Link to an amendment published at 87 FR 11283, Mar. 1, 2022.
(a) Agency authority. The Agency may transfer rental assistance in the following instances:
- (1) To accompany the transfer of a housing project to a different borrower;
- (2) After a voluntary conveyance or a foreclosure sale;
- (3) After a liquidation or prepayment;
- (4) To the extent permitted by law, when any rental assistance units have not been used for a 6-month period; or
- (5) When the loan cannot be closed.
- (b) Agency review before transferring rental assistance. The Agency must perform a review to determine if all eligible tenants in the project are receiving rental assistance before the Agency transfers it to another project.
- (c) Transferring rental assistance for displaced tenants. The Agency may transfer rental assistance from one housing project to another eligible housing project for a tenant who is moving due to displacement as a result of prepayment, liquidation, or a natural disaster. The tenant must begin using the rental assistance within 4 months of the transfer or the RA will become available for use by the next rental assistance eligible tenant in the housing project.