24 C.F.R. § 886.302
§ 886.302 Definitions. (24 CFR Part 886)
Operative Text
The terms Fair Market Rent (FMR), HUD, and Public Housing Agency (PHA) are defined in 24 CFR part 5. Act. The United States Housing Act of 1937. Agreement. An Agreement to Enter into a Housing Assistance Payments Contract. See § 886.332. Annual income. As defined in part 5 of this title. Contract. (See Section 8 contract.) Contract rent. The rent payable to the owner under the contract, including the portion of the rent payable by the family. In the case of a cooperative, the term “contract rent” means charges under the occupancy agreements between the members and the cooperative. Covered housing provider. For the Section 8 Housing Assistance Program for the Disposition of HUD-Owned Projects, under subpart C of this part, “covered housing provider,” as such term is used in HUD's regulations at 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), refers to the owner. Decent, safe, and sanitary. Housing is decent, safe, and sanitary if it meets the physical condition requirements in 24 CFR part 5, subpart G. Eligible project or project. A multifamily housing project (see 24 CFR part 290): (1) For which the disposition in accordance with the provisions of 24 CFR part 290 involves sale with Section 8 housing assistance to enable the project to be used, in whole or in part, to provide housing for lower income families; and (2) The units of which are decent, safe, and sanitary. Family. As defined in part 5 of this title. HCD Act. The Housing and Community Development Act of 1974. Housing Assistance Payment. The payment made by the contract administrator to the Owner of an assisted unit as provided in the Contract. Where the unit is leased to an eligible Family, the payment is the difference between the Contract Rent and the Tenant Rent. A Housing Assistance Payment may be made to the Owner when a unit is vacant, in accordance with the terms of the Contract. An additional Housing Assistance Payment is made when the Utility Allowance is greater than the Total Tenant Payment. Lease. A written agreement between the owner and a family for leasing of decent, safe and sanitary dwelling unit to the family. Low-income family. As defined in part 5 of this title. Owner. The purchaser, including a cooperative entity or an agency of the Federal Government, under this subpart, of a HUD-owned project; or the purchaser, including a cooperative entity or an agency of the Federal Government, through a foreclosure sale of a project that was subject to a HUD-held mortgage. Project account. The account established and maintained in accordance with § 886.308. Rehabilitation. The rehabilitation of an eligible project to upgrade the property to decent, safe, and sanitary condition to comply with the Housing Quality Standards described in § 886.307 of this part, or other standards approved by HUD, from a condition below those standards and requiring repairs that may vary in degree from gutting and extensive reconstruction to the cure of deferred maintenance. Rehabilitation may exceed the requirements of § 886.307 of this part. Section 8 contract (“Contract”). A written contract between the owner of an eligible project and HUD providing housing assistance payments to the owner on behalf of eligible families pursuant to this subpart. Tenant rent. As defined in part 5 of this title. Total tenant payment. As defined in part 5 of this title. Utility allowance. As defined in part 5 of this title. Utility reimbursement. As defined in part 5 of this title. Very low-income family. As defined in part 5 of this title.
Section 886.302 establishes the working vocabulary for the Section 8 Housing Assistance Program governing the disposition of HUD-owned multifamily projects. Key terms such as 'contract rent,' 'housing assistance payment,' and 'eligible project' are given precise meanings that govern how rent is calculated, how assistance funds flow from HUD to owners, and which properties qualify for the program. Many additional terms—including 'annual income,' 'family,' and 'utility allowance'—are defined by cross-reference to 24 CFR part 5, meaning that part's definitions carry full legal weight here as well.
Plain English — not legal advice.
Owners and purchasers of HUD-owned projects operating under 24 CFR Part 886 § 886.302 should be familiar with how 'contract rent' and 'housing assistance payment' are defined, since these terms directly determine what HUD pays and what the tenant owes under a Section 8 contract. The definition of 'covered housing provider' in § 886.302 places VAWA protections squarely on the owner, meaning compliant operators maintain policies consistent with 24 CFR part 5, subpart L. Because several definitions cross-reference 24 CFR part 5, operators generally review both parts together when assessing income eligibility, utility allowances, and physical condition standards.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants living in or applying to HUD-owned multifamily projects assisted under this program, § 886.302 clarifies that the 'housing assistance payment' is the portion of rent paid by HUD on a family's behalf—the difference between the full contract rent and what the tenant owes—and that an additional payment may be made when a utility allowance exceeds the total tenant payment. The definition of 'covered housing provider' confirms that owners in this program are bound by federal protections for survivors of domestic violence, dating violence, sexual assault, or stalking under 24 CFR part 5, subpart L. Tenants who believe these definitions are being misapplied—for example, in how their rent share is calculated—may raise the issue with their local Public Housing Agency, consult a tenant-rights organization, or review HUD's publicly available guidance on 24 CFR part 5.
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 8, 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.