HUD HCV Guidebook § 2.4

Conflicts of Interest (HUD HCV Guidebook)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/25/2026FederalSection 8 HCV

Operative Text

HUD HCV Guidebook § 2.4
PHAs must10 not approve HAP contracts in which a “covered individual” has any direct or indirect
interest in the HAP contract or in any benefits or payments under the contract while that person is a
covered individual or for one year thereafter. This includes the interest of an immediate family
member of a covered individual. “Immediate family member” means the spouse, parent (including
stepparent), child (including stepchild), grandparent, grandchild, sister or brother (including
stepsister or stepbrother) of any covered individual.

8 24 CFR § 982.306 (c)
9 24 CFR § 982.306(d)
10 24 CFR § 982.161 (a)

A “covered individual” is defined as a person or entity who is a member of any of the following
classes:

       Present or former member or officer of the PHA, except a participant commissioner;
       Employee of the PHA or any contractor, subcontractor, or agent of the PHA who formulates
        policy or influences program decisions;
       Public official, member of a governing body, or state or local legislator who exercises
        functions or responsibilities related to the program; or
       Member of the U.S. Congress.

The owner certifies that no person or entity has or will have a prohibited interest at execution of the
HAP contract or at any time during the term of the HAP contract. If a prohibited interest occurs, the
owner is required to fully disclose this interest to the PHA and to HUD.

When the PHA encounters such a situation, the PHA needs to consider whether a waiver request is
appropriate before approving the HAP contract. If the PHA decides to submit a request to waive the
conflict of interest regulation,11 the PHA must12 submit the waiver request demonstrating the good
cause to waive the regulation to the HUD field office, which in turn, submits the waiver to HUD
Headquarters for consideration. HUD Headquarters may waive the conflict-of-interest prohibition for
good cause.
Source: Legislative text reproduced verbatim
Plain English

Section 2.4 of the HUD Housing Choice Voucher Guidebook prohibits Public Housing Authorities (PHAs) from approving Housing Assistance Payment (HAP) contracts when a 'covered individual' — such as a PHA officer, employee, public official, or member of Congress — holds any direct or indirect financial interest in that contract. This restriction extends to the immediate family members of covered individuals and remains in effect for one year after a person leaves their covered role. A waiver of this conflict-of-interest prohibition is possible only if the PHA submits a formal good-cause request through its HUD field office, which then forwards it to HUD Headquarters for final consideration.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 26, 2026

Plain English — not legal advice.

For Property Managers

Under HUD Housing Choice Voucher Guidebook § 2.4, property owners who enter into HAP contracts must certify at signing — and throughout the contract term — that no covered individual or their immediate family member holds a prohibited interest in the contract or its payments. If a conflict of interest arises at any point during the contract, the owner is generally expected to make full disclosure to both the PHA and HUD promptly. Compliant operators maintain awareness of any relationships between their ownership structure and PHA personnel, and they document that no such prohibited interests exist before executing a HAP contract.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

HUD Housing Choice Voucher Guidebook § 2.4 is designed to protect the integrity of the Housing Choice Voucher program by ensuring that HAP contracts are not influenced by the personal financial interests of PHA officials, employees, or related public figures. As a voucher holder, this provision helps ensure that housing placements and contract approvals are made on neutral, program-compliant grounds rather than through improper relationships. Tenants who believe a HAP contract may have been approved in violation of these conflict-of-interest rules can raise the concern with their local PHA, contact the U.S. Department of Housing and Urban Development directly, or reach 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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 25, 2026
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References Out

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Related Rules

§ 888.113
§ 888.113 Fair market rents for existing housing: Methodology.
§ 888.115
§ 888.115 Fair market rents for existing housing: Manner of publication.
§ 0770-01-05-.05
CONFLICT OF INTEREST.

Source Information