24 C.F.R. § 982.311
§ 982.311 When assistance is paid. (24 CFR Part 982)
Operative Text
(a) Payments under HAP contract. Housing assistance payments are paid to the owner in accordance with the terms of the HAP contract. Housing assistance payments may only be paid to the owner during the lease term, and while the family is residing in the unit. (b) Termination of payment: When owner terminates the lease. Housing assistance payments terminate when the lease is terminated by the owner in accordance with the lease. However, if the owner has commenced the process to evict the tenant, and if the family continues to reside in the unit, the PHA must continue to make housing assistance payments to the owner in accordance with the HAP contract until the owner has obtained a court judgment or other process allowing the owner to evict the tenant. The PHA may continue such payments until the family moves from or is evicted from the unit. (c) Termination of payment: Other reasons for termination. Housing assistance payments terminate if: (1) The lease terminates; (2) The HAP contract terminates; or (3) The PHA terminates assistance for the family. (d) Family move-out. (1) If the family moves out of the unit, the PHA may not make any housing assistance payment to the owner for any month after the month when the family moves out. The owner may keep the housing assistance payment for the month when the family moves out of the unit. (2) If a participant family moves from an assisted unit with continued tenant-based assistance, the term of the assisted lease for the new assisted unit may begin during the month the family moves out of the first assisted unit. Overlap of the last housing assistance payment (for the month when the family moves out of the old unit) and the first assistance payment for the new unit, is not considered to constitute a duplicative housing subsidy.
Under 24 CFR Part 982 § 982.311, housing assistance payments (HAP) under the Section 8 voucher program flow to the property owner only while a lease is active and the assisted family is living in the unit. If an owner begins eviction proceedings but the family remains in place, the public housing authority (PHA) must keep making payments until a court judgment or equivalent legal process authorizing eviction is obtained. Payments stop entirely once the lease ends, the HAP contract terminates, the PHA ends the family's assistance, or the family moves out — though the owner may retain the payment for the calendar month in which the family departs.
Plain English — not legal advice.
Under § 982.311, compliant operators generally ensure that HAP payments are tracked against actual occupancy, since payments cannot lawfully continue after a family vacates the unit beyond the move-out month. When an owner initiates eviction proceedings while the family remains in residence, the HAP contract requires the PHA to continue payments until a court judgment or equivalent legal process is secured — meaning operators typically document the eviction timeline carefully to maintain an uninterrupted payment record. Owners also generally account for the rule that the move-out month's payment may be retained, but no further HAP funds are due after that point.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 982.311 establishes that a family's housing assistance is tied to active occupancy under a valid lease, which means a PHA must keep making payments to an owner who has started eviction proceedings as long as the family still lives in the unit and no court judgment has been entered. Tenants in the Section 8 voucher program who believe HAP payments have been improperly stopped or that their assistance has been terminated may have grounds to raise that issue as a defense in eviction proceedings or to file a complaint with their local PHA. Tenant-rights organizations and legal aid offices familiar with § 982.311 can help individuals understand the general enforcement paths available to them.
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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