Housing Assistance Payments Contract

Previous editions are obsolete
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form
HUD-52641
(04/2015)
ref Handbook 7420.8
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 prescribed by HUD.
However, the PHA may choose to add the following:
Language that prohibits the owner from collecting a security
deposit in excess of private market practice, or in excess of
amounts charged by the owner to unassisted tenants. Such a
prohibition must be added to Part A of the HAP contract.
Language that defines when the housing assistance payment by
the PHA is deemed received by the owner (e.g., upon mailing
by the PHA or actual receipt by the owner). Such language
must be added to Part A of the HAP contract.
To prepare the HAP contract, fill in all contract information in Part
A of the contract. Part A must then be executed by the owner and the
PHA.
Use for special housing types
In addition to use for the basic Section 8 voucher program, this form
must also be used for the following special housing types which are
voucher program variants for special needs (see 24 CFR Part 982,
Subpart M): (1) single room occupancy (SRO) housing; (2)
congregate housing; (3) group home; (4) shared housing; and (5)
manufactured home rental by a family that leases the manufactured
home and space. When this form is used for a special housing type,
the special housing type shall be specified in Part A of the HAP
contract, as follows: “This HAP contract is used for the following
special housing type under HUD regulations for the Section 8
voucher program: (Insert Name of Special Housing type).
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
opportunities for the tenant, and
Suchshortertermistheprevailinglocalmarket
practice.
Section 6. Initial Rent to Owner
Enter the amount of the monthly rent to owner during the
initial lease term. The PHA must determine that the rent to owner is
reasonable in comparison to rent for other comparable unassisted units.
During the initial lease term, the owner may not raise the rent to
owner.
Section 7. Housing Assistance Payment
Enterthe initialamountofthemonthlyhousingassistance
payment.
Section 8. Utilities and Appliances.
TheleaseandtheHAPcontractmustspecifywhatutilitiesand
appliancesare to be supplied by the owner, andwhat
utilities andappliancesareto be supplied by the tenant. Fill in
section 8 to show who is responsible to provide or pay for utilities
andappliances.
Page 1/12
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