Cal. Civ. Code § 0770-03-02-.11
REDUCTION OF NUMBER OF UNITS COVERED BY CONTRACT.
Operative Text
(1) Limitation on Leasing to Ineligible Families. (a) Owners may not lease any of the assisted units under Contract to ineligible families. Failure on the part of Owner to comply with prohibition is a violation of the Contract and grounds for all available legal remedies, including suspension or debarment from Agency HUD programs and reduction of the number of units under the Contract, as set forth in Rule 0770-3-2-.11(2). Once the Agency has determined that a violation exists, the Agency will notify HUD of its determination and the suggested remedy(ies). (2) Reduction for Failure to Lease to Eligible Families. (a) If, at any time beginning six months after the effective date of the Contract, the Owner fails for a continuous period of six months to have at least 90 percent of the assisted units leased or available for leasing by Eligible Families, because families occupying units who were initially eligible have become ineligible, the Agency may, on at least 30 days’ notice, reduce the number of units covered by the Contract. The Agency may reduce the number of units to the number of units actually leased or available for leasing plus 10 percent (rounded up). If the Owner has only one unit under Contract and if one year has elapsed since the date of the last housing assistance payment, the Contract may be terminated with the consent of the Owner. (3) Restoration. (a) Tennessee Housing Development Agency will agree to an amendment of the Contract, to provide for subsequent restoration of any reduction made pursuant to Rule 0770-3-2-.11(2): 1. The Agency determines that the restoration is justified by demand. 2. The Owner otherwise has a record of compliance with obligations under the Contract, and 3. Contract authority is available. Authority: T.C.A. §13-23-11.5 (18). Administrative History: Original rule filed July 13, 1982; effective August 12, 1982.
Tenn. Comp. R. & Regs. 0770-03-02 § 0770-03-02-.11 governs what happens when assisted housing units under a contract are not being leased to eligible families. Owners are prohibited from leasing assisted units to ineligible families, and if at least 90 percent of assisted units are not leased or available to eligible families for a continuous six-month period (starting six months after the contract's effective date), the administering agency may reduce the number of units covered by the contract. Reductions are not necessarily permanent — the Tennessee Housing Development Agency may restore reduced units if demand justifies it, the owner has otherwise complied with contract obligations, and contract authority is available.
Plain English — not legal advice.
Under § 0770-03-02-.11, compliant operators ensure that assisted units are leased exclusively to eligible families and actively monitor occupancy to maintain at least 90 percent of assisted units leased or available to eligible families at all times. When previously eligible tenants become ineligible, operators generally take steps to address occupancy gaps before a continuous six-month shortfall triggers the agency's authority to reduce the number of contracted units. Operators who experience a reduction may pursue restoration by demonstrating sufficient demand, a record of contract compliance, and the availability of contract authority, as outlined in subsection (3).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 0770-03-02-.11 establishes that assisted units must be made available to eligible families, which means tenants who qualify for housing assistance have a right to access these units without an owner steering them toward ineligible occupants. If a tenant believes an owner is leasing assisted units to ineligible families or otherwise violating contract obligations, they may consider contacting the Tennessee Housing Development Agency, which is authorized to investigate violations and notify HUD of its findings and recommended remedies. Tenants seeking to understand their eligibility status or rights under an assisted housing contract may also reach out to a local tenant-rights organization for general guidance.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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