Cal. Civ. Code § 0770-03-02-.08
OVERCROWDED AND UNDER OCCUPIED UNITS.
Operative Text
(1) If the Agency determines that a Contract unit is not decent, safe, and sanitary by reason of increase in Family size, or that a contract unit is larger than appropriate for the size of the Family in occupancy, housing assistance payments with respect to the unit will not be abated; however, the Owner must offer the Family a suitable alternative unit should one be available and the Family will be required to move. If the Owner does not have a suitable available unit, the Agency will assist the Family in finding an appropriate dwelling unit and require the Family to move to such a unit as soon as possible. In no case will a Family be forced to move unless the Family rejects without good reason the offer of a unit which the Agency judges to be acceptable. 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. 0770-03-02 et seq. § 0770-03-02-.08, when a housing agency determines that a subsidized unit has become overcrowded due to family growth—or is larger than the family's current size warrants—housing assistance payments continue without interruption. The owner is expected to offer a suitable alternative unit if one is available, and the family is generally required to relocate. Importantly, no family can be compelled to move unless they have rejected, without good cause, a unit the agency has deemed acceptable.
Plain English — not legal advice.
Owners participating in subsidized housing programs covered by Tenn. Comp. R. & Regs. 0770-03-02 et seq. § 0770-03-02-.08 are generally expected to monitor unit occupancy relative to family size and to offer suitable alternative units when a mismatch is identified by the agency. Compliant operators typically maintain awareness of their available inventory so they can respond promptly when the agency flags an overcrowded or under-occupied unit. Housing assistance payments are not withheld during this process, so owners should be aware that financial continuity does not eliminate the obligation to act on the agency's determination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenn. Comp. R. & Regs. 0770-03-02 et seq. § 0770-03-02-.08 provides that families in subsidized units will not lose housing assistance payments simply because their unit size no longer matches their family size. If no suitable unit is available through the owner, the agency is responsible for helping the family locate an appropriate dwelling. Tenants should be aware that they cannot be forced to move unless they have declined—without good reason—a unit the agency considers acceptable; those with questions about their rights under this provision may wish to consult a tenant-rights organization or legal aid office familiar with Tennessee housing regulations.
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
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