Fillable (HAP Contract) Section 8 Tenant-Based Assistance Housing Choice (Utah County Government)

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(HAP Contract) Section 8 Tenant-Based Assistance Housing Choice (Utah County Government)

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form HUD-52641 (3/2000)
ref Handbook 7420.8
Previous editions are obsolete
Housing Assistance Payments Contract
(HAP Contract)
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
Instructions for use of HAP Contract
This form of Housing Assistance Payments Contract (HAP con-
tract) is used to provide Section 8 tenant-based assistance under
the housing choice voucher program (voucher program) of the
U.S. Department of Housing and Urban Development (HUD).
The main regulation for this program is 24 Code of Federal
Regulations Part 982.
The local voucher program is administered by a public housing
agency (PHA). The HAP contract is an agreement between the
PHA and the owner of a unit occupied by an assisted family. The
HAP contract has three parts:
Part A Contract information (fill-ins).
See section by section instructions.
Part B Body of contract
Part C Tenancy addendum
Use of this form
Use of this HAP contract is required by HUD. Modification of the
HAP contract is not permitted. The HAP contract must be word-
for-word in the form prescribed by HUD.
However, the PHA may choose to add the following:
Language that prohibits the owner from collecting a security
deposit in excess of private market practice, or in excess of
amounts charged by the owner to unassisted tenants. Such a
prohibition must be added to Part A of the HAP contract.
Language that defines when the housing assistance payment
by the PHA is deemed received by the owner (e.g., upon
mailing by the PHA or actual receipt by the owner). Such
language must be added to Part A of the HAP contract.
To prepare the HAP contract, fill in all contract information in
Part A of the contract. Part A must then be executed by the owner
and the PHA.
Use for special housing types
In addition to use for the basic Section 8 voucher program, this
form must also be used for the following “special housing types”
which are voucher program variants for special needs (see 24
CFR Part 982, Subpart M): (1) single room occupancy (SRO)
housing; (2) congregate housing; (3) group home; (4) shared
housing; and (5) manufactured home rental by a family that leases
the manufactured home and space. When this form is used for a
special housing type, the special housing type shall be specified
in Part A of the HAP contract, as follows: “This HAP contract is
used for the following special housing type under HUD regula-
tions for the Section 8 voucher program: (Insert Name of Special
Housing type)."
Page i
However, this form may not be used for the following special
housing types: (1) manufactured home space rental by a family
that owns the manufactured home and leases only the space; (2)
cooperative housing; and (3) the homeownership option under
Section 8(y) of the United States Housing Act of 1937 (42 U.S.C.
1437f(y)).
How to fill in Part A
Section by Section Instructions
Section 2: Tenant
Enter full name of tenant.
Section 3. Contract Unit
Enter address of unit, including apartment number, if any.
Section 4. Household Members
Enter full names of all PHA-approved household members.
Specify if any such person is a live-in aide, which is a person
approved by the PHA to reside in the unit to provide supportive
services for a family member who is a person with disabilities.
Section 5. Initial Lease Term
Enter first date and last date of initial lease term.
The initial lease term must be for at least one year. However, the
PHA may approve a shorter initial lease term if the PHA deter-
mines that:
o Such shorter term would improve housing opportunities
for the tenant, and
o Such shorter term is the prevailing local market practice.
Section 6. Initial Rent to Owner
Enter the amount of the monthly rent to owner during the initial
lease term. The PHA must determine that the rent to owner is
reasonable in comparison to rent for other comparable unassisted
units. During the initial lease term, the owner may not raise the
rent to owner.
Section 7. Housing Assistance Payment
Enter the initial amount of the monthly housing assistance payment.
Section 8. Utilities and Appliances
The lease and the HAP contract must specify what utilities and
appliances are to be supplied by the owner, and what utilities and
appliances are to be supplied by the tenant. Fill in section 8 to
show who is responsible to provide or pay for utilities and
appliances.
form HUD-52641 (3/2000)
ref Handbook 7420.8
Previous editions are obsolete
Housing Assistance Payments Contract
(HAP Contract)
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
Page 1 of 10
Part A of the HAP Contract: Contract Information
(To prepare the contract, fill out all contract information in Part A.)
1. Contents of Contract
This HAP contract has three parts:
Part A: Contract Information
Part B: Body of Contract
Part C: Tenancy Addendum
2. Tenant
3. Contract Unit
4. Household
The following persons may reside in the unit. Other persons may not be added to the household without prior written approval of
the owner and the PHA.
5. Initial Lease Term
The initial lease term begins on (mm/dd/yyyy): ______________________________
The initial lease term ends on (mm/dd/yyyy): _______________________________
6. Initial Rent to Owner
The initial rent to owner is: $ __________________________
During the initial lease term, the owner may not raise the rent to owner.
7. Initial Housing Assistance Payment
The HAP contract term commences on the first day of the initial lease term. At the beginning of the HAP contract term, the amount
of the housing assistance payment by the PHA to the owner is $ __________________ per month.
The amount of the monthly housing assistance payment by the PHA to the owner is subject to change during the HAP contract term
in accordance with HUD requirements.
form HUD-52641 (3/2000)
ref Handbook 7420.8
Previous editions are obsolete
Page 2 of 10
Signatures:
Public Housing Agency
Print or Type Name of PHA
Signature
Print or Type Name and Title of Signatory
Date (mm/dd/yyyy)
Owner
Print or Type Name of Owner
Signature
Print or Type Name and Title of Signatory
Date (mm/dd/yyyy)
8. Utilities and Appliances
The owner shall provide or pay for the utilities and appliances indicated below by an “O”. The tenant shall provide or pay for the utilities and appliances indicated
below by a “T”. Unless otherwise specified below, the owner shall pay for all utilities and appliances provided by the owner.
Item Specify fuel type Provided by Paid by
Heating Natural gas Bottle gas Oil or Electric Coal or Other
Cooking Natural gas Bottle gas Oil or Electric Coal or Other
Water Heating Natural gas Bottle gas Oil or Electric Coal or Other
Other Electric
Water
Sewer
Trash Collection
Air Conditioning
Refrigerator
Range/Microwave
Other (specify)
Mail Payments to:
Name
Address (street, city, State, Zip)
form HUD-52641 (3/2000)
ref Handbook 7420.8
Previous editions are obsolete
Part B of HAP Contract: Body of Contract
1. Purpose
a. This is a HAP contract between the PHA and the owner.
The HAP contract is entered to provide assistance for the
family under the Section 8 voucher program (see HUD
program regulations at 24 Code of Federal Regulations
Part 982).
b. The HAP contract only applies to the household and
contract unit specified in Part A of the HAP contract.
c. During the HAP contract term, the PHA will pay housing
assistance payments to the owner in accordance with the
HAP contract.
d. The family will reside in the contract unit with assistance
under the Section 8 voucher program. The housing assis-
tance payments by the PHA assist the tenant to lease the
contract unit from the owner for occupancy by the family.
2. Lease of Contract Unit
a. The owner has leased the contract unit to the tenant for
occupancy by the family with assistance under the Sec-
tion 8 voucher program.
b. The PHA has approved leasing of the unit in accordance
with requirements of the Section 8 voucher program.
c. The lease for the contract unit must include word-for-
word all provisions of the tenancy addendum required by
HUD (Part C of the HAP contract).
d. The owner certifies that:
(1) The owner and the tenant have entered into a lease of
the contract unit that includes all provisions of the
tenancy addendum.
(2) The lease is in a standard form that is used in the
locality by the owner and that is generally used for
other unassisted tenants in the premises.
(3) The lease is consistent with State and local law.
e. The owner is responsible for screening the family’s
behavior or suitability for tenancy. The PHA is not
responsible for such screening. The PHA has no liability
or responsibility to the owner or other persons for the
family’s behavior or the family’s conduct in tenancy.
3. Maintenance, Utilities, and Other Services
a. The owner must maintain the contract unit and premises
in accordance with the housing quality standards (HQS).
b. The owner must provide all utilities needed to comply
with the HQS.
c. If the owner does not maintain the contract unit in
accordance with the HQS, or fails to provide all utilities
needed to comply with the HQS, the PHA may exercise
any available remedies. PHA remedies for such breach
include recovery of overpayments, suspension of hous-
Housing Assistance Payments Contract
(HAP) Contract
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
ing assistance payments, abatement or other reduction of
housing assistance payments, termination of housing
assistance payments, and termination of the HAP con-
tract. The PHA may not exercise such remedies against
the owner because of an HQS breach for which the
family is responsible, and that is not caused by the
owner.
d. The PHA shall not make any housing assistance pay-
ments if the contract unit does not meet the HQS, unless
the owner corrects the defect within the period specified
by the PHA and the PHA verifies the correction. If a
defect is life threatening, the owner must correct the
defect within no more than 24 hours. For other defects,
the owner must correct the defect within the period
specified by the PHA.
e. The PHA may inspect the contract unit and premises at
such times as the PHA determines necessary, to ensure
that the unit is in accordance with the HQS.
f. The PHA must notify the owner of any HQS defects
shown by the inspection.
g. The owner must provide all housing services as agreed to
in the lease.
4. Term of HAP Contract
a. Relation to lease term. The term of the HAP contract
begins on the first day of the initial term of the lease, and
terminates on the last day of the term of the lease
(including the initial lease term and any extensions).
b. When HAP contract terminates.
(1) The HAP contract terminates automatically if the
lease is terminated by the owner or the tenant.
(2) The PHA may terminate program assistance for the
family for any grounds authorized in accordance
with HUD requirements. If the PHA terminates
program assistance for the family, the HAP contract
terminates automatically.
(3) If the family moves from the contract unit, the HAP
contract terminates automatically.
(4) The HAP contract terminates automatically 180 cal-
endar days after the last housing assistance payment
to the owner.
(5) The PHA may terminate the HAP contract if the
PHA determines, in accordance with HUD require-
ments, that available program funding is not suffi-
cient to support continued assistance for families in
the program.
Page 3 of 10
form HUD-52641 (3/2000)
ref Handbook 7420.8
Previous editions are obsolete
(6) The PHA may terminate the HAP contract if the
PHA determines that the contract unit does not
provide adequate space in accordance with the HQS
because of an increase in family size or a change in
family composition.
(7) If the family breaks up, the PHA may terminate the
HAP contract, or may continue housing assistance
payments on behalf of family members who remain
in the contract unit.
(8) The PHA may terminate the HAP contract if the
PHA determines that the unit does not meet all
requirements of the HQS, or determines that the
owner has otherwise breached the HAP contract.
5. Provision and Payment for Utilities and Appliances
a. The lease must specify what utilities are to be provided
or paid by the owner or the tenant.
b. The lease must specify what appliances are to be pro-
vided or paid by the owner or the tenant.
c. Part A of the HAP contract specifies what utilities and
appliances are to be provided or paid by the owner or the
tenant. The lease shall be consistent with the HAP
contract.
6. Rent to Owner: Reasonable Rent
a. During the HAP contract term, the rent to owner may at
no time exceed the reasonable rent for the contract unit
as most recently determined or redetermined by the PHA
in accordance with HUD requirements.
b. The PHA must determine whether the rent to owner is
reasonable in comparison to rent for other comparable
unassisted units. To make this determination, the PHA
must consider:
(1) The location, quality, size, unit type, and age of the
contract unit; and
(2) Any amenities, housing services, maintenance and
utilities provided and paid by the owner.
c. The PHA must redetermine the reasonable rent when
required in accordance with HUD requirements. The
PHA may redetermine the reasonable rent at any time.
d. During the HAP contract term, the rent to owner may not
exceed rent charged by the owner for comparable unas-
sisted units in the premises. The owner must give the PHA
any information requested by the PHA on rents charged by
the owner for other units in the premises or elsewhere.
7. PHA Payment to Owner
a. When paid
(1) During the term of the HAP contract, the PHA must
make monthly housing assistance payments to the
owner on behalf of the family at the beginning of
each month.
(2) The PHA must pay housing assistance payments
promptly when due to the owner.
(3) If housing assistance payments are not paid promptly
when due after the first two calendar months of the
HAP contract term , the PHA shall pay the owner
penalties in accordance with generally accepted prac-
tices and law, as applicable in the local housing
market, governing penalties for late payment by a
tenant. However, the PHA shall not be obligated to
pay any late payment penalty if HUD determines
that late payment by the PHA is due to factors
beyond the PHA’s control. Moreover, the PHA shall
not be obligated to pay any late payment penalty if
housing assistance payments by the PHA are delayed
or denied as a remedy for owner breach of the HAP
contract (including any of the following PHA rem-
edies: recovery of overpayments, suspension of hous-
ing assistance payments, abatement or reduction of
housing assistance payments, termination of housing
assistance payments and termination of the contract).
(4) Housing assistance payments shall only be paid to
the owner while the family is residing in the contract
unit during the term of the HAP contract. The PHA
shall not pay a housing assistance payment to the
owner for any month after the month when the
family moves out.
b. Owner compliance with HAP contract. Unless the
owner has complied with all provisions of the HAP
contract, the owner does not have a right to receive
housing assistance payments under the HAP contract.
c. Amount of PHA payment to owner
(1) The amount of the monthly PHA housing assistance
payment to the owner shall be determined by the
PHA in accordance with HUD requirements for a
tenancy under the voucher program.
(2) The amount of the PHA housing assistance payment
is subject to change during the HAP contract term in
accordance with HUD requirements. The PHA must
notify the family and the owner of any changes in the
amount of the housing assistance payment.
(3) The housing assistance payment for the first month
of the HAP contract term shall be pro-rated for a
partial month.
d. Application of payment. The monthly housing assis-
tance payment shall be credited against the monthly rent
to owner for the contract unit.
e. Limit of PHA responsibility.
(1) The PHA is only responsible for making housing
assistance payments to the owner in accordance with
the HAP contract and HUD requirements for a ten-
ancy under the voucher program.
(2) The PHA shall not pay any portion of the rent to
owner in excess of the housing assistance payment.
The PHA shall not pay any other claim by the owner
against the family.
f. Overpayment to owner. If the PHA determines that the
owner is not entitled to the housing assistance payment
or any part of it, the PHA, in addition to other remedies,
may deduct the amount of the overpayment from any
amounts due the owner (including amounts due under
any other Section 8 assistance contract).
Page 4 of 10
form HUD-52641 (3/2000)
ref Handbook 7420.8
Previous editions are obsolete
8. Owner Certification
During the term of this contract, the owner certifies that:
a. The owner is maintaining the contract unit and premises
in accordance with the HQS.
b. The contract unit is leased to the tenant. The lease
includes the tenancy addendum (Part C of the HAP
contract), and is in accordance with the HAP contract
and program requirements. The owner has provided the
lease to the PHA, including any revisions of the lease.
c. The rent to owner does not exceed rents charged by the
owner for rental of comparable unassisted units in the
premises.
d. Except for the rent to owner, the owner has not received
and will not receive any payments or other consideration
(from the family, the PHA, HUD, or any other public or
private source) for rental of the contract unit during the
HAP contract term.
e. The family does not own or have any interest in the
contract unit.
f. To the best of the owner’s knowledge, the members of
the family reside in the contract unit, and the unit is the
family’s only residence.
g. The owner (including a principal or other interested
party) is not the parent, child, grandparent, grandchild,
sister, or brother of any member of the family, unless the
PHA has determined (and has notified the owner and the
family of such determination) that approving rental of
the unit, notwithstanding such relationship, would pro-
vide reasonable accommodation for a family member
who is a person with disabilities.
9. Prohibition of Discrimination. In accordance with appli-
cable equal opportunity statutes, Executive Orders, and regu-
lations:
a. The owner must not discriminate against any person
because of race, color, religion, sex, national origin, age,
familial status, or disability in connection with the HAP
contract.
b. The owner must cooperate with the PHA and HUD in
conducting equal opportunity compliance reviews and
complaint investigations in connection with the HAP
contract.
10. Owner’s Breach of HAP Contract
a. Any of the following actions by the owner (including a
principal or other interested party) is a breach of the HAP
contract by the owner:
(1) If the owner has violated any obligation under the
HAP contract, including the owner’s obligation to
maintain the unit in accordance with the HQS.
(2) If the owner has violated any obligation under any
other housing assistance payments contract under
Section 8.
(3) If the owner has committed fraud, bribery or any
other corrupt or criminal act in connection with any
Federal housing assistance program.
(4) For projects with mortgages insured by HUD or
loans made by HUD, if the owner has failed to
comply with the regulations for the applicable mort-
gage insurance or loan program, with the mortgage
or mortgage note, or with the regulatory agreement;
or if the owner has committed fraud, bribery or any
other corrupt or criminal act in connection with the
mortgage or loan.
(5) If the owner has engaged in any drug-related crimi-
nal activity or any violent criminal activity.
b. If the PHA determines that a breach has occurred, the
PHA may exercise any of its rights and remedies under
the HAP contract, or any other available rights and
remedies for such breach. The PHA shall notify the
owner of such determination, including a brief statement
of the reasons for the determination. The notice by the
PHA to the owner may require the owner to take correc-
tive action, as verified or determined by the PHA, by a
deadline prescribed in the notice.
c. The PHA’s rights and remedies for owner breach of the
HAP contract include recovery of overpayments, sus-
pension of housing assistance payments, abatement or
other reduction of housing assistance payments, termi-
nation of housing assistance payments, and termination
of the HAP contract.
d. The PHA may seek and obtain additional relief by judi-
cial order or action, including specific performance,
other injunctive relief or order for damages.
e. Even if the family continues to live in the contract unit,
the PHA may exercise any rights and remedies for owner
breach of the HAP contract.
f. The PHA’s exercise or non-exercise of any right or
remedy for owner breach of the HAP contract is not a
waiver of the right to exercise that or any other right or
remedy at any time.
11. PHA and HUD Access to Premises and Owner’s Records
a. The owner must provide any information pertinent to the
HAP contract that the PHA or HUD may reasonably
require.
b. The PHA, HUD and the Comptroller General of the
United States shall have full and free access to the
contract unit and the premises, and to all accounts and
other records of the owner that are relevant to the HAP
contract, including the right to examine or audit the
records and to make copies.
c. The owner must grant such access to computerized or
other electronic records, and to any computers, equip-
ment or facilities containing such records, and must
provide any information or assistance needed to access
the records.
12. Exclusion of Third Party Rights
a. The family is not a party to or third party beneficiary of
Part B of the HAP contract. The family may not enforce
any provision of Part B, and may not exercise any right
or remedy against the owner or PHA under Part B.
Page 5 of 10
form HUD-52641 (3/2000)
ref Handbook 7420.8
Previous editions are obsolete
b. The tenant or the PHA may enforce the tenancy adden-
dum (Part C of the HAP contract) against the owner, and
may exercise any right or remedy against the owner
under the tenancy addendum.
c. The PHA does not assume any responsibility for injury
to, or any liability to, any person injured as a result of the
owner’s action or failure to act in connection with man-
agement of the contract unit or the premises or with
implementation of the HAP contract, or as a result of any
other action or failure to act by the owner.
d. The owner is not the agent of the PHA, and the HAP
contract does not create or affect any relationship be-
tween the PHA and any lender to the owner or any
suppliers, employees, contractors or subcontractors used
by the owner in connection with management of the
contract unit or the premises or with implementation of
the HAP contract.
13. Conflict of Interest
a. “Covered individual” means a person or entity who is a
member of any of the following classes:
(1) Any present or former member or officer of the PHA
(except a PHA commissioner who is a participant in
the program);
(2) Any employee of the PHA, or any contractor, sub-
contractor or agent of the PHA, who formulates
policy or who influences decisions with respect to
the program;
(3) Any public official, member of a governing body, or
State or local legislator, who exercises functions or
responsibilities with respect to the program; or
(4) Any member of the Congress of the United States.
b. A covered individual may not have any direct or indirect
interest in the HAP contract or in any benefits or pay-
ments under the contract (including the interest of an
immediate family member of such covered individual)
while such person is a covered individual or during one
year thereafter.
c. “Immediate family member” means the spouse, parent
(including a stepparent), child (including a stepchild),
grandparent, grandchild, sister or brother (including a
stepsister or stepbrother) of any covered individual.
d. The owner certifies and is responsible for assuring that
no person or entity has or will have a prohibited interest,
at execution of the HAP contract, or at any time during
the HAP contract term.
e. If a prohibited interest occurs, the owner shall promptly
and fully disclose such interest to the PHA and HUD.
f. The conflict of interest prohibition under this section
may be waived by the HUD field office for good cause.
g. No member of or delegate to the Congress of the United
States or resident commissioner shall be admitted to any
share or part of the HAP contract or to any benefits which
may arise from it.
14. Assignment of the HAP Contract
a. The owner may not assign the HAP contract to a new
owner without the prior written consent of the PHA.
b. If the owner requests PHA consent to assign the HAP
contract to a new owner, the owner shall supply any
information as required by the PHA pertinent to the
proposed assignment.
c. The HAP contract may not be assigned to a new owner
that is debarred, suspended or subject to a limited denial
of participation under HUD regulations (see 24 Code of
Federal Regulations Part 24).
d. The HAP contract may not be assigned to a new owner if
HUD has prohibited such assignment because:
(1) The Federal government has instituted an adminis-
trative or judicial action against the owner or pro-
posed new 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 determined
that the owner or proposed new owner violated the
Fair Housing Act or other Federal equal opportunity
requirements.
e. The HAP contract may not be assigned to a new owner if
the new owner (including a principal or other interested
party) is the parent, child, grandparent, grandchild, sister
or brother of any member of the family, unless the PHA
has determined (and has notified the family of such
determination) that approving the assignment, notwith-
standing such relationship, would provide reasonable
accommodation for a family member who is a person
with disabilities.
f. The PHA may deny approval to assign the HAP contract
if the owner or proposed new owner (including a princi-
pal or other interested party):
(1) Has violated obligations under a housing assistance
payments contract under Section 8;
(2) Has committed fraud, bribery or any other corrupt or
criminal act in connection with any Federal housing
program;
(3) Has engaged in any drug-related criminal activity or
any violent criminal activity;
(4) Has a history or practice of non-compliance with the
HQS for units leased under the Section 8 tenant-
based programs, or non-compliance with applicable
housing standards for units leased with project-
based Section 8 assistance or for units leased under
any other Federal housing program;
(5) Has a history or practice of failing to terminate
tenancy of tenants assisted under any Federally as-
sisted housing program for activity engaged in by
the tenant, any member of the household, a guest or
another person under the control of any member of
the household that:
(a) Threatens the right to peaceful enjoyment of the
premises by other residents;
Page 6 of 10
form HUD-52641 (3/2000)
ref Handbook 7420.8
Previous editions are obsolete
(b) Threatens the health or safety of other residents,
of employees of the PHA, or of owner employ-
ees or other persons engaged in management of
the housing;
(c) Threatens the health or safety of, or the right to
peaceful enjoyment of their residents by, per-
sons residing in the immediate vicinity of the
premises; or
(d) Is drug-related criminal activity or violent crimi-
nal activity;
(6) Has a history or practice of renting units that fail to
meet State or local housing codes; or
(7) Has not paid State or local real estate taxes, fines or
assessments.
g. The new owner must agree to be bound by and comply
with the HAP contract. The agreement must be in
writing, and in a form acceptable to the PHA. The new
owner must give the PHA a copy of the executed agree-
ment.
15. Written Notices. Any notice by the PHA or the owner in
connection with this contract must be in writing.
16. Entire Agreement: Interpretation
a. The HAP contract contains the entire agreement between
the owner and the PHA.
b. The HAP contract shall be interpreted and implemented
in accordance with HUD requirements, including the
HUD program regulations at 24 Code of Federal Regu-
lations Part 982.
Page 7 of 10
form HUD-52641 (3/2000)
ref Handbook 7420.8
Previous editions are obsolete
Part C of HAP Contract: Tenancy Addendum
1. Section 8 Voucher Program
a. The owner is leasing the contract unit to the tenant for
occupancy by the tenant’s family with assistance for a
tenancy under the Section 8 housing choice voucher pro-
gram (voucher program) of the United States Department
of Housing and Urban Development (HUD).
b. The owner has entered into a Housing Assistance Payments
Contract (HAP contract) with the PHA under the voucher
program. Under the HAP contract, the PHA will make
housing assistance payments to the owner to assist the
tenant in leasing the unit from the owner.
2. Lease
a. The owner has given the PHA a copy of the lease, including
any revisions agreed by the owner and the tenant. The
owner certifies that the terms of the lease are in accordance
with all provisions of the HAP contract and that the lease
includes the tenancy addendum.
b. The tenant shall have the right to enforce the tenancy
addendum against the owner. If there is any conflict
between the tenancy addendum and any other provisions of
the lease, the language of the tenancy addendum shall
control.
3. Use of Contract Unit
a. During the lease term, the family will reside in the contract
unit with assistance under the voucher program.
b. The composition of the household must be approved by the
PHA. The family must promptly inform the PHA of the
birth, adoption or court-awarded custody of a child. Other
persons may not be added to the household without prior
written approval of the owner and the PHA.
c. The contract unit may only be used for residence by the
PHA-approved household members. The unit must be the
family’s only residence. Members of the household may
engage in legal profitmaking activities incidental to pri-
mary use of the unit for residence by members of the family.
d. The tenant may not sublease or let the unit.
e. The tenant may not assign the lease or transfer the unit.
4. Rent to Owner
a. The initial rent to owner may not exceed the amount
approved by the PHA in accordance with HUD require-
ments.
b. Changes in the rent to owner shall be determined by the
provisions of the lease. However, the owner may not raise
the rent during the initial term of the lease.
c. During the term of the lease (including the initial term of the
lease and any extension term), the rent to owner may at no
time exceed:
(1) The reasonable rent for the unit as most recently
determined or redetermined by the PHA in accordance
with HUD requirements, or
(2) Rent charged by the owner for comparable unassisted
units in the premises.
5. Family Payment to Owner
a. The family is responsible for paying the owner any portion
of the rent to owner that is not covered by the PHA housing
assistance payment.
b. Each month, the PHA will make a housing assistance
payment to the owner on behalf of the family in accordance
with the HAP contract. The amount of the monthly housing
assistance payment will be determined by the PHA in
accordance with HUD requirements for a tenancy under the
Section 8 voucher program.
c. The monthly housing assistance payment shall be credited
against the monthly rent to owner for the contract unit.
d. The tenant is not responsible for paying the portion of rent
to owner covered by the PHA housing assistance payment
under the HAP contract between the owner and the PHA. A
PHA failure to pay the housing assistance payment to the
owner is not a violation of the lease. The owner may not
terminate the tenancy for nonpayment of the PHA housing
assistance payment.
e. The owner may not charge or accept, from the family or
from any other source, any payment for rent of the unit in
addition to the rent to owner. Rent to owner includes all
housing services, maintenance, utilities and appliances to
be provided and paid by the owner in accordance with the
lease.
f. The owner must immediately return any excess rent pay-
ment to the tenant.
6. Other Fees and Charges
a. Rent to owner does not include cost of any meals or
supportive services or furniture which may be provided by
the owner.
b. The owner may not require the tenant or family members to
pay charges for any meals or supportive services or furni-
ture which may be provided by the owner. Nonpayment of
any such charges is not grounds for termination of tenancy.
c. The owner may not charge the tenant extra amounts for
items customarily included in rent to owner in the locality,
or provided at no additional cost to unsubsidized tenants in
the premises.
7. Maintenance, Utilities, and Other Services
a. Maintenance
(1) The owner must maintain the unit and premises in
accordance with the HQS.
(2) Maintenance and replacement (including redecora-
tion) must be in accordance with the standard practice
for the building concerned as established by the owner.
Housing Assistance Payments Contract
(HAP Contract)
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
Page 8 of 10
form HUD-52641 (3/2000)
ref Handbook 7420.8
Previous editions are obsolete
b. Utilities and appliances
(1) The owner must provide all utilities needed to comply
with the HQS.
(2) The owner is not responsible for a breach of the HQS
caused by the tenant’s failure to:
(a) Pay for any utilities that are to be paid by the
tenant.
(b) Provide and maintain any appliances that are to be
provided by the tenant.
c. Family damage. The owner is not responsible for a breach
of the HQS because of damages beyond normal wear and
tear caused by any member of the household or by a guest.
d. Housing services. The owner must provide all housing
services as agreed to in the lease.
8. Termination of Tenancy by Owner
a. Requirements. The owner may only terminate the tenancy
in accordance with the lease and HUD requirements.
b. Grounds. During the term of the lease (the initial term of
the lease or any extension term), the owner may only
terminate the tenancy because of:
(1) Serious or repeated violation of the lease;
(2) Violation of Federal, State, or local law that imposes
obligations on the tenant in connection with the occu-
pancy or use of the unit and the premises;
(3) Criminal activity or alcohol abuse (as provided in
paragraph c); or
(4) Other good cause (as provided in paragraph d).
c. Criminal activity or alcohol abuse.
(1) The owner may terminate the tenancy during the term
of the lease if any member of the household, a guest or
another person under a resident’s control commits any
of the following types of criminal activity:
(a) Any criminal activity that threatens the health or
safety of, or the right to peaceful enjoyment of the
premises by, other residents (including property
management staff residing on the premises);
(b) Any criminal activity that threatens the health or
safety of, or the right to peaceful enjoyment of
their residences by, persons residing in the imme-
diate vicinity of the premises;
(c) Any violent criminal activity on or near the pre-
mises; or
(d) Any drug-related criminal activity on or near the
premises.
(2) The owner may terminate the tenancy during the term
of the lease if any member of the household is:
(a) Fleeing to avoid prosecution, or custody or con-
finement after conviction, for a crime, or attempt
to commit a crime, that is a felony under the laws
of the place from which the individual flees, or
that, in the case of the State of New Jersey, is a high
misdemeanor; or
(b) Violating a condition of probation or parole under
Federal or State law.
(3) The owner may terminate the tenancy for criminal
activity by a household member in accordance with
this section if the owner determines that the household
member has committed the criminal activity, regard-
less of whether the household member has been ar-
rested or convicted for such activity.
(4) The owner may terminate the tenancy during the term
of the lease if any member of the household has
engaged in abuse of alcohol that threatens the health,
safety or right to peaceful enjoyment of the premises by
other residents.
d. Other good cause for termination of tenancy
(1) During the initial lease term, other good cause for
termination of tenancy must be something the family
did or failed to do.
(2) During the initial lease term or during any extension
term, other good cause includes:
(a) Disturbance of neighbors,
(b) Destruction of property, or
(c) Living or housekeeping habits that cause damage
to the unit or premises.
(3) After the initial lease term, such good cause includes:
(a) The tenant’s failure to accept the owner’s offer of
a new lease or revision;
(b) The owner’s desire to use the unit for personal or
family use or for a purpose other than use as a
residential rental unit; or
(c) A business or economic reason for termination of
the tenancy (such as sale of the property, renova-
tion of the unit, the owner’s desire to rent the unit
for a higher rent).
e. Eviction by court action. The owner may only evict the
tenant by a court action.
f. Owner notice of grounds
(1) At or before the beginning of a court action to evict the
tenant, the owner must give the tenant a notice that
specifies the grounds for termination of tenancy. The
notice may be included in or combined with any owner
eviction notice.
(2) The owner must give the PHA a copy of any owner
eviction notice at the same time the owner notifies the
tenant.
(3) Eviction notice means a notice to vacate, or a complaint
or other initial pleading used to begin an eviction action
under State or local law.
9. Lease: Relation to HAP Contract
If the HAP contract terminates for any reason, the lease termi-
nates automatically.
10. PHA Termination of Assistance
The PHA may terminate program assistance for the family for
any grounds authorized in accordance with HUD requirements.
If the PHA terminates program assistance for the family, the
lease terminates automatically.
Page 9 of 10
form HUD-52641 (3/2000)
ref Handbook 7420.8
Previous editions are obsolete
11. Family Move Out
The tenant must notify the PHA and the owner before the
family moves out of the unit.
12. Security Deposit
a. The owner may collect a security deposit from the tenant.
(However, the PHA may prohibit the owner from collecting
a security deposit in excess of private market practice, or in
excess of amounts charged by the owner to unassisted
tenants. Any such PHA-required restriction must be speci-
fied in the HAP contract.)
b. When the family moves out of the contract unit, the owner,
subject to State and local law, may use the security deposit,
including any interest on the deposit, as reimbursement for
any unpaid rent payable by the tenant, any damages to the
unit or any other amounts that the tenant owes under the
lease.
c. The owner must give the tenant a list of all items charged
against the security deposit, and the amount of each item.
After deducting the amount, if any, used to reimburse the
owner, the owner must promptly refund the full amount of
the unused balance to the tenant.
d. If the security deposit is not sufficient to cover amounts the
tenant owes under the lease, the owner may collect the
balance from the tenant.
13. Prohibition of Discrimination
In accordance with applicable equal opportunity statutes, Ex-
ecutive Orders, and regulations, the owner must not discrimi-
nate against any person because of race, color, religion, sex,
national origin, age, familial status or disability in connection
with the lease.
14. Conflict with Other Provisions of Lease
a. The terms of the tenancy addendum are prescribed by HUD
in accordance with Federal law and regulation, as a condi-
tion for Federal assistance to the tenant and tenant’s family
under the Section 8 voucher program.
b. In case of any conflict between the provisions of the tenancy
addendum as required by HUD, and any other provisions of
the lease or any other agreement between the owner and the
tenant, the requirements of the HUD-required tenancy
addendum shall control.
15. Changes in Lease or Rent
a. The tenant and the owner may not make any change in the
tenancy addendum. However, if the tenant and the owner
agree to any other changes in the lease, such changes must be
in writing, and the owner must immediately give the PHA a
copy of such changes. The lease, including any changes,
must be in accordance with the requirements of the tenancy
addendum.
b. In the following cases, tenant-based assistance shall not be
continued unless the PHA has approved a new tenancy in
accordance with program requirements and has executed a
new HAP contract with the owner:
(1) If there are any changes in lease requirements governing
tenant or owner responsibilities for utilities or appli-
ances;
(2) If there are any changes in lease provisions governing
the term of the lease;
(3) If the family moves to a new unit, even if the unit is in the
same building or complex.
c. PHA approval of the tenancy, and execution of a new HAP
contract, are not required for agreed changes in the lease
other than as specified in paragraph b.
d. The owner must notify the PHA of any changes in the amount
of the rent to owner at least sixty days before any such
changes go into effect, and the amount of the rent to owner
following any such agreed change may not exceed the
reasonable rent for the unit as most recently determined or
redetermined by the PHA in accordance with HUD require-
ments.
16. Notices
Any notice under the lease by the tenant to the owner or by the
owner to the tenant must be in writing.
17. Definitions
Contract unit. The housing unit rented by the tenant with assistance
under the program.
Family. The persons who may reside in the unit with assistance
under the program.
HAP contract. The housing assistance payments contract between
the PHA and the owner. The PHA pays housing assistance payments
to the owner in accordance with the HAP contract.
Household. The persons who may reside in the contract unit. The
household consists of the family and any PHA-approved live-in aide.
(A live-in aide is a person who resides in the unit to provide necessary
supportive services for a member of the family who is a person with
disabilities.)
Housing quality standards (HQS). The HUD minimum quality
standards for housing assisted under the Section 8 tenant-based
programs.
HUD. The U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements for the Section 8 program.
HUD requirements are issued by HUD headquarters, as regulations,
Federal Register notices or other binding program directives.
Lease. The written agreement between the owner and the tenant for
the lease of the contract unit to the tenant. The lease includes the
tenancy addendum prescribed by HUD.
PHA. Public Housing Agency.
Premises. The building or complex in which the contract unit is
located, including common areas and grounds.
Program. The Section 8 housing choice voucher program.
Rent to owner. The total monthly rent payable to the owner for the
contract unit. The rent to owner is the sum of the portion of rent
payable by the tenant plus the PHA housing assistance payment to
the owner.
Section 8. Section 8 of the United States Housing Act of 1937 (42
United States Code 1437f).
Tenant. The family member (or members) who leases the unit from
the owner.
Voucher program. The Section 8 housing choice voucher program.
Under this program, HUD provides funds to an PHA for rent subsidy
on behalf of eligible families. The tenancy under the lease will be
assisted with rent subsidy for a tenancy under the voucher program.
Page 10 of 10
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(HAP Contract) Section 8 Tenant-Based Assistance Housing Choice (Utah County Government)

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Completed 6 August 2020

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