---
kind: "section"
citation: "24 C.F.R. § 881.104"
title: "24"
number: "881.104"
heading: "Applicability of part 881."
url: "https://uscodex.org/cfr/24/881.104"
---

# §881.104. Applicability of part 881.

- (a) [Part 881](/cfr/24/part881.md), in effect as of February 20, 1980, applies to all proposals for which a notification of selection was not issued before the February 20, 1980 effective date of [part 881](/cfr/24/part881.md). (See [24 CFR part 881](/cfr/24/part881.md), revised as of April 1, 1980). Where a notification of selection was issued for a proposal before the February 20, 1980, effective date, [part 881](/cfr/24/part881.md) in effect as of February 20, 1980 applies if the owner notified HUD within 60 calendar days that the owner wished the provisions of [part 881](/cfr/24/part881.md), effective February 20, 1980, to apply and promptly brought the proposal into conformance.
- (b) [Subparts E](/cfr/24/subpartE.md) (Housing Assistance Payments Contract) and F (Management) of this part apply to all projects for which an Agreement was not executed before the February 20, 1980, effective date of [part 881](/cfr/24/part881.md). Where an Agreement was so executed:
  - (1) The owner and HUD may agree to make the revised subpart E of this part applicable and to execute appropriate amendments to the Agreement and/or Contract.
  - (2) The owner and HUD may agree to make the revised [subpart F](/cfr/24/subpartF.md) of this part applicable (with or without the limitation on distributions) and to execute appropriate amendments to the Agreement and/or Contract.
- (c) [Section 881.607](/cfr/24/881.607.md) (Termination of tenancy and modification of leases) applies to all families.
- (d) Notwithstanding the provisions of [paragraph (b)](#b) of this section, the provisions of [24 CFR part 5](/cfr/24/part5.md) apply to all projects, regardless of when an Agreement was executed.

## Notes

### Amendments

[61 FR 13591, Mar. 27, 1996, as amended at 65 FR 16722, Mar. 29, 2000]

### Authority

Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and 13611-13619.

### Source

Source: 45 FR 7085, Jan. 31, 1980, unless otherwise noted.

### Amendments

[61 FR 13591, Mar. 27, 1996, as amended at 65 FR 16722, Mar. 29, 2000]