§ 880.611
Conditions for receipt of vacancy payments.
(a)
General.
Vacancy payments under the Contract will not be made unless the conditions for receipt of these housing assistance payments set forth in this section are fulfilled.
(b)
Vacancies during Rent-up.
For each assisted unit that is not leased as of the effective date of the Contract, the owner is entitled to vacancy payments in the amount of 80 percent of the contract rent for the first 60 days of vacancy if the owner:
(1) Conducted marketing in accordance with § 880.601(a) and otherwise complied with § 880.601;
(2) Has taken and continues to take all feasible actions to fill the vacancy; and
(3) Has not rejected any eligible applicant except for good cause acceptable to the contract administrator.
(c)
Vacancies after Rent-Up.
If an eligible family vacates a unit, the owner is entitled to vacancy payments in the amount of 80 percent of the contract rent for the first 60 days of vacancy if the owner:
(1) Certifies that he did not cause the vacancy by violating the lease, the Contract or any applicable law;
(2) Notified the contract administrator of the vacancy or prospective vacancy and the reasons for the vacancy immediately upon learning of the vacancy or prospective vacancy;
(3) Has fulfilled and continues to fulfill the requirements specified in § 880.601(a) (2) and (3) and paragraph (b) (2) and (3) of this section; and
(4) For any vacancy resulting from the owner's eviction of an eligible family, certifies that he has complied with § 880.607.
(d)