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<br />facilities providing continuous psychiatric, medical, nursing services, board and care, or <br />intermediate care (except that assistance may be provided in assisted living facilities); units that <br />are owned or controlled by an educational institution or its affiliate and are designated for <br />occupancy by students; manufactured homes; and transitional housing. In addition, the PHA may <br />not attach or pay PBV assistance for a unit occupied by an owner and SAHA may not select or <br />enter into an agreement to enter into a HAP contract or HAP contract for a unit occupied by a <br />family ineligible for participation in the PBV program. <br />Subsidized Housing \[24 CFR 983.54\] <br /> <br />The PHA may not attach or pay PBV assistance to units in any of the following types of <br />subsidized housing: <br /> <br />A public housing unit; <br /> <br />A unit subsidized with any other form of Section 8 assistance; <br /> <br />A unit subsidized with any governmental rent subsidy; <br /> <br />A unit subsidized with any governmental subsidy that covers all or any part of the operating <br />costs of the housing; <br /> <br />A unit subsidized with Section 236 rental assistance payments (except that SAHA may attach <br />assistance to a unit subsidized with Section 236 interest reduction payments); <br /> <br />A Section 202 project for non-elderly with disabilities; <br /> <br />Section 811 project-based supportive housing for persons with disabilities; <br /> <br />Section 202 supportive housing for the elderly; <br /> <br />A Section 101 rent supplement project; <br /> <br />A unit subsidized with any form of tenant-based rental assistance; <br /> <br />A unit with any other duplicative federal, state, or local housing subsidy, as determined by <br />HUD or SAHA in accordance with HUD requirements. <br /> <br />17-II.E. SUBSIDY LAYERING REQUIREMENTS \[24 CFR 983.55, FR Notice 11/24/08, <br />and FR Notice 7/9/10\] <br />The PHA may provide PBV assistance only in accordance with HUD subsidy layering <br />regulations \[24 CFR 4.13\] and other requirements. <br />The subsidy layering review is intended to prevent excessive public assistance by combining <br />(layering) housing assistance payment subsidy under the PBV program with other governmental <br />housing assistance from federal, state, or local agencies, including assistance such as tax <br />concessions or tax credits. <br />The PHA must submit the necessary documentation to HUD for a subsidy layering review. <br />Except in cases of HAP contracts for existing structures, or if such reviews have been conducted <br />by the applicable state and local agencies (defined by HUD as qualified housing credit agencies, <br />or HCAs), the PHA may not enter into an agreement to enter into a HAP contract or a HAP <br />04/01/14 <br />Page 17-7 <br /> <br />