federalUnited StatesSection 811 Project Rental Assistance Programincome_calculation

HOTMA section 102 reaches 811 PRA by administrative extension; section 104 does not

s811pra.certification.hotma_applicability_and_compliance_date · v1.0.0

HUD administratively extended the applicability of section 102 of the Housing Opportunity Through Modernization Act of 2016 to the 202/162, 202/811 PRAC, 811 PRA and SPRAC programs, which are not among the Public Housing and Section 8 regulations the HOTMA final rule at 88 FR 9600 (14 February 2023) amended directly. Notice H 2023-10/PIH 2023-27 Revision 3 lists 811 PRA among the eleven programs it applies to. Under section 6.2 of that notice, owners had to update their Tenant Selection Plans and EIV policies and procedures by 31 May 2024 and make the revised Tenant Selection Plan publicly available, but must continue following the existing plan and policies until their software is compliant with TRACS 203A. Prior to 1 January 2027 owners will not be penalised for HOTMA-related tenant file errors during Management and Occupancy Reviews; the Contract Administrator issues observations with corrective actions instead. Full compliance with the HOTMA final rule is mandatory effective 1 January 2027, from which date Contract Administrators issue HOTMA-related findings, owners must have corrected all earlier observations, and owners who fail to implement HOTMA may be found in default of their business agreements with HUD.

TITLE CORRECTED 2026-09-02. It read "HOTMA sections 102 AND 104 reach 811 PRA by administrative extension". Notice H 2023-10/PIH 2023-27 Rev 3, Section 2 says the opposite of half of it, in terms: "Section 104 does not apply to following programs: 202/811 PRAC, 236 IRP, 811 PRA, 202/162 PAC, and SPRAC." Verified against the notice fetched this session. The statement and every quote on this record were about section 102 only and were correct -- the title alone was wrong, which is the dangerous shape: section 104 is the ASSET LIMITATION, so a title saying it reaches 811 PRA would tell an owner to apply an asset test to a household the rule does not reach, and an owner acting on that could deny or terminate assistance on a limit that does not bind them.

Confidence: high
Effective from: 2024-01-01
Compliance date: 2027-01-01
Last reviewed: 2026-09-02

Evidence required

Tenant selection plan / resident selection criteria(exactly_one)
EIV policies and procedures / security awareness documentation(exactly_one)
HUD-50059 Owner's Certification of Compliance(one_per_year)

Citations

All sources verified within 1 day

Implementation Guidance: Sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA), Revision 3
Section 2 (Background), footnote 2, printed p. 2
binding_agency_guidanceSource ↗verified 1d ago
Implementation Guidance: Sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA), Revision 3
Section 6.2 (Compliance Date and Required Actions for MFH Owners), printed pp. 8-9
binding_agency_guidanceSource ↗verified 1d ago
Implementation Guidance: Sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA), Revision 3
Section 6.2 (How HUD will monitor MFH Owner compliance prior to January 1, 2027), printed p. 9
binding_agency_guidanceSource ↗verified 1d ago
Housing Opportunity Through Modernization Act of 2016: Implementation of Sections 102, 103, and 104
88 FR 9600 (14 February 2023)
regulationSource ↗verified 1d ago