24 C.F.R. § 982.317
§ 982.317 Lease-purchase agreements. (24 CFR Part 982)
Operative Text
(a) A family leasing a unit with assistance under the program may enter into an agreement with an owner to purchase the unit. So long as the family is receiving such rental assistance, all requirements applicable to families otherwise leasing units under the tenant-based program apply. Any homeownership premium (e.g., increment of value attributable to the value of the lease-purchase right or agreement such as an extra monthly payment to accumulate a downpayment or reduce the purchase price) included in the rent to the owner that would result in a higher subsidy amount than would otherwise be paid by the PHA must be absorbed by the family. (b) In determining whether the rent to owner for a unit subject to a lease-purchase agreement is a reasonable amount in accordance with § 982.503, any homeownership premium paid by the family to the owner must be excluded when the PHA determines rent reasonableness.
Under 24 CFR Part 982 § 982.317, a family receiving Housing Choice Voucher rental assistance is permitted to enter into a lease-purchase agreement with an owner while still receiving that assistance. During the period the family continues to receive rental assistance, all standard tenant-based program rules remain in effect. If the lease-purchase arrangement includes a homeownership premium—such as an extra monthly payment toward a down payment or to reduce the eventual purchase price—any portion of that premium that would increase the PHA's subsidy above the normal amount must be paid entirely by the family, not the housing authority. Additionally, when the PHA evaluates whether the rent is reasonable under § 982.503, it sets aside any homeownership premium the family pays, assessing only the base rent.
Plain English — not legal advice.
Under § 982.317, owners who enter into lease-purchase agreements with voucher-assisted families should be aware that the PHA's subsidy obligation does not increase to cover any homeownership premium built into the rent. Compliant operators structure lease-purchase arrangements so that the base rent—excluding any premium tied to the lease-purchase right—is the figure submitted for the PHA's rent reasonableness determination under § 982.503. Owners generally document the homeownership premium separately from the base rent to facilitate a clear and transparent review process with the PHA.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 982.317 gives voucher-assisted families the right to enter into a lease-purchase agreement with an owner while continuing to receive rental assistance, with all standard program protections remaining in place. Families should be aware that any homeownership premium included in the arrangement—such as extra payments building toward a down payment—is the family's financial responsibility and will not be covered by an increased PHA subsidy. Tenants who have questions about how a lease-purchase agreement interacts with their voucher benefits can contact their local PHA, a HUD-approved housing counseling agency, or a tenant-rights organization for general information about how § 982.317 applies to their circumstances.
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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