24 C.F.R. § 983.352
§ 983.352 Vacancy payment. (24 CFR Part 983)
Operative Text
(a) Payment for move-out month. If an assisted family moves out of the unit, the owner may keep the housing assistance payment payable for the calendar month when the family moves out (“move-out month”). However, the owner may not keep the payment if the PHA determines that the vacancy is the owner's fault. (b) Vacancy payment at PHA discretion. (1) At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner (in the amounts determined in accordance with paragraph (b)(2) of this section) for a PHA-determined period of vacancy extending from the beginning of the first calendar month after the move-out month for a period not exceeding two full months following the move-out month. The PHA must include in its Administrative Plan the PHA's policy on the conditions under which it will allow vacancy payments in a HAP contract, the duration of the payments, amount of vacancy payments it will make to an owner, and the required form and manner of requests for vacancy payments, in accordance with paragraph (b)(4) of this section. (2) The vacancy payment to the owner for each month of the maximum two-month period will be determined by the PHA, and cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the rental payment received by the owner (including amounts available from the tenant's security deposit). Any vacancy payment may cover only the period the unit remains vacant. (3) The PHA may make vacancy payments to the owner only if: (i) The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and containing the date when the family moved out (to the best of the owner's knowledge and belief); (ii) The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during the period for which payment is claimed; (iii) The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and (iv) The owner provides any additional information required and requested by the PHA to verify that the owner is entitled to the vacancy payment. (4) The owner must submit a request for vacancy payments in the form and manner required by the PHA and must provide any information or substantiation required by the PHA to determine the amount of any vacancy payment.
Under § 983.352, when an assisted family moves out of a project-based voucher unit, the owner is generally entitled to retain the housing assistance payment for the month the family vacates. Beyond that move-out month, the rule allows—but does not require—a PHA to authorize additional vacancy payments for up to two more calendar months, subject to conditions and caps tied to the monthly rent. These extended payments are only available when the vacancy is not the owner's fault, and the PHA's own Administrative Plan must spell out the specific conditions, duration, and procedures that govern them.
Plain English — not legal advice.
Operators subject to § 983.352 generally retain the housing assistance payment for the move-out month automatically, provided the PHA does not determine the vacancy resulted from the owner's actions or omissions. To pursue discretionary vacancy payments for the subsequent period—up to two months—compliant operators promptly submit written notice to the PHA certifying the move-out date, confirming the vacancy is not their fault, and documenting every reasonable step taken to re-lease the unit. Owners should review their PHA's Administrative Plan for the specific form, deadlines, and substantiation requirements that govern vacancy payment requests under § 983.352, since each PHA sets its own policies within the federal framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 983.352, a family's departure from a project-based voucher unit triggers rules about what the owner may collect from the housing assistance program during and after the move-out month. Tenants should be aware that an owner's ability to keep or claim these payments can be affected by a PHA finding that the vacancy was the owner's fault—a determination that may be relevant if a tenant believes they were constructively displaced or wrongfully forced out. Tenants who believe an owner is improperly claiming vacancy payments, or that a vacancy was caused by owner conduct, may consider contacting their local PHA, reviewing the PHA's Administrative Plan for applicable policies under § 983.352, or reaching out to a tenant-rights organization for general guidance on 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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