C. How Applicability Varies

Not all requirements apply to all properties or tenants. Furthermore, some properties are assisted under multiple programs and are subject to multiple sets of requirements.

1. Applicability can vary by:

   • a. Type of program (e.g., Section 236 versus Section 8);

   • b. Type of Section 8 assistance (e.g., Loan Management Set-Aside versus New Construction);

   • c. Date that subsidy contracts took effect or were executed;

   • d. Date a tenant moved in or first received subsidy; and

   • e. Date a tenant was converted to Section 8 assistance.

HUD Occupancy Handbook Chapter 1: Introduction

5/03

1-2

4350.3 REV-1

2. When applicability does vary, a paragraph or subparagraph in this handbook entitled “Applicability” will be included to indicate which projects, units, or tenants are subject to or exempt from the requirement. The variation will be described in subsequent paragraphs.

• D. Programs and Properties Not Subject to This Handbook

This handbook does not apply to:

1. HUD-owned properties;

2. Section 8 Moderate Rehabilitation Program;

3. Public housing;

4. Housing Choice Voucher Program;

5. Enhanced Voucher Program; and

6. Unassisted market rate properties and health care facilities.

7. HUD-Veterans Affairs Supportive Housing

8. Mainstream Vouchers

• E. Compliance

The failure of owners to perform required functions as prescribed in this handbook may result in civil money penalties as detailed in 24 CFR part 30. Such action does not preclude the application of administrative, as well as criminal remedies where warranted. Further information concerning program enforcement can be found in HUD Handbook 4350.1, Multifamily Asset Management and Project Servicing .