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pdfOMB Approval No. 2577-0169
(exp. 09/30/2017)
U.S. Department Of Housing And Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM
PBV AGREEMENT TO ENTER INTO
HOUSING ASSISTANCE PAYMENTS CONTRACT
NEW CONSTRUCTION OR REHABILITATION
PART I
This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information
unless that collection displays a valid OMB control number. Assurances of confidentiality are not provided
under this collection.
1.1 Parties
This Agreement to Enter into Housing Assistance Payments Contract (“Agreement”) is
entered into between:
(“PHA”) and
(“owner”).
1.2
Purpose
The owner agrees to develop the Housing Assistance Payments Contract (“HAP
contract”) units to in accordance with Exhibit B to comply with Housing Quality
Standards (“HQS”), and the PHA agrees that, upon timely completion of such
development in accordance with the terms of the Agreement, the PHA will enter into a
HAP contract with the owner of the contract units.
1.3
Contents of Agreement
This Agreement consists of Part I, Part II and the following Exhibits:
EXHIBIT A: The approved owner’s PBV proposal. (Selection of proposals must be in
accordance with 24 CFR 983.51.)
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EXHIBIT B: Description of work to be performed under this Agreement, including:
if the Agreement is for rehabilitation of units, this exhibit must include the
rehabilitation work write-up and, where the PHA has determined necessary,
specifications and plans.
if the Agreement is for new construction of units, the work description must
include the working drawings and specifications.
any additional requirements beyond HQS relating to quality, design and
architecture that the PHA requires.
work items resulting from compliance with the design and construction
requirements of the Fair Housing Act and implementing regulations at 24 CFR
100.205 and the accessibility requirements under section 504 of the Rehabilitation
Act of 1973 and implementing regulations at 24 CFR 8.22 and 8.23.
EXHIBIT C: Description of housing, including:
project site.
total number of units in project covered by this Agreement.
location of contract units on site.
number of contract units by area (size) and number of bedrooms and bathrooms.
services, maintenance, or equipment to be supplied by the owner without charges
in addition to the rent to owner.
utilities available to the contract units, including a specification of utility services
to be paid by owner (without charges in addition to rent) and utility services to be
paid by the tenant.
estimated initial rent to owner for the contract units.
EXHIBIT D: The HAP contract.
1.4
Significant Dates
A.
Effective Date of the Agreement: The Agreement must be executed
promptly after PHA notice of proposal selection to the owner has been
given. The PHA may not enter this Agreement with the owner until any
required subsidy layering review has been performed and an
environmental review has been satisfactorily completed in accordance
with HUD requirements.
B.
A project may either be a single-stage or multi-stage project. A singlestage project will have the same Agreement effective date for all contract
units. A multi-stage project will have separate effective dates for each
stage.
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______ Single-stage project
i. Effective Date for all contract units:
ii. Date of Commencement of the Work: The date for commencement of work is not
later than _________________ calendar days after the effective date of this
Agreement.
iii. Time for Completion of Work: The date for completion of the work is not later
than ______________ calendar days after the effective date of this Agreement.
_____ Multi-Stage Project
Enter the information for each stage upon execution of the Agreement for the
corresponding stage.
STAGE
1.5
NUMBER
OF UNITS
EFFECTIVE
DATE
DATE OF
TIME FOR
COMMENCEMENT COMPLETION
OF WORK
OF WORK
Nature of the Work
_____ This Agreement is for New Construction of units to be assisted by the
project-based voucher program.
_____ This Agreement is for Rehabilitation of units to be assisted by the
project-based voucher program.
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1.6
Schedule of Completion
A.
Timely Performance of Work: The owner agrees to begin work no later than the
date for commencement of work as stated in section 1.4. In the event the work is
not commenced, diligently continued and completed as required under this
Agreement, the PHA may terminate this Agreement or take other appropriate
action. The owner agrees to report promptly to the PHA the date work is
commenced and furnish the PHA with progress reports as required by the PHA.
B.
Time for Completion: All work must be completed no later than the end of the
period stated in section 1.4. Where completion in stages is provided for, work
related to units included in each stage shall be completed by the stage completion
date and all work on all stages must be completed no later than the end of the
period stated in section 1.4.
C.
Delays: If there is a delay in the completion due to unforeseen factors beyond the
owner’s control as determined by the PHA, the PHA agrees to extend the time for
completion for an appropriate period as determined by the PHA in accordance
with HUD requirements.
1.7
Changes in Work
A.
The owner must obtain prior PHA approval for any change from the work
specified in Exhibit B which would alter the design or quality of the rehabilitation
or construction. The PHA is not required to approve any changes requested by
the owner. PHA approval of any change may be conditioned on establishment of
a lower initial rent to owner as determined by PHA in accordance with HUD
requirements.
B.
If the owner makes any changes in the work without prior PHA approval, the
PHA may establish lower initial rents to owner as determined by the PHA in
accordance with HUD requirements.
C.
The PHA may inspect the work during rehabilitation or construction to ensure that
work is proceeding on schedule, is being accomplished in accordance with the
terms of the Agreement, meets the level of material described in Exhibit B and
meets typical levels of workmanship for the area.
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1.8
Work Completion
A.
Conformance with Exhibit B: The work must be completed in accordance with
Exhibit B. The owner is solely responsible for completion of the work.
B.
Evidence of Completion: When the work in completed, the owner must provide
the PHA with the following:
1. A certification by the owner that the work has been completed in
accordance with the HQS and all requirements of this Agreement.
2. A certification by the owner that the owner has complied with labor
standards and equal opportunity requirements in the development of the
housing. (See 24 CFR 983.155(b)(1)(ii).)
3. Additional Evidence of Completion: At the discretion of the PHA, or as
required by HUD, the owner may be required to submit additional
documentation as evidence of completion of the housing. Check the
following that apply:
______ A certificate of occupancy or other evidence that the contract units
comply with local requirements.
______ An architect or developer’s certification that the housing complies
with:
______ the HQS;
______ State, local or other building codes;
______ Zoning;
______ The rehabilitation work write-up for rehabilitated housing;
______ The work description for newly constructed housing; or
______ Any additional design or quality requirements pursuant to
this Agreement.
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1.9
Inspection and Acceptance by the PHA of Completed
Contract Units
A.
Completion of Contract Units: Upon receipt of owner notice of completion of
contract units, the PHA shall take the following steps:
1. Review all evidence of completion submitted by owner.
2. Inspect the units to determine if the housing has been completed in
accordance with this Agreement, including compliance with the HQS and
any additional requirements imposed by the PHA under this Agreement.
B.
Non-Acceptance: If the PHA determines the work has not been completed in
accordance with this Agreement, including non-compliance with the HQS, the
PHA shall promptly notify the owner of this decision and the reasons for the nonacceptance. The parties must not enter into the HAP contract at this point.
However, work deficiencies may be corrected in accordance with Section 1.10 of
this Agreement.
C.
Acceptance: If the PHA determines that the work has been completed in
accordance with this Agreement, and that the owner has submitted all required
evidence of completion, the PHA must submit the HAP contract for execution by
the owner and must then execute the HAP contract.
1.10 Acceptance Where Work Deficiencies Exist
A.
If the PHA determines that work deficiencies exist, the PHA shall determine
whether and to what extent the deficiencies are correctable, whether the units will
be accepted after correction of the deficiencies, and the requirements and
procedures (consistent with HUD requirements) for such correction and
acceptance of contract units. The PHA shall notify the owner of the PHA’s
decision.
B.
Completion in Stages: When the units will be completed in stages, the procedures
of this section shall apply to each stage.
1.11 Execution of HAP Contract
A.
Time and Execution: Upon acceptance of the units by the PHA, the owner and the
PHA execute the HAP contract.
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B.
Completion in Stages: When the units will be completed in stages, the number
and types of units in each stage, and the initial rents to owner for such units, shall
be separately shown in the HAP contract for each stage. Upon acceptance of the
first stage, the owner shall execute the HAP contract and the signature block
provided in the HAP contract for that stage. Upon acceptance of each subsequent
stage, the owner shall execute the signature block provided in the HAP contract
for such stage.
C.
Form of HAP contract: The terms of the HAP contract shall be provided in
Exhibit D of this Agreement. There shall be no change in the terms of the HAP
contract unless such change is approved by HUD headquarters. Prior to execution
by the owner, all blank spaces in the HAP contract shall be completed by the
PHA.
D.
Survival of Owner Obligations: Even after execution of the HAP contract, the
owner shall continue to be bound by all owner obligations under the Agreement.
1.12 Initial Determination of Rents
A.
The estimated initial rent to owner shall be established in Exhibit C of this
Agreement.
B.
The initial rent to owner is established at the beginning of the HAP contract term.
C.
The estimated and initial contract rents for each unit may in no event exceed the
amount authorized in accordance with HUD requirements. Where the estimated or
the initial rent to owner exceeds the amount authorized under HUD requirements,
the PHA shall establish a lower estimated or initial rent to owner (as applicable),
in accordance with HUD requirements.
1.13 Uniform Relocation Act
A.
A displaced person must be provided relocation assistance at the levels described
in and in accordance with the requirements of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 42014655) and implementing regulations at 49 CFR part 24.
B.
The cost of required relocation assistance may be paid with funds provided by the
owner, or with local public funds, or with funds available from other sources.
Payment of relocation assistance must be in accordance with HUD requirements.
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C
The acquisition of real property for a project to be assisted under the projectbased voucher program is subject to the URA and 49 CFR part 24, subpart B.
D.
The PHA must require the owner to comply with the URA and 49 CFR part 24.
E.
In computing a replacement housing payment to a residential tenant displaced as a
direct result of privately undertaken rehabilitation or demolition of the real
property, the term “initiation of negotiations” means the execution of the
Agreement between the owner and the PHA.
1.14 Protection of In-Place Families
A.
In order to minimize displacement of in-place families, if a unit to be placed
under HAP contract is occupied by an eligible family on the proposal selection
date, the in-place family must be placed on the PHA’s waiting list (if it is not
already on the list) and, once its continued eligibility is determined, given an
absolute selection preference and referred to the project owner for an
appropriately sized unit in the project.
B.
This protection does not apply to families that are not eligible to participate in the
program on the proposal selection date.
C.
The term “in-place family” means an eligible family residing in a proposed
contract unit on the proposal selection date.
D.
Assistance to in-place families may only be provided in accordance with HUD
requirements.
1.15 Termination of Agreement and HAP Contract
The Agreement or HAP contract may be terminated upon at least 30 days notice to the
owner by the PHA or HUD if the PHA or HUD determines that the contract units were
not eligible for selection in conformity with HUD requirements.
1.16
Rights of HUD if PHA Defaults Under Agreement
If HUD determines that the PHA has failed to comply with this Agreement, or has failed
to take appropriate action, to HUD’s satisfaction or as directed by HUD, for enforcement
of the PHA’s rights under this Agreement, HUD may assume the PHA’s rights and
obligations under the Agreement, and may perform the obligations and enforce the rights
of the PHA under the Agreement. HUD will, if it determines that the owner is not in
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default, pay annual contributions for the purpose of providing housing assistance
payments with respect to the dwelling unit(s) under this Agreement for the duration of the
HAP contract.
1.17 Owner Default and PHA Remedies
A.
Owner Default
Any of the following is a default by the owner under the Agreement:
1.
The owner has failed to comply with any obligation under the Agreement.
2.
The owner has violated any obligation under any other housing assistance
payments contract under Section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
3.
The owner has committed any fraud or made any false statement to the
PHA or HUD in connection with the Agreement.
4.
The owner has committed fraud, bribery or any other corrupt or criminal
act in connection with any Federal housing assistance program.
5.
If the property where the contract units are located is subject to a lien or
security interest securing a HUD loan or a mortgage insured by HUD and:
6.
B.
A.
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
B.
The owner has committed fraud, bribery or any other corrupt or
criminal act in connection with the HUD loan or HUD-insured
mortgage.
The owner has engaged in any drug-related criminal activity or any violent
criminal activity.
PHA Remedies
1.
If the PHA determines that a breach has occurred, the PHA may exercise
any of its rights or remedies under the Agreement.
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C.
2.
The PHA must notify the owner in writing of such determination. The
notice by the PHA to the owner may require the owner to take corrective
action (as verified by the PHA) by a time prescribed in the notice.
3.
The PHA’s rights and remedies under the Agreement include, but are not
limited to: (i) terminating the Agreement; and (ii) declining to execute the
HAP contract for some or all of the units.
PHA Remedy is not Waived
The PHA’s exercise or non-exercise of any remedy for owner breach of the
Agreement is not a waiver of the right to exercise that remedy or any other right
or remedy at any time.
1.18 PHA and Owner Relation to Third Parties
A.
Selection and Performance of Contractor
1.
The PHA has not assumed any responsibility or liability to the owner, or any
other party for performance of any contractor, subcontractor or supplier, whether
or not listed by the PHA as a qualified contractor or supplier under the program.
The selection of a contractor, subcontractor or supplier is the sole responsibility of
the owner and the PHA is not involved in any relationship between the owner and
any contractor, subcontractor or supplier.
2.
The owner must select a competent contractor to undertake rehabilitation or
construction. The owner agrees to require from each prospective contractor a
certification that neither the contractor nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or otherwise excluded
from participation in contracts by any Federal department or agency or the
Comptroller General. The owner agrees not to award contracts to, otherwise
engage in the service of, or fund any contractor that does not provide this
certification.
B.
Injury Resulting from Work under the Agreement: The PHA has not assumed
any responsibility for or liability to any person, including a worker or a resident of
the unit undergoing work pursuant to this Agreement, injured as a result of the
work or as a result of any other action or failure to act by the owner, or any
contractor, subcontractor or supplier.
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C.
Legal Relationship: The owner is not the agent of the PHA and this Agreement
does not create or affect any relationship between the PHA and any lender to the
owner or any suppliers, employees, contractor or subcontractors used by the
owner in the implementation of the Agreement.
D.
Exclusion of Third Party Claims: Nothing in this Agreement shall be construed
as creating any right of any third party (other than HUD) to enforce any provision
of this Agreement or the HAP contract, or to assert any claim against HUD, the
PHA or the owner under the Agreement or the HAP contract.
E.
Exclusion of Owner Claims against HUD: Nothing in this Agreement shall be
construed as creating any right of the owner to assert any claim against HUD.
1.19 PHA-Owned Units
Notwithstanding Section 1.18 of this Agreement, a PHA may own units assisted under
the project-based voucher program, subject to the special requirements in 24 CFR 983.59
regarding PHA-owned units.
1.20 Conflict of Interest
A.
Interest of Members, Officers, or Employees of PHA, Members of Local
Governing Body, or Other Public Officials
1.
No present or former member or officer of the PHA (except tenantcommissioners), no employee of the PHA who formulates policy or influences
decisions with respect to the housing choice voucher program or project-based
voucher program, and no public official or member of a governing body or State
or local legislator who exercises functions or responsibilities with respect to these
programs, shall have any direct or indirect interest, during his or her tenure or for
one year thereafter, in the Agreement or HAP contract.
2.
HUD may waive this provision for good cause.
B.
Disclosure
The owner has disclosed to the PHA any interest that would be a violation of the
Agreement or HAP contract. The owner must fully and promptly update such
disclosures.
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1.21 Interest of Member or Delegate to Congress
No member of or delegate to the Congress of the United States of America or residentcommissioner shall be admitted to any share or part of the Agreement or HAP contract
or to any benefits arising from the Agreement or HAP contract.
1.22 Transfer of the Agreement, HAP Contract or Property
A.
PHA Consent to Transfer
The owner agrees that the owner has not made and will not make any transfer in
any form, including any sale or assignment, of the Agreement, HAP contract or
the property without the prior written consent of the PHA. A change in ownership
in the owner, such as a stock transfer or transfer of the interest of a limited
partner, is not subject to the provisions of this section. Transfer of the interest of a
general partner is subject to the provisions of this section.
B.
Procedure for PHA Acceptance of Transferee
Where the owner requests the consent of the PHA for a transfer in any form,
including any sale or assignment, of the Agreement, the HAP contract or the
property, the PHA must consent to a transfer of the Agreement or HAP contract if
the transferee agrees in writing (in a form acceptable to the PHA) to comply with
all the terms of the Agreement and HAP contract, and if the transferee is
acceptable to the PHA. The PHA's criteria for acceptance of the transferee must
be in accordance with HUD requirements.
C.
When Transfer is Prohibited
The PHA will not consent to the transfer if any transferee, or any principal or
interested party is debarred, suspended subject to a limited denial of
participation, or otherwise excluded under 2 CFR part 2424, or is listed on the
U.S. General Services Administration list of parties excluded from Federal
procurement or nonprocurement programs.
1.23 Exclusion from Federal Programs
A.
Federal Requirements
The owner must comply with and is subject to requirements of 2 CFR part 2424.
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B.
Disclosure
The owner certifies that:
1.
The owner has disclosed to the PHA the identity of the owner and any
principal or interested party.
2.
Neither the owner nor any principal or interested party is listed on the U.S.
General Services Administration list of parties excluded from Federal
procurement and nonprocurement programs; and none of such parties are
debarred, suspended, subject to a limited denial of participation or
otherwise excluded under 2 CFR part 2424.
1.24 Lobbying Certifications
A.
B.
The owner certifies, to the best of owner’s knowledge and belief, that:
1.
No Federally appropriated funds have been paid or will be paid, by or on
behalf of the owner, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of the Agreement or HAP
contract, or the extension, continuation, renewal, amendment, or
modification of the HAP contract.
2.
If any funds other than Federally appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the Agreement or HAP contract, the owner must complete
and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,”
in accordance with its instructions.
This certification by the owner is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. 1352.
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1.25 Subsidy Layering
A.
Owner Disclosure
The owner must disclose to the PHA, in accordance with HUD requirements,
information regarding any related assistance from the Federal Government, a
State, or a unit of general local government, or any agency or instrumentality
thereof, that is made available or is expected to be made available with respect to
the contract units. Such related assistance includes, but is not limited to, any loan,
grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any
other form of direct or indirect assistance.
B.
Limit of Payments
Housing assistance payments under the HAP contract must not be more than is
necessary, as determined in accordance with HUD requirements, to provide
affordable housing after taking account of such related assistance. The PHA will
adjust in accordance with HUD requirements the amount of the housing
assistance payments to the owner to compensate in whole or in part for such
related assistance.
1.26 Prohibition of Discrimination
A.
The owner may not refuse to lease contract units to, or otherwise discriminate
against, any person or family in leasing of a contract unit, because of race, color,
religion, sex, national origin, disability, age or familial status.
B.
The owner must comply with the following requirements: The Fair Housing Act
(42 U.S.C. 3601–19) and implementing regulations at 24 CFR part 100 et seq. ;
Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959–
1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in
Housing Programs) and implementing regulations at 24 CFR part 107; title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) (Nondiscrimination in
Federally Assisted Programs) and implementing regulations at 24 CFR part 1; the
Age Discrimination Act of 1975 (42 U.S.C. 6101–6107) and implementing
regulations at 24 CFR part 146; section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) and implementing regulations at part 8 of this title; title II of the
Americans with Disabilities Act, 42 U.S.C. 12101 et seq. ; 24 CFR part 8; section
3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and
implementing regulations at 24 CFR part 135; Executive Order 11246, as
amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964–
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1965 Comp., p. 339; 3 CFR, 1966–1970 Comp., p. 684; 3 CFR, 1966–1970
Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264,
respectively) (Equal Employment Opportunity Programs) and implementing
regulations at 41 CFR chapter 60; Executive Order 11625, as amended by
Executive Order 12007 (3 CFR, 1971–1975 Comp., p. 616 and 3 CFR, 1977
Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 (3 CFR,
1983 Comp., p. 198) (Minority Business Enterprise Development); and Executive
Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393
and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise).
C.
The PHA and the owner must cooperate with HUD in the conducting of
compliance reviews and complaint investigations pursuant to all applicable civil
rights statutes, Executive Orders, and all related rules and regulations.
1.27 PHA and HUD Access to Premises and Owner Records
A.
The owner must furnish any information pertinent to this Agreement as may be
reasonably required from time to time by the PHA or HUD. The owner shall
furnish such information in the form and manner required by the PHA or HUD.
B.
The owner must permit the PHA or HUD or any of their authorized
representatives to have access to the premises during normal business hours and,
for the purpose of audit and examination, to have access to any books, documents,
papers and records of the owner to the extent necessary to determine compliance
with the Agreement.
1.28 Notices and Owner Certifications
A.
Where the owner is required to give any notice to the PHA pursuant to this
Agreement, such notice shall be in writing and shall be given in the manner
designated by the PHA.
B.
Any certification or warranty by the owner pursuant to the Agreement shall be
deemed a material representation of fact upon which reliance was placed when
this transaction was entered into.
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1.29
HUD Requirements
A.
The Agreement and the HAP contract shall be interpreted and implemented in
accordance with all statutory requirements, and with all HUD requirements,
including amendments or changes in HUD requirements. The owner agrees to
comply with all such laws and HUD requirements
B.
HUD requirements are requirements that apply to the project-based voucher
program. HUD requirements are issued by HUD Headquarters as regulations,
Federal Register notices or other binding program directives.
1.30
Applicability of Part II provisions – Check all that apply
□ Training, Employment and Contracting Opportunities
Section 2.1 applies if the total of the contract rents for all units under the proposed
HAP contract, over the maximum term of the contract, is more than $200,000.
□ Equal Employment Opportunity
Section 2.2 only applies to construction contracts of more than $10,000.
□ Labor Standards Requirements
Sections 2.4, 2.8 and 2.10 apply when this Agreement covers nine or more units.
□ Flood Insurance
Section 2.11 applies if units are located in areas having special flood hazards and
in which flood insurance is available under the National Flood Insurance
Program.
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EXECUTION OF THE AGREEMENT
PUBLIC HOUSING AGENCY
Name (Print)
By:
Signature of Authorized Representative
Official title (Print):
Date:
OWNER
Name (Print)
By:
Signature of Authorized Representative
Official Title (Print):
Date:
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| File Type | application/pdf |
| File Modified | 2014-09-16 |
| File Created | 2011-02-06 |