Homeownership option: Applicability of other requirements.

(a) General. The following types of provisions (located in other subparts of this part) do not apply to assistance under the homeownership option: (1) Any provisions concerning the Section 8 owner or the HAP contract between the PHA and owner; (2) Any provisions concerning the assisted tenancy or the lease between the family and the owner; (3) Any provisions concerning PHA approval of the assisted tenancy; (4) Any provisions concerning rent to owner or reasonable rent; and (5) Any provisions concerning the issuance or term of voucher. (b) Subpart G requirements. The following provisions of subpart G of this part do not apply to assistance under the homeownership option: (1) Section 982.302 (Issuance of voucher; Requesting PHA approval of assisted tenancy); (2) Section 982.303 (Term of voucher); (3) Section 982.305 (PHA approval of assisted tenancy); (4) Section 982.306 (PHA disapproval of owner) (except that a PHA may disapprove a seller for any reason described in paragraph (c), see § 982.631(d)). (5) Section 982.307 (Tenant screening); (6) Section 982.308 (Lease and tenancy); (7) Section 982.309 (Term of assisted tenancy); (8) Section 982.310 (Owner termination of tenancy); (9) Section 982.311 (When assistance is paid) (except that § 982.311(c)(3) is applicable to assistance under the homeownership option); (10) Section 982.313 (Security deposit: Amounts owed by tenant); and (11) Section 982.354 (Move with continued tenant-based assistance). (c) Subpart H requirements. The following provisions of subpart H of this part do not apply to assistance under the homeownership option: (1) Section 982.352(a)(6) (Prohibition of owner-occupied assisted unit); (2) Section 982.352(b) (PHA-owned housing); and (3) Those provisions of § 982.353 (Where family can lease a unit with tenant-based assistance) and § 982.355 (Portability: Administration by receiving PHA) that are inapplicable per § 982.636; (d) Subpart I requirements. The following provisions of subpart I of this part do not apply to assistance under the homeownership option: (1) Section 982.403 (Terminating HAP contract when unit is too small); (2) Section 982.404 (Maintenance: Owner and family responsibility; PHA remedies); (3) Section 982.405 (PHA unit inspection); and (4) Section 982.406 (Use of alternative inspections). (e) Subpart J requirements. The requirements of subpart J of this part (Housing Assistance Payments Contract and Owner Responsibility) (§§ 982.451-456) do not apply to assistance under the homeownership option. (f) Subpart K requirements. Except for those sections listed below, the requirements of subpart K of this part (Rent and Housing Assistance Payment) (§§ 982.501-521) do not apply to assistance under the homeownership option: (1) Section 982.503 (Voucher tenancy: Payment standard amount and schedule); (2) Section 982.516 (Family income and composition: Regular and interim reexaminations); and (3) Section 982.517 (Utility allowance schedule), except that § 982.517(d) does not apply because the utility allowance is always based on the size of the home bought by the family with homeownership assistance. (g) Subpart L requirements. The following provisions of subpart L of this part do not apply to assistance under the homeownership option: (1) Section 982.551(c) (HQS breach caused by family); (2) Section 982.551(d) (Allowing PHA inspection); (3) Section 982.551(e) (Violation of lease); (4) Section 982.551(g) (Owner eviction notice); and (5) Section 982.551(j) (Interest in unit). (h) Subpart M requirements. The following provisions of subpart M of this part do not apply to assistance under the homeownership option: (1) Sections 982.602-982.619; and (2) Sections 982.622-982.624. [65 FR 55163, Sept. 12, 2000, as amended at 67 FR 64494, Oct. 18, 2002; 80 FR 8247, Feb. 17, 2015; 80 FR 50575, Aug. 20, 2015; 89 FR 38304, May 7, 2024]