Cal. Civ. Code § 0770-03-01-.11
PAYMENTS FOR VACANCIES.
Operative Text
(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.
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.
Plain English — not legal advice.
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.
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.
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