HUD 9647 Extension Amendment

Section 8 Renewal Policy Guide

Appendix 17-1

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

Section 8 Project-based Assistance
HOUSING ASSISTANCE PAYMENTS PROGRAM
HOUSING FINANCE & DEVELOPMENT AGENCIES

EXTENSION AMENDMENT TO
OLD REGULATION STATE AGENCY HOUSING
ASSISTANCE PAYMENTS CONTRACT
HAP Contract Extension
to Original Maturity of Permanent Financing

PREPARATION OF EXTENSION AMENDMENT
This form of Extension Amendment is used to extend the maximum total contract
term of a HAP Contract originally entered by a Housing Finance Agency (HFA)
and a Section 8 Owner on the November 1975 version of HUD Form 52645A.
The Extension Amendment extends the term of the HAP Contract to the date of
the originally scheduled maturity date on the HFA permanent financing for new
construction or substantial rehabilitation of the Project under the Section 8 State
Agency Program.
Reference numbers in this form refer to notes at the end of the Extension
Amendment contract text. These endnotes are instructions for preparation of the
Extension Amendment. The instructions are not part of the HAP Contract.

HUD-9647

Section 8 Renewal Policy Guide

Appendix 17-1

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

Section 8 Project-based Assistance
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
HOUSING FINANCE AND DEVELOPMENT AGENCIES

EXTENSION AMENDMENT TO
OLD REGULATION STATE AGENCY
HOUSING ASSISTANCE PAYMENTS CONTRACT
HAP Contract Extension
to Original Maturity Of Permanent Financing

1

CONTRACT INFORMATION1

PROJECT
Section 8 Project Number
Project Name
Project Description2

PERMANENT FINANCING – ORIGINALLY SCHEDULED MATURITY DATE
The originally scheduled maturity date of the permanent financing is:
.

HUD-9647

1
HAP contract extension to originally scheduled maturity date of permanent financing
(for extension of HAP contract on Form HUD 52645A dated 11-75)
7-2007

Section 8 Renewal Policy Guide

Appendix 17-1

PARTIES TO EXTENSION AMENDMENT
Name of Housing Finance Agency (HFA)3

HFA Address

Name of Owner4

Address of Owner

2

EXTENSION AMENDMENT – TERM OF HAP CONTRACT
a

The Extension Amendment is an amendment of the HAP Contract
between the HFA and the Owner, concerning Contract Units in the
Project identified in section 1 of the Extension Amendment. The
HAP Contract and the Extension Amendment to the HAP Contract
have been entered pursuant to Section 8.

b

Section 1.4a of the HAP Contract is amended:

HUD-9647

2
HAP contract extension to originally scheduled maturity date of permanent financing
(for extension of HAP contract on Form HUD 52645A dated 11-75)
7-2007

Section 8 Renewal Policy Guide

3

Appendix 17-1

(1)

By deleting the following phrase: “(2) a period terminating on
the date of the last payment of principal due on the
permanent financing”, and

(2)

By substituting the following phrase at the point of such
deletion: “(2) a period terminating on the date of the
originally scheduled maturity date of the permanent
financing”.

DEFINITIONS.
Extension amendment. This amendment extending the term of the HAP
Contract.
HAP Contract. A housing assistance payments contract between the
HFA and the owner. The HAP Contract was entered on form
HUD 52645A, dated November 1975. This Extension Amendment is an
amendment of the HAP Contract.
HFA. Housing Finance Agency. The HFA is a PHA.
HUD. The United States Department of Housing and Urban
Development.
HUD requirements. HUD regulations and other requirements, including
changes in HUD regulations and other requirements during the term of the
HAP Contract (including the Extension Amendment).
PHA. Public housing agency (as defined and qualified in accordance with
the United States Housing Act of 1937. 42 U.S.C. 1437 et seq.).
Project. The housing designated in section 1 of the Extension
Amendment.
Section 8. Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f).

4

PURPOSE OF EXTENSION AMENDMENT
a

This Extension Amendment is an extension of the term of the
housing assistance payments contract (“HAP Contract”) between
the HFA and the Owner of the Project. The Extension Amendment
is entered pursuant to Section 8.

b

The purpose of the Extension Amendment is to extend the term of
the HAP Contract (in accordance with section 1.4a of the HAP

HUD-9647

3
HAP contract extension to originally scheduled maturity date of permanent financing
(for extension of HAP contract on Form HUD 52645A dated 11-75)
7-2007

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Appendix 17-1

Contract, as amended by section 2 of the Extension Amendment).
During the term of the HAP Contract, the HFA shall make housing
assistance payments to the Owner in accordance with the
provisions of the HAP Contract, including the provisions of the
Extension Amendment.
c

5

6

7

Housing assistance payments shall only be paid to the Owner for
contract units occupied by eligible families leasing decent, safe and
sanitary units from the Owner in accordance with statutory
requirements, and with all HUD regulations and other HUD
requirements.

OWNER WARRANTIES
a

The Owner warrants that it has the legal right to execute the
Extension Amendment and to lease the contract units.

b

The Owner warrants that the contract units are in decent, safe and
sanitary condition (as defined and determined in accordance with
HUD requirements), and shall be maintained in such condition
during the term of the HAP Contract.

OWNER TERMINATION NOTICE
a

Before termination of the HAP Contract term, the Owner shall
provide written notice to the HFA and each assisted family in
accordance with HUD requirements.

b

If the Owner fails to provide such notice in accordance with the law
and HUD requirements, the Owner may not increase the tenant
rent payment by any assisted family until the owner has provided
such notice for the required period.

HUD REQUIREMENTS
The HAP Contract shall be construed and administered in accordance
with all statutory requirements, and with all HUD regulations and other
HUD requirements, including changes in HUD regulations and other HUD
requirements during the term of the HAP Contract. However, any
changes in HUD requirements that are inconsistent with the provisions of
the HAP Contract shall not be applicable.

HUD-9647

4
HAP contract extension to originally scheduled maturity date of permanent financing
(for extension of HAP contract on Form HUD 52645A dated 11-75)
7-2007

Section 8 Renewal Policy Guide

8

Appendix 17-1

WRITTEN NOTICES
a

Any notice by the HFA or the Owner to the other party pursuant to
the HAP Contract shall be given in writing.

b

A party shall give notice at the other party’s address specified in
section 1 of the Extension Amendment, or at such other address as
the other party has designated by a contract notice. A party gives a
notice to the other party by taking steps reasonably required to
deliver the notice in the ordinary course of business. A party
receives notice when the notice is duly delivered at the party’s
designated address.

HUD-9647

5
HAP contract extension to originally scheduled maturity date of permanent financing
(for extension of HAP contract on Form HUD 52645A dated 11-75)
7-2007

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Appendix 17-1

SIGNATURES

Housing Finance Agency (HFA)
Name of HFA (Print)

By
Signature of authorized representative
Name and official title (Print)
Date

Owner
Name of Owner (Print)

By
Signature of authorized representative
Name and title (Print)
Date

HUD-9647

6
HAP contract extension to originally scheduled maturity date of permanent financing
(for extension of HAP contract on Form HUD 52645A dated 11-75)
7-2007

INSTRUCTIONS FOR PREPARATION OF EXTENSION AMENDMENT
The following instructions are not part of the HAP contract.
Endnote numbers are keyed to references in the text of the Extension
Amendment.

1

To prepare the Extension Amendment for execution by the parties, fill out all
contract information in section 1.
2

Enter a description of the housing that will be covered by the Extension
Amendment. The description must clearly identify the Project by providing the
Project’s name, street address, city, county, state and zip code, block and lot
number (if known), and any other information necessary to clearly designate the
covered Project.
If necessary, attach an exhibit with a site plan, legal description or other
descriptive information. Enter a reference to the attached exhibit.
3

The HAP Contract, including the Extension Amendment, is a contract between
the Housing Finance Agency (HFA) and the Owner. Enter the full legal name of
the HFA that executes the Extension Amendment. The HFA is a public housing
agency (PHA) as defined in the United States Housing Act of 1937.
4

Enter the full legal name of the Owner. For example: “ABC Corporation, Inc., a
Maryland corporation.”

HUD-9647
ENDNOTE: INSTRUCTIONS