24 C.F.R. § 888.310
§ 888.310 Notice of eligibility requirements for retroactive payments. (24 CFR Part 888)
Operative Text
(a) Notice of eligibility requirements. HUD (or the Contract Administrator) will give written notice to all current owners of projects of the eligibility requirements for retroactive payments. Eligible project owners must make a request for payment and a request for a one-time contract determination within 60 days from the date of the notice. (b) Request for payment. (1) Owners eligible for retroactive payments under § 888.301(c) must submit a request for a calculation of the total rent adjustments and the establishment of the amount of the retroactive payment, as described in § 888.301 (a) and (b), and documentation of the occupancy rate for the period from October 1, 1979, to May 31, 1991, if available. (2) Owners whose HAP contract requires a request to be made for annual rent adjustments must certify that a request was not made because of an anticipated reduction in the Contract Rents as a result of a comparability study. The certification must contain the year or years upon which the request for payment is based and a statement of the basis for the belief that rents would have been reduced. (3) Retroactive payments will be made to owners over a three-year period as funds are appropriated for that purpose. When funds are available for payment, HUD will publish a Federal Register notice containing procedures for claiming payments. (c) Request for one-time contract rent determination. When making a request for payment, eligible owners may also request a one-time contract rent determination, as described in § 888.320. Eligible owners may request a one-time contract rent determination even if they choose not to request retroactive payments, provided they are eligible for retroactive payments. (d) Transfer of ownership since October 1, 1979. Eligible owners who request retroactive payments must certify that they are entitled to the entire amount of the payment. Any owner who is unable to certify must present documentation of an agreement between the current and former owners of the proportionate share of the payment for which each is eligible.
Section 888.310 establishes the process by which HUD or a Contract Administrator notifies eligible project owners about retroactive rent adjustment payments available under the Section 8 program. Once written notice is issued, owners have a 60-day window to submit a request for payment and, if desired, a request for a one-time contract rent determination. Retroactive payments are disbursed over a three-year period as Congress appropriates funds, with HUD publishing Federal Register notices when money becomes available. Owners who acquired their properties after October 1, 1979, must account for any ownership transfers by documenting how the payment is to be divided between current and former owners.
Plain English — not legal advice.
Under 24 CFR Part 888 § 888.310, compliant project owners generally act promptly upon receiving HUD's written notice, submitting both a payment request and any request for a one-time contract rent determination within the 60-day deadline. Operators typically gather occupancy-rate documentation covering October 1, 1979, through May 31, 1991, and, where applicable, prepare a certification explaining why annual rent adjustment requests were not made due to anticipated comparability-study reductions. Owners who have held the property through a transfer of ownership since October 1, 1979, are expected to either certify entitlement to the full payment or present a documented agreement with prior owners establishing each party's proportionate share before a payment can be processed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Although 24 CFR Part 888 § 888.310 is directed at project owners rather than individual tenants, it is part of the broader Section 8 framework that governs contract rents in assisted housing — rents that directly affect what tenants pay. Tenants living in Section 8 project-based housing may find it useful to understand that this provision shapes how retroactive rent adjustments are calculated and paid to owners, since those adjustments can influence future contract rent levels. Tenants who believe their housing provider's rent practices may be inconsistent with HUD's Section 8 requirements can contact their local HUD field office, raise concerns with the Contract Administrator identified in their building's HAP contract, or reach out to a tenant-rights organization for general guidance on this provision.
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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