Fill - Free fillable Housing Assistance Payments Contract PDF form

Housing Assistance Payments Contract

U.S. Department of Housing

and Urban Development

(HAP Contract)

Office of Public and Indian Housing

Section 8 Tenant-Based Assistance

OMB Approval No. 2577- 0169

Housing Choice Voucher Program

(Exp. 10/31/2010)

Privacy Act Statement. The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form by

Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). Collection of family members’ names and unit address, and owner’s name and payment

address is mandatory. The information is used to provide Section 8 tenant-based assistance under the Housing Choice Voucher program in the form

of housing assistance payments. The information also specifies what utilities and appliances are to be supplied by the owner, and what utilities and

appliances are to be supplied by the tenant. HUD may disclose this information to Federal, State and local agencies when relevant to civil, criminal, or

regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as permitted or required by law.

Failure to provide any of the information may result in delay or rejection of family or owner participation in the program.

________________________________________________________________________________

Instructions for use of HAP Contract

This form of Housing Assistance Payments Contract (HAP contract)

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 regulations for the Section 8

voucher program: (Insert Name of Special Housing type).”

Previous editions are obsolete Page 1 of 12

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

determines that:

Such shorter term would improve housing

opportunities for the tenant, and

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 (8/2009)

ref Handbook 7420.8

Housing Assistance Payments Contract

U.S. Department of Housing

and Urban Development

(HAP Contract)

Office of Public and Indian Housing

Section 8 Tenant-Based Assistance

Housing Choice Voucher Program

________________________________________________________________________________________

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.

Previous editions are obsolete

Page 2 of 12

form HUD-52641 (8/2009)

ref Handbook 7420.8

SAMPLE

___________________________________________________________________________________________________________

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)

Signatures:

Public Housing Agency

Owner

____________________________________________________

_________________________________________________

Print or Type Name of PHA

Print or Type Name of Owner

__________________________________________________________________________

______________________________________________________________________

Signature

__________________________________________________________________________

______________________________________________________________________

Print or Type Name and Title of Signatory

__________________________________________________________________________

______________________________________________________________________

Date (mm/dd/yyyy)

_________________________________________________________________________________________

Mail Payments to: _________________________________________________

Name

______________________________________________________________________

Address (street, city, State, Zip)

Previous editions are obsolete

Page 3 of 12

form HUD-52641 (8/2009)

ref Handbook 7420.8

SAMPLE

click to sign

signature

click to edit

click to sign

signature

click to edit

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

___________________________________________________________________________

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 assistance 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 Section 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 housing assistance payments,

abatement or other reduction of housing assistance

payments, termination of housing assistance

payments, and termination of the HAP contract. 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

payments 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

calendar 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

requirements, that available program funding is

not sufficient to support continued assistance

for families in the program.

(6) The HAP contract terminates automatically upon the

death of a single member household, including single

member households with a live-in aide.

Previous editions are obsolete

Page 4 of 12

form HUD-52641 (8/2009)

ref Handbook 7420.8

(7) 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.

(8) 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.

(9) 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

unassisted 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 if all of the following

circumstances apply: (i) Such penalties are in

accordance with generally accepted practices and

law, as applicable in the local housing market,

governing penalties for late payment of rent by a

tenant; (ii) It is the owner’s practice to charge

such penalties for assisted and unassisted tenants;

and (iii) The owner also charges such penalties

against the tenant for late payment of family rent

to owner. 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 remedies: recovery of

overpayments, suspension of housing 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

assistance 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 tenancy 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).

8. Owner Certification

Previous editions are obsolete

Page 5 of 12

form HUD-52641 (8/2009)

ref Handbook 7420.8

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 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,

and regulations:

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

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

loan.

(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

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.

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

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 payments 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

administrative or judicial action against the

owner or proposed 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, notwithstanding 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 principal 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

assisted 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;

(b) Threatens the health or safety of other

residents, of employees of the PHA, or of

owner employees or other persons engaged in

management of the housing;

right to peaceful enjoyment of their residents

by, persons residing in the immediate vicinity of

the premises; or

(d) Is drug-related criminal activity or

violent criminal 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

agreement.

15. Foreclosure. In the case of any foreclosure, the immediate

successor in interest in the property pursuant to the foreclosure

shall assume such interest subject to the lease between the prior

owner and the tenant and to the HAP contract between the prior

owner and the PHA for the occupied unit. This provision does not

affect any State or local law that provides longer time periods or

other additional protections for tenants. This provision will sunset

on December 31, 2012 unless extended by law.

Previous editions are obsolete

Page 7 of 12

form HUD-52641 (8/2009)

ref Handbook 7420.8

16. Written Notices. Any notice by the PHA or the owner

connection with this contract must be in writing.

17.

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 all statutory requirements, and with

all HUD requirements, including the HUD program

regulations at 24 Code of Federal Regulations Part 982.

Previous editions are obsolete

Page 8 of 12

form HUD-52641 (8/2009)

ref Handbook 7420.8

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

___________________________________________________________________________

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 program (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 profit making

activities incidental to primary 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

requirements.

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,

(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

payment 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 furniture 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

Previous editions are obsolete

Page 9 of 12

form HUD-52641 (8/2009)

ref Handbook 7420.8

(1) The owner must maintain the unit and premises

in accordance with the HQS.

(2) Maintenance and replacement (including

redecoration) must be in accordance with the

standard practice for the building concerned as

established by the owner.

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. Requ

irements. 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 becaus

e 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 occupancy 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 immediate

vicinity of the premises;

the premises; 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 confinement 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, regardless of

whether the household member has been

arrested 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 may include:

(a) Disturbance of neighbors,

(b) Destruction of property, or

damage to the unit or premises.

(3) After the initial lease term, such good cause

may include:

(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;

termination of the tenancy (such as sale of

the property, renovation of the unit, the

owner’s desire to rent the unit for a higher

rent).

(5) The examples of other good cause in this

paragraph do not preempt any State or local

laws to the contrary.

(6) In the case of an owner who is an immediate

successor in interest pursuant to foreclosure

during the term of the lease, requiring the

tenant to vacate the property prior to sale shall

not constitute other good cause, except that the

owner may terminate the tenancy effective on

the date of transfer of the unit to the owner if

the owner: (a) will occupy the unit as a

primary residence; and (b) has provided the

tenant a notice to vacate at least 90 days before

the effective date of such notice. This

Previous editions are obsolete

Page 10 of 12

form HUD-52641 (8/2009)

ref Handbook 7420.8

provision shall not affect any State or local law

that provides for longer time periods or

addition protections for tenants. This

provision will sunset on December 31, 2012

unless extended by law.

e. Protections for Victims of Abuse.

(1) An incident or incidents of actual or threatened

domestic violence, dating violence, or stalking will

not be construed as serious or repeated violations of

the lease or other “good cause” for termination of

the assistance, tenancy, or occupancy rights of such

a victim.

(2) Criminal activity directly relating to abuse,

engaged in by a member of a tenant’s household or

any guest or other person under the tenant’s

control, shall not be cause for termination of

assistance, tenancy, or occupancy rights if the

tenant or an immediate member of the tenant’s

family is the victim or threatened victim of

domestic violence, dating violence, or stalking.

(3) Notwithstanding any restrictions on admission,

occupancy, or terminations of occupancy or

assistance, or any Federal, State or local law to the

contrary, a PHA, owner or manager may

“bifurcate” a lease, or otherwise remove a

household member from a lease, without regard to

whether a household member is a signatory to the

lease, in order to evict, remove, terminate

occupancy rights, or terminate assistance to any

individual who is a tenant or lawful occupant and

who engages in criminal acts of physical violence

against family members or others. This action may

be taken without evicting, removing, terminating

assistance to, or otherwise penalizing the victim of

the violence who is also a tenant or lawful

occupant. Such eviction, removal, termination of

occupancy rights, or termination of assistance shall

be effected in accordance with the procedures

prescribed by Federal, State, and local law for the

termination of leases or assistance under the

housing choice voucher program.

(4) Nothing in this section may be construed to limit

the authority of a public housing agency, owner, or

manager, when notified, to honor court orders

addressing rights of access or control of the

property, including civil protection orders issued to

protect the victim and issued to address the

distribution or possession of property among the

household members in cases where a family breaks

up.

(5) Nothing in this section limits any otherwise

available authority of an owner or manager to evict

or the public housing agency to terminate

assistance to a tenant for any violation of a lease

not premised on the act or acts of violence in

question against the tenant or a member of the

tenant’s household, provided that the owner,

manager, or public housing agency does not subject

an individual who is or has been a victim of

domestic violence, dating violence, or stalking to a

more demanding standard than other tenants in

determining whether to evict or terminate.

(6) Nothing in this section may be construed to limit

the authority of an owner or manager to evict, or

the public housing agency to terminate assistance,

to any tenant if the owner, manager, or public

housing agency can demonstrate an actual and

imminent threat to other tenants or those employed

at or providing service to the property if the tenant

is not evicted or terminated from assistance.

(7) Nothing in this section shall be construed to

supersede any provision of any Federal, State, or

local law that provides greater protection than this

section for victims of domestic violence, dating

violence, or stalking.

f. Eviction by court action. The owner may only evict the

tenant by a court action.

g. 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 terminates

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.

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 specified 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.

Previous editions are obsolete

Page 11 of 12

form HUD-52641 (8/2009)

ref Handbook 7420.8

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, Executive

Orders, and regulations, 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 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 condition 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 appliances;

(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

requirements.

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 a 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.

Previous editions are obsolete

Page 12 of 12

form HUD-52641 (8/2009)

ref Handbook 7420.8

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