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<br />contract until HUD, or an independent entity approved by HUD, has conducted any required <br />subsidy layering review and determined that the PBV assistance is in accordance with HUD <br />subsidy layering requirements. However, in order to satisfy applicable requirements, HCAs must <br />conduct subsidy layering reviews in compliance with the guidelines set forth in the Federal <br />Register notice published July 9, 2010. <br />The HAP contract must contain the owner's certification that the project has not received and <br />will not receive (before or during the term of the HAP contract) any public assistance for <br />acquisition, development, or operation of the housing other than assistance disclosed in the <br />subsidy layering review in accordance with HUD requirements. <br />17-II.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT <br /> <br />25 Percent per Project Cap \[24 CFR 983.56(a), FR Notice 11/24/08\] <br />In general, the PHA may not select a proposal to provide PBV assistance for units in a project or <br />enter into an agreement to enter into a HAP or a HAP contract to provide PBV assistance for <br />units in a project, if the total number of dwelling units in the project that will receive PBV <br />assistance during the term of the PBV HAP contract is more than 25 percent of the number of <br />dwelling units (assisted or unassisted) in the project. <br /> <br />Exceptions to 25 Percent per Project Cap \[24cfr 983.56(b), FR Notice 11/24/08\] <br /> <br />Exceptions are allowed and PBV units are not counted against the 25 percent per project cap if: <br /> <br />The units are in a single-family building (one to four units); <br /> <br />The units are excepted units in a multi-family building because they are specifically made <br />available for elderly or disabled families or families receiving supportive services (also <br />known as qualifying families). <br />PHAs must include in the PHA administrative plan the type of services offered to families for a <br />project to qualify for the exception and the extent to which such services will be provided. It is <br />not necessary that the services be provide at or by the project, if they are approved services. To <br />qualify, a family must have a least on member receiving at least one qualifying supportive <br />service. A PHA may not require participation in medical or disability-related services other than <br />drug and alcohol treatment in the case of current abusers as a condition of living in an excepted <br />unit, although such services may be offered. <br />If a family at the time of initial tenancy is receiving, and while the resident of an excepted unit <br />has received, FSS supportive services or any other supportive services as defined in the PHA <br />administrative plan, and successfully completes the FSS Contract of Participation or the <br />supportive services requirement, the unit continues to count as an excepted unit for as long as the <br />family resides in the unit. <br />appropriate action regarding those families that fail without good cause to complete their <br />supportive services requirement. The PHA administrative plan must state the form and <br />frequency of such monitoring. <br /> SAHA Policy <br /> <br />04/01/14 <br />Page 17-8 <br /> <br />