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Administrative Plan 7/1/2025 Page 17-13 <br />17-I.E. UNITS NOT SUBJECT TO THE PBV PROGRAM CAP OR PROJECT CAP <br />[FR Notice 1/18/17 and 24 CFR 983.59] <br />For HAP contracts that first became effective on or after April 18, 2017, the PHA may commit <br />project-based assistance to units that meet the requirements below without the units counting <br />toward the program cap (including the 10 percent exception) or project cap. These are known as <br />excluded units and fall into two different categories: <br /> Existing or Rehabilitation Units: In the five years prior to the request for proposals (RFP) <br />or the proposal or project selection date (in the case of selection without RFP), these units <br />fall into one of the categories described below, provided that the units are removed from all <br />categories prior to the effective date of the HAP contract. These units include units that <br />received one of the following forms of HUD assistance: <br />- Public Housing Capital or Operating Funds; <br />- Project-Based Rental Assistance (Section 8), including units assisted under Section 8 <br />Moderate Rehabilitation (Mod Rehab) and Mod Rehab Single-Room Occupancy (SRO) <br />programs; <br />- Housing for Elderly (Section 202); <br />- Housing for Persons with Disabilities (Section 811); <br />- Rental Assistance Program (RAP) (Section 236(f)(2) of the National Housing Act); or <br />Flexible Subsidy Program (Section 201 of the Housing and Community Development <br />Amendments of 1978). <br />Or the units have been subject to a federally required rent restriction under one of the <br />following programs: <br />- The Low-Income Housing Tax Credit program (26 U.S.C. 42); <br />- Section 515 Rural Rental Housing Loans (42 U.S.C. 1485); or <br />- The following HUD programs: <br />- Section 236; <br />- Section 221(d)(3) Below Market Interest Rate; <br />- Housing For the Elderly (Section 202 of the Housing Act of 1959); <br />- Housing for Persons with Disabilities (Section 811 of the Cranston-Gonzalez National <br />Affordable Housing Act); <br />- Flexible Subsidy Program (Section 201 of the Housing and Community Development <br />Amendments Act of 1978); or <br />- Any other program identified by HUD through Federal Register notice subject to public <br />comment. <br />EXHIBIT 1