Fillable Owners Handbook Owner’s Information Handbook (New Hampshire Housing)

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Owner’s Handbook
Assisted Housing Division
Section 8
Housing Choice Voucher Program
New Hampshire Housing Finance Authority
32 Constitution Drive
Bedford, New Hampshire 03110
(603) 472-8623
TDD (603) 472-2089
Toll Free: 1-800-439-7247
Mailing Address: PO Box 5087, Manchester, NH 03108
Visit us on the web at www.nhhfa.org
February
2018
2
Table of Contents
I. Program Overview
Introduction to Housing Choice Voucher (HCV) 3
Limited English Proficiency 3
Fair Housing Laws 3
The Violence Against Women Act (VAWA) 4
II. The Roles
The Role of HUD 4
The Role of New Hampshire Housing 5
The Role of the Family 5
The Role of the Owner 6
III. The Steps
Steps For Renting to a Voucher Holder 6
Screening Tenants 7
Inspections 7
Inspection Criteria 8
Housing Quality Standards (HQS) 9
Disapproval of a Unit 11
Family Violations of HQS 12
Lead Based Paint 12
IV. Rent
Rent 13
Section 8 Housing Assistance Payment (HAP) Contract 14
New Hampshire Housing’s Role in Ending Tenancy 14
Tenant Termination from HCV Program 15
Program Fraud 15
Submitting a Rental Property to our website 16
Appendix Index
A - EPA-HUD Fact Sheet – Lead Based Paint Poisoning
B – Housing Assistance Payments Contract and Tenancy Addendum
C - Violence Against Women’s Act (VAWA) Owner’s Notice
3
I. Program Overview
Introduction to the Housing Choice Voucher Rental Assistance Pr
ogram
New Hampshire Housing (NHHFA) is pleased to make this Owner Handbook available as a guide to
HUD requirements and NHHFA’s policies and procedures.
NHHFA provides Section 8 Housing Choice Voucher (HCV) rental subsidies under contract
with HUD for over 3,500 families throughout the State of New Hampshire.
NHHFA is responsible for determining applicant and tenant income eligibility, inspecting units
to ensure HUD’s Housing Quality Standards are met, and negotiating fair and reasonable rents
that reflect the local housing and rental market.
NHHFA promotes regional and community housing opportunities, neighborhood stability, and
economic and self-reliance for families.
Please call our office with any concerns, questions or suggestions.
Limited English Proficiency (LEP)
It is New Hampshire Housing’s policy to take reasonable steps to provide meaningful access to our
programs and activities for persons with Limited English Proficiency (LEP). Our policy ensures that
staff will communicate effectively with LEP individuals, and that LEP individuals will have access to
important programs and information. New Hampshire Housing is committed to complying with
federal requirements and provides free meaningful access to our programs and activities for LEP
clients. If a client asks for language assistance, or if staff identifies a client who needs assistance,
New Hampshire Housing will make reasonable efforts to provide free language assistance.
Fair Housing Laws
Fair Housing Laws exist to ensure all tenants are treated fairly and equally in their search for housing,
whether looking to own or rent. New Hampshire Housing is dedicated to these Fair Housing laws and
to making sure that the owners and tenants are aware of their rights and responsibilities under them.
An owner cannot refuse to rent to anyone solely because of their race, color, religion, sex, disability,
familial status, national origin, age, marital status or sexual orientation.
Discrimination may include:
Setting different terms or conditions for different people.
Advertising in a discriminatory way. For example: No children.
Denying a unit is available when it actually is available.
For more information, please see: HUD Notice 2010-26
https://www.hud.gov/sites/documents/DOC_8993.PDF
Office of Fair Housing and Equal Opportunity: www.fheo.gov.
4
The Violence Against Women’s Act (VAWA)
The Violence Against Women Act (VAWA) and Justice Department Reauthorization Act of 2013
protects tenants and family members of tenants who are victims of domestic violence, dating
violence, or stalking from being evicted or terminated from housing assistance based on acts of
violence against them. These provisions apply both to public housing agencies administering
public housing and Section 8 programs and to owners renting to families under Section 8 Rental
Assistance Programs.
The law provides in part that criminal activity directly relating to domestic violence, dating violence,
sexual assault or stalking, 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 that
abuse.
The law also provides that any incident of actual or threatened domestic violence, dating violence,
or stalking will not be construed as serious or repeated violations of the lease by the victim or
threatened victim of that violence and will not be "good cause" for termination of the assistance,
tenancy, or occupancy rights of a victim of such violence.
For additional information visit our website: www.nhhfa.org.
VAWA Owner’s Notice http://www.nhhfa.org/assets/pdf/VAWA_OwnersNotice.pdf
HUD Notice PIH 2017-08: VAWA Reauthorization Act of 2013
https://portal.hud.gov/hudportal/documents/huddoc?id=PIH-2017-08VAWRA2013.pdf
II. The Roles
The Role of HUD
The US Department of Housing and Urban Development (HUD) provides rent subsidies to eligible,
low-income individuals and families in the form of Section 8 Housing Choice Vouchers. HUD
allocates the subsidies to New Hampshire Housing who administers the program on behalf of HUD
throughout the State of New Hampshire.
The subsidy in the Housing Choice Voucher Program is determined by a formula using the lower of
the gross rent (rent plus the New Hampshire Housing utility allowance), or the payment standard and
30% of the family’s income. We are required to figure out whether the family’s portion of the rent is
more than 40% of their monthly adjusted income before approving a unit.
5
The Role of New Hampshire Housing
New Hampshire Housing has four areas of responsibility:
1. To determine family eligibility for the Housing Choice Voucher (HCV) Program.
2. To inspect units to ensure compliance with HUD Housing Quality Standards (HQS).
3. To review leases between participating property owners and tenants.
4. To execute contracts with and make Housing Assistance Payments to property owners.
New Hampshire Housing does not act as the property owner or manager. It is the responsibility
of the property owner to screen and select the tenant and to enforce the terms of the lease.
The Role of the Family
The family must meet all program obligations in order to maintain participation in the HCV Program,
as outlined in the Statement of Family Responsibility.
Examples of family obligations include:
Providing New Hampshire Housing with income information and family composition as needed
to verify program eligibility and to calculate rent subsidies.
Allowing New Hampshire Housing to conduct annual inspections of the unit.
Not engaging in drug-related or violent criminal activity.
Failure to comply with these program responsibilities may result in a family’s termination from
the HCV program.
Tenants also have obligations to the property owner, which are outlined in the lease. Examples of
tenant obligations are:
Paying the rent in full on a timely basis each month.
Maintaining the unit in good condition.
Failure to comply with the lease obligations may result in termination of the lease and eviction of
the tenant from the unit through court action. The property owner, not New Hampshire Housing,
has the authority to terminate a lease or institute eviction proceedings. If the family violates their
obligations, New Hampshire Housing has the right to terminate housing assistance payments made
to the owner on behalf of the family. Payment continues throughout the eviction process unless
suspended for another reason but no payment can be made after the tenant moves out.
6
The Role of the Owner
As a participant in the Section 8 Rental Assistance Program, the property owner has the following
responsibilities:
Screen, select and enter into a lease with the tenant.
Honor and enforce the terms of the lease and contract.
Maintain the unit in a safe, decent and sanitary condition.
Conduct normal property owner functions (rent collection, property maintenance) in accordance
with the terms of the lease and local and state law.
III. Steps for Renting To A Voucher Holder
Ask the potential renter for their New Hampshire Housing Rental Assistance Manager’s name
and phone number.
Contact the Rental Assistance Manager for an explanation of the program and to answer any
questions about the subsidy program to guide you through the process. Include a discussion of
rent and utilities for the unit.
Decide whether you wish to rent to the New Hampshire Housing voucher holder.
1. Screen the client.
2. Follow your normal process when deciding to rent to an individual or family, which may
include running a credit check or calling for references.
Complete the following forms:
1. Request for Tenancy Approval
http://www.nhhfa.org/assets/pdf/RequestforTenancyApproval.pdf
2. W-9 form https://www.irs.gov/pub/irs-pdf/fw9.pdf?portlet=3
3. Electronic Fund Enrollment form http://www.nhhfa.org/assets/pdf/ACH-enrollmentform.pdf
Set up an inspection with the New Hampshire Housing Rental Assistance Inspector.
Complete any needed repairs. When repairs are completed and verified and a move-in date has
been agreed upon, New Hampshire Housing will prepare paperwork and a contract package will
be mailed to you.
Request that the tenant sign your lease, pay a security deposit and move in. The initial term of
the lease must be for one year. The lease can be month-to-month once the initial one-year term
has expired.
Electronic fund transfers for New Hampshire Housing subsidy portion will be wired directly to
your financial institution, on the first business day of the month.
7
Note: The unit must pass inspection and the lease (signed by the owner and family) and the contract
(signed by the owner) must be returned to New Hampshire Housing via fax or mail before payment
will be made. Faxing paperwork will result in the fastest turnaround time.
Screening Tenants
Selection of a family for participation in our program does not mean that New Hampshire Housing
has screened the family's behavior or suitability for tenancy. Such screening is the owner’s
responsibility. To follow the Fair Housing act, use the same process you follow for unassisted tenants.
You might consider such things as:
Payment of rent and utility bills.
Caring for a unit and premises.
Respecting the rights of others to the peaceful enjoyment of their housing.
Drug-related criminal activity or other criminal activity that is a threat to the life, safety or
property of others.
Compliance with other essential conditions of tenancy.
Upon request, New Hampshire Housing can release the family's current address, their current
landlord's name and address, and the name and address of prior owners. New Hampshire Housing
policy, under HUD guidelines, does not allow us to supply any further information to prospective
owners.
Inspections
Prior to the owner receiving a subsidy payment, the unit must be inspected to ensure compliance
with HUD Housing Quality Standards (HQS). These standards were created to ensure all housing
subsidized by New Hampshire Housing meets acceptable criteria for safety, cleanliness and comfort.
It is preferable that the unit be vacant at the time of inspection. The purpose of having the unit vacant
is to allow the inspector to view the unit in move-in condition.
All utilities should be in full working condition even if the tenant will ultimately be responsible for
the payments of these utilities. If the utilities are not operable at the time of the inspection, an
inconclusive rating will be given to that portion of the inspection until the inspector can verify the
utility requirement. The inspector must be able to access all common areas and the basement of the
building.
New Hampshire Housing conducts inspections every other year. The family must allow the New
Hampshire Housing inspector to inspect at a reasonable time with reasonable notice. Two failed
8
inspection attempts will result in termination of assistance. The process typically begins 90-120 days
prior to the inspection date. A person 18 years of age and older must be present for the inspection.
Inspection Criteria:
The inspector will be looking at many criteria during the inspection. Key items are:
Sanitary facilities: The condition and cleanliness of the bathroom facilities. The inspector will
make sure that all equipment is in working order and does not present any safety/health concerns for
the tenant.
Food preparation and refuse disposal:
The unit must have suitable space and equipment to store, prepare and serve food in a sanitary
manner.
The unit must have an oven, stove or range, and a refrigerator of appropriate size for the family.
All of these appliances must be in proper working condition. These appliances may be supplied
by either the landlord or the tenant. If the tenant is supplying the stove, he/she may substitute a
microwave oven. If the owner is supplying the stove, a microwave may be substituted if the
tenant agrees and if the owner supplies microwave ovens instead of stoves to both subsidized
and unsubsidized tenants.
There must be a kitchen sink in proper working condition
Space and security: There must be adequate space for the size of the family. The general rule is
two persons per living/sleeping area. Security needs must be provided for the family including
the requirement that first floor windows must lock or must be combination storm windows.
Thermal Environment: All units must provide adequate heating and ventilation for the tenant.
A heating system service ticket on the heating unit itself also will help the inspector to determine
if the unit is maintained and serviced on a regular basis.
Illumination and Electrical:
Each room must have adequate natural or artificial illumination to
permit normal indoor activities and to support the health and safety of occupants. There must
be at least one window in each living/sleeping room. All electrical systems in the unit must be
in proper operating condition and not present any safety or health hazards. Electrical outlets must
be properly grounded.
Structural soundness: Structural soundness of the interior of the unit and the exterior of the
building are taken into consideration during the inspection. The interior and exterior walls or floors
cannot have serious defects such as bulging, leaning, large holes, loose surface materials or other
serious damage.
Safety: Electrically-powered/hard wired smoke detectors are required per New Hampshire State
Fire Code. Smoke detectors are best placed between the bedroom areas and the rest of the unit.
In addition to smoke detectors outside the sleeping areas, the National Fire Protection Association
9
also requires the installation of a smoke detector on each additional story of the family unit,
including the basement.
Carbon Monoxide (CO) Detectors: are now required under New Hampshire State Law (RSA
153:10a). The CO Detectors must have battery back-up and be electrically powered, either by being
hard wired or plug-in as noted in the bulletin from the State Fire Marshall.
http://www.nh.gov/safety/divisions/firesafety/bulletins/documents/CObulletinaddendum.pdf
New Hampshire Housing has adopted the National Fire Protection Association standard for smoke
detectors, carbon monoxide detectors and overall fire protection and safety (Chapter 153 State
Board of Fire Control, Information Bulletin 2009-007 Addendum Office of the State of New
Hampshire Fire Marshall). http://www.gencourt.state.nh.us/legislation/2011/HB0317.html
Buildings that do not have attached garages or any fuel-fired or solid fueled appliances or devices
are exempt from the requirements. The property owner is responsible to know the law and to
maintain both smoke detectors and CO detector systems in good working order.

The above items are a sampling of the criteria used to determine the acceptability of a unit for assisted
housing subsidy. While there are additional requirements to be met, the items above are meant to give
a general idea to the property owner if his/her unit would be a candidate for the HCV Program. The
owner and tenant may save time and unnecessary delays in paperwork by being aware of these items
prior to inspection.
Housing Quality Standards (HQS)
Please use this checklist to help determine if the unit will pass basic inspection guidelines. A New
Hampshire Housing representative will inspect the unit to see if it will qualify for the program.
Yes No The Building Exterior
___ ___ Are foundation, stairs, rails, gutters, and porch sound and free from hazards and
deterioration?
___ ___ Is there a handrail if the unit has four or more steps?
___ ___ Are the chimney and other brickwork free of loose bricks and mortar?
___ ___ If you have a child under age 6, is the paint chipping, peeling or cracking?
Living Room
___ ___ Are there two working electrical outlets or one outlet and one light fixture?
___ ___ Can first floor windows be locked or are there combination windows?
___ ___ Are the windows and frames in good condition?
___ ___ Are walls, ceilings and floors in good condition?
___ ___ If you have a child under age 6, is the paint peeling, chipping or cracking?
Kitchen
___ ___ If appliances are provided, are they working properly?
___ ___ Is the plumbing free from leaks and working properly?
___ ___ Are there two working electrical outlets or one outlet and one light fixture?
10
___ ___ Can all first floor windows be locked and are they in good condition?
___ ___ If you have a child under the age of 6, is the paint peeling, chipping or cracking?
___ ___ Is there adequate space for storage and food preparation?
Bathroom
___ ___ Are the tub, sink, shower and toilet in good condition and working properly?
___ ___ Is there an air vent or an openable window with a lock?
___ ___ Are floors, ceilings and walls clean and in good condition?
___ ___ Is there at least one light fixture?
Bedrooms
___ ___ Does each bedroom have a window in good condition?
___ ___ Does the bedroom window lock or have combination windows if the bedroom is on the
111111first floor?
___ ___ Are there two working electrical outlets or one outlet and one light fixture in
each bedroom?
___ ___ Are floors, ceilings and walls clean and in good condition?
___ ___ If you have a child under age 6, is the paint peeling, chipping or cracking?
Other Rooms and Areas
___ ___ Do the furnace and water heater work?
___ ___ Are the furnace and water heater in good condition?
___ ___ Does the unit contain working, hard-wired smoke detectors? (Hard-wired smoke
detectors are required on each level, including the basement and common halls).
If a hearing impaired person intends to occupy the unit, the smoke detector must
include an alarm system designed for hearing impaired persons.
___ ___ Does the unit have CO detectors?
___ ___ Does the hot water heater have a pressure relief valve and discharge line that is 6 to 8
inches from the floor?
___ ___ Does the unit have at least two exits? (Any window is an acceptable exit on the first
or second floor).
___ ___ Are all rooms well-lit and free from electrical hazards?
___ ___ Are the house and yard free from trash and other debris?
___ ___ Does the furnace provide adequate heat for all rooms?
___ ___ Is the unit clean and ready for move in?
11
Examples of Common Fail Items at Inspection
Defective paint.
Poor window condition.
Missing outlet covers and switch plates.
Exposed wires and open junction boxes in basement.
Non-functioning smoke detectors; not enough smoke detectors for the size of the unit; or poor
placement of smoke detectors.
Failure to provide electrically-powered/hard wired smoke detectors per the New
Hampshire State Fire Code.
Failure to provide carbon monoxide detectors as required by New Hampshire State law.
Ungrounded outlets
Disapproval of a Unit
New Hampshire Housing must not approve a unit if HUD notifies us that the owner is debarred,
suspended or subject to a limited denial of participation under HUD Regulations 24 CFR Part 982.306.
When directed by HUD, owners must be denied if:
The federal government has instituted an administrative or judicial action against the owner
for a violation of the Fair Housing Act or other federal equal opportunity requirements and
such action is pending.
A court or administrative agency has determined that the owner violated the Fair Housing
Act or other federal equal opportunity requirements.
New Hampshire Housing may deny approval for the following reasons:
The owner has violated obligations under a housing assistance payments contract under
Section 8.
The owner has committed fraud, bribery or any other corrupt or criminal act in connection
with any federal housing program.
The owner has engaged in any drug-related criminal activity or any violent criminal activity.
The owner has a history or practice of non-compliance with HQS for units leased under the tenant
based programs, or with applicable housing standards for units leased with project-based Section 8
assistance or leased under any other federal housing program. Non-compliance with HQS where
an owner has had a contract termination for failure to comply with HQS and the finding is
determined to be of a serious nature.
The owner has a history or practice of renting units that fail to meet state or local housing codes.
The owner has not paid state or local real estate taxes, fines or assessments.
12
The owner owes money to New Hampshire Housing for overpayments of housing assistance and
has not made arrangements to repay the debt.
Family Violations of Housing Quality Standards
The family is responsible for violations of Housing Quality Standards (HQS) caused by any of the
following:
Failure by the tenant to pay for utilities that the owner is not required to pay for.
Failure by the tenant to provide and maintain any appliances that are not provided by the owner.
Damages caused by any member of the household or guest to the dwelling unit or premises
beyond normal wear and tear (which cause an HQS failure).
Any life threatening HQS violation caused by the family must be corrected by the family within 24
hours or less. Any other family-caused defects must be corrected by the family within 30 calendar
days or less (or any New Hampshire Housing approved extension).
Lead-Based Paint
The purpose of addressing the Lead Based Paint (LBP) issue is to implement the LBP Poisoning
Prevention Act by establishing procedures to eliminate the hazards of LBP poisoning for units
assisted under the HCV Program. This is a general guideline for property owners concerning Lead
Based Paint.
Buildings constructed prior to 1978 with children under six years of age living in the household,
are required to undergo visual inspections for defective paint surfaces (surface on which the paint is
cracking, scaling, chipping, peeling or loose) at both initial and annual inspections. After September
15, 2000, the requirements include using Safe Work Practices to repair any defective paint, using
qualified or supervised workers to complete the work and perform a clearance test to ensure that all
hazards have been handled.
Prior to execution of the HAP contract, the owner must inform New Hampshire Housing and the
family of any knowledge of the presence of lead-based paint on the surfaces in the unit. This
certification is on the lead paint form which comes with your contract package. Please keep it on
file for seven years.
Any questions or concerns regarding this section should be directed to the Rental Assistance Manager.
For more information on lead-based paint, please visit our website: www.nhhfa.org
Resources/Lead Hazard Control Information
Protect Your Family From Lead in Your Home Booklet
EPA – HUD Fact Sheet - (Appendix A)
Helpful link: http://www.hud.gov/offices/lead/hhi/index.cfm
13
IV. Rent
Rent
The lease will state the total contract rent for the unit. The tenant’s rent share is based upon his or her
income, family composition and payment standard and may change during tenancy. New Hampshire
Housing will notify both the property owner and the tenant of any changes. The tenant can never pay
more than the amount authorized by New Hampshire Housing. The owner may not charge or accept
from the tenant any additional payments except what is authorized by New Hampshire Housing.
Rent Reasonableness: New Hampshire Housing is required to keep subsidized rents in line with the
private housing market and does not automatically approve contract rents equal to the Payment
Standard. This is known as “rent reasonableness”. Rent offers are evaluated by the Rental Assistance
Manager, who determines “reasonable rent” on a unit-by-unit basis, taking into consideration current
market rents in a given community, size, condition, location, and amenities of the unit being inspected.
HCV rents can never exceed rent charged for a comparable unassisted unit in the same building.
Security Deposits: Under the terms of the lease, the property owner is permitted to collect a security
deposit in accordance with New Hampshire State Law. This amount should not be in excess of
amounts charged by the owner to unassisted tenants. If the security deposit is not sufficient to cover
amounts the tenant owes under the lease, the owner should collect the balance from the tenant.
Additional Provisions: The tenant and property owner may add their own provisions to the lease.
Specific issues to consider include: pet policy, late fees, parking policy. An owner may exert control
over tenant activities for any tenancy by including lease provisions on business use of the unit, and by
enforcing such lease provisions. The lease, or owner's house rules under the lease, may require the
tenant to get the owner's permission for any business use of the property, and may otherwise regulate
use of the unit for business purposes.
Modification to the Lease/Offer of a New Lease: The owner may offer the tenant a proposed new
lease to take effect any time after the first anniversary of the current lease. The tenant must be given a
60-day written notice of the proposed change. Changes in the terms of the lease regarding the utilities
will be reflected in a Lease Addendum. In most cases, changing the responsibility for the utilities will
affect the contract rent.
Rent Increases: After the initial one-year lease term has ended, the owner may request a rent increase
by providing both New Hampshire Housing and the tenant with a written request for an increase. This
notice, which must be received 60 days in advance of the proposed increase, must state both the new
rental amount and the date from which the increased rent is payable. Rent reasonableness has to be
determined for any proposed rent increases.
In most cases, the tenant will absorb the entire increase. The owner is encouraged to discuss any
proposed increase with the tenant. However, an increase in the
contract rent does not necessarily mean
an increase in the tenant’s share of the rent. The tenant’s portion will be re-calculated and will be
based on their income not the total rent.
14
Termination of Tenancy: The procedures for terminating a tenancy are the same for a subsidized
tenant or a non-subsidized tenant and must be done in accordance with New Hampshire State law and
the lease. Please keep New Hampshire Housing informed of all actions taken. Subsidy payments will
continue during the eviction proceedings (as long as the tenant remains in the unit) provided that the
payments have not been suspended for other reasons such as HQS violations or the family's
termination from the subsidy program.
Section 8 Housing Assistance Payment (HAP) Contract
The owner and tenant must enter into a lease before a HAP contract can be executed. The HUD
Tenancy Addendum is an attachment to the lease (Appendix B). Please note – New Hampshire
Housing is not a party to the lease.
What is required in the lease?
The name of the owner and tenant.
The address of the rental unit.
The term of the lease (initial term and any provisions for renewal).
The monthly rental amount due to the owner.
A specification of which utilities are to be supplied by the owner, and which utilities are
supplied by the family.
A specification of appliances supplied by the owner, and appliances supplied by the family.
The start of the lease and contract are contingent upon the unit passing inspection and agreement
between New Hampshire Housing and the property owner as to the contract rent. To initiate
payment for a new tenancy, New Hampshire Housing requires the following:
A lease - signed by the property owner and tenant.
A contract - signed by the property owner and New Hampshire Housing. A sample contract is
found in Appendix B.
W-9 tax form.
Change of Ownership: The Rental Assistance Manager must be notified if ownership of the leased unit
changes during the tenancy. An Assignment of Lease and Contract must be signed by the new owner
so that New Hampshire Housing may transfer the subsidy payments.
New Hampshire Housing's Role in Ending Tenancy
If a tenant fails to meet their obligations under the lease or violate other family obligations, New
Hampshire Housing may terminate their housing assistance. It is the owner's responsibility to enforce
the lease and any other proceedings including eviction. New Hampshire Housing is not the owner or
manager and has no authority to evict the tenants.
15
Tenant Termination from the HCV Program
A family's participation in the HCV Program may be terminated in the following circumstances:
The family voluntarily withdraws from the program.
The family's income increases resulting in no housing assistance payment to be made for
180 days.
The family fails to meet their Family Obligations under the program.
The owner will be advised if the family’s rental assistance is terminated. If New Hampshire Housing
terminates rental assistance for the family the HAP contract terminates automatically.
Program Fraud
New Hampshire Housing is committed to protecting the integrity of the HCV Program.
If you have reason to believe that any fraudulent activity is taking place in connection with the HCV
Program, report the matter promptly. You can use the Fraud/Compliance Report form when
submitting a written report. Staff will follow up on all reports of program violations using all the
resources available under the regulations. http://www.nhhfa.org/assets/pdf/FraudReportForm.pdf
Please provide as much information as possible regarding the person(s) you are reporting and the
nature of the violations. The more information that is reported, the better chance there is of
determining if fraudulent activity has taken place. Without sufficient information, we will be not
be able to investigate the suspected activity.
Due to confidentiality requirements, New Hampshire Housing cannot comment on actions taken after
the allegation is reported. It is not possible to obtain the status of the investigations. However, we
assure you that all allegations will be reviewed to determine whether fraud is taking place and the
proper penalties will be issued if fraudulent activity is discovered.
Please mail or fax the Fraud/Compliance Report form as follows:
1. Mail: New Hampshire Housing
Attn: Assisted Housing Division
P. O. Box 5087
Manchester, NH 03108-5087
2. Fax: (603) 472-8729
Attn: Assisted Housing Division
Examples of fraudulent activities by property owners:
If the property owner receives payment in excess of the rent stated in the lease and contract,
as determined by New Hampshire Housing.
16
If the property owner receives payment for a unit which is not occupied by members of the
family as listed on the contract.
If the property owner receives payment for a unit in which the assisted family has vacated.
If an owner commits fraud or other program abuse New Hampshire Housing may take action
including:
Deducting the amount of any overpayment from amounts due the property owner.
Terminating the Housing Assistance Payments Contract.
Determination of ineligibility for future participation in the HCV program.
Examples of program abuse/fraud by assisted families include:
Failure to report income or assets to New Hampshire Housing.
Allowing unauthorized individuals to reside in the contract unit.
Owning or having any interest in the contract unit.
If a family commits fraud or other program abuse, New Hampshire Housing may take action including
making mandatory repayment to New Hampshire Housing for all Housing Assistance Payments made
as a result of fraudulent information or termination from the HCV Program.
Submitting A Rental Property To Our Website:
New Hampshire Housing provides a list of apartments for rent through owners who are willing to
participate in the Housing Choice Voucher Program. Owners may submit a rental unit by completing
the form through the link below.
http://www.nhhfa.org/vacant-unit-listing
Units will be placed on the list for a period of two months. If a unit remains vacant after that time,
please resubmit the unit to be reinstated to the vacancy list.
New Hampshire Housing has not pre-approved these units. The information is provided for housing
search assistance only.
HUD
United States Prevention, Pesticides, EPA-747-F-96-002
Environmental Protection and Toxic Substances March 1996
Agency (7404) (Revised 12/96)
FACT SHEET
EPA and HUD Move to Protect Children from Lead-Based Paint
Poisoning; Disclosure of Lead-Based Paint Hazards in Housing
SUMMARY
The Environmental Protection Agency (EPA) and the
Department of Housing and Urban Development
(HUD) are announcing efforts to ensure that the public
receives the information necessary to prevent lead
poisoning in homes that may contain lead-based paint
hazards. Beginning this fall, most home buyers and
renters will receive known information on lead-based
paint and lead-based paint hazards during sales and
rentals of housing built before 1978. Buyers and
renters will receive specific information on lead-based
paint in the housing as well as a Federal pamphlet with
practical, low-cost tips on identifying and controlling
lead-based paint hazards. Sellers, landlords, and their
agents will be responsible for providing this
information to the buyer or renter before sale or lease.
LEAD-BASED PAINT IN HOUSING
Approximately three-quarters of the nation’s housing
stock built before 1978 (approximately 64 million
dwellings) contains some lead-based paint. When
properly maintained and managed, this paint poses
little risk. However, 1.7 million children have blood-
lead levels above safe limits, mostly due to exposure to
lead-based paint hazards.
EFFECTS OF LEAD POISONING
Lead poisoning can cause permanent damage to the
brain and many other organs and causes reduced
intelligence and behavioral problems. Lead can also
cause abnormal fetal development in pregnant women.
BACKGROUND
To protect families from exposure to lead from paint,
dust, and soil, Congress passed the Residential Lead-
Based Paint Hazard Reduction Act of 1992, also
known as Title X. Section 1018 of this law directed
HUD and EPA to require the disclosure of known
information on lead-based paint and lead-based paint
hazards before the sale or lease of most housing built
before 1978.
WHAT IS REQUIRED
Before ratification of a contract for housing sale or
lease:
! Sellers and landlords must disclose known lead-
based paint and lead-based paint hazards and
provide available reports to buyers or renters.
! Sellers and landlords
must give buyers and
renters the pamphlet,
developed by EPA,
HUD, and the
Consumer Product
Safety Commission
(CPSC), titled Protect
Your Family from
Lead in Your Home.
! Home buyers will get
a 10-day period to
conduct a lead-based paint inspection or risk
assessment at their own expense. The rule gives the
two parties flexibility to negotiate key terms of the
evaluation.
! Sales contracts and leasing agreements must include
certain notification and disclosure language.
! Sellers, lessors, and real estate agents share
responsibility for ensuring compliance.
APPENDIX -A-
FOR MORE INFORMATION
! For a copy of Protect Your Family from Lead in Your Home (in English or Spanish) , the sample disclosure
forms, or the rule, call the National Lead Information Clearinghouse (NLIC) at (800) 424–LEAD, or TDD
(800) 526–5456 for the hearing impaired. You may also send your request by fax to (202) 659–1192 or by
Internet E-mail to ehc@cais.com. Visit the NLIC on the Internet at http://www.nsc.org/nsc/ehc/ehc.html.
! Bulk copies of the pamphlet are available from the Government Printing Office (GPO) at (202) 512–1800.
Refer to the complete title or GPO stock number 055–000–00507–9. The price is $26.00 for a pack of 50
copies. Alternatively, persons may reproduce the pamphlet, for use or distribution, if the text and graphics are
reproduced in full. Camera-ready copies of the pamphlet are available from the National Lead Information
Clearinghouse.
! For specific questions about lead-based paint and lead-based paint hazards, call the National Lead Information
Clearinghouse at (800) 424–LEAD, or TDD (800) 526–5456 for the hearing impaired.
! The EPA pamphlet and rule are available electronically and may be accessed through the Internet.
Electronic Access:
Gopher: gopher.epa.gov:70/11/Offices/PestPreventToxic/Toxic/lead_pm
WWW: http://www.epa.gov/opptintr/lead/index.html
http://www.hud.gov
Dial up: (919) 558–0335
FTP: ftp.epa.gov (To login, type “anonymous.” Your password is your Internet E-mail address.)
WHAT IS NOT REQUIRED
! This rule does not require any testing or removal of
lead-based paint by sellers or landlords.
! This rule does not invalidate leasing and sales
contracts.
TYPE OF HOUSING COVERED
Most private housing, public housing, Federally owned
housing, and housing receiving Federal assistance are
affected by this rule.
TYPE OF HOUSING NOT COVERED
! Housing built after 1977 (Congress chose not to
cover post-1977 housing because the CPSC banned
the use of lead-based paint for residential use in
1978).
! Zero-bedroom units, such as efficiencies, lofts, and
dormitories.
! Leases for less than 100 days, such as vacation
houses or short-term rentals.
! Housing for the elderly (unless children live there).
! Housing for the handicapped (unless children live
there).
! Rental housing that has been inspected by a certified
inspector and found to be free of lead-based paint.
! Foreclosure sales.
EFFECTIVE DATES
! For owners of more than 4 dwelling units, the
effective date is September 6, 1996.
! For owners of 4 or fewer dwelling units, the
effective date is December 6, 1996.
THOSE AFFECTED
The rule will help inform about 9 million renters
and 3 million home buyers each year. The estimated
cost associated with learning about the requirements,
obtaining the pamphlet and other materials, and
conducting disclosure activities is about $6 per
transaction.
EFFECT ON STATES AND LOCAL
GOVERNMENTS
This rule should not impose additional burdens on
states since it is a Federally administered and enforced
requirement. Some state laws and regulations require
the disclosure of lead hazards in housing. The Federal
regulations will act as a complement to existing state
requirements.
Previous editions are obsolete
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form
HUD-52641
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Housing Assistance Payments Contract U.S. Department of Housing
(HAP Contract) and Urban Development
Section 8 Tenant-Based Assistance Office of Public and Indian Housing
Housing Choice Voucher Program
OMB Approval 2577-0169 (Exp. 04/30/2018)
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:
PartAContractinformation(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 prescribedby 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).”
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:
Suchshortertermwouldimprovehousing
opportunitiesfor the tenant, and
Suchshortertermistheprevailinglocalmarket
practice.
Section6. 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.
Section7. Housing Assistance Payment
Enter the initialamountof the monthly housingassistance
payment.
Section8. Utilities and Appliances.
Theleaseandthe HAPcontractmust specifywhatutilitiesand
appliances are to be supplied bythe owner, and what
utilities and appliancesaretobesupplied by thetenant. Fill in
section 8 to showwhois responsible to provide or payfor utilities
andappliances.
Appendix B
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Housing Assistance Payments Contract
U.S. Department of Housing
and Urban Development
(HAP Contract)
Office of Public andIndian 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 personsmay reside in the unit. Other persons may not be added to the household without prior written approval of
the ownerandthe 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 bythe PHA to the owner is subject to change during the HAP contract term
inaccordance with HUD requirements
.
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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 orType Name ofPHA Print or Type Name of Owner
Signature Signature
Print or Type Name and Title of Signatory Print or Type Name and Title of Signatory
Date(mm/dd/yyyy) Date (mm/dd/yyyy)
Mail Payments to
:
Name
Address (street, city, State, Zip)
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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 thefamily.
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 Section8 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 intenancy.
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 exerciseanyavailable 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. ThePHAmustnotifythe ownerofanyHQSdefects
shown bytheinspection.
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 HAPcontract terminatesautomatically 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.
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(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 specifywhatappliances 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) D
uring 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 housingassistancepayments
promptlywhen 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 HAPcontract.
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
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During the term of this contract, the owner certifies that:
a. Theownerismaintainingthecontractunitandpremisesin
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 accordancewith 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 atany 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 connectionwith management of
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thecontract 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 anycovered 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 fullydisclose such interest to the PHA and HUD.
f. The conflict of interest prohibition under this section
may be waivedby 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 theHAPcontract 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 FederalRegulations Part 24).
d. The HAP contract may not be assigned toa 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 agencyhas determined
that the owner or proposed new owner violated
the Fair HousingAct or otherFederal 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) Hasviolated obligations under a housingassistance
paymentscontract 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 employeesor other personsengaged in
management of the housing;
(c) Threatens the health or safety of, or the
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 paidState or local realestate taxes,finesor
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.
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16. Written Notices
. Any notice by the PHA or the owner
in connection with this contract must be in writing.
17. Entire Agreement: Interpretation
a. The HAPcontract contains the entireagreement between
the ownerandthe 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.
Housing Assistance Payments Contract
U.S. Department of Housing
(HAP Contract)
and Urban Development
Section 8 Tenant-Based Assistance
Office of Public and Indian Housing
Housing Choice Voucher Program
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 andthe 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 mayat notime 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 mustimmediately return any excessrent
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
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(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
(c) Livingor housekeeping habits thatcause
damage to the unit or premises.
(3) After the initial lease term, such good cause
may include:
(a) Thetenant’s failuretoaccept the owner’s
offer of a new lease orrevision;
(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, 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 donot preempt any Stateor 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 goodcause,exceptthat 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
(1) The ownermustmaintain the unit and premises
inaccordance 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) Theowner must provideallutilitiesneededto
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 criminalactivitythatthreatensthe
health or safety of, or the right to
peacefulenjoymentofthepremisesby,
other residents (including property
management staff residing on the
premises);
(b) Anycriminalactivitythatthreatens the
health or safety of, or the right to
peaceful enjoyment of their residences
by, persons residing inthe immediate
vicinity of the premises;
(c) Anyviolentcriminal activity on or near
the premises; or
(d) Any drug-relatedcriminalactivityon or
near the premises.
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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, datingviolence, 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
housingchoice 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, datingviolence, or stalking to a
moredemandingstandardthanother 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
IftheHAP contractterminatesfor anyreason, 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 notifythe 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.
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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
I
n 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 Leas
e
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 toa 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.
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
. Thehousing unit rented bythetenantwith
assistance under the program.
Family
. The persons who may reside inthe unitwithassistance
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
householdconsists 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 requirementsare issued by HUDheadquarters, asregulations,
Federal Register notices or other binding program directives.
Lease
. The written agreement between the owner and the tenant for the
lease of the contractunit to the tenant. The lease includes the tenancy
addendum prescribed byHUD.
PHA
. Public Housing Agency.
Premises
.The buildingor complex inwhichthe contract unitis
located, including common areas and grounds.
Program
. The Section 8 housing choice voucher program.
Rent to owner
. Thetotalmonthlyrent payableto 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 housingassistance payment to
the owner.
Section 8
. Section 8 of the United StatesHousingAct of1937 (42
United States Code 1437f).
Tenant
. The family member (or members)who leases the unitfrom
the owner.
Voucher program
. The Section8 housingchoice 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.
16.
Notices
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Appendix C
NEW HAMPSHIRE HOUSING FINANCE AUTHORITY (NHHFA)
NOTIFICATION OF YOUR RIGHTS AND OBLIGATIONS
UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA)
VAWA provides protections for Section 8 Housing Choice Voucher (HCV) applicants, tenants, and participants
from being denied assistance on the basis or as a direct result of being a victim of domestic violence, dating violence,
sexual assault or stalking.
Purpose
Many of VAWA’s protections to victims of domestic violence, dating violence, sexual assault and stalking involve
action by the public housing agency (PHA), but some situations involve action by owners of assisted housing. The
purpose of this notice (herein called “Notice”) is to explain your rights and obligations under VAWA, as an owner of
housing assisted through NHHFA’s HCV program. Each component of this Notice also provides citations to HUD’s
applicable regulations.
Denial of Tenancy
Protections for applicants: Owners cannot deny tenancy based on the applicant having been or currently being a
victim of domestic violence, dating violence, sexual assault, or stalking. However, the applicant must be otherwise
eligible for tenancy. (See 24 Code of Federal Regulations (CFR) 982.452(b)(1).)
Eviction
Protections for HCV participants: Incidents or threats of domestic violence, dating violence, sexual assault, or
stalking will not be considered a serious or repeated lease violation by the victim, or good cause to terminate the
tenancy of the victim (24 CFR 5.2005(c)). Protection also applies to criminal activity related directly to domestic
violence, dating violence, sexual assault, or stalking, conducted by a member of a tenant’s household or any guest or
other person under the tenant’s control, if the tenant or an affiliated individual of the tenant is the victim or
threatened victim of such domestic violence, dating violence, sexual assault, or stalking (24 CFR 5.2005(b)(2)).
Limitations of VAWA protections:
a. Nothing in the VAWA Final Rule limits the authority of an owner, when notified of a court order, to
comply with a court order with respect to (24 CFR 5.2005(d)(1)):
1) The rights of access or control of property, including civil protection orders issued to protect a
victim of domestic violence, dating violence, sexual assault, or stalking; or
2) The distribution or possession of property among members of a household in a case.
b. Nothing in the VAWA Final Rule limits an owner from evicting a victim of domestic violence, dating
violence, sexual assault, or stalking for a lease violation that is not premised on an act of domestic
violence, dating violence, sexual assault, or stalking, as long as the owner does not subject the victim to
more demanding standards than other tenants when deciding whether to evict. (See 24 CFR
5.2005(d)(2).)
c. Nothing in the VAWA Final Rule limits an owner from evicting a tenant (including the victim of
domestic violence, dating violence, sexual assault, or stalking) if the owner can demonstrate an actual
and imminent threat to other tenants or those employed at or
providing services to the HCV property
would be present if the tenant or lawful occupant is not evicted. (See 24 CFR 5.2005(d)(3).)
i. In this context, words, gestures, actions, or other indicators will be considered an “actual and
imminent threat” if they meet the following standards: An actual and imminent threat consists of
a physical danger that is real, would occur within an immediate time frame, and could result in
death or serious bodily harm. In determining whether an individual would pose an actual and
New Hampshire Housing Finance Authority
32 Constitution Drive Bedford, NH 03110 Mailing Address: P.O. Box 5087 Manchester, NH 03108 (603) 472-8623 TDD: (603) 472-2089
Assisted Housing Division: (800) 439-7247 Fax (603) 472-8729
www.nhhfa.org
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imminent threat, the factors to be considered include: the duration of the risk, the nature and
severity of the potential harm, the likelihood that the potential harm will occur, and the length of
time before the potential harm would occur. (See 24 CFR 5.2003.)
Any eviction due to “actual and imminent threat” should be utilized by an owner only when there are no other
actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a
different unit, barring the perpetrator from the property, contacting law enforcement to increase police presence or
develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting
on a threat. Restrictions predicated on public safety cannot be based on stereotypes, but must be tailored to
particularized concerns about individual residents. (See 24 CFR 5.2005(d)(4).) barring the perpetrator from the
property, contacting law enforcement to Documentation of Domestic Violence, Dating Violence, Sexual Assault,
or Stalking If an applicant or tenant requests VAWA protection based on status as a victim of domestic violence,
dating violence, sexual assault, or stalking, the owner has the option to request that the victim document or provide
written evidence to demonstrate that the violence occurred. However, nothing in HUD’s regulation requires a
covered housing provider to request this documentation. (See 24 CFR 5.2007(b)(3).)
If the owner chooses to request this documentation, the owner must make such request in writing. The individual
may satisfy this request by providing any one document type listed under 24 CFR 5.2007(b)(1):
a. Form HUD-55383 (Self-Certification Form); or
b. A document:
1) Signed by an employee, agent, or volunteer of a victim service provider, an
attorney, or medical professional or a mental health professional (collectively,
“professional”) from whom the victim has sought assistance relating to domestic
violence, dating violence, sexual assault, or stalking, or the effects of abuse;
2) Signed by the applicant or tenant; and
3) That specifies, under penalty of perjury, that the professional believes in the occurrence of the
incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for
protection and remedies under 24 CFR part 5, subpart L, and that the incident meets the applicable
definition of domestic violence, dating violence, sexual assault, or stalking under 24 CFR 5.2003; or
c. A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative
agency; or
d. At the discretion of a covered housing provider, a statement or other evidence provided by the applicant or
tenant.
The owner must accept any of the above items (a – c). The owner has discretion to accept a statement or other
evidence (d).
The owner is prohibited from requiring third-party documentation of the domestic violence, dating violence, sexual
assault, or stalking, unless the submitted documentation contains conflicting information.
If the owner makes a written request for documentation, the owner may require submission of that documentation
within 14 business days after the date that the individual received the written request for documentation. (24 CFR
5.2007(a)(2)). The owner may extend this time period at its discretion. During the 14 business day period and any
granted extensions of that time, no adverse actions, such as evictions or terminations, can be taken against the
individual requesting VAWA protection.
Once a victim provides documentation of domestic violence, dating violence, sexual assault, or stalking, the owner is
encouraged to acknowledge receipt of the documentation in a timely manner.
If the applicant or tenant fails to provide documentation that meets the criteria in 24 CFR 5.2007 within 14 business
days after receiving the written request for that documentation or within the designated extension period, nothing in
VAWA Final Rule may be construed to limit the authority of the covered housing provider to:
a. Deny admission by the applicant or tenant to the housing or program;
b. Deny assistance under the covered housing program to the applicant or tenant;
c. Terminate the participation of the tenant in the covered housing program; or
d. Evict the tenant, or a lawful occupant that commits a violation of a lease.
An individual’s failure to timely provide documentation of domestic violence, dating violence, sexual assault, or
stalking does not result in a waiver of the individual’s right to challenge the denial of assistance or termination, nor
does it preclude the individual’s ability to raise an incident of domestic violence, dating violence, sexual assault, or
stalking at eviction or termination proceedings.
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Moves
A victim of domestic violence, dating violence, sexual assault, or stalking may move in violation of their lease if the
move is required to protect their safety. If a move results in the termination of the Housing Assistance Payment
Contract, the lease is automatically terminated.
Lease Bifurcation
Owners may choose to bifurcate a lease, or remove a household member from a lease in order to evict, remove,
terminate occupancy rights, or terminate assistance to such member who engages in criminal activity directly
relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other
individual. (See 24 CFR 5.2009(a).) If an owner chooses to bifurcate the lease, the owner must comply with the
reasonable time to establish eligibility under the covered housing program or find alternative housing following lease
bifurcation provision in 24 CFR 5.2009(b). VAWA protections, including bifurcation, do not apply to guests or
unreported members of a household or anyone else residing in a household who is not a tenant.
Eviction, removal, termination of occupancy rights, or termination of assistance must be effected in accordance with
the procedures prescribed by federal, state, or local law for termination of leases.
To avoid unnecessary delay in the bifurcation process, HUD recommends that owners seek court-ordered eviction of
the perpetrator pursuant to applicable laws. This process results in the underlying lease becoming null and void once
the owner regains possession of the unit. The owner would then execute a new lease with the victim.
Evictions Due to “Actual and Imminent Threat” or Violations Not Premised on Abuse
The VAWA Final Rule generally prohibits eviction on the basis or as a direct result of the fact that the applicant or
tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or
tenant otherwise qualifies for assistance, participation or occupancy. (See 24 CFR 5.2005.)
However, the VAWA Final Rule does not prohibit an owner from evicting a tenant for any violation not premised on
an act of domestic violence, dating violence, sexual assault, or stalking that is in question against the tenant or an
affiliated individual of the tenant. Nor does the VAWA Final Rule prohibit an owner from evicting a tenant if the
owner can demonstrate an actual and imminent threat to other tenants or those employed at or providing services to
property of the owner would be present if that tenant or lawful occupant is not evicted or terminated from assistance.
(See 5.2005(d)(2) and (3).)
In order to demonstrate an actual and imminent threat to other tenants or employees at the property, the covered
housing provider must have objective evidence of words, gestures, actions, or other indicators that meet the
standards in the following definition:
Actual and imminent threat refers to a physical danger that is real, would occur within an immediate time frame, and
could result in death or serious bodily harm. In determining whether an individual would pose an actual and
imminent threat, the factors to be considered include:
• The duration of the risk;
• The nature and severity of the potential harm;
• The likelihood that the potential harm will occur; and
• The length of time before the potential harm would occur.
(See 24 CFR 5.2003 and 5.2005(d)(2).)
Confidentiality
Any information submitted to a covered housing provider under 24 CFR 5.2007, including the fact that an individual
is a victim of domestic violence, dating violence, sexual assault, or stalking, must be maintained in strict confidence
by the covered housing provider. (See 24 CFR 5.2007(c).)
Employees of the owner (or those within their employ, e.g., contractors) must not have access to the information
unless explicitly authorized by the owner for reasons that specifically call for these individuals to have access to this
information under applicable Federal, State, or local law (e.g., the information is needed by an employee to provide
the VAWA protections to the victim).
The owner must not enter this information into any shared database, or disclose this information to any other entity
or individual, except to the extent that disclosure is:
a. Requested or consented to in writing by the individual (victim) in a time-limited release;
b. Required for use in an eviction proceeding or hearing regarding termination of assistance from the covered
program; or
c. Otherwise required by applicable law.
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When communicating with the victim, owners must take precautions to ensure compliance with these confidentiality
requirements.
Service Providers/Resources
Victims of domestic violence, dating violence, sexual assault, or stalking should contact the local police and the New
Hampshire Coalition Against Domestic and Sexual Violence. http://www.nhcadsv.org
National Domestic Violence Hotline: 1-800-799-7233
Statewide Hotlines:
Domestic Violence: 1-866-3574
Sexual Assault: 1-800-277-5570
Further, residents in New Hampshire can contact the local 2-1-1 call center to obtain information and other services
that may be available. http://www.211nh.org.
Definitions
Actual and imminent threat refers to a physical danger that is real, would occur within an immediate time frame,
and could result in death or serious bodily harm. In determining whether an individual would pose an actual and
imminent threat, the factors to be considered include: the duration of the risk, the nature and severity of the potential
harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur.
Affiliated individual, with respect to an individual, means:
(1) A spouse, parent, brother, sister, or child of that individual, or a person to whom that ndividual stands in
the place of a parent or guardian (for example, the affiliated individual is a person in the care, custody, or
control of that individual); or
(2) Any individual, tenant, or lawful occupant living in the household of that individual.
Bifurcate means to divide a lease as a matter of law, subject to the permissibility of such process under the
requirements of the applicable HUD-covered program and State or local law, such that certain tenants or lawful
occupants can be evicted or removed and the remaining tenants or lawful occupants can continue to reside in the unit
under the same lease requirements or as may be revised depending upon the eligibility for continued occupancy of
the remaining tenants and lawful occupants.
Dating violence means violence committed by a person:
(1) Who is or has been in a social relationship of a romantic or intimate nature with the
victim; and
(2) Where the existence of such a relationship shall be determined based on a consideration of the following
factors:
(i) The length of the relationship;
(ii) The type of relationship; and
(iii) The frequency of interaction between the persons involved in the relationship.
Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or
intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to
a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by
any other person against an adult or youth victim who is protected from that person's acts under the domestic or
family violence laws of the jurisdiction. The term “spouse or intimate partner of the victim” includes a person who is
or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of
the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the
relationship.
Sexual assault means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the
victim lacks capacity to consent.
Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person
to:
(1) Fear for the person’s individual safety or the safety of others; or
(2) Suffer substantial emotional distress.
VAWA means the Violence Against Women Act of 1994, as amended (42 U.S.C. 13925 and 42 U.S.C. 14043e et
seq.).
Attached:
Form HUD-5382 Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
NHHFA VAWA Notice of Occupancy Rights
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Owners Handbook Owners Information Handbook (New Hampshire Housing)

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Completed 30 August 2020

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