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311012021 <br />Electronic Code of Federal Regulations (eCFR) <br />participant is identified to lease the unit, the recipient or subrecipient may enter into a rental <br />assistance agreement with the owner to reserve the unit and subsidize its rent in accordance <br />with the following requirements: <br />(1) The rental assistance agreement may cover one or more permanent housing units in <br />the same building. Each unit covered by the rental assistance agreement ("assisted unit") <br />may only be occupied by program participants, except as provided under paragraph (i)(4) of <br />this section. <br />(2) The recipient or subrecipient may pay up to 100 percent of the first month's rent, <br />provided that a program participant signs a lease and moves into the unit before the end of <br />the month for which the first month's rent is paid. The rent paid before a program participant <br />moves into the unit must not exceed the rent to be charged under the program participant's <br />lease and must be included when determining that program participant's total rental <br />assistance. <br />(3) The recipient or subrecipient may make monthly rental assistance payments only for <br />each whole or partial month an assisted unit is leased to a program participant. When a <br />program participant moves out of an assisted unit, the recipient or subrecipient may pay the <br />next month's rent, i.e., the first month's rent for a new program participant, as provided in <br />paragraph (i)(2) of this section. <br />(4) The program participant's lease must not condition the term of occupancy to the <br />provision of rental assistance payments. If the program participant is determined ineligible or <br />reaches the maximum number of months over which rental assistance can be provided, the <br />recipient or subrecipient must suspend or terminate the rental assistance payments for the <br />unit. If the payments are suspended, the individual or family may remain in the assisted unit <br />as permitted under the lease, and the recipient or subrecipient may resume payments if the <br />individual or family again becomes eligible and needs further rental assistance. If the <br />payments are terminated, the rental assistance may be transferred to another available unit <br />in the same building, provided that the other unit meets all ESG requirements. <br />(5) The rental assistance agreement must have an initial term of one year. When a new <br />program participant moves into an assisted unit, the term of the rental assistance agreement <br />may be extended to cover the initial term of the program participant's lease. If the program <br />participant's lease is renewed, the rental assistance agreement may be renewed or <br />extended, as needed, up to the maximum number of months for which the program <br />participant remains eligible. However, under no circumstances may the recipient or <br />subrecipient commit ESG funds to be expended beyond the expenditure deadline in <br />§576.203 or commit funds for a future ESG grant before the grant is awarded. <br />0) Changes in household composition. The limits on the assistance under this section <br />apply to the total assistance an individual receives, either as an individual or as part of a <br />family. <br />[76 FIR 75974, Dec. 5, 2011„ as amended at 81 FIR 80808, Nov. 16, 2016] <br />t, Back to Top <br />https:/An ..ecfr.gov/cgi-bin/text-idx?node=pt24,3.576&rgn=div5 21158 <br />