[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR982.1]

[Page 557]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 982--SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM--Table of Contents
 
                     Subpart A--General Information
 
Sec. 982.1  Programs: purpose and structure.

    Source: 60 FR 34695, July 3, 1995, unless otherwise noted.


    (a) General description. (1) In the HUD Housing Choice Voucher 
Program (Voucher Program) and the HUD certificate program, HUD pays 
rental subsidies so eligible families can afford decent, safe and 
sanitary housing. Both programs are generally administered by State or 
local governmental entities called public housing agencies (PHAs). HUD 
provides housing assistance funds to the PHA. HUD also provides funds 
for PHA administration of the programs. PHAs are no longer allowed to 
enter into contracts for assistance in the certificate program.
    (2) Families select and rent units that meet program housing quality 
standards. If the PHA approves a family's unit and tenancy, the PHA 
contracts with the owner to make rent subsidy payments on behalf of the 
family. A PHA may not approve a tenancy unless the rents is reasonable.
    (3) In the certificate program, the rental subsidy is generally 
based on the actual rent of a unit leased by the assisted family. In the 
voucher program, the rental subsidy is determined by a formula.
    (4)(i) In the certificate program, the subsidy for most families is 
the difference between the rent and 30 percent of adjusted monthly 
income.
    (ii) In the voucher program, the subsidy is based on a local 
``payment standard'' that reflects the cost to lease a unit in the local 
housing market. If the rent is less than the payment standard, the 
family generally pays 30 percent of adjusted monthly income for rent. If 
the rent is more than the payment standard, the family pays a larger 
share of the rent.
    (b) Tenant-based and project-based assistance. (1) Section 8 
assistance may be ``tenant-based'' or ``project-based''. In project-
based programs, rental assistance is paid for families who live in 
specific housing developments or units. With tenant-based assistance, 
the assisted unit is selected by the family. The family may rent a unit 
anywhere in the United States in the jurisdiction of a PHA that runs a 
voucher program.
    (2) To receive tenant-based assistance, the family selects a 
suitable unit. After approving the tenancy, the PHA enters into a 
contract to make rental subsidy payments to the owner to subsidize 
occupancy by the family. The PHA contract with the owner only covers a 
single unit and a specific assisted family. If the family moves out of 
the leased unit, the contract with the owner terminates. The family may 
move to another unit with continued assistance so long as the family is 
complying with program requirements.

[60 FR 34695, July 3, 1995, as amended at 64 FR 26640, May 14, 1999]