(a) Comparability requirement. At all times during the term of the HAP contract, the rent to the owner for a contract unit may not exceed the reasonable rent as determined by the PHA, except that where the PHA has elected in the HAP contract to not reduce rents below the initial rent under the initial HAP contract, the rent to owner shall not be reduced below the initial rent in accordance with § 983.302(e)(2).
(b) Redetermination. The PHA must redetermine the reasonable rent:
(1) Whenever there is a 10 percent decrease in the published FMR in effect 60 days before the contract anniversary (for the unit sizes specified in the HAP contract) as compared with the FMR in effect 1 year before the contract anniversary.
(2) Whenever the PHA approves a change in the allocation of responsibility for utilities between the owner and the tenant;
(3) Whenever the HAP contract is amended to substitute a different contract unit in the same building or project; and
(4) Whenever there is any other change that may substantially affect the reasonable rent.
(c) How to determine reasonable rent.
(1) The reasonable rent of a contract unit must be determined by comparison to rent for other comparable unassisted units.
(2) In determining the reasonable rent, the PHA must consider factors that affect market rent, such as:
(i) The location, quality, size, unit type, and age of the contract unit; and
(ii) Amenities, housing services, maintenance, and utilities to be provided by the owner.
(d) Comparability analysis.
(1) For each unit, the PHA comparability analysis must use at least three comparable units in the private unassisted market, which may include comparable unassisted units in the premises or project.
(2) The PHA must retain a comparability analysis that shows how the reasonable rent was determined, including major differences between the contract units and comparable unassisted units.
(3) The comparability analysis may be performed by PHA staff or by another qualified person or entity. A person or entity that conducts the comparability analysis and any PHA staff or contractor engaged in determining the housing assistance payment based on the comparability analysis may not have any direct or indirect interest in the property.
(e) Owner certification of comparability. By accepting each monthly housing assistance payment from the PHA, the owner certifies that the rent to owner is not more than rent charged by the owner for comparable unassisted units in the premises. The owner must give the PHA information requested by the PHA on rents charged by the owner for other units in the premises or elsewhere.
(f) Determining reasonable rent for PHA-owned units.
(1) For PHA-owned units, the amount of the reasonable rent must be determined by an independent agency approved by HUD in accordance with § 983.59, rather than by the PHA. The reasonable rent must be determined in accordance with this section.
(2) The independent entity must furnish a copy of the independent entity determination of reasonable rent for PHA-owned units to the PHA and to the HUD field office where the project is located.
[70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36170, June 25, 2014; 81 FR 80583, Nov. 16, 2016]