---
kind: "section"
citation: "24 C.F.R. § 5.701"
title: "24"
number: "5.701"
heading: "Applicability."
url: "https://uscodex.org/cfr/24/5.701"
---

# §5.701. Applicability.

- (a) **Scope.** This subpart applies the national standards for the physical inspection of real estate standards to the following HUD programs:
  - (1) All Public Housing programs (programs for housing assisted under the U.S. Housing Act of 1937 other than section 8 of the Act);
  - (2) The Housing Choice Voucher program under section 8(o) of the U.S. Housing Act of 1937, [part 982 of this title](/cfr/24/part982.md) and the Project-Based Voucher program under section 8(o)(13) of the Act and the regulations at [24 CFR part 983](/cfr/24/part983.md) (referred to in this part as the HCV and PBV programs, or HCV and PBV housing);
  - (3) All project-based [Section 8](/cfr/24/8.md) programs;
  - (4) [Section 202](/cfr/24/202.md) Supportive Housing for the Elderly (Capital Advances);
  - (5) [Section 811](/cfr/24/811.md) Supportive Housing for Persons with Disabilities (Capital Advances);
  - (6) [Section 202](/cfr/24/202.md) direct loan program for projects for the elderly and persons with disabilities as it existed before October 1, 1991 (including 202/8 projects and 202/162 projects); and
  - (7) Housing with mortgages insured or held by HUD, or housing that is receiving assistance from HUD, under the following authorities:
    - (i) Section 207 of the National Housing Act (NHA) ([12 U.S.C. 1701](/usc/12/1701.md) et seq.) (Rental Housing Insurance);
    - (ii) [Section 213](/cfr/24/213.md) of the NHA (Cooperative Housing Insurance);
    - (iii) [Section 220](/cfr/24/220.md) of the NHA (Rehabilitation and Neighborhood Conservation Housing Insurance);
    - (iv) [Section 221(d)(3)](/cfr/24/221.md?p=d-3) of the NHA (Market Interest Rate (MIR) program);
    - (v) Section [221(d)(3)](/cfr/24/221.md?p=d-3) and [(5)](/cfr/24/221.md?p=d-5) of the NHA (Below Market Interest Rate (BMIR) program);
    - (vi) [Section 221(d)(4)](/cfr/24/221.md?p=d-4) of the NHA (Housing for Moderate Income and Displaced Families);
    - (vii) [Section 231](/cfr/24/231.md) of the NHA (Housing for Elderly Persons);
    - (viii) [Section 232](/cfr/24/232.md) of the NHA (Mortgage Insurance for Nursing Homes, Intermediate Care Facilities, Assisted Living Facilities, Board and Care Homes);
    - (ix) [Section 234(d)](/cfr/24/234.md?p=d) of the NHA (Rental) (Mortgage Insurance for Condominiums);
    - (x) [Section 236](/cfr/24/236.md) of the NHA (Rental and Cooperative Housing for Lower Income Families);
    - (xi) **Section 241 of the NHA (Supplemental Loans for Multifamily Projects).** (Where, however, the primary mortgage of a [Section 241](/cfr/24/241.md) property is insured or assisted by HUD under a program covered in this part, the coverage by two HUD programs does not trigger two inspections); and
    - (xii) [Section 542(c)](/cfr/24/542.md?p=c) of the Housing and Community Development Act of 1992 ([12 U.S.C. 1707](/usc/12/1707.md) note) (Housing Finance Agency Risk Sharing program).
- (b) **Conflicts.** The regulations in this subpart may be supplemented by the specific regulations for the HUD-assisted programs listed in [paragraph (a)](#a) of this section. The program-specific regulations may address the frequency of inspections, who performs the inspections and whether alternative inspections are available given the statutory and regulatory framework for the program. When there is a conflict between the regulations of this subpart and the program-specific regulations, the program-specific regulations govern.
- (c) **HUD housing.** For purposes of this subpart, the term “HUD housing” means the types of housing listed in [paragraph (a)](#a) of this section.

## Notes

### Source

Source: 88 FR 30490, May 11, 2023, unless otherwise noted.

### Authority

Authority: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437f, 1437n, 3535(d); 42 U.S.C. 2000bb et seq.; 34 U.S.C. 12471 et seq.; Sec. 327, Pub. L. 109-115, 119 Stat. 2396; E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273; E.O. 14015, 86 FR 10007, 3 CFR, 2021 Comp., p. 517.

### Source

Source: 61 FR 5202, Feb. 9, 1996, unless otherwise noted.