Cal. Civ. Code § 0770-03-01-.11

PAYMENTS FOR VACANCIES.

In Force
Verified 10/12/2026 · Next check 10/19/2026
effective 10/12/2026TennesseeSection 8 Project-Based

Operative Text

Cal. Civ. Code § 0770-03-01-.11
(1) Vacancies from Execution of Contract to Initial Occupancy. If a Contract unit which has been
rehabilitated in accordance with the Program is not leased within 15 days of the effective date of the
Contract, the Owner will be entitled to housing assistance payments in the amount of 80 percent of the
Contract Rent for the unit for a period not exceeding 60 days from the effective date of the Contract,
provided that the Owner.

(a) has complied with these regulations;

(b) has taken and continues to take all feasible actions to fill the vacancy; and

(c) has not rejected any eligible applicant except for good cause acceptable to the Agency.

(2) Vacancies after Initial Occupancy.

(a) If an Eligible Family vacates its unit (other than as a result of action by the Owner which is in
violation of the Lease or the Contract or any applicable law), the Owner may receive the housing

assistance payments due under the Contract for so much of the month in which the Family
vacates the unit as the unit remains vacant. Should the unit continue to remain vacant, the Owner
may receive from the Agency a housing assistance payment in the amount of 80 percent of the
Contract Rent for a vacancy period not exceeding an additional month. However, if the Owner
collects any of the Family’s share of the rent for this period, the payment must be reduced to an
amount which, when added to the Family’s payments, does not exceed 80 percent of the
Contract Rent. Any such excess must be reimbursed by the Owner to the Agency. The Owner
will not be entitled to any payment under this rule unless the Owner:

1. immediately upon learning of the vacancy, has notified the Agency of the vacancy or
prospective vacancy, and

2. has taken and continues to take all feasible actions specified in sections (1) (b) and (c) of
this rule.

(b) If the Owner evicts an Eligible Family, the Owner will not be entitled to any payment under this
rule unless the Agency determines that the Owner complied with all requirements of these rules,
the Contract, and all applicable State and local laws.

(3) Prohibition of Double Compensation for Vacancies.

(1) The Owner will not be entitled to housing assistance payments with respect to vacant units under this
section if the Owner is entitled to payments from other sources (for example, payments for losses of
rental income incurred for holding units vacant for relocatees pursuant to Title I of the HCD Act of
1974 or payments for unpaid rent under 24 CFR 882.112 (Security and Utility Deposits) ).

Authority: T.C.A. §13-23-115 (18). Administrative History: Original rule filed July 13, 1982; effective August 12,
1982.
Source: Legislative text reproduced verbatim
Plain English

Under Tenn. Comp. R. & Regs. 0770-03-01 et seq. § 0770-03-01-.11, housing assistance payments may continue to flow to a property owner during certain vacancy periods, but only under defined conditions and at a reduced rate of 80 percent of the Contract Rent. The rule distinguishes between vacancies that occur before any tenant has moved in and those that arise after initial occupancy, setting different timelines and requirements for each. It also bars owners from receiving double compensation if other funding sources already cover the vacant unit, and withholds vacancy payments entirely when an eviction or other owner action caused the vacancy in violation of the lease, contract, or applicable law.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 13, 2026

Plain English — not legal advice.

For Property Managers

Owners participating in a program governed by Tenn. Comp. R. & Regs. 0770-03-01 et seq. § 0770-03-01-.11 who wish to receive vacancy payments generally notify the administering Agency immediately upon learning of any vacancy, document all active efforts to fill the unit, and avoid rejecting eligible applicants without cause the Agency would find acceptable. Compliant operators also track whether any rent collected from a departing family during a vacancy period would push total receipts above 80 percent of Contract Rent, and reimburse the Agency for any excess. Owners should also confirm that no other funding source is already compensating them for the same vacant unit, since the rule prohibits double compensation.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenn. Comp. R. & Regs. 0770-03-01 et seq. § 0770-03-01-.11 contains provisions that can be relevant to eligible families, particularly the rule that an owner who evicts a family is not entitled to vacancy payments unless the Agency determines the eviction complied with all applicable requirements. Tenants who believe an owner has acted improperly in connection with a vacancy or eviction may consider contacting the administering Agency to understand how compliance determinations are made. Tenant-rights organizations familiar with HUD-assisted housing programs can also help individuals understand how this provision may relate to their situation.

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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 12, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

T.C.A. § 13-23-115
Not yet ingested

References In

Rules and statutes that cite this regulation

Tenn. Comp. R. & Regs. 0770-03-01
Tenn. Comp. R. & Regs. 0770-03-01
Tenn. Comp. R. & Regs. 0770-03-01
Tenn. Comp. R. & Regs. 0770-03-01
Tenn. Comp. R. & Regs. 0770-03-01
Tenn. Comp. R. & Regs. 0770-03-01
Tenn. Comp. R. & Regs. 0770-03-01

Related Rules

§ 888.111
§ 888.111 Fair market rents for existing housing: Applicability.
§ 888.201
§ 888.201 Purpose.
§ 888.202
§ 888.202 Manner of publication.

Source Information

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