24 C.F.R. § 884.105
§ 884.105 Maximum total ACC commitment and project account (private-owner/PHA projects). (24 CFR Part 884)
Operative Text
(a) Maximum total ACC commitment. The maximum total annual contribution that may be contracted for in the ACC for a project shall be the total of the Contract Rents plus any utility allowances for all the Contract units in the project, plus a fee for the regular costs of PHA administration. HUD-approved preliminary costs for administration (including administrative costs in connection with PHA activities related to relocation of occupants) shall be payable out of this total. (b) Project account. In order to assure that housing assistance payments will be increased on a timely basis to cover increases in Contract Rents or decreases in Family Incomes: (1) A Project Account shall be established and maintained, in an amount as determined by the Secretary consistent with his responsibilities under Section 8(c)(6) of the 1937 Act, out of amounts by which the maximum ACC commitment per year exceeds amounts paid under the ACC for any year. This account shall be established and maintained by HUD as a specifically identified and segregated account, and payment shall be made therefrom only for the purposes of (i) housing assistance payments and (ii) other costs specifically authorized or approved by the Secretary. (2) Whenever a HUD-approved estimate of required Annual Contribution exceeds the maximum ACC commitment then in effect, and would cause the amount in the Project Account to be less than an amount equal to 40 percent of such maximum ACC commitment, HUD shall, within a reasonable period of time, take such additional steps authorized by Section 8(c)(6) of the 1937 Act as may be necessary to carry out this assurance, including (as provided in that section of the Act) “the reservation of annual contributions authority for the purpose of amending housing assistance contracts or the allocation of a portion of new authorizations for the purpose of amending housing assistance contracts.”
Section 884.105 establishes two financial mechanisms for Section 8 new construction projects operated under a private-owner/PHA arrangement. First, it caps the total annual contribution HUD may commit under an Annual Contributions Contract (ACC) at the sum of all Contract Rents, applicable utility allowances, and a PHA administrative fee. Second, it requires HUD to maintain a segregated 'Project Account' funded by the difference between the maximum ACC commitment and amounts actually paid out each year, ensuring that housing assistance payments can be increased when Contract Rents rise or tenant incomes fall—and mandating that HUD take corrective action if that account drops below 40 percent of the maximum ACC commitment.
Plain English — not legal advice.
Property owners and management agents operating under a private-owner/PHA ACC governed by § 884.105 should understand that the ceiling on annual HUD contributions is fixed by the combined total of Contract Rents, utility allowances, and approved PHA administrative costs. Compliant operators generally maintain accurate records of Contract Rents and utility allowances for all contract units, since those figures directly determine the maximum ACC commitment available for the project. Awareness of the Project Account mechanism is also relevant, because it is the funding reserve from which housing assistance payment increases are drawn when rents increase or resident incomes decrease.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in projects covered by § 884.105 benefit from a structural protection: HUD is required to maintain a dedicated Project Account to help ensure that housing assistance payments keep pace with rising Contract Rents or declining family incomes. If a tenant believes housing assistance payments are not being properly calculated or applied, general enforcement paths include raising the issue with the administering PHA, contacting a local HUD field office, or reaching out to a tenant-rights organization familiar with Section 8 new construction programs. Understanding that § 884.105 places an affirmative obligation on HUD to replenish this account when it falls too low can be useful context when exploring those options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.