Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-03-01 - Moderate Rehabilitation Program
Section 0770-03-01-.11 - PAYMENTS FOR VACANCIES
Universal Citation: TN Comp Rules and Regs 0770-03-01-.11
Current through September 24, 2024
(1) Vacancies from Execution of Contract to Initial Occupancy. If a Contract unit which has been rehabilitated in accordance with the Program is not leased within 15 days of the effective date of the Contract, the Owner will be entitled to housing assistance payments in the amount of 80 percent of the Contract Rent for the unit for a period not exceeding 60 days from the effective date of the Contract, provided that the Owner.
(a) has
complied with these regulations;
(b) has taken and continues to take all
feasible actions to fill the vacancy; and
(c) has not rejected any eligible applicant
except for good cause acceptable to the Agency.
(2) Vacancies after Initial Occupancy.
(a) If an Eligible Family vacates its unit
(other than as a result of action by the Owner which is in violation of the
Lease or the Contract or any applicable law), the Owner may receive the housing
assistance payments due under the Contract for so much of the month in which
the Family vacates the unit as the unit remains vacant. Should the unit
continue to remain vacant, the Owner may receive from the Agency a housing
assistance payment in the amount of 80 percent of the Contract Rent for a
vacancy period not exceeding an additional month. However, if the Owner
collects any of the Family's share of the rent for this period, the payment
must be reduced to an amount which, when added to the Family's payments, does
not exceed 80 percent of the Contract Rent. Any such excess must be reimbursed
by the Owner to the Agency. The Owner will not be entitled to any payment under
this rule unless the Owner:
1. immediately
upon learning of the vacancy, has notified the Agency of the vacancy or
prospective vacancy, and
2. has
taken and continues to take all feasible actions specified in sections (1) (b)
and (c) of this rule.
(b) If the Owner evicts an Eligible Family,
the Owner will not be entitled to any payment under this rule unless the Agency
determines that the Owner complied with all requirements of these rules, the
Contract, and all applicable State and local laws.
(3) Prohibition of Double Compensation for Vacancies.
(1) The Owner will not be entitled
to housing assistance payments with respect to vacant units under this section
if the Owner is entitled to payments from other sources (for example, payments
for losses of rental income incurred for holding units vacant for relocatees
pursuant to Title I of the HCD Act of 1974 or payments for unpaid rent under 24
CFR 882.112 (Security and Utility Deposits)).
Authority: T.C.A. § 13-23-115(18).
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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