24 C.F.R. § 983.211
§ 983.211 Removal of unit from HAP contract based on a family's increased income. (24 CFR Part 983)
Operative Text
(a) Removal of a unit based on a family's increased income. Units occupied by families whose income has increased during their tenancy resulting in the total tenant payment equaling the gross rent shall be removed from the HAP contract 180 days following the last housing assistance payment on behalf of the family. (b) Reinstatement or substitution of HAP contracts. If the project is fully assisted, a PHA may reinstate the unit removed under paragraph (a) of this section to the HAP contract after the ineligible family vacates the property. If the project is partially assisted, a PHA may substitute a different unit for the unit removed under paragraph (a) of this section to the HAP contract when the first eligible substitute becomes available. A reinstatement or substitution of units under the HAP contract, in accordance with this paragraph, must be permissible under § 983.207(b) or (a), respectively. (c) Additional requirements. The anniversary and expirations dates of the reinstated or substituted unit must be the same as all other units under the HAP contract (i.e., the annual anniversary and expiration dates for the first contract units placed under the HAP contract). Families must be selected in accordance with program requirements under § 983.251 of this part.
Under 24 CFR Part 983 § 983.211, when a family's income rises to the point where their total tenant payment covers the full gross rent—meaning no housing subsidy is needed—their unit must be removed from the Housing Assistance Payments (HAP) contract 180 days after the last assistance payment made on their behalf. Once a unit is removed, the rules differ depending on whether the project is fully or partially assisted: a fully assisted project may bring the unit back onto the HAP contract after the family leaves, while a partially assisted project may swap in a different eligible unit. Any reinstated or substituted unit must share the same anniversary and expiration dates as the original contract units, and new families must be selected according to program eligibility rules.
Plain English — not legal advice.
Property owners and managers operating under a HAP contract governed by 24 CFR Part 983 § 983.211 generally track tenant income throughout the tenancy to identify when a family's total tenant payment reaches the gross rent threshold. Compliant operators document the date of the last housing assistance payment and initiate the 180-day removal timeline accordingly. For fully assisted projects, operators typically prepare to reinstate the unit to the HAP contract once the ineligible family vacates; for partially assisted projects, they work with the PHA to substitute an eligible unit as soon as one becomes available, ensuring the reinstated or substituted unit carries the correct anniversary and expiration dates consistent with the original HAP contract.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 983 § 983.211, a tenant whose income increases enough to cover the full rent without a subsidy will see their unit removed from the HAP contract after a 180-day period following the last assistance payment—this does not automatically mean the tenancy ends, but it does affect the subsidy structure. Tenants in this situation may want to understand how this transition interacts with their lease terms and any remaining program rights. Tenant-rights organizations or a local legal aid office can help explain how § 983.211 applies to a particular housing program, and tenants may also contact their local Public Housing Authority (PHA) for information about program requirements and any available options.
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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