HUD 52642 HAP Contract

U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing

Housing Assistance Payments Contract
Manufactured Home Space Rental
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program

Instructions for use of HAP Contract

How to fill in Part A

This form of Housing Assistance Payments Contract (HAP
contract) is used to provide Section 8 tenant-based rental assistance for manufactured home space rental by an eligible lowincome family under the housing choice voucher program
(voucher program) of the U.S. Department of Housing and Urban
Development (HUD).
The main regulation for the voucher program is 24 Code of
Federal Regulations Part 982. Assistance for manufactured
home space rental is a “special housing type” in the voucher
program. Special voucher program requirements for special
housing types are described in Subpart M of Part 982.
The local voucher program is administered by a public housing
agency (PHA). The HAP contract for manufactured home space
rental is an agreement between the PHA and the owner of a
manufactured home space leased by an assisted family (manufactured home space owner). The family owns a manufactured
home. During the lease term, the family will occupy a manufactured home located on the leased space.
Use of this form
The HAP contract has three parts:
Part A: Contract information (fill-ins).
See section by section instructions.
Part B: Body of contract
Part C: Tenancy addendum
Use of this 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:
o 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.
o 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 upon 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
manufactured home space owner and the PHA.

Section by section instructions
Section 2: Tenant
Enter full name of tenant.
Section 3. Manufactured Home Space
Enter address and designation of manufactured home space.
Section 4. Household Members
Enter full names of all PHA-approved household members.
Specify if any such person is a live-in aide – a person approved
by the PHA to reside in the manufactured home 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:
o Such shorter term would improve housing opportunities
for the tenant, and
o Such shorter term is the prevailing local market practice.
Section 6. Initial Space Rent
Enter the amount of the monthly rent to owner for the space
during the initial lease term. The rent to owner includes owner
maintenance and management charges for the space, and charges
for owner-paid utilities. However, rent to owner does not
include tenant-paid utilities.
The PHA must determine that the rent to owner for the space is
reasonable in comparison to rent for other comparable unassisted spaces. During the initial lease term, the owner may not
raise the rent to owner.
Section 7. Housing Assistance Payment
Enter the initial amount of the monthly housing assistance payment.
Section 8. Utilities
The lease and the HAP contract must specify what utilities are to
be supplied by the owner, and what utilities are to be supplied by
the tenant. Fill in section 8 to show who is responsible to provide
or pay for utilities.

HAP Contract - Space Rental
Page 1 of 10

form HUD-52642 (3/2000)
ref Handbook 7420.8

Housing Assistance Payments Contract
Manufactured Home Space Rental

U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing

Section 8 Tenant-Based Assistance
Housing Choice Voucher Program
Part A of the HAP Contract: Contract Information
(To prepare the contract, fill out all contract information in Part A.)
1. Contents of Contract
The purpose of this HAP contract is to assist the household to lease a manufactured home space (space) from the owner. The HAP
contract has three parts:
Part A: Contract Information
Part B: Body of Contract
Part C: Tenancy Addendum
2. Tenant

3.

Manufactured Home Space: Address and Designation

4.

Household Members
The following persons may reside in the manufactured home and space. Other persons may not be added to the household without
prior written approval of the owner and the PHA.

5.

Initial Lease Term (mm/dd/yyyy)
The initial lease term begins on: ________________________
The initial lease term ends on:
________________________
Initial Space Rent
The initial rent to owner for the space is: $ __________________________
During the initial lease term, the owner may not raise the rent to owner.

6.

7.

Initial Housing Assistance Payment
The HAP contract term commences on the first day of the initial lease term. At the beginning of the HAP contract term, the amount
of the housing assistance payment by the PHA to the owner is $_______________________ per month.
The amount of the monthly housing assistance payment by the PHA to the owner is subject to change during the HAP contract
term in accordance with HUD requirements.

HAP Contract - Space Rental
Page 2 of 10

form HUD-52642 (3/2000)
ref Handbook 7420.8

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

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

Paid by

Other Electric
Water
Sewer
Trash Collection
Air Conditioning

N/A

Refrigerator

N/A

Range/Microwave

N/A

Other (specify)

Signatures:
Public Housing Agency

Owner

Print or Type Name of PHA

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)

HAP Contract - Space Rental
Page 3 of 10

form HUD-52642 (3/2000)
ref Handbook 7420.8

U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing

Housing Assistance Payments Contract
Manufactured Home Space Rental
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program

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 help the family pay rent for the
manufactured home space (space) described in Part A of the
HAP contract with monthly assistance payments from the PHA
under the Section 8 voucher program (see HUD program
regulations at 24 Code of Federal Regulations Part 982).
b. During the HAP contract term, the PHA will pay housing
assistance payments to the owner in accordance with the
HAP contract. The housing assistance payments by the
PHA assist the tenant to lease the space from the owner.
The HAP contract only applies to the space and household
identified in Part A (including any PHA-approved changes
in household composition in accordance with this contract).
2. Lease of Manufactured Home Space
a. The PHA has approved the leasing of the space in accordance with requirements of the Section 8 voucher program.
b. The lease for the space must include word-for-word all
provisions of the tenancy addendum required by HUD
(Part C of the HAP contract).
c. The owner certifies that:
(1) The owner and the tenant have entered into a lease for
the space 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 for rental of a manufactured
home space and that is used for other unassisted
tenants in the manufactured home park.
(3) The lease is consistent with State and local law.
d. The owner is responsible for screening the family’s behavior or suitability for tenancy. The PHA is not responsible for such screening. The PHA has no liability or
responsibility to the owner or other persons for the family’s
behavior or the family’s conduct in tenancy.
3. Housing Quality Standards
a. The PHA shall not make any housing assistance payments
if the housing, including the space and the manufactured
home, does not comply with the HQS, regardless of whether
the failure is caused by the owner or by the household.
b. The PHA may inspect the mobile home park, the space
and the manufactured home at such times as the PHA
determines necessary to ensure that the unit is in accordance with the HQS.
c. The PHA must notify the owner and the tenant of any HQS
defects shown by the inspection.
d. The owner must provide all maintenance and management services for the space as agreed to in the lease.

4.

Term of HAP Contract
a. Relation to lease term. The term of the HAP contract
begins on the first day of the initial term of the lease, and
terminates on the last day of the term of the lease (including the initial lease term and any extensions).
b. When HAP contract terminates.
(1) The HAP contract terminates automatically if the
lease is terminated by the owner or the tenant.
(2) The PHA may terminate program assistance for the
family for any grounds authorized in accordance with
HUD requirements. If the PHA terminates program
assistance for the family, the HAP contract terminates automatically.
(3) The HAP contract terminates automatically if the
family moves from the space, or if the family’s
manufactured home is removed from the space.
(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 PHA may terminate the HAP contract if the PHA
determines that the manufactured home does not
provide adequate space in accordance with the HQS
because of an increase in family size or a change in
family composition.
(7) If the family breaks up, the PHA may terminate the HAP
contract, or may continue housing assistance payments
on behalf of family members who continue to reside in
the manufactured home located on the space.
(8) The PHA may terminate the HAP contract if the PHA
determines that the housing does not comply with all
requirements of the HQS, or determines that the
owner has otherwise breached the HAP contract.
5. Provision and Payment for Utilities
a. The lease must specify what utilities are to be provided or
paid by the owner or the tenant.
b. Part A of the HAP contract specifies what utilities 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 for the
space may at no time exceed the reasonable rent as most
recently determined or redetermined by the PHA in accordance with HUD requirements.

HAP Contract - Space Rental
Page 4 of 10

form HUD-52642 (3/2000)
ref Handbook 7420.8

b. The PHA must determine whether the rent to owner is reasonable in comparison to rent for other comparable unassisted
spaces. To make this determination, the PHA must consider:
(1) The location and size of the space,
(2) Any utilities provided or paid by the owner in connection with rental of the space, and
(3) Any services and maintenance provided by the owner
in accordance with the lease.
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 spaces in the manufactured home park. The owner
must give the PHA any information requested by the PHA
on rents charged by the owner for rental of other spaces
in the manufactured home park or elsewhere.
7. PHA Payment to Owner
a. When paid
(1) During the term of the HAP contract, the PHA must
make monthly housing assistance payments to the
owner on behalf of the family at the beginning of each
month.
(2) The PHA must pay housing assistance payments
promptly when due to the owner.
(3) If housing assistance payments are not paid promptly
when due after the first two calendar months of the
HAP contract term, the PHA shall pay the owner
penalties in accordance with generally accepted practices and law, as applicable in the local housing
market, governing penalties for late payment by a
tenant. 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 manufactured home located on the space 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 from the space.
b. Owner compliance with HAP contract. Unless the
owner has complied with all provisions of the HAP
contract, the owner does not have a right to receive
housing assistance payments under the HAP contract.
c. Amount of PHA payment to owner
(1) The amount of the monthly PHA housing assistance
payment to the owner shall be determined by the

PHA in accordance with HUD requirements for a
manufactured home space 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 prorated 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 space.
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 manufactured home space tenancy assisted 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.
During the term of this contract, the owner certifies that:
a. The owner is operating the manufactured home park and
the space in accordance with the housing quality standards (HQS), and is providing all maintenance and management services and facilities necessary for compliance
with the HQS, including trash collection and facilities for
disposal of waste and refuse.
b. The space is leased to the tenant. The lease includes the
tenancy addendum for manufactured home space rental
(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 spaces in the
manufactured home park.
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 space.
f. To the best of the owner’s knowledge, the members of the
family reside in the manufactured home located on the
space, and the manufactured home is the family’s only
residence.

HAP Contract - Space Rental
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form HUD-52642 (3/2000)
ref Handbook 7420.8

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
space, 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.
(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 manufactured
home, the PHA may exercise any rights and remedies for
owner breach of the HAP contract.
f. The PHA’s exercise or non-exercise of any right or
remedy for owner breach of the HAP contract is not a
waiver of the right to exercise that or any other right or
remedy at any time.
11. PHA and HUD Access to Premises and Owner’s Records
a. The owner must provide any information pertinent to the
HAP contract that the PHA or HUD may reasonably
require.
b. The PHA, HUD and the Comptroller General of the
United States shall have full and free access to the
manufactured home park, the space and the manufactured
home, 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, equipment 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 space or the manufactured home park, or
in conjunction with implementation of the HAP contract,
or as a result of any other action or failure to act by the
owner.
d. The owner is not the agent of the PHA, and the HAP
contract does not create or affect any relationship between the PHA and any lender to the owner or any
suppliers, employees, contractors or subcontractors used
by the owner in connection with management of the space
or the manufactured home park, 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);

HAP Contract - Space Rental
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form HUD-52642 (3/2000)
ref Handbook 7420.8

(2) Any employee of the PHA, or any contractor, subcontractor or agent of the PHA, who formulates policy or
who influences decisions with respect to the program;
(3) Any public official, member of a governing body, or
State or local legislator, who exercises functions or
responsibilities with respect to the program; or
(4) Any member of the Congress of the United States.
b. A covered individual may not have any direct or indirect
interest in the HAP contract or in any benefits or payments
under the contract (including the interest of an immediate
family member of such covered individual) while such
person is a covered individual or during one year thereafter.
c. “Immediate family member” means the spouse, parent
(including a stepparent), child (including a stepchild),
grandparent, grandchild, sister or brother (including a
stepsister or stepbrother) of any covered individual.
d. The owner certifies and is responsible for assuring that no
person or entity has or will have a prohibited interest, at
execution of the HAP contract, or at any time during the
HAP contract term.
e. If a prohibited interest occurs, the owner shall promptly
and fully disclose such interest to the PHA and HUD.
f. The conflict of interest prohibition under this section may
be waived by the HUD field office for good cause.
g. No member of or delegate to the Congress of the United
States or resident commissioner shall be admitted to any
share or part of the HAP contract or to any benefits which
may arise from it.
14. Assignment of the HAP Contract
a. The owner may not assign the HAP contract to a new
owner without the prior written consent of the PHA.
b. If the owner requests PHA consent to assign the HAP
contract to a new owner, the owner shall supply any
information as required by the PHA pertinent to the
proposed assignment.
c. The HAP contract may not be assigned to a new owner if
the new owner (including a principal or other interested
party) is debarred, suspended or subject to a limited
denial of participation under HUD regulations (see 24
Code of Federal Regulations Part 24).
d. The HAP contract may not be assigned to a new owner if
HUD has prohibited such assignment because:
(1) The Federal government has instituted an administrative or judicial action against the owner or proposed new owner for violation of the Fair Housing
Act or other Federal equal opportunity requirements,
and such action is pending; or
(2) A court or administrative agency has determined that the
owner or proposed new owner violated the Fair Housing
Act or other Federal equal opportunity requirements.
e. The HAP contract may not be assigned to a new owner if the
new owner (including a principal or other interested party)
is the parent, child, grandparent, grandchild, sister or brother
of any member of the family, unless the PHA has determined
(and has notified the family of such determination) that

approving the assignment, notwithstanding such relationship, would provide reasonable accommodation for a family
member who is a person with disabilities.
f. The PHA may deny approval to assign the HAP contract
if the owner or proposed new owner (including a principal
or other interested party):
(1) Has violated obligations under a housing assistance
payments contract under Section 8;
(2) Has committed fraud, bribery or any other corrupt or
criminal act in connection with any Federal housing
program;
(3) Has engaged in any drug-related criminal activity or
any violent criminal activity;
(4) Has a history or practice of noncompliance with the
HQS for units leased under the Section 8 tenantbased programs, or noncompliance with applicable
housing standards for units leased with project-based
Section 8 assistance or for units leased under any
other Federal housing program;
(5) Has a history or practice of failing to terminate
tenancy of tenants assisted under any federally
assisted housing program for activity engaged in by
the tenant, any member of the household, a guest or
another person under the control of any member of
the household that:
(a) Threatens the right to peaceful enjoyment of the
premises by other residents;
(b) Threatens the health or safety of other residents,
of employees of the PHA or of owner employees
or other persons engaged in management of the
housing;
(c) Threatens the health or safety of, or the right to
peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the
premises; or
(d) Is drug-related criminal activity or violent criminal
activity;
(6) Has a history or practice of renting spaces or units
that fail to meet State or local housing codes; or
(7) Has not paid State or local real estate taxes, fines or
assessments.
g. The new owner must agree to be bound by and comply
with the HAP contract. The agreement must be in
writing, and in a form acceptable to the PHA. The new
owner must give the PHA a copy of the executed agreement.
15. Written Notices. Any notice by the PHA or the owner in
connection with this contract must be in writing.
16. Entire Agreement; Interpretation
a. The HAP contract contains the entire agreement between
the owner and the PHA.
b. The HAP contract shall be interpreted and implemented in
accordance with HUD requirements, including the HUD program regulations at 24 Code of Federal Regulations Part 982.

HAP Contract - Space Rental
Page 7 of 10

form HUD-52642 (3/2000)
ref Handbook 7420.8

U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing

Housing Assistance Payments Contract
Manufactured Home Space Rental
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program

Part C of HAP Contract: Tenancy Addendum
1.

Section 8 Voucher Program
a. The owner has leased the manufactured home space (space)
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).
During the term of the lease, a manufactured home owned
by the family will be located on the space. The family will
reside in the manufactured home with assistance under the
voucher program.
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 help the family
pay the rent for the space.
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 Manufactured Home
a. During the lease term, the family will reside in the manufactured home located on the space with assistance under the
voucher program.
b. The composition of the household must be approved by the
PHA. The family must promptly inform the PHA of the
birth, adoption or court-awarded custody of a child. Other
persons may not be added to the household without prior
written approval of the owner and the PHA.
c. The manufactured home space may only be used for residence by the PHA-approved household members. The
manufactured home must be the family’s only residence.
Members of the family may engage in legal profit-making
activities incidental to primary use of the manufactured
home and space for residence by members of the family.
d. The tenant may not sublease or let the manufactured home
or the space.
e. The tenant may not assign the lease or transfer the space.
4. Rent to Owner
a. The initial rent to owner for the space may not exceed the
amount approved by the PHA in accordance with HUD
requirements.
b. Changes in the rent to owner for the space 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 for the space
may at no time exceed:
(1) The reasonable rent for the space as most recently
determined or redetermined by the PHA in accordance
with HUD requirements, or
(2) Rent charged by the owner for comparable unassisted
spaces in the manufactured home park.
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 manufactured
home space tenancy under the Section 8 voucher program.
c. The monthly housing assistance payment shall be credited
against the monthly rent to owner for the space.
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 space in
addition to the rent to owner. The rent to owner for the space
includes owner management and maintenance charges for
the space, and owner-paid utilities. However, rent to owner
does not include tenant-paid utilities.
f. The owner must immediately return any excess rent payment to the tenant.
6. Other Fees and Charges
a. Rent to owner does not include cost of any meals or
supportive services or furniture which may be provided by
the owner.
b. The owner may not require the tenant or family members to
pay charges for any meals or supportive services or furniture
which may be provided by the owner. Nonpayment of any
such charges is not grounds for termination of tenancy.
c. The owner may not charge the tenant extra amounts for
items customarily included in rent to owner in the locality,
or provided at no additional cost to unsubsidized tenants in
the premises.

HAP Contract - Space Rental
Page 8 of 10

form HUD-52642 (3/2000)
ref Handbook 7420.8

7.

Maintenance, Utilities, and Other Services
a. Maintenance
(1) The manufactured home park and the space shall be
operated in accordance with the housing quality standards (HQS). The owner shall provide all maintenance
and management services and facilities necessary for
compliance with the HQS, including: trash collection
and facilities for disposal of waste and refuse. However, the owner is not required to maintain or repair the
family’s manufactured home.
(2) The owner shall provide adequate maintenance of roads,
walkways and other common areas and facilities, and
shall assure that the family has adequate access to the
space.
b. Utilities and appliances
(1) The owner must provide sources and lines for supply of
all utilities needed to comply with the HQS, including
water, electricity and other necessary utilities.
(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 HQS because of damages to the manufactured home by a
member of the household.
8. Termination of Tenancy by Owner
a. Requirements. 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 because 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 space and the manufactured home
park;
(3) Criminal activity or alcohol abuse (as provided in
paragraph c); or
(4) Other good cause (as provided in paragraph d).
c. Criminal activity or alcohol abuse.
(1) The owner may terminate the tenancy during the term
of the lease if any member of the household, a guest or
another person under a resident’s control commits any
of the following types of criminal activity:
(a) Any criminal activity that threatens the health or
safety of, or the right to peaceful enjoyment of the
manufactured home park by, other residents (including property management staff residing in the
manufactured home park);
(b) Any criminal activity that threatens the health or
safety of, or the right to peaceful enjoyment of their
residences by, persons residing in the immediate
vicinity of the manufactured home park;
(c) Any violent criminal activity on or near the manufactured home park; or
(d) Any drug-related criminal activity on or near the
manufactured home park.

(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 manufactured home park 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 includes:
(a) Disturbance of neighbors,
(b) Destruction of property, or
(c) Living or housekeeping habits that cause damage
to the manufactured home, the space or the manufactured home park.
(3) After the initial lease term, such good cause includes:
(a) The tenant’s failure to accept the owner’s offer of
a new lease or revision;
(b) The owner’s desire to use the space for personal or
family use or for a purpose other than residential
rental use; or
(c) A business or economic reason for termination of
the tenancy (such as sale of the property, renovation of the manufactured home park, the owner’s
desire to rent the space for a higher rent).
e. Eviction by court action. The owner may only evict the
tenant from the space by a court action.
f. Owner notice of grounds
(1) The owner must give the tenant a notice that specifies
the grounds for termination of tenancy during the term
of the lease. The tenancy does not terminate before the
owner has given this notice to the tenant.
(2) The notice must be given at or before commencement
of the eviction action. The notice may be included in or
combined with any owner eviction notice.
(3) The owner must give the PHA a copy of any owner
eviction notice at the same time the owner notifies the
tenant.
(4) 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.

HAP Contract - Space Rental
Page 9 of 10

form HUD-52642 (3/2000)
ref Handbook 7420.8

9.
10.

11.
12.

13.

14.

15.

Lease: Relation to HAP Contract. If the HAP contract
terminates for any reason, the lease terminates automatically.
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.
Family Move-Out. The tenant must notify the PHA and the
owner before the family moves out of the space.
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 space, 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 or any other
amounts that the tenant owes under the lease.
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.
Prohibition of Discrimination. In accordance with applicable
equal opportunity statutes, Executive Orders, and regulations,
the owner must not discriminate against any person because of
race, color, religion, sex, national origin, age, familial status or
disability in connection with the lease.
Conflict with Other Provisions of Lease
a. The terms of the tenancy addendum are prescribed by HUD
in accordance with Federal law and regulation, as a condition for Federal assistance to the tenant and tenant’s family
under the Section 8 voucher program.
b. In case of any conflict between the provisions of the tenancy
addendum as required by HUD, and any other provisions of
the lease or any other agreement between the owner and the
tenant, the requirements of the HUD-required tenancy addendum shall control.
Changes in Lease or Rent
a. The tenant and the owner may not make any change in the
tenancy addendum. However, if the tenant and the owner
agree to any other changes in the lease, such changes must
be in writing, and the owner must immediately give the PHA
a copy of such changes. The lease, including any changes,
must be in accordance with the requirements of the tenancy
addendum.
b. In the following cases, tenant-based assistance shall not be
continued unless the PHA has approved a new tenancy in
accordance with program requirements and has executed a
new HAP contract with the owner:
(1) If there are any changes in lease requirements governing tenant or owner responsibilities for utilities or
appliances;

(2) If there are any changes in lease provisions governing
the term of the lease;
(3) If the family moves to a new unit, even if the unit is in
the same building or complex.
c. PHA approval of the tenancy, and execution of a new HAP
contract, are not required for agreed changes in the lease
other than as specified in paragraph b.
d. The owner must notify the PHA of any changes in the
amount of the rent to owner at least sixty days before any
such changes go into effect, and the amount of the rent to owner
following any such agreed change may not exceed the reasonable rent for the space as most recently determined or redetermined by the PHA in accordance with HUD requirements.
16. Notices. Any notice under the lease by the tenant to the owner
or by the owner to the tenant must be in writing.
17. Definitions
Family. The persons who may reside in the manufactured home
located on the space with assistance under the program.
HAP contract. The housing assistance payments contract between
the PHA and the owner. The PHA pays housing assistance payments to the owner in accordance with the HAP contract.
Household. The persons who may reside in the manufactured home
located on the space. The household consists of the family and any
PHA-approved live-in aide. (A live-in aide is a person who resides
in the unit to provide necessary supportive services for a member of
the family who is a person with disabilities.)
Housing quality standards (HQS). The HUD minimum quality
standards for manufactured housing assisted under the Section 8
tenant-based programs.
HUD. The U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements for the Section 8 program.
HUD requirements are issued by HUD headquarters, as regulations,
Federal Register notices or other binding program directives.
Lease. The written agreement between the owner and the tenant for
the lease of the space to the tenant. The lease includes the tenancy
addendum prescribed by HUD.
Manufactured home park. The property on which the space is
located, including common areas and grounds.
PHA. Public Housing Agency.
Program. The Section 8 housing choice voucher program.
Rent to owner. The total monthly rent payable to the owner for the
space. The rent to owner is the sum of the portion of rent payable
by the tenant plus the PHA housing assistance payment to the
owner.
Section 8. Section 8 of the United States Housing Act of 1937 (42
United States Code 1437f).
Space (manufactured home space). The manufactured home space
rented by the tenant with assistance under the program.
Tenant. The family member (or members) who leases the space
from the owner.
Voucher program. The Section 8 housing choice voucher program. Under this program, HUD provides funds to a PHA for rent
subsidy on behalf of eligible families. The tenancy under the lease
will be assisted with rent subsidy for a tenancy under the voucher
program.

HAP Contract - Space Rental
Page 10 of 10

form HUD-52642 (3/2000)
ref Handbook 7420.8