subtitle D of the Housing and
Community Development Act of 1992 (42 U.S.C. 13641) does not apply to the PRA
program.
IV) Owner Occupancy Requirements
Owners are required to follow all applicable requirements found in HUD Handbook
4350.3 REV-1, Housing Notices, regulations, and statutes. Applicable HUD Notices
relating to Owner occupancy requirements include but are not limited to:
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H 2013-06 Enterprise Income Verification (EIV) System
H 2012-26 Extension of Housing Notice 2011-25, Enterprise Income
Verification (EIV) & You Brochure – Requirements for
Distribution and Use
H 2012-22 Further Encouragement for O/As to Adopt Optional
Smoke-Free Housing Policies
H 2012-11 State Registered Lifetime Sex Offenders in Federally
Assisted Housing
H 2012-09 Supplemental Information to Application for Assistance
Regarding Identification of Family Member, Friend or
Other Persons or Organization Supportive of a Tenant
for Occupancy in HUD Assisted Housing
Note: The Violence Against Women Act Reauthorization of 2013 (VAWA)
applies to Eligible Tenants and may apply to non-Assisted Units,
depending on the funding source of those units. To the extent VAWA is
applicable to VAWA covered units, Owners must comply with this law.
Each section of this notice will identify paragraphs for which HUD Handbook 4350.3
REV-1 does not apply to the PRA program. All other requirements found in this
handbook must be followed by Owners and/or Grantees.
Because several requirements must be completed prior to tenant occupancy at the
property, it is important that Owners familiarize themselves with HUD Handbook 4350.3
REV-1, current HUD Notices, and regulations concurrent to signing their RAC.
A) Eligibility for Assistance and Occupancy
HUD Handbook 4350.3 REV-1, Chapter 3 identifies program requirements for
HUD Multifamily Housing properties. Unless identified in this section, PRA
properties must follow the requirements identified in Chapter 3 of HUD
Handbook 4350.3 REV-1. Paragraphs 3-12, 3-18, 3-19, and 3-20 do not apply to
the PRA program.
1) Program Eligibility
a. PRA Income Limits. The applicant family’s annual income must
not exceed the extremely low income limit as defined in Section
II.H above. Income limits are published annually at
www.huduser.org. The Exceptions to Income Limits in Section 8
projects found in paragraph 3-7 do not apply to the PRA program.
Owners are not permitted to admit over-income applicants (3-8).
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b. Students. Owners must determine a student’s eligibility for
assistance at move-in, initial, or annual recertification, and at the
time of an interim recertification if one of the changes reported is
that a household member is enrolled as a student at an institution of
higher education. See HUD Handbook 4350.3, REV-1, Paragraph
3-13.B for specific criteria for determining a student’s eligibility
and how to treat any financial assistance they may receive and
paragraph 3-33.B for verification of this eligibility.
2) Project Eligibility
Definition of Disability Used to Determine Eligibility into an Assisted Unit. Persons
with Disabilities shall have the same meaning as defined under 42 U.S.C.
§ 8013(k)(2) and 24 C.F.R. § 891.305.
B) Affirmative Marketing, Waiting List, and Tenant Selection
The Grantee is responsible for identifying the target populations, developing
methods for outreach, and referral and marketing, and maintaining waiting lists
for these assisted units as outlined in the Grantee’s Inter-Agency agreement and
NOFA application. The Grantee may assign these responsibilities to other
agencies or organization, however, the Grantee retains responsibility for ensuring
compliance with all program requirements, including fair housing and
nondiscrimination requirements.
The Grantee will conduct such activities in compliance with HUD Handbook
4350.3 REV-1, Chapters 2 and 4 (with exception of the affirmative marketing
requirement as the requirement is different for this program as described in the
next paragraph below) to ensure nondiscrimination as well as to affirmatively
further fair housing.
Grantees will be required to certify that they will affirmatively further fair
housing, and each grantee must establish an affirmative fair housing marketing
plan for its state PRA program and require other participating agencies and
owners to follow its plan when marketing PRA-assisted units. HUD will provide
further guidance on the required contents of marketing plans to successful
applicants.
C) Preapplication
The Grantee will ensure a complete record is maintained of those persons
applying to the program, those persons accepted for referral to Owners and those
persons not accepted for referral to Owners. Such documentation will include but
is not limited to applicant’s name, contact information, date of birth, social
security and /or Medicaid identification if available, living arrangement at the
time of application, date/time of application or indication of interest, date of
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determination of ineligibility for referral and reason, date of referral to Owner
whether housed or not, and if a person leaves the program, date in which the
person left the program and reason.
D) Determining Income and Calculating Rent
Owners must determine the amount of a family’s income before the family is
allowed to move into the Assisted Unit and at least annually thereafter. The
amount of assistance paid on behalf of the family is calculated using the family’s
annual income less allowable deductions. The Owner determines household’s
income using the requirements found at 24 C.F.R. § 5.609. HUD Handbook
4350.3 REV-1, Paragraphs 5-28, and 5-29, do not apply to the PRA program.
1) Owners must use of HUD’s EIV system as a third party source to verify tenant
employment and income information during mandatory reexaminations or
recertifications of family composition and income and to reduce administrative and
subsidy payment errors. Owners must obtain access to Multifamily Housing’s EIV
system within 90 days from signing the RAC. Owners must follow all EIV
requirements as identified in Multifamily Housing’s most current guidance
(currently Housing Notice 2013-06 Enterprise Income Verification (EIV) System).
2) Calculating the Tenant Contribution for Assisted Units shall be in accordance with
the requirements found in HUD Handbook 4350.3 REV-1, Paragraphs 5-25, 5-26, 5-
27, and 5-30.
Total Tenant Payment (TTP) is the amount a tenant is expected to contribute for rent
and utilities. TTP for PRA is based on the family’s income. Calculation of TTP is
the greater of the following:
a. 30% of monthly adjusted income;
b. 10% of monthly gross income;
c. Welfare rent (welfare recipients in as-paid localities only); or
d. $25 minimum rent
3) Tenant Rent is the portion of the TTP the tenant pays each month to the Owner for
rent. Tenant Rent is calculated by subtracting the utility allowance from the TTP. It
is possible for the Tenant Rent to be $0 if the utility allowance is greater than the
TTP. A utility reimbursement to the tenant must be provided if the utility allowance
is greater than the TTP.
4) Utility Allowances
The utility analysis methodology may vary between properties within the state’s
PRA program as approved by the Grantee. For determining the applicable utility
allowance, Grantees may use the utility analysis methodology applicable to the
financing or other rental assistance on non-PRA assisted units in an Eligible
Multifamily Property such as the (1) HUD Multifamily Housing Policy, (2)
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applicable Public housing Authority (PHA), (3) Rural Housing Services (RHS)
assisted property or a property that has tenants with RHS rental assistance payments,
or (4) as established by a State or local housing agency for financing programs on
the Eligible Multifamily Property such as HOME, LIHTC, state trust bonds, revenue
bonds, etc. If a Grantee is utilizing a utility analysis methodology different than
what is described above, the utility analysis methodology requires HUD
approval. The Grantee must provide HUD with the applicable utility analysis
methodology anticipated to be used for properties within the Grantee’s PRA
program prior to the execution of the Cooperative Agreement, and must be included
in each Rental Assistance Contract (RAC).
5) The Grantee must ensure that the Eligible Tenant’s income data is entered into
HUD’s Tenant Rental Assistance Certification System (TRACS). This process is
referenced further in Subsection G below.
E) Lease Requirements and Leasing Activities
Owners must follow the general lease requirements and leasing activities found in
HUD Handbook 4350.3 REV-1, Chapter 6 and also all specific requirements
relating to HUD’s Model Lease as prescribed for this program.
1) Term of Lease
The term of the initial lease of the Assisted Units will be for not less than one year.
In the case of a lease for a term of more than one year the Lease must contain a
provision permitting termination on 30 days advance written notice by the Eligible
Family after the expiration of the initial lease term.
2) Lease Form
Owners must use the HUD Model Lease.
3) Pets and Assistance Animals
Pets are allowed at Owners’ discretion. If Owners chooses to allow pets at the
property, the lease must be updated to include additional provisions for pets and the
Owner must create Pet Rules for the property. Pet rules, however, do not apply to
assistance animals as reasonable accommodations under the Fair Housing Act and
Section 504 of the Rehabilitation Act. For more, see HUD Handbook 4350.3 REV-
1, Chapter 2, Paragraph 2-44.
Pet rules do not apply to assistance animals needed as a reasonable accommodation
for a tenant or visitor with a disability. An assistance animal is not a pet. It is an
animal that works, provides assistance, or performs tasks for the benefit of a person
with a disability, or provides emotional support that alleviates one or more identified
symptoms or effects of a person's disability. For purposes of reasonable
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accommodation requests, neither the Fair Housing Act nor Section 504 requires an
assistance animal to be individually trained or certified. While dogs are the most
common type of assistance animal, other animals can also be assistance animals.
Housing providers are to evaluate a request for a reasonable accommodation to
possess an assistance animal in a dwelling using the general principles applicable to
all reasonable accommodation requests. For more information, see the Joint
Statement of the Department of Housing and Urban Development and the
Department of Justice, Reasonable Accommodations under the Fair Housing Act,
http://www.hud.gov/offices/fheo/library/huddojstatement.pdf, and FHEO Notice
2013-01,
http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-
01.pdf.
Lease provisions for pets are not found in the HUD Model Lease. Because of this,
the language below must be added to the Model Lease for Assisted Units. Instead of
modifying the Model Lease to include these pet provisions, Owners may attach a
Grantee-approved lease addendum that includes the same language below:
The TENANT is permitted to keep common household pets in his/her dwelling unit
(subject to the provisions in 24 CFR Part 5 and the pet rules promulgated under 24
CFR Part 5). Any pet rules promulgated by the LANDLORD are attached hereto
and incorporated hereby. The TENANT agrees to comply with these rules. A
violation of these rules may be grounds for removal of the pet or termination of the
TENANT's (pet Owner's) tenancy (or both), in accordance with the provisions of 24
CFR Part 5 and applicable regulations and State or local law. These regulations
include 24 CFR Part 5 (Evictions From Certain Subsidized and HUD Owned
Projects) and provisions governing the termination of tenancy under the rental
assistance payments and project assistance payments programs.
Note: The Part 5 Pet Rules do not apply to an animal used by a Tenant or
visitor that is needed as a reasonable accommodation for the Tenant or visitor’s
disability.
Optional: The LANDLORD may after reasonable notice to the TENANT and during
reasonable hours, enter and inspect the premises. Entry and inspection is permitted
only if the LANDLORD has received a signed, written complaint alleging (or the
LANDLORD has reasonable grounds to believe) that the conduct or condition of a
pet in the dwelling unit constitutes, under applicable State or local law, a nuisance or
a threat to the health or safety of the occupants of the project or other persons in the
community where the project is located.
If there is no State or local authority (or designated agent of such an authority)
authorized under applicable State or local law to remove a pet that becomes vicious,
displays symptoms of severe illness, or demonstrates other behavior that constitutes
an immediate threat to the health or safety of the tenancy as a whole, the
LANDLORD may enter the premises (if necessary), remove the pet, and take such
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action with respect to the pet as may be permissible under State and local law, which
may include placing it in a facility that will provide care and shelter for a period not
to exceed 30 days. The LANDLORD shall enter the premises and remove the pet or
take such other permissible action only if the LANDLORD requests the TENANT
(pet owner) to remove the pet from the project immediately, and the TENANT (pet
owner) refuses to do so, or if the LANDLORD is unable to contact the TENANT
(pet owner) to make a removal request. The cost of the animal care facility shall be
paid as provided in 24 CFR Part 5.
4) Modifying the Lease
Any modifications to the lease must be submitted to the Grantee for approval and
implemented according to the requirements in HUD Handbook 4350.3 REV-1,
Paragraph 6-12. Modifications made to the lease by HUD Headquarters does not
need Grantee approval, however, tenants must be given notice as outlined in HUD
Handbook 4350.3 REV-1, Paragraph 6-12.
5) Security Deposits
At the time of the initial execution of the lease, the Owner may collect a security
deposit from each family in an amount equal to one month's Total Tenant Payment
or $50, whichever is greater. The Eligible Family may pay the security deposit from
its own resources and/or other public sources. The Owner may collect the security
deposit on an installment basis.
The Owner must place the security deposits in a segregated, interest-bearing
account. The balance of this account must at all times be equal to the total amount
collected from the Eligible Family plus any accrued interest. The Owner must
comply with any applicable State and local laws concerning interest payments on
security deposits and return the security deposit to the family following the
requirements in HUD Handbook 4350.3 REV-1, Paragraph 6-18.
6) Charges in Addition to Rent
a. Late Payment of Rent
Owners cannot charge fees for late payment of rent for the
Assisted Units.
b. Pet Deposits. The pet rules may require tenants to pay a
refundable pet deposit, but apply only to those tenants who own or
keep cats or dogs in their units. This deposit is in addition to any
additional financial obligation generally imposed on tenants of the
property. The pet deposit must not exceed $300 and the initial
deposit cannot exceed $50 at the time the pet is brought onto the
premises. The pet rules must allow for gradual accumulation of
the remaining required deposit, not to exceed $10 per month until
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the deposit is reached, but not prevent a tenant to pay more than
$10 per month if he or she chooses to do so. Because pet rules do
not apply to assistance animals needed as a reasonable
accommodation for an individual with a disability, pet deposits
cannot be required for assistance animals. See HUD Handbook
4350.3 REV-1, Chapter 2, Paragraph 2-44, Section E, for
additional information.
c. Other Charges. As identified in HUD Handbook 4350.3 REV-1,
Paragraph 6-25.
F) Annual Recertification
Because a tenant’s income and family composition can change over time,
program requirements establish procedures for addressing these changes. Such
changes are examined and implemented through the recertification process.
Under program requirements, tenants have responsibilities for providing timely
information about these changes. Similarly, Owners have responsibilities for
promptly reviewing and verifying this information and for making changes in
assistance payments or tenant rent consistent with program requirements.
Additionally, when Owners receive approval from the Grantee for changes to the
gross rents for a property, there are several occupancy-related actions that Owners
must take. HUD Handbook 4350.3 REV-1, Chapter 7 describes these
requirements and procedures.
Annual Recertification
Owners must conduct a recertification of family income and composition at least
annually. Owners must then recompute the tenants’ rents and assistance
payments, if applicable, based on the information gathered. Owners do not have
to perform annual recertifications for individual tenants who are paying market
rent. Additionally, Owners must conduct interim recertifications as described in
HUD Handbook 4350.3 REV-1, Chapter 7.
G) Termination
Pursuant to the PRA program requirements and lease, termination of Project
Rental Assistance Payments occurs when a tenant is no longer eligible for subsidy
at the Assisted Unit. Tenants whose assistance is terminated may remain in the
unit but they must pay the market rent or other rent amount as may be required by
the Owner for the non-PRA unit.
A tenant’s refusal to participate in or accept services or a termination of service is
not a basis for lease termination.
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Owners must also consider reasonable accommodation requests by individuals
with disabilities in the eviction process.
Termination of tenancy is the first step in the eviction process. When terminating
the tenancy, the Owner gives the tenant notice to vacate the unit because of a
lease violation(s). A tenant who fails to vacate the unit after receiving notice
from the Owner may face judicial action initiated by the Owner to evict the
tenant. Only the Owner may terminate tenancy.
Owners are expected to enforce program requirements under the terms of the
lease and tenants are similarly expected to comply with the program requirements
established in the lease. Termination for reasons other than those permitted by
HUD is prohibited.
HUD Handbook 4350.3 REV-1, Chapter 8 outlines the requirements and
procedures concerning both termination of assistance and termination of tenancy.
Paragraph 8-7 does not apply to the PRA program.
If the Owner proposes to terminate a lease, the Owner must give the tenant
written notice of the proposed termination. For tenants with a disability, the
notice must be provided in a form accessible to the tenant. The manner of
servicing this notice must be in accordance with the provisions of state and local
law.
H) Subsidy Data Reporting
Chapter 9 of HUD Handbook 4350.3 REV-1 describes the requirements for
transmitting subsidy-related data to the TRACS. Data includes tenant data,
requests for payment of rental assistance, utility reimbursements, and special
claims. Paragraph 9-5.C, 9-11, 9-12, 9-13, 9-14, and 9-15 do not apply to the
PRA program.
1) Owner’s Monthly Requests for Payments
An Owner’s monthly request for payment must be made in accordance with the
requirements outlined in Section 2.4 of the RAC.
2) Utility Reimbursements
Funds covering the utility reimbursement are paid by the Grantee solely for the
purpose of making utility reimbursements. If the utility reimbursement is not
disbursed to the tenant or utility provider, the funds must be returned to the Grantee.
The Owner must provide the utility reimbursement to the tenant or utility provider
within 5 business days of receipt of the payment from the Grantee.
I) Special Claims for Vacancy
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1) Vacancies during Rent-up
Grantees can determine whether to include payment of vacancies in its PRA
program. If the Grantee decides to provide vacancy payments, for each Assisted
Unit that is not leased as of the effective date of the RAC, the Owner is entitled to
vacancy payments that may not exceed 80 percent of the contract rent for up to 60
days for each vacancy if the Grantee/Owner:
a. Commences and performs appropriate feasible actions to fill the
vacancy, consistent with Grantee’s PRA program and its marketing
plan to eligible families; and
b. Has not rejected any eligible applicant except for good cause.
2) Vacancies after rent up
If an eligible family vacates a unit and the Grantee program includes vacancy
payments, the Owner is entitled to rental assistance payments that may not exceed
80 percent of the Contract Rent for up to 60 days for each vacancy if the Owner:
a) Certify that it did not cause the vacancy by violating the lease, the RAC or
any applicable law;
b) Notified the Grantee of the vacancy or prospective vacancy and the
reasons for it immediately upon learning of the vacancy or prospective
vacancy;
c) Has fulfilled and continues to fulfill 1 and 2 below; and
1. Commence and perform appropriate feasible actions to fill the
vacancy, consistent with Grantee’s PRA program and its marketing
plan to eligible families; and
2. Has not rejected any eligible applicant, except for good cause
acceptable to the Grantee.
d) Certifies that any eviction resulting in a vacancy was carried out in
compliance with HUD requirements and state/local laws, including
providing reasonable accommodations.
J) Prohibition of Double Compensation for Vacancies
The Owner is not entitled to Project Rental Assistance Payments for vacant units
to the extent it can collect for the vacancy from other sources (such as security
deposits, other amounts collected from the Family, payments from the Grantee,
and governmental payments under other programs). If the Owner collects any of
the Family's share of the rent for a vacancy period in an amount which, when
added to the vacancy payment, results in more than the Contract Rent, the excess
must be reimbursed as HUD or Grantee directs.
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V) Information Collection
The information collection requirements contained in this document have been
approved by the Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control
numbers 2577-0157, 2577-0259, 2510-0011, 2501-0017, 2529-0043, 2535-0114,
2577-0270 and 2506-0171; however, the Department has submitted a new
information collection to combine the requirements and it is currently pending
OMB approval and assigned OMB control number 2502-New. In accordance
with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a
person is not required to respond to, a collection of information unless the
collection displays a currently valid OMB control number.
If you have any questions regarding this Notice, please contact Lessie Powell Evans at
(202) 402-3390.
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Housing Notice H 2013-24 establishes interim occupancy rules for the Section 811 Project Rental Assistance (PRA) program, which provides permanent supportive housing for extremely low-income persons with disabilities. The notice sets out eligibility criteria, rent calculation methods, lease requirements, civil rights obligations, and reporting procedures that govern how assisted units are administered. It applies to state-level Grantees and property Owners participating in the PRA program, and remains in effect until amended, revoked, or superseded by HUD.
Plain English — not legal advice.
Under Housing Notice H 2013-24, Owners of Section 811 PRA-assisted properties are expected to use HUD's Model Lease, obtain access to the Enterprise Income Verification (EIV) system within 90 days of signing the Rental Assistance Contract, and conduct annual recertifications of tenant income and family composition. Compliant operators maintain security deposits in segregated interest-bearing accounts, refrain from charging late fees on assisted units, and ensure that lease terminations are limited to grounds permitted by HUD. Owners are also required to grant reasonable accommodation requests in the eviction process and provide utility reimbursements to tenants or utility providers within five business days of receipt from the Grantee.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Housing Notice H 2013-24 establishes important protections for eligible tenants in Section 811 PRA-assisted units, including the right to a lease term of at least one year and the right to reasonable accommodations for disabilities throughout the tenancy and any eviction process. A tenant's refusal to participate in or accept supportive services cannot be used as a basis for lease termination under this notice, and terminations are only permitted on grounds approved by HUD. Tenants who believe their rights under H 2013-24 have been violated may contact their Grantee, reach out to HUD's Office of Fair Housing and Equal Opportunity, or consult a local tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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