Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-03-02 - Development and Operation
Section 0770-03-02-.11 - REDUCTION OF NUMBER OF UNITS COVERED BY CONTRACT
Universal Citation: TN Comp Rules and Regs 0770-03-02-.11
Current through December 26, 2024
(1) Limitation on Leasing to Ineligible Families.
(a) Owners may not lease any of the
assisted units under Contract to ineligible families. Failure on the part of
Owner to comply with prohibition is a violation of the Contract and grounds for
all available legal remedies, including suspension or debarment from Agency HUD
programs and reduction of the number of units under the Contract, as set forth
in Rule 0770-3-2-.11(2). Once the Agency has determined that a violation
exists, the Agency will notify HUD of its determination and the suggested
remedy(ies).
(2) Reduction for Failure to Lease to Eligible Families.
(a) If, at any time beginning six months
after the effective date of the Contract, the Owner fails for a continuous
period of six months to have at least 90 percent of the assisted units leased
or available for leasing by Eligible Families, because families occupying units
who were initially eligible have become ineligible, the Agency may, on at least
30 days' notice, reduce the number of units covered by the Contract. The Agency
may reduce the number of units to the number of units actually leased or
available for leasing plus 10 percent (rounded up). If the Owner has only one
unit under Contract and if one year has elapsed since the date of the last
housing assistance payment, the Contract may be terminated with the consent of
the Owner.
(3) Restoration.
(a) Tennessee Housing Development
Agency will agree to an amendment of the Contract, to provide for subsequent
restoration of any reduction made pursuant to Rule 0770-3-2-.11(2):
1. The Agency determines that the restoration
is justified by demand.
2. The
Owner otherwise has a record of compliance with obligations under the Contract,
and
3. Contract authority is
available.
Authority: T.C.A. § 13-23-11.5(18).
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