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PART 886—SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM—SPECIAL ALLOCATIONS›Subpart C—Section 8 Housing Assistance Program for the Disposition of HUD-Owned Projects

§ 886.323 Maintenance, operation, and inspections.

24 C.F.R. Parts 880, 881, 883, 886 — Section 8 Project-Based Programs (New Construction; Substantial Rehabilitation; State Housing Agencies; Loan Management/Property Disposition Set-Asides) · 2026 edition · updated 2026-07-29 · United States

(a) Maintain housing free of health and safety hazards. The Owner shall maintain and operate the project so as to be compliant with 24 CFR part 5, subpart G, and the Owner shall provide all the services, maintenance, and utilities which the Owner agrees to provide under the contract and the lease. Failure to do so shall be considered a material default under the contract and Regulatory Agreement, if any.

(b) HUD inspection. Prior to execution of the contract, HUD shall inspect (or cause to be inspected) each proposed contract unit and related facilities to ensure that they comply with the requirements at 24 CFR part 5, subpart G.

(c) Owner and family inspection. Prior to occupancy of any vacant unit by a Family, the Owner and the Family shall inspect the unit. The Owner shall certify that they have inspected the unit, and the owner shall certify that the unit is compliant with 24 CFR part 5, subpart G. Copies of these reports shall be kept on file by the owner for at least 3 years.

(d) Periodic inspections. HUD will inspect the project (or cause it to be inspected) in accordance with the requirements in 24 CFR part 5, subpart G, and at such other times as HUD may determine to be necessary to assure that the owner is meeting the Owner's obligation to maintain the units and the related facilities in accordance with 24 CFR part 5, subpart G, and to provide the agreed-upon utilities and other services.

(e) Failure to maintain housing. If HUD notifies the Owner that he/she has failed to maintain a unit that is compliant with 24 CFR part 5, subpart G, and the Owner fails to take corrective action within the time prescribed in the notice, HUD may exercise any of its rights or remedies under the Contract, or Regulatory Agreement, if any, including abatement of housing assistance payments (even if the Family continues to occupy the unit) and rescission of the sale. If the Family wishes to be rehoused in another unit, HUD shall provide assistance in finding such a unit for the Family.

[88 FR 30500, May 11, 2023]

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▸ Contents — 24 C.F.R. Parts 880, 881, 883, 886 — Section 8 Project-Based Programs (New Construction; Substantial Rehabilitation; State Housing Agencies; Loan Management/Property Disposition Set-Asides)
24 C.F.R. Parts 880, 881, 883, 886 — Section 8 Project-Based Programs (New Construction; Substantial Rehabilitation; State Housing Agencies; Loan Management/Property Disposition Set-Asides)
  1. 24 C.F.R. Parts 880, 881, 883, 886 — Section 8 Project-Based P…
  2. PART 880—SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR NEW…
  3. PART 881—SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR SUB…
  4. PART 883—SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM—STATE H…
  5. ▸ PART 886—SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM—SPECIAL…
    Overview
    1. Subpart A—Additional Assistance Program for Projects With HUD-…
    2. Subpart B [Reserved]
    3. ▸ Subpart C—Section 8 Housing Assistance Program for the Disposi…
      Overview
      1. § 886.301 Purpose.
      2. § 886.302 Definitions.
      3. § 886.303 Allocation and reservation of Section 8 contract aut…
      4. § 886.304 Project eligibility criteria.
      5. § 886.305 Disclosure and verification of Social Security and E…
      6. § 886.306 Notices.
      7. § 886.307 Physical condition standards; physical inspection re…
      8. § 886.308 Maximum total annual contract commitment.
      9. § 886.309 Housing assistance payment to owners.
      10. § 886.310 Initial contract rents.
      11. § 886.311 Term of contract.
      12. § 886.311a Notice upon contract expiration.
      13. § 886.312 Rent adjustments.
      14. § 886.313 Other Federal requirements.
      15. § 886.314 Financial default.
      16. § 886.315 Security and utility deposits.
      17. §§ 886.316-886.317 [Reserved]
      18. § 886.318 Responsibilities of the owner.
      19. § 886.319 Responsibility for contract administration.
      20. § 886.320 Default under the contract.
      21. § 886.321 Marketing.
      22. § 886.322 [Reserved]
      23. § 886.323 Maintenance, operation, and inspections.
      24. § 886.324 Reexamination of family income and composition.
      25. § 886.325 Overcrowded and underoccupied units.
      26. § 886.326 Adjustment of utility allowances.
      27. § 886.327 Lease requirements.
      28. § 886.328 Termination of tenancy.
      29. § 886.329 Leasing to eligible families.
      30. § 886.329a Preferences for occupancy by elderly families.
      31. § 886.330 Work write-ups and cost estimates.
      32. § 886.331 Agreement to enter into housing assistance payments …
      33. § 886.332 Rehabilitation period.
      34. § 886.333 Completion of rehabilitation.
      35. § 886.334 Execution of housing assistance payments contract.
      36. § 886.335 Management and occupancy reviews.
      37. § 886.336 Audit.
      38. § 886.337 Selection preferences.
      39. § 886.338 Displacement, relocation, and acquisition.
      40. § 886.339 Emergency transfers for victims of domestic violence…
      41. § 886.340 Broadband infrastructure.

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