Editorial Note on Part 982
Editorial Note: Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999, and at 89 FR 38293, May 7, 2024.

§ 982.641 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]