The HAP contract is a written
agreement between the PHA and the owner of the dwelling unit occupied by a
housing choice voucher assisted family. Under the HAP contract, the PHA agrees
to make housing assistance payments to the owner on behalf of a specific family
occupying a specific unit and obliges the owner to comply with all program
requirements.
The HAP contract format is
prescribed by HUD. The HAP contract contains three parts:
Part A of the contract includes basic contract
information about the name of the tenant family, address of the
contract unit, names of all household members, first and last dates of initial
lease term, amount of initial monthly rent to owner, amount of initial housing
assistance payment, utilities and appliances to be supplied by owner and
tenant, signatures of PHA and owner [HCV Guidebook, pp 11-10 and 11-11].
Part B is the body of the contract. It
describes in detail program requirements affecting the owner and owner roles
and responsibilities under the HCV program.
Topics addressed in Part B include:
- Lease
of Contract Unit
- Maintenance,
Utilities, and Other Services
- Term
of HAP Contract
- Provision
and Payment of Utilities and Appliances
- Rent
to Owner: Reasonable Rent
- PHA
Payment to Owner
- Prohibition
of Discrimination
- Owner’s
Breach of HAP Contract
- PHA
and HUD Access to Premises and Owner’s Records
- Exclusion
of Third Party Rights
- Conflict
of Interest
- Assignment
of the HAP Contract
- Written Notices
- Entire
Agreement Interpretation
Part C of the contract includes the Tenancy
Addendum (Form HUD-52641-A). The addendum sets forth the tenancy requirements
for the program and the composition of the household, as approved by OHA. The
owner must sign the HUD Tenancy Addendum with the prospective tenant, and the
tenant has the right to enforce the Tenancy Addendum against the owner. The
terms of the Tenancy Addendum prevail over any other provisions of the
lease.
HAP Contract