HUD PIH Notice § 2023-06
Notice on Remedies PHAs have for Poor Performing Owners in the Housing Choice Voucher and Project-Based Voucher Program (HUD PIH Notices)
Operative Text
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000
OFFICE OF PUBLIC AND INDIAN HOUSING
____________________________________________________________
Special Attention of: Notice PIH 2023 - 06
Office Directors of Public Housing;
Regional Directors; Public Housing Issued: March 31, 2023
Agencies.
Expires: Effective until amended,
superseded, or rescinded
Cross References:
SUBJECT: Notice on Remedies PHAs have for Poor Performing Owners in the Housing
Choice Voucher and Project-Based Voucher Programs
1. Applicability: This Notice applies to public housing agencies (PHAs) that administer the
Housing Choice Voucher (HCV) and Project-Based Voucher (PBV) programs.
2. Purpose: This notice is to remind PHAs of the remedies they have available when owners
fail to comply with HCV and PBV policies and procedures, particularly those requirements
that relate to the safety of the unit. This notice also reminds PHAs of when owners must be
prohibited from participating in their HCV and PBV programs, and when PHAs may exercise
discretion to prohibit owners from participating in their programs. PIH is issuing this notice
to:
• Remind PHAs and property owners in the HCV and PBV programs of the
importance of complying with program requirements;
• Remind PHAs of the remedies they have available when owners fail to comply
with program requirements;
• Remind PHAs of potential discretionary policies they may adopt to preclude
owners from future participation in their HCV and PBV programs;
• Remind PHAs of mandatory reasons for disapproval of owners in the HCV and
PBV programs;
• Remind PHAs and property owners of HUD’s potential remedies when PHAs fail
to ensure owners’ compliance with statutory, regulatory, and/or Housing
Assistance Payment (HAP) Contract requirements.
3. Background: The HCV and PBV programs have an important role in maximizing the reach
of HUD’s rental assistance programs to assist as many households as possible. The HCV
program seeks to address the demand for assisted renters to have equitable access to quality
housing options best suited to their needs. To do this HUD is furthering efforts to ensure
housing tied to HUD rental assistance consistently meets decent, safe, and sanitary standards.
The HCV and PBV programs work in partnership with local communities and property
owners to provide decent, safe, and sanitary housing for those in need. While the vast
majority of owners who participate in the program follow program requirements as set forth
in the HAP contract, there are circumstances where PHAs have to enforce compliance with
program requirements. The requirement that program funds be used in units that are decent,
safe, sanitary, and in good repair is a cornerstone of HUD’s mission.
4. PHA Remedies for Non-Compliance with HAP Contract: The Housing Assistance
Payment (HAP) contract is the primary document that governs the relationship between the
owner of a unit in the HCV and PBV programs and the PHA. The HAP contract and HUD
regulations at 24 CFR section 982.4531 lay out the following as breaches of the contract by
the owner (including a principal or other interested party such as a property manager):
“(1) If the owner has violated any obligation under the HAP contract for the dwelling
unit, including the owner’s obligation to maintain the unit in accordance with the
Housing Quality Standards (HQS).
(2) If the owner has violated any obligation under any other HAP contract under Section
8 of the 1937 Act (42 U.S.C. 1437f).
(3) If the owner has committed fraud, bribery or any other corrupt or criminal act in
connection with any federal housing program.
(4) For projects with mortgages insured by HUD or loans made by HUD, if the owner has
failed to comply with the regulations for the applicable mortgage insurance or loan
program, with the mortgage or mortgage note, or with the regulatory agreement; or if the
owner has committed fraud, bribery or any other corrupt or criminal act in connection
with the mortgage or loan.
(5) If the owner has engaged in drug-related criminal activity.
(6) If the owner has committed any violent criminal activity.”
The most common violation is failure to maintain the unit in accordance with HQS. The
requirement that program funds be used in units that are decent, safe, sanitary, and in good
repair is a cornerstone of HUD’s mission. If the owner fails to maintain the dwelling unit in
accordance with HQS, the PHA must take prompt and vigorous action to enforce the owner
obligations.2 The PHA may inspect the unit and premises at any time the PHA determines
necessary to ensure that the unit meets HQS and must notify the owner of any HQS
deficiencies uncovered.3 The PHA must not make any housing assistance payments to the
owner if the unit is in violation of HQS unless the owner corrects the deficiencies within the
required timeframe and the PHA verifies that the corrections have been properly made. If a
defect is life threatening, the owner must correct the defect within no more than 24 hours. For
1
This provision also applies to the PBV program per 24 CFR § 983.2(a).
2
24 CFR § 982.404 (a)(2) and 983.2(a) for PBV
3
Form HUD-52641, Page 4, Part B Section 3 e and HUD-52530B Part 2 § 8(b)(5) and HUD-52530A Part 2 §
8(b)(5) for PBV
2
other defects, the owner must correct the defect within no more than 30 calendar days (or any
PHA-approved extension).4
When the PHA determines the HAP contract is breached for HQS or other reasons, the PHA
must take certain steps to comply with the HAP contract and program requirements. In the
event of the breach of the HAP contract, the PHA must notify the owner in writing of the
determination of the breach and the reasons for that determination.5 The notice may require
the owner to take a corrective action by an established deadline. The PHA may recover any
overpayment, suspend housing assistance payments, abate, or reduce the housing assistance
payment, terminate the payment or terminate the HAP contract. The PHA may also obtain
additional relief by judicial order or action, including specific performance, other injunctive
relief, or order for damages. The PHA must provide the owner with written notice of any
termination or reduction in housing assistance payments or the termination of the HAP
contract.
5. When PHAs are Required to Exclude Owners from the HCV and PBV Programs: As
mentioned above, PHAs have contractual remedies under the HAP contract for non-
compliance, and also can take proactive steps to prevent certain owners from participating in
the HCV and PBV programs. Prior to PHA approval of the assisted tenancy and the
execution of a HAP contract, the PHA must ensure the owner is eligible for the program per
24 CFR section 982.306.
Consistent with 24 CFR 982.306(a) and (b), the PHA must not approve an owner’s
participation in the program if:
• The PHA is informed (by HUD or otherwise) that the owner is debarred, suspended,
or subject to a limited denial of participation under 24 CFR part 24;6
• HUD directs the PHA not to approve the owner’s participation in the program
because the federal government has instituted an administrative or judicial action
against the owner for a violation of the Fair Housing Act or other federal equal
opportunity requirements, including, but not limited to, Title VI of the Civil Rights
Act, Section 504 of the Rehabilitation Act, Violence Against Women Act, or the
Americans with Disabilities Act, and such action is pending; and
• HUD directs the PHA not to approve an owner’s participation in the program because
a court or administrative agency has determined that the owner violated the Fair
4
In the case of PHA-owned units in the PBV program, the inspections required under this section must be
performed by an independent agency designated in accordance with § 983.59, rather than by the PHA. See also
982.404 and 983.2(a)) and the PHA-owned requirement for HCV (982.352(b)(1)(iv)(A)(3)).
5
Form HUD-52641, Page 6, Part B Section 10b
6
HUD’s Departmental Enforcement Center pursues suspension and debarment actions that result in the exclusion of
a sanctioned party from further participation in HUD procurement and non-procurement programs and other Federal
Government programs. Suspensions and debarments are not punitive measures but are part of a government-wide
administrative sanctions initiative to ensure the highest standards of professional conduct and ethical business
practices by the Federal Government’s business partners. Suspensions are generally enacted after an indictment is
issued. Debarments are generally issued after a criminal conviction or when serious program violations are detected.
See the “Excluded Parties Listing System” at https://sam.gov/SAM/ for a complete compilation of suspended and
debarred individuals and organizations.
3
Housing Act or other federal equal opportunity requirements, including, but not
limited to, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act,
Violence Against Women Act, or the Americans with Disabilities Act.
6. When PHAs Have Discretion to Exclude Owners from their HCV and PBV Programs:
PHAs can adopt policies that prospectively exclude owners from participating in their HCV
and PBV programs. In adopting these policies, PHAs should consider the severity of the
owner’s previous infractions, whether it is a pattern or practice, and the potential impact on
the PHA’s HCV and PBV programs. Such policy must be adopted in the PHA’s
Administrative Plan in accordance with 24 CFR section 982.54(d)(8). Consistent with 24
CFR 982.306(c), the PHA may exclude owners from participating in the program for any of
the following reasons:7
• The owner has violated obligations under one or more HAP contracts under the HCV
or PBV programs or any other housing program under Section 8 of the U.S. Housing
Act of 1937;
• The owner has committed fraud, bribery or any other corrupt or criminal act in
connection with any federal housing program;
• The owner is currently engaged in or has participated in recent drug-related criminal
activity or violent criminal activity;
• The owner has or has had a practice of non-compliance with HQS in HCV or PBV
program units or with applicable housing standards for units leased under any federal
housing program;
• The owner has a history or practice of refusing to evict tenants assisted under the
HCV or PBV programs or other federally assisted housing, for activity by the tenant,
household member, a guest, or another person under the control of any member of the
household that:
o Threatens the right to peaceful enjoyment of the premises by other residents or
of persons residing in the immediate vicinity of the premises;
o Threatens the health or safety of residents, persons residing in the immediate
vicinity of the premises, PHA employees, or owner employees engaged in
managing the housing; or
o Is currently engaged in drug-related criminal activity or violent criminal
activity;
• The owner has a history or practice of renting units that fail to meet state or local
housing codes; or
• The owner has not paid State or local real estate taxes, fines, or assessments.
PHAs are reminded that owners can adopt and implement alternative strategies to eviction to
address tenant actions that are in breach of the lease agreement and use eviction as a last
resort option to remedy noncompliance. PHAs should not discourage or otherwise penalize
owners for using appropriate and effective means other than eviction, nor should PHAs
discourage or otherwise penalize owners for considering the nature, severity, and recency of
the offense, or any mitigating circumstances such as participation in substance use treatment
7
24 CFR § 982.306(c)
4
services or other rehabilitative services, prior to moving to evict a tenant. When deciding
whether to exclude an owner from participation for a history or practice of refusing to evict,
PHAs should take into account whether an owner implements sound practices when
determining whether to evict individuals based on criminal activity.8 Sound practices include
but are not limited to relying on accurate and reliable objective evidence, conducting
individualized assessments that consider mitigating factors, and considering the potential
applicability of Violence Against Women Act (VAWA)’s housing protections for survivors
of domestic violence, dating violence, sexual assault, and stalking. PHAs should also take
into account whether an owner institutes policies or practices that promote eviction in a
manner that gives rise to fair housing concerns.
In addition, if deciding whether to exclude an owner for participation in drug-related criminal
activity or violent criminal activity, PHAs should consider the nature, severity, and recency
of the offense, as well as any mitigating circumstances.
7. HUD Remedies for PHA Failure to Comply with Obligations under the HAP Contract:
In most cases, PHAs are diligent in complying with their obligation under the HAP contract;
however, there are circumstances that require HUD intervention. PHAs are required to
follow, and have owners follow, the requirements of the United State Housing Act of 1937 as
well as HUD regulations, the PHA’s approved administrative plan, and HUD-approved
funding applications.9
HUD has several options in the case of a PHA’s failure to comply with program
requirements. HUD has the authority to reduce or offset the PHA’s HCV administrative fee if
the PHA fails to perform PHA administrative responsibilities correctly or adequately under
the program (for example, PHA failure to enforce HQS requirements or to reimburse a
receiving PHA promptly under portability procedures).10 If a PHA has not administered any
Section 8 program correctly, HUD may also prohibit use of funds in the administrative fee
reserve, and may direct the PHA to use funds in the reserve to improve administration of the
program or to reimburse ineligible expenses.11
HUD can also reduce HAP amounts to PHAs when PHAs fail to comply with the statutory or
regulatory requirements. If HUD determines that the PHA has failed to comply with any
statutory or regulatory obligations, HUD may reduce to an amount determined by HUD the
amount of any funding increment and/or the contract authority or budget authority for any
funding increment.12 HUD must provide written notice and include a revised funding exhibit
specifying the term, contract authority, and budget authority for each funding increment
under the consolidated Annual Contributions Contract.
In relatively rare cases where HUD may view the PHA as having failed to take appropriate
8
See Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal
Records by Providers of Housing and Real Estate-Related Transactions, available at:
https://www.fairhousingnc.org/wp-content/uploads/2016/04/HUD-Guidance-on-Criminal-Records-2016.pdf.
9
24 CFR § 982.153153
10
24 CFR § 982.152 (d)
11
24 CFR § 982.155 (b) (3)
12
2424 CFR § 982.153
5
action to enforce the PHA’s rights under the HAP contract, HUD could declare that the PHA
is in default.13 These circumstances include when:
(1) The PHA has failed to comply with any statutory or regulatory obligations;
(2) The PHA has failed to comply with obligations under a HAP contract;
(3) The PHA has failed to take appropriate action, to HUD’s satisfaction or as directed by
HUD, for enforcement of the PHA’s rights under a HAP contract; or
(4) The PHA has made any misrepresentation to HUD of any material fact.
HUD must provide this determination in writing. In the case of default, HUD may take
possession of all or any PHA property, rights, or interests in connection with a program,
including funds held by a depositary, program receipts, and rights or interests under a
contract for HAP with an owner.14 Finding a PHA is in default is a step that HUD only takes
as a last resort. HUD works with PHAs using less stringent remedies before taking the step of
finding PHAs in default. Nevertheless, it remains a possibility in egregious circumstances,
and one that HUD does not waive by taking less stringent measures.
In addition to HUD remedies against PHAs, HUD may, where the PHA has properly
enforced HQS regulations, appropriately documented and provided justification, initiate
claims against the owner under the Program Fraud and Civil Remedies Act (PFCRA). The
regulations pertaining to PFCRA can be found at (43 CFR 35.1 – 35.47).
8. Consideration of Remedies for PBV non-compliance: The Project-Based Voucher (PBV)
program has grown considerably over the past five years. HOTMA provisions and
repositioning efforts have rapidly increased the proportion of the HCV program that is
comprised of PBVs. HUD’s HCV dashboard indicates that proportion has risen from 5.1
percent in April 2016 to 12.8 percent in January 2022.15 PBVs can be an important part of a
strategy for PHAs to preserve and expand affordable housing.
Given the growing importance of PBVs to the HCV program and to many PHA’s affordable
housing stock, it is essential to ensure that owners are compliant with all program
requirements, particularly as it relates to the safety and quality of housing. PHAs should be
sure to also do due diligence prior to selecting a project or entering into the Agreement to
Enter into a HAP contract to ensure that the potential owner does not have a poor track
record with other PBV projects. For projects considered “PHA-Owned,” PHAs must follow
all relevant requirements related to independent entities.
In the case of owners that fail to comply with program requirements, there are the variety of
potential remedies that PHAs can take that are listed above in Section 4. For instance, if a
PHA finds that a contract unit is not compliant with HQS, PHAs can adopt a variety of
remedies such as termination, suspension or reduction of housing assistance payments, and
termination of the HAP contract.
13
24 CFR § 907.3
14
24 CFR § 907.77
15
https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/dashboard
6
While working towards voluntary compliance through education and technical assistance can
be beneficial in some circumstances, PHAs may find the need at times to take more stringent
measures. If the PHA fails to take action to enforce the HAP contract and program
requirements, HUD can act as described in Section 7. HUD can also impose civil money
penalties against an owner (under 24 CFR 30.68) or debarment/suspension (24 CFR 5.105(c),
2 CFR part 2424), and can also assume the PHA’s rights and obligations under the contract
(and perform such obligations and enforce such rights) if HUD determines that the PHA has
failed to take appropriate action (per Section 14 of the PBV HAP contracts).
For further information: Contact Nick Bilka, Office of Public and Indian Housing,
Department of Housing and Urban Development, 451 7th Street, SW, Room 4214,
Washington, DC 20410-5000
Dominique Blom
General Deputy Assistant Secretary
for Public and Indian Housing
7
PIH Notice 2023-06 outlines the framework governing how Public Housing Agencies (PHAs) and HUD can respond when owners participating in the Housing Choice Voucher (HCV) and Project-Based Voucher (PBV) programs fail to meet program requirements. Under this notice, PHAs have a range of contractual remedies available — from suspending or abating housing assistance payments to terminating HAP contracts entirely — when owners breach their obligations, particularly those related to housing quality and safety. The notice also distinguishes between situations where PHAs are required to exclude owners from program participation and situations where exclusion is discretionary. HUD itself retains oversight authority and may intervene against PHAs that fail to enforce owner compliance, up to and including declaring a PHA in default.
Plain English — not legal advice.
Property owners participating in the HCV or PBV programs under PIH Notice 2023-06 are expected to maintain units in accordance with Housing Quality Standards (HQS) and to fulfill all obligations set forth in their HAP contracts. Compliant operators typically respond promptly to inspection findings — correcting life-threatening deficiencies within 24 hours and other deficiencies within 30 calendar days — and maintain documentation of repairs and communications with the PHA. Owners with a history of HAP contract violations, fraud, criminal activity, or persistent HQS non-compliance risk suspension of housing assistance payments, HAP contract termination, exclusion from future program participation, or civil money penalties under 24 CFR 30.68 as described in this notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
PIH Notice 2023-06 reinforces that units receiving HCV or PBV assistance must meet decent, safe, and sanitary standards, and that PHAs are obligated to take prompt action when those standards are not met. Tenants living in assisted units who believe their unit has unresolved health or safety deficiencies may contact their local PHA, which is responsible under this notice for inspecting units and enforcing owner obligations — including withholding housing assistance payments when necessary. Tenants can also reach out to HUD's Office of Public and Indian Housing or a local tenant-rights organization to understand what protections and complaint pathways may be available to them under this notice and related HCV and PBV program rules.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.