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
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
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 provide reasonable accommodation for a family
member who is a person with disabilities.
9. Prohibition of Discrimination. In accordance with
applicable equal opportunity statutes, Executive Orders,
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
b. The owner must cooperate with the PHA and HUD in
conducting equal opportunity compliance reviews and
complaint investigations in connection with the HAP
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
mortgage 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
(5) If the owner has engaged in any drug-related
criminal 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 corrective 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,
suspension of housing assistance payments, abatement
or other reduction of housing assistance payments,
termination of housing assistance payments, and
termination of the HAP contract.
d. The PHA may seek and obtain additional relief by
judicial 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
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
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
b. The tenant or the PHA may enforce the tenancy
addendum (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
management 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
between the PHA and any lender to the owner or any
suppliers, employees, contractors or subcontractors
used by the owner in connection with management of
Previous editions are obsolete
Page 6 of 12
form HUD-52641 (8/2009)
ref Handbook 7420.8