24 C.F.R. § 886.123
§ 886.123 Maintenance, operation, and inspections. (24 CFR Part 886)
Operative Text
(a) Maintenance and operation. The Owner shall maintain and operate the project so as to provide housing that is compliant with 24 CFR part 5, subpart G, and the Owner shall provide all the services, maintenance, and utilities which the Owner agrees to provide under the Contract, subject to abatement of housing assistance payments or other applicable remedies if the Owner fails to meet these obligations. (b) Inspection prior to occupancy. Prior to occupancy of any unit by a Family, the Owner and the Family shall inspect the unit. On forms prescribed by HUD, the Owner and Family shall certify that they have inspected the unit, and the owner shall certify that the unit is compliant with 24 CFR part 5, subpart G, and with the criteria provided in the prescribed forms. Copies of these reports shall be kept on file by the Owner for at least three years. (c) Periodic inspections. HUD will inspect or cause to be inspected the contract units in accordance with the requirements in 24 CFR part 5, subpart G, and at such other times as may be necessary to assure that the owner is meeting contractual obligations. (d) Units not free of health and safety hazards. If HUD notifies the Owner that the Owner has failed to maintain a unit that is compliant with the requirements in 24 CFR part 5, subpart G, and the Owner fails to take corrective action within the time prescribed by notice, HUD may exercise any of its rights or remedies under the Contract, including abatement of housing assistance payments, even if the Family continues to occupy the unit.
Under 24 CFR Part 886 § 886.123, property owners participating in this HUD program are required to keep their units and projects in a condition that meets federal housing quality standards, deliver all services and utilities promised under the assistance contract, and document unit condition through joint inspections with families before move-in. HUD retains the authority to inspect units periodically and, if an owner fails to correct identified deficiencies within a prescribed timeframe, may reduce or suspend housing assistance payments even while a family remains in the unit. These requirements create a continuous compliance obligation that runs from before a family moves in through the entire duration of the tenancy.
Plain English — not legal advice.
Operators subject to 24 CFR Part 886 § 886.123 generally maintain records of all move-in inspections on HUD-prescribed forms, signed by both the owner and the incoming family, and retain those records for a minimum of three years. Compliant operators also deliver the full scope of services, maintenance, and utilities committed to in the assistance contract and respond promptly to any HUD deficiency notices within the correction window specified in the notice. Failure to act on such notices can result in abatement of housing assistance payments under § 886.123(d), a financial consequence that applies regardless of whether the family continues to occupy the unit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 886 § 886.123, families have a right to participate in a formal unit inspection before moving in and to co-sign the HUD-prescribed certification documenting the unit's condition at that time. If a unit later falls below federal housing quality standards, HUD has authority to penalize the owner—including by cutting off housing assistance payments—which can serve as a meaningful enforcement mechanism independent of any action a tenant takes. Tenants who believe their unit has unaddressed health or safety problems may consider contacting their local HUD field office, a HUD-approved housing counseling agency, or a tenant-rights organization to understand what options exist under § 886.123 and the broader assistance contract.
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
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