24 C.F.R. § 884.219
§ 884.219 Overcrowded and underoccupied units. (24 CFR Part 884)
Operative Text
If HUD or the PHA, as the case may be, determines that a Contract unit assisted under this part is not Decent, Safe, and Sanitary by reason of increase in Family size, or that a Contract unit is larger than appropriate for the size of the Family in occupancy, housing assistance payments with respect to such unit will not be abated, unless the Owner fails to offer the Family a suitable unit as soon as one becomes vacant and ready for occupancy. In the case of an overcrowded unit, if the Owner does not have any suitable units or if no vacancy of a suitable unit occurs within a reasonable time, HUD (or the PHA) will assist the Family in finding a suitable dwelling unit and require the Family to move to such a unit as soon as possible. The Owner may receive housing assistance payments for the vacated unit if he complies with the requirements of § 884.106(c)(1).
Under 24 CFR Part 884 § 884.219, when HUD or a Public Housing Authority determines that a subsidized contract unit has become overcrowded due to a family growing in size, or conversely that a unit is now larger than the family needs, the housing assistance payments for that unit are generally not suspended—unless the property owner fails to offer the family a suitable alternative unit when one opens up. If no suitable unit becomes available within a reasonable time in an overcrowded situation, HUD or the PHA steps in to help the family locate an appropriate dwelling and can require the family to relocate. An owner whose unit is vacated under these circumstances may still be eligible to receive housing assistance payments for that vacant unit, provided certain regulatory conditions are met.
Plain English — not legal advice.
Under § 884.219, operators of HUD-assisted properties are generally expected to monitor occupancy levels and proactively offer families a suitable unit whenever one becomes vacant and ready for occupancy—whether the family's unit has become overcrowded or underoccupied. A compliant owner maintains records of unit availability and communicates promptly with HUD or the PHA when occupancy mismatches arise, rather than waiting for a formal determination. Owners who follow the vacancy and notification requirements outlined in § 884.106(c)(1) may remain eligible to receive housing assistance payments on a unit that a family has vacated under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 884.219 provides families living in HUD-assisted units with certain protections when their unit no longer fits their household size—whether it has become too crowded or too large. If a family's unit is deemed overcrowded and no suitable alternative is available from the owner within a reasonable time, HUD or the PHA is obligated under this provision to assist the family in locating an appropriate dwelling. Families who believe their unit situation may trigger this provision can reach out directly to their local PHA, contact a HUD field office, or connect with a tenant-rights organization to better understand the options generally available under § 884.219.
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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