---
kind: "section"
citation: "24 C.F.R. § 983.5"
title: "24"
number: "983.5"
heading: "Description of the PBV program."
url: "https://uscodex.org/cfr/24/983.5"
---

# §983.5. Description of the PBV program.

- (a) **How PBV works.**
  - (1) The PBV program is administered by a PHA that already administers the tenant-based voucher program under the consolidated annual contributions contract (ACC) in [24 CFR 982.151](/cfr/24/982.151.md). In the PBV program, the assistance is “attached to the structure,” which may be a multifamily building or single-family building. (See description of the difference between “project-based” and “tenant-based” rental assistance at [24 CFR 982.1(b)](/cfr/24/982.1.md?p=b)).
  - (2) The PHA enters into a HAP contract with an owner for units in existing housing or in newly constructed or rehabilitated housing.
  - (3) In the case of new construction or rehabilitation, the owner may develop the housing pursuant to an Agreement ([§ 983.154](/cfr/24/983.154.md)) between the owner and the PHA. In the Agreement, the PHA agrees to execute a HAP contract after the owner completes the construction or rehabilitation of the units. Alternatively:
    - (i) The owner may develop the housing without an Agreement, before execution of a HAP contract, in accordance with [§ 983.154(f)](/cfr/24/983.154.md?p=f); or
    - (ii) In the case of rehabilitation, the owner may develop the housing or complete development activity after execution of the HAP contract, in accordance with [§ 983.157](/cfr/24/983.157.md).
  - (4) During the term of the HAP contract, the PHA makes housing assistance payments to the owner for units leased and occupied by eligible families.
- (b) **How PBV is funded.** If a PHA decides to operate a PBV program, the PHA's PBV program is funded with a portion of appropriated funding (budget authority) available under the PHA's voucher ACC. This funding is used to pay housing assistance for both tenant-based and project-based voucher units. Likewise, the administrative fee funding made available to a PHA is used for the administration of both tenant-based and project-based voucher assistance.
- (c) **PHA discretion to operate PBV program.** A PHA has discretion whether to operate a PBV program. HUD approval is not required, except that the PHA must notify HUD of its intent to project-base its vouchers and when the PHA executes, amends, or extends a HAP contract. The PHA must also state in its Administrative Plan that it will engage in project-basing and must amend its Administrative Plan to include all PBV-related matters over which the PHA is exercising its policymaking discretion, including the subjects listed in [§ 983.10](/cfr/24/983.10.md), as applicable.

## Notes

### Amendments

[70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36165, June 25, 2014; 89 FR 38306, May 7, 2024]

### Authority

Authority: 42 U.S.C. 1437f and 3535(d).

### Source

Source: 70 FR 59913, Oct. 13, 2005, unless otherwise noted.

### Amendments

[70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36165, June 25, 2014; 89 FR 38306, May 7, 2024]