24 C.F.R. § 883.105
§ 883.105 Applicability of part 883 in effect as of February 29, 1980. (24 CFR Part 883)
Operative Text
(a) Part 883, in effect as of February 29, 1980, applies to projects for which the initial application was submitted on or after the February 29, 1980, effective date. (See 24 CFR part 883, revised as of April 1, 1980.) Projects for which applications or proposals were submitted before the February 29, 1980, effective date of part 883 have been processed under the part 883 regulations and procedures in effect at the date of submission. If, however, the agency notified HUD within 60 calendar days of the February 29, 1980, effective date of the part 883 regulations that they chose to have the provisions of part 883, in effect as of February 29, 1980, apply to a specific case, it must have promptly modified the application(s) and proposal(s) to comply. (b) Subpart F of this part, dealing with the HAP contract and subpart G of this part, dealing with management, apply to all projects for which an Agreement was not executed before the February 29, 1980, effective date of part 883. In cases where an Agreement has been executed: (1) The Agency, owner and HUD may agree to make the revised subpart F of this part applicable and execute appropriate amendments to the Agreement or Contract; (2) The Agency, Owner and HUD may agree to make the revised subpart G of this part applicable (with or without the limitation on distributions) and execute appropriate amendments to the Agreement or Contract. (c) Section 883.708, Termination of Tenancy and Modifications of Leases, applies to new families who begin occupancy or execute a lease on or after 30 days following the February 29, 1980, effective date of part 883. This section also applies to families not covered by the preceding sentence, including families currently under lease, who have a lease in which a renewal becomes effective on or after the 60th day following the February 29, 1980 effective date of part 883. A lease is considered renewed when both the landlord and the family fail to terminate a tenancy under a lease permitting either to terminate. (d) Notwithstanding the provisions of paragraph (b) of this section, the provisions of 24 CFR part 5 (concerning preferences for selection of applicants) apply to all projects, regardless of when am Agreement was executed.
Section 883.105 establishes which version of the Part 883 regulations governs a given Section 8 housing assistance project based on when its application was submitted relative to the February 29, 1980 effective date. Projects submitted before that date generally follow the older rules, while those submitted on or after it follow the revised Part 883 framework — though agencies had a 60-day window to opt into the newer rules for earlier submissions. Certain provisions, such as the Housing Assistance Payments contract rules in Subpart F, the management rules in Subpart G, and the tenancy termination rules of § 883.708, have their own specific applicability thresholds tied to agreement execution dates and lease renewal timelines. Applicant selection preference rules under 24 CFR Part 5 apply universally, regardless of when any agreement was executed.
Plain English — not legal advice.
Under § 883.105, property owners participating in Section 8 projects governed by Part 883 should be aware that the version of the regulations applicable to their project depends on when the original application or agreement was executed relative to February 29, 1980. Compliant operators generally confirm which regulatory version governs their Housing Assistance Payments contract (Subpart F) and management obligations (Subpart G), particularly if their agreement predates the 1980 effective date and any amendments were or were not executed with the agency and HUD. With respect to tenancy terminations and lease modifications under § 883.708, operators typically track whether individual families began occupancy or executed or renewed leases within the timeframes specified in § 883.105(c), and they apply 24 CFR Part 5 applicant selection preferences to all projects without exception.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 883.105 affects which set of tenant protections under Part 883 apply to a household's tenancy, depending on when the project's agreement was executed and when the family began occupancy or renewed a lease. Families who began occupancy or executed a lease at least 30 days after February 29, 1980, or whose lease renewals became effective on or after the 60th day following that date, are covered by the tenancy termination and lease modification protections of § 883.708. Tenants who believe the wrong regulatory framework is being applied to their tenancy, or that applicant selection preferences under 24 CFR Part 5 are not being honored, may consider raising these issues with their local housing agency, a HUD field office, or a tenant-rights organization familiar with federally assisted housing programs.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
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