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• An insured or non-insured Section 23 6 proj ect; <br />• A formerly insured ornon-insured Section 236 project that continues to receive Interest <br />Reduction Payment following a decoupling action; <br />• A Section 221(4)(3) below market interest rate (WHIR) project; <br />• A Section 515 project of the Rural Housing Service; <br />• Any other type of federally subsidized project specified by HUD. <br />Combining Subsidy <br />Rent to owner may not exceed any limitation required to comply with HUD subsidy layering <br />requirements. <br />Rent Control [24 CFR 983.305] <br />In addition to the rent limits set by PBV program regulations, the amount of rent to owner may <br />also be subject to rent control or other limits under local, state, or federal law. <br />PART IX: PAYMENTS TO OWNER <br />17-IX.A. HOUSING ASSISTANCE PAYMENTS [24 CFR 983.351] <br />During the term of the HAP contract, SARA will make housing assistance payments to the <br />owner in accordance with the terms of the HAP contract. During the term of the HAP contract, <br />payments must be made for each month that a contract unit complies with HQS and is leased to <br />and occupied by an eligible family. The housing assistance payment must be paid to the owner <br />on or about the first day of the month for which payment is due, unless the owner and SARA <br />agree on a later date. <br />Except for discretionary vacancy payments, SARA may not make any housing assistance <br />payment to the owner for any month after the month when the family moves out of the unit (even <br />if household goods or property are left in the unit). <br />The amount of the housing assistance payment by SARA is the rent to owner minus the tenant <br />rent (total tenant payment minus the utility allowance). <br />In order to receive housing assistance payments, the owner must comply with all provisions of <br />the HAP contract. Unless the owner complies with all provisions of the HAP contract, the owner <br />does not have a right to receive housing assistance payments. <br />17-IX.B. VACANCY PAYMENTS [24 CFR 983.352] <br />If an assisted family moves out of the unit, the owner may keep the housing assistance payment <br />for the calendar month when the family moves out. If SARA determines that the owner is <br />responsible for a vacancy and, as a result, is not entitled to the keep the housing assistance <br />payment, SARA will notify the landlord of the amount of housing assistance payment that the <br />owner must repay. SARA will require the owner to repay the amount owed in accordance with <br />the policies in Section 16-IV.B. <br />o~ro2~i2 Page 17-29 <br />