§ 983.2 When the tenant-based voucher rule (24 CFR part 982) applies.
Link to an amendment published at 89 FR 38304, May 7, 2024.
(a) 24 CFR Part 982. Part 982 is the basic regulation for the tenant-based voucher program. Paragraphs (b) and (c) of this section describe the provisions of part 982 that do not apply to the PBV program. The rest of part 982 applies to the PBV program. For use and applicability of voucher program definitions at § 982.4, see § 983.3.
(b) Types of 24 CFR part 982 provisions that do not apply to PBV. The following types of provisions in 24 CFR part 982 do not apply to PBV assistance under part 983.
(1) Provisions on issuance or use of a voucher;
(2) Provisions on portability;
(3) Provisions on the following special housing types: Shared housing, manufactured home space rental, and the homeownership option.
(c) Specific 24 CFR part 982 provisions that do not apply to PBV assistance. Except as specified in this paragraph, the following specific provisions in 24 CFR part 982 do not apply to PBV assistance under part 983.
(1) In subpart E of part 982: paragraph (b)(2) of § 982.202 and paragraph (d) of § 982.204;
(2) Subpart G of part 982 does not apply, with the following exceptions:
(i) Section 982.310 (owner termination of tenancy) applies to the PBV program, but to the extent that those provisions differ from § 983.257, the provisions of § 983.257 govern; and
(ii) Section 982.312 (absence from unit) applies to the PBV Program, but to the extent that those provisions differ from § 983.256(g), the provisions of § 983.256(g) govern; and
(iii) Section 982.316 (live-in aide) applies to the PBV Program;
(3) Subpart H of part 982;
(4) In subpart I of part 982: § 982.401; paragraphs (a)(3), (c), and (d) of § 982.402; § 982.403; § 982.405(a); and § 982.407;
(5) In subpart J of part 982: § 982.455;
(6) Subpart K of Part 982: subpart K does not apply, except that the following provisions apply to the PBV Program:
(i) Section 982.503 (for determination of the payment standard amount and schedule for a Fair Market Rent (FMR) area or for a designated part of an FMR area). However, provisions authorizing approval of a higher payment standard as a reasonable accommodation for a particular family that includes a person with disabilities do not apply (since the payment standard amount does not affect availability of a PBV unit for occupancy by a family or the amount paid by the family);
(ii) Section 982.516 (family income and composition; regular and interim examinations);
(iii) Section 982.517 (utility allowance schedule);
(7) In subpart M of part 982:
(i) Sections 982.603, 982.607, 982.611, 982.613(c)(2), 982.619(a), (b)(1), (b)(4), (c); and
(ii) Provisions concerning shared housing (§ 982.615 through § 982.618), manufactured home space rental (§ 982.622 through § 982.624), and the homeownership option (§ 982.625 through § 982.641).
[70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36165, June 25, 2014; 81 FR 12377, Mar. 8, 2016; 88 FR 30504, May 11, 2023]
