24 C.F.R. § 884.213
§ 884.213 Execution of housing assistance payments contract. (24 CFR Part 884)
Operative Text
(a) Time of execution. Upon acceptance of the project by HUD pursuant to § 884.212, the Contract shall be executed first by the Owner and then by HUD, or, in the case of a Private-Owner/PHA Project, executed by the Owner and the PHA and then approved by HUD. (b) Unleased units. At the time of execution of the Contract, HUD (or the PHA, as appropriate) shall examine the lists of dwelling units leased and not leased, referred to in § 884.211(e) and shall determine whether or not the Owner has met his obligations under that section with respect to any unleased units. HUD (or the PHA, as appropriate) shall state in writing its determination with respect to the unleased units and for which of those units it will make housing assistance payments. The Owner shall indicate in writing his concurrence with this determination or his disagreement, reserving his rights to claim housing assistance payments for the unleased units pursuant to the Contract, without prejudice by reason of his signing the Contract. Copies of all documents referred to this paragraph shall be furnished to HUD in the case of a Private-Owner/PHA Project.
Section 884.213 governs the formal signing process for a Housing Assistance Payments (HAP) contract under the Section 8 new construction program. The owner signs first, followed by HUD—or, for projects involving both a private owner and a public housing authority (PHA), the owner and PHA sign together before HUD grants approval. At the moment of contract execution, HUD or the PHA reviews which units are leased and which are not, issues a written determination identifying the unleased units for which assistance payments will be made, and the owner must respond in writing either agreeing or formally reserving the right to contest that determination later.
Plain English — not legal advice.
Under § 884.213, a compliant owner executes the HAP contract in the prescribed sequence—signing before HUD or the PHA does—and ensures all required documentation from the leasing review is in order at that time. When HUD or the PHA issues its written determination about unleased units, owners generally respond in writing, either concurring or explicitly reserving their right to claim housing assistance payments for disputed units without waiving that right by signing the contract. Owners involved in Private-Owner/PHA Projects also ensure that copies of all relevant documents from this process are forwarded to HUD as required.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While § 884.213 primarily governs the contractual relationship between property owners, HUD, and PHAs, tenants living in projects subject to this provision benefit from the oversight it creates: the formal review of leased and unleased units at contract execution helps ensure that assistance payments are properly tracked and documented. Tenants who believe their unit's assistance status has been misrepresented or that housing assistance payments are not being applied correctly may raise concerns with their local HUD field office or PHA. Tenant-rights organizations familiar with Section 8 new construction programs can help residents understand how the protections established at the § 884.213 contract stage may be relevant to their housing situation.
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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