HUD PIH Notice § 2012-24

Rent to Owners in subsidized projects under the Housing Choice Voucher (HCV) program (HUD PIH Notices)

HUD guidance — not codified law
In Force
Verified 10/14/2026 · Next check 10/21/2026
effective 10/6/2026FederalAffordable Housing Programs

Operative Text

HUD PIH Notice § 2012-24
                     U.S. Department of Housing and Urban Development
                             Office of Public and Indian Housing

   ________________________________________________________________________
   Special Attention of: Section 8 Public    Notice PIH-2012-24
   Housing Agencies; HUD Office of
   Public Housing Directors; Section 8       Issued: May 22, 2012
   Financial Management Center; Multi-
   Family Program Centers
                                             Expires: Effective until amended,
                                                      superseded, or rescinded

                                                      __________________________
                                                     Cross References: 2011-1
   ________________________________________________________________________
   Subject: Rent to Owners in subsidized projects under the Housing Choice Voucher
   (HCV) program1

1. Purpose:
   The purpose of this Notice is to provide guidance to Public Housing Authorities (PHAs)
   when determining the rent to owner for an HCV tenancy when the participant family
   chooses to lease a unit under the HCV program in any of the following types of federally
   subsidized projects:

                  An insured or non-insured Section 236 project
                  A Section 202 project2
                  A Section 221(d)(3)3 below market interest rate (BMIR) project; or
                  A Section 515 project of USDA’s Rural Development Program

   This Notice supersedes PIH Notice 2011-1.

2. Background:
   In an audit conducted by the Office of the Inspector General (OIG), significant
   inaccuracies were found in the calculation of the rent to owner for HCV participants
   residing in subsidized multifamily properties.




   1
     http://www.hud.gov/offices/pih/programs/hcv/
   2
     http://www.hud.gov/offices/hsg/mfh/progdesc/eld202.cfm
   3
     http://www.hud.gov/offices/hsg/mfh/progdesc/rentcoophsg221d3n4.cfm
     Owners of units subsidized by the above federal housing subsidy programs receive lower
     mortgage interest rates or other subsidies in order to maintain the affordability of the
     units at a below market rate. As such, when an HCV participant leases a unit in one of
     the enumerated projects listed above, the rent to owner should be set at the subsidized
     rental rate, rather than the market rent for the area, provided the rent is reasonable in
     accordance with 24 CFR §982.507 as determined by the HCV administering agency.
     This guidance is intended to remind PHAs of the manner in which the rent to owner is
     determined when an HCV participant leases a unit in a subsidized property.

3. Rent to Owner in Subsidized Projects:
   As stated in 24 CFR §982.521, when a family leases a unit under the HCV program in an
   insured or non-insured Section 236 project, Section 202 project, Section 221(d)(3) BMIR
   project, or a Section 515 project of the Rural Development Program, the rent to owner
   must equal the rent set by the respective subsidy programs and be reasonable in
   comparison to rent for other unassisted units, as determined by the HCV administering
   agency, in accordance with 24 CFR §982.507.

     In order to confirm the subsidized rental rate for Sections 236, 202, 221(d)(3) BMIR or
     Section 515 projects, contact your local Multifamily Hub or Program Center.4

4. Prohibition Against Other Housing Subsidy:
   The federally subsidized projects discussed above may, in some circumstances, contain
   units that also receive the benefit of a State, local, or federal, housing subsidy (e.g.,
   Section 8 project-based housing assistance payments contract). Such units are ineligible
   units under the HCV program. In accordance with program regulations at 24 CFR
   §982.352 (c), a HCV family may not receive the benefit of tenant-based assistance under
   the HCV program for a unit in which there is any other duplicative federal, State or local
   housing subsidy.

5. Paperwork Reduction Act:
   The information collection requirements contained in this Notice have been approved by
   the Office of Management and Budget (OMB) under the Paperwork Reduction Act
   (PRA) of 1995 (44 U.S.C. 3520). In accordance with the PRA, HUD may not conduct or
   sponsor, and a person is not required to respond to, a collection of information unless the
   collection displays a currently valid OMB control number. The information contained in
   this Notice has been approved under the PRA OMB Control Number 2577-0169.

6.    Questions:
     Inquiries about this Notice should be directed to staff in the Housing Voucher
     Management and Operations Division,5 Office of Public Housing and Voucher Programs,




     4
         http://portal.hud.gov/portal/page/portal/HUD/localoffices
     5
         http://www.hud.gov/offices/pih/programs/hcv/mod.cfm
at (202) 708-0477. Persons with hearing or speech impairments may access this number
through TTY by calling the toll-free Federal Information Relay Service at (800)
877-8339.




                                          ______________/s/___________________
                                          Sandra B. Henriquez, Assistant Secretary for
                                          Public and Indian Housing

Source: Legislative text reproduced verbatim
Plain English

PIH Notice § 2012-24 establishes how rent payments to property owners must be calculated when a Housing Choice Voucher (HCV) participant chooses to lease a unit in certain federally subsidized housing projects, including Section 236, Section 202, Section 221(d)(3) BMIR, and USDA Section 515 properties. Under this rule, the rent paid to the owner is set at the subsidized rate established by the applicable subsidy program—not at the prevailing market rent for the area—so long as that rent is deemed reasonable under 24 CFR §982.507. Additionally, units that already receive another federal, state, or local housing subsidy are ineligible for HCV tenant-based assistance, preventing the stacking of duplicate subsidies on a single unit.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Owners of federally subsidized properties covered by PIH Notice § 2012-24—such as Section 236, Section 202, Section 221(d)(3) BMIR, or USDA Section 515 projects—should be aware that when an HCV participant occupies one of their units, the rent to owner is set at the program's subsidized rate rather than market rent, subject to a reasonableness determination by the administering Public Housing Authority (PHA) under 24 CFR §982.507. Compliant operators typically work with their local Multifamily Hub or Program Center to confirm the applicable subsidized rental rate and provide that documentation to the PHA. Owners should also verify whether any of their units carry an additional project-based subsidy, as such units are ineligible for HCV tenant-based assistance under 24 CFR §982.352(c).

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

For Tenants

PIH Notice § 2012-24 affects HCV participants who are considering leasing a unit in a federally subsidized project, such as a Section 236, Section 202, Section 221(d)(3) BMIR, or USDA Section 515 property. Tenants in these situations have a right to have their rent-to-owner calculation based on the subsidized rate—not market rent—as long as the amount is found reasonable by the administering PHA under 24 CFR §982.507. If a tenant believes their rent has been calculated incorrectly, they may raise the issue with their local PHA, contact HUD's Housing Voucher Management and Operations Division at (202) 708-0477, or reach out to a local 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 October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Oct 6, 2026
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Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

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