Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-03-02 - Development and Operation
Section 0770-03-02-.05 - REHABILITATION PERIOD
Universal Citation: TN Comp Rules and Regs 0770-03-02-.05
Current through December 26, 2024
(1) Timely Performance of Work.
(a) After execution of
the Agreement, the Owner must promptly proceed with the rehabilitation work as
provided in the Agreement. In the event work is not so commenced, diligently
continued, or completed, the Agency will have the right to rescind the
Agreement, or take other appropriate action. Although extensions of time may be
granted, no increases in Contract Rents may be granted for delays.
(2) Inspections.
(a) Tennessee Housing Development Agency will
inspect, as appropriate, during rehabilitation to ensure that work is preceding
on schedule and is being accomplished in accordance with the terms of the
Agreement, particularly that the work meets the acceptable levels of
workmanship and materials specified in the work write-up.
(3) Changes.
(a) The Owner must submit to the Agency for
approval any changes from the work specified in the Agreement which would alter
the design or the quality of the required rehabilitation. The Agency may
condition its approval of such changes on a reduction of the Contract Rents. If
changes are made without prior Agency approval, the Agency may determine that
Contract Rents must be reduced or that the Owner must remedy any deficiency as
a condition for acceptance of the unit(s).
(b) Contract Rents may not be increased
except in accordance with provisions of these rules.
(4) Vacancies from Execution of Contract to Initial Occupancy.
(a) At the time the
Contract is executed, the Owner will be required to submit a list of dwelling
unit(s) leased as of the effective date of the Contract and a list of the
unit(s) not so leased, if any. The Owner will be entitled to housing assistance
payments for any unleased unit(s), pursuant to 0770-3-1-.11, only if the Owner
has fully complied with the requirements of that section and of this
paragraph.
(5) Initial Occupancy.
(a) In filling a vacant unit(s)
which is being rehabilitated under the Agreement, the Owner must select from
those Eligible Families on the Agency waiting list. The Agency will refer
Eligible Families to the Owner for this purpose.
(b) In order that the unit(s) might be
promptly occupied, 60 days prior to the scheduled completion of the
rehabilitation, or the date the Agreement is executed, whichever is later, the
Owner must notify the Agency of any unit(s) which it is anticipated will be
vacant on the anticipated effective date of the Contract. The Agency will
notify one or more appropriate size Families on its waiting list of the
availability of the unit.
(c) Since
the Owner is responsible for tenant selection, the Owner may refuse any Family
provided that the Owner does not unlawfully discriminate. Should the Owner
reject a family, and should the Family believe that the Owner's rejection was
the result of unlawful discrimination, the Family may request the assistance of
the Agency in resolving the issue. If the issue cannot be resolved promptly,
the Family may file a complaint with HUD and the Agency may refer the Family to
the next available unit.
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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