ADMINISTRATIVE PLAN - San Antonio Housing Authority

The PHA may provide PBV assistance only in accordance with HUD subsidy layeringregulations [24 CFR 4.13] and other requirements.The subsidy layering review is intended to prevent excessive public assistance by combining(layering) housing assistance payment subsidy under the PBV program with other governmentalhousing assistance from federal, state, or local agencies, including assistance such as taxconcessions or tax credits.The PHA must submit the necessary documentation to HUD for a subsidy layering review. ThePHA may not enter into an agreement to enter into a HAP contract or a HAP contract until HUD(or an independent entity approved by HUD) has conducted any required subsidy layeringreview and determined that the PBV assistance is in accordance with HUD subsidy layeringrequirements.The HAP contract must contain the owner's certification that the project has not received andwill not receive (before or during the term of the HAP contract) any public assistance foracquisition, development, or operation of the housing other than assistance disclosed in thesubsidy layering review in accordance with HUD requirements.Subsidy layering review is not required for the commitment of PBV to existing units. Subsidylayering review also will not be required if a subsidy layering review has been conducted by theapplicable State or local agency, once HUD defines that exemption further by implementing therelevant provision of HERA through regulation or other guidance.18-II.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT25 Percent per Project [24 CFR 983.56(a)]In general,the PHA may not select a proposal to provide PBV assistance for units in a project orenter into an agreement to enter into a HAP or a HAP contract to provide PBV assistance forunits in a project, if the total number of dwelling units in the project that will receive PBVassistance during the term of the PBV HAP contract is more than 25 percent of the number ofdwelling units (assisted or unassisted) in the project. The term “project” means a single building,multiple contiguous buildings, or multiple buildings on contiguous parcels of land.Exceptions to 25 Percent per Project Cap [24 CFR 983.56(b)]© Copyright 2008 Nan McKay & Associates, Inc. 18-9Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.