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The main regulation for this program is 24 Code of FederalRegulations Part The local voucher program is administered by a public housingagency PHA. See section by section instructions. Modification of the HAP contract is not permitted. However, the PHA may choose to add the following:Language that prohibits the owner from collecting a securitydeposit in excess of private market practice, or in excess ofamounts charged by the owner to unassisted tenants.
Language that defines when the housing assistance paymentby the PHA is deemed received by the owner e. Part A must then be executed by the ownerand the PHA. Section 3. Contract UnitEnter address of unit, including apartment number, if any.
Section 4. Specify if any such person is a live-in aide, which is a personapproved by the PHA to reside in the unit to provide supportiveservices for a family member who is a person with disabilities. Section 5. Initial Lease TermEnter first date and last date of initial lease term. The initial lease term must be for at least one year. However, thePHA may approve a shorter initial lease term if the PHA determinesthat:o Such shorter term would improve housing opportunitiesfor the tenant, ando Such shorter term is the prevailing local market practice.
Section 6. Initial Rent to OwnerEnter the amount of the monthly rent to owner during the initiallease term. The PHA must determine that the rent to owner isreasonable in comparison to rent for other comparable unassistedunits. During the initial lease term, the owner may not raise therent to owner. Section 7. Housing Assistance Payment Enter the initial amount of the monthly housing assistance payment. Section 8. Utilities and AppliancesThe lease and the HAP contract must specify what utilities andappliances are to be supplied by the owner, and what utilities andappliances are to be supplied by the tenant.
Fill in section 8 toshow who is responsible to provide or pay for utilities andappliances. Contract Unit4. HouseholdThe following persons may reside in the unit. Other persons may not be added to the household without prior written approval ofthe owner and the PHA. Unless otherwise specified below, the owner shall pay for all utilities and appliances provided by the owner. Provision and Payment for Utilities and Appliancesa.
The lease must specify what utilities are to be providedor paid by the owner or the tenant. The lease must specify what appliances are to be providedor paid by the owner or the tenant. Part A of the HAP contract specifies what utilities andappliances are to be provided or paid by the owner or thetenant.
The lease shall be consistent with the HAP contract. Rent to Owner: Reasonable Renta. During the HAP contract term, the rent to owner may atno time exceed the reasonable rent for the contract unitas most recently determined or redetermined by the PHAin accordance with HUD requirements. The PHA must determine whether the rent to owner isreasonable in comparison to rent for other comparableunassisted units.
To make this determination, the PHAmust consider: 1 The location, quality, size, unit type, and age of thecontract unit; and 2 Any amenities, housing services, maintenance andutilities provided and paid by the owner. ThePHA may redetermine the reasonable rent at any time. During the HAP contract term, the rent to owner may notexceed rent charged by the owner for comparable unassistedunits in the premises. The owner must give the PHAany information requested by the PHA on rents charged bythe owner for other units in the premises or elsewhere.
PHA Payment to Ownera. When paid 1 During the term of the HAP contract, the PHA mustmake monthly housing assistance payments to theowner on behalf of the family at the beginning ofeach month. Moreover, the PHA shallnot be obligated to pay any late payment penalty ifhousing assistance payments by the PHA are delayedor denied as a remedy for owner breach of the HAP contract including any of the following PHA remedies:recovery of overpayments, suspension of housingassistance payments, abatement or reduction ofhousing assistance payments, termination of housingassistance payments and termination of the contract.
The PHAshall not pay a housing assistance payment to theowner for any month after the month when thefamily moves out. Owner compliance with HAP contract. Unless theowner has complied with all provisions of the HAP contract, the owner does not have a right to receivehousing assistance payments under the HAP contract.
The PHA mustnotify the family and the owner of any changes in theamount of the housing assistance payment. Application of payment. The monthly housing assistancepayment shall be credited against the monthly rentto owner for the contract unit. Limit of PHA responsibility. The PHA shall not pay any other claim by the owneragainst the family. Overpayment to owner. If the PHA determines that theowner is not entitled to the housing assistance paymentor any part of it, the PHA, in addition to other remedies,may deduct the amount of the overpayment from anyamounts due the owner including amounts due underany other Section 8 assistance contract.
Owner CertificationDuring the term of this contract, the owner certifies that:a. The owner is maintaining the contract unit and premisesin accordance with the HQS. The contract unit is leased to the tenant. The owner has provided thelease to the PHA, including any revisions of the lease. The rent to owner does not exceed rents charged by theowner for rental of comparable unassisted units in thepremises.
Except for the rent to owner, the owner has not receivedand will not receive any payments or other consideration from the family, the PHA, HUD, or any other public orprivate source for rental of the contract unit during the HAP contract term. The family does not own or have any interest in thecontract unit. The owner including a principal or other interestedparty is not the parent, child, grandparent, grandchild,sister, or brother of any member of the family, unless thePHA has determined and has notified the owner and thefamily of such determination that approving rental ofthe unit, notwithstanding such relationship, would providereasonable accommodation for a family memberwho is a person with disabilities.
Prohibition of Discrimination. In accordance with applicableequal opportunity statutes, Executive Orders, and regulations:a. The owner must not discriminate against any personbecause of race, color, religion, sex, national origin, age,familial status, or disability in connection with the HAP contract.
If the PHA determines that a breach has occurred, thePHA may exercise any of its rights and remedies underthe HAP contract, or any other available rights andremedies for such breach. The PHA shall notify theowner of such determination, including a brief statementof the reasons for the determination.
The notice by thePHA to the owner may require the owner to take correctiveaction, as verified or determined by the PHA, by adeadline prescribed in the notice. The PHA may seek and obtain additional relief by judicialorder or action, including specific performance,other injunctive relief or order for damages. Even if the family continues to live in the contract unit,the PHA may exercise any rights and remedies for ownerbreach of the HAP contract. The PHA, HUD and the Comptroller General of theUnited States shall have full and free access to thecontract unit and the premises, and to all accounts andother records of the owner that are relevant to the HAP contract, including the right to examine or audit therecords and to make copies.
The owner must grant such access to computerized orother electronic records, and to any computers, equipmentor facilities containing such records, and mustprovide any information or assistance needed to accessthe records. Exclusion of Third Party Rightsa. The tenant or the PHA may enforce the tenancy addendum Part C of the HAP contract against the owner, andmay exercise any right or remedy against the ownerunder the tenancy addendum.
The owner is not the agent of the PHA, and the HAP contract does not create or affect any relationship betweenthe PHA and any lender to the owner or anysuppliers, employees, contractors or subcontractors usedby the owner in connection with management of thecontract unit or the premises or with implementation ofthe HAP contract.
Conflict of Interesta. A covered individual may not have any direct or indirectinterest in the HAP contract or in any benefits or paymentsunder the contract including the interest of animmediate family member of such covered individual while such person is a covered individual or during oneyear thereafter.
The owner certifies and is responsible for assuring thatno person or entity has or will have a prohibited interest,at execution of the HAP contract, or at any time duringthe HAP contract term. The conflict of interest prohibition under this sectionmay be waived by the HUD field office for good cause. No member of or delegate to the Congress of the UnitedStates or resident commissioner shall be admitted to anyshare or part of the HAP contract or to any benefits whichmay arise from it.
Assignment of the HAP Contract a. If the owner requests PHA consent to assign the HAP contract to a new owner, the owner shall supply anyinformation as required by the PHA pertinent to theproposed assignment.
The HAP contract may not be assigned to a new ownerthat is debarred, suspended or subject to a limited denialof participation under HUD regulations see 24 Code ofFederal Regulations Part The HAP contract may not be assigned to a new owner ifHUD has prohibited such assignment because: 1 The Federal government has instituted an administrativeor judicial action against the owner or proposednew owner for violation of the Fair Housing Act or other Federal equal opportunity requirements,and such action is pending; or 2 A court or administrative agency has determinedthat the owner or proposed new owner violated theFair Housing Act or other Federal equal opportunityrequirements.
The HAP contract may not be assigned to a new owner ifthe new owner including a principal or other interestedparty is the parent, child, grandparent, grandchild, sisteror brother of any member of the family, unless the PHAhas determined and has notified the family of suchdetermination that approving the assignment, notwithstandingsuch relationship, would provide reasonableaccommodation for a family member who is a personwith disabilities.
Written Notices. Any notice by the PHA or the owner inconnection with this contract must be in writing. Entire Agreement: Interpretationa. The new owner must agree to be bound by and complywith the HAP contract. The agreement must be inwriting, and in a form acceptable to the PHA.
The newowner must give the PHA a copy of the executed agreement. Section 8 Voucher Programa. Under the HAP contract, the PHA will makehousing assistance payments to the owner to assist thetenant in leasing the unit from the owner. The owner has given the PHA a copy of the lease, includingany revisions agreed by the owner and the tenant. Theowner certifies that the terms of the lease are in accordancewith all provisions of the HAP contract and that the leaseincludes the tenancy addendum.
The tenant shall have the right to enforce the tenancyaddendum against the owner. If there is any conflictbetween the tenancy addendum and any other provisions ofthe lease, the language of the tenancy addendum shallcontrol. Use of Contract Unita. During the lease term, the family will reside in the contractunit with assistance under the voucher program. The composition of the household must be approved by thePHA.
Section 8 Landlord Forms
HUD-52641-A Tenancy Addendum - Housing Choice Voucher