---
kind: "section"
citation: "24 C.F.R. § 906.23"
title: "24"
number: "906.23"
heading: "Protections available to non-purchasing public housing residents."
url: "https://uscodex.org/cfr/24/906.23"
---

# §906.23. Protections available to non-purchasing public housing residents.

- (a) If a public housing resident does not exercise the right of first refusal under [§ 906.13](/cfr/24/906.13.md), and the PHA determines to move the tenant for the purpose of transferring possession of the unit, the PHA must provide the notice stated in this [section 90](/cfr/24/90.md) days before the date the resident is displaced, and may not displace the resident, except as stated in [paragraph (a)(1)](#a-1) of this section, for the full 90-day period. The PHA:
  - (1) Must notify the resident residing in the unit 90 days prior to the displacement date, except in cases of imminent threat to health or safety, that:
    - (i) The public housing unit will be sold;
    - (ii) The transfer of possession of the unit will not occur until the resident is relocated; and
    - (iii) Each resident displaced by such action will be offered comparable housing (as defined in [paragraph (b)](#b) of this section);
  - (2) Must provide for the payment of the actual costs and reasonable relocation expenses of the resident to be displaced;
  - (3) Must ensure that the resident is offered comparable housing under [paragraph (a)(1)(iii)](#a-1-iii) of this section;
  - (4) Must provide counseling for displaced residents regarding their rights to comparable housing, including their rights under the Fair Housing Act to choice of a unit on a nondiscriminatory basis, without regard to race, color, religion, national origin, disability, age, sex, or familial status; and
  - (5) **Must not transfer possession of the unit until the resident is relocated.**
- (b) For purposes of this section, the term “comparable housing” means housing:
  - (1) That meets housing quality standards;
  - (2) That is located in an area that is generally not less desirable than the displaced resident's original development; and
  - (3) Which may include:
    - (i) Tenant-based assistance (tenant-based assistance must only be provided upon the relocation of the resident to the comparable housing);
    - (ii) Project-based assistance; or
    - (iii) Occupancy in a unit owned, operated, or assisted by the PHA at a rental rate paid by the resident that is comparable to the rental rate applicable to the unit from which the resident is vacating.

## Notes

### Authority

Authority: 42 U.S.C. 1437z-4 and 3535(d).

### Source

Source: 68 FR 1172, Mar. 11, 2003, unless otherwise noted.