---
kind: "section"
citation: "24 C.F.R. § 883.105"
title: "24"
number: "883.105"
heading: "Applicability of part 883 in effect as of February 29, 1980."
url: "https://uscodex.org/cfr/24/883.105"
---

# §883.105. Applicability of part 883 in effect as of February 29, 1980.

- (a) [Part 883](/cfr/24/part883.md), in effect as of February 29, 1980, applies to projects for which the initial application was submitted on or after the February 29, 1980, effective date. (See [24 CFR part 883](/cfr/24/part883.md), revised as of April 1, 1980.) Projects for which applications or proposals were submitted before the February 29, 1980, effective date of [part 883](/cfr/24/part883.md) have been processed under the [part 883](/cfr/24/part883.md) regulations and procedures in effect at the date of submission. If, however, the agency notified HUD within 60 calendar days of the February 29, 1980, effective date of the [part 883](/cfr/24/part883.md) regulations that they chose to have the provisions of [part 883](/cfr/24/part883.md), in effect as of February 29, 1980, apply to a specific case, it must have promptly modified the application(s) and proposal(s) to comply.
- (b) [Subpart F](/cfr/24/subpartF.md) of this part, dealing with the HAP contract and [subpart G](/cfr/24/subpartG.md) of this part, dealing with management, apply to all projects for which an Agreement was not executed before the February 29, 1980, effective date of [part 883](/cfr/24/part883.md). In cases where an Agreement has been executed:
  - (1) The Agency, owner and HUD may agree to make the revised subpart F of this part applicable and execute appropriate amendments to the Agreement or Contract;
  - (2) The Agency, Owner and HUD may agree to make the revised [subpart G](/cfr/24/subpartG.md) of this part applicable (with or without the limitation on distributions) and execute appropriate amendments to the Agreement or Contract.
- (c) [Section 883.708](/cfr/24/883.708.md), Termination of Tenancy and Modifications of Leases, applies to new families who begin occupancy or execute a lease on or after 30 days following the February 29, 1980, effective date of [part 883](/cfr/24/part883.md). This section also applies to families not covered by the preceding sentence, including families currently under lease, who have a lease in which a renewal becomes effective on or after the 60th day following the February 29, 1980 effective date of [part 883](/cfr/24/part883.md). A lease is considered renewed when both the landlord and the family fail to terminate a tenancy under a lease permitting either to terminate.
- (d) Notwithstanding the provisions of [paragraph (b)](#b) of this section, the provisions of [24 CFR part 5](/cfr/24/part5.md) (concerning preferences for selection of applicants) apply to all projects, regardless of when am Agreement was executed.

## Notes

### Amendments

[61 FR 13592, Mar. 27, 1996]

### Authority

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

### Source

Source: 45 FR 6889, Jan. 30, 1980, unless otherwise noted.

### Amendments

[61 FR 13592, Mar. 27, 1996]