24 C.F.R. § 881.105
§ 881.105 Applicability to proposals and projects under 24 CFR part 811. (24 CFR Part 881)
Operative Text
Where proposals and projects are financed with tax-exempt obligations under 24 CFR part 811, the provisions of part 811 will be complied with in addition to all requirements of this part. In the event of any conflict between this part and part 811, part 811 will control.
Under 24 CFR Part 881 § 881.105, when a housing proposal or project is financed using tax-exempt obligations governed by 24 CFR Part 811, both sets of regulations apply simultaneously. If any requirement in Part 881 conflicts with a requirement in Part 811, the Part 811 rule takes precedence and governs the outcome. This provision establishes a clear hierarchy between the two regulatory frameworks rather than leaving conflicts unresolved.
Plain English — not legal advice.
Property owners and managers whose projects are financed through tax-exempt obligations under Part 811 should be aware that § 881.105 requires compliance with both Part 811 and Part 881 at the same time. Compliant operators generally review both regulatory frameworks during project planning and financing stages to identify any areas where the two sets of rules may overlap or diverge. When a genuine conflict arises between the two parts, Part 811 controls, so operators typically structure their compliance processes with that hierarchy in mind.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants living in properties financed with tax-exempt obligations, § 881.105 means that both Part 881 and Part 811 protections may apply to their housing, potentially broadening the regulatory framework governing their tenancy. If a concern arises about how a project is being operated, tenants can look into whether Part 811 requirements offer additional protections beyond those in Part 881. Tenant-rights organizations or a HUD field office can be useful starting points for understanding which rules apply and what general enforcement paths, such as filing a complaint with HUD, may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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