HUD 52530B Section 8 Project-Based Voucher Program: PBV Housing Ass

OMB 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 HOUSING ASSISTANCE PAYMENTS CONTRACT
EXISTING HOUSING
PART 1 OF HAP CONTRACT

This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information
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under this collection.

1. CONTRACT

INFORMATION

a. Parties
This housing assistance payments (HAP) contract is entered into between:
____________________________________________________ ( PHA) and
____________________________________________________ (owner).
b.

Contents of contract

The HAP contract consists of Part 1, Part 2 and the contract exhibits listed in paragraph c.
c. Contract

exhibits

The HAP contract includes the following exhibits:
EXHIBIT A: TOTAL NUMBER OF UNITS IN PROJECT COVERED BY THIS HAP
CONTRACT; INITIAL RENT TO OWNER; AND THE NUMBER AND
DESCRIPTION OF THE CONTRACT UNITS. (See 24 CFR 983.203 for
required items.)

Previous editions are obsolete

Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 1 of Part 1

EXHIBIT B: SERVICES, MAINTENANCE AND EQUIPMENT TO BE
PROVIDED BY THE OWNER WITHOUT CHARGES IN ADDITION
TO RENT TO OWNER
EXHIBIT C: UTILITIES AVAILABLE IN THE CONTRACT UNITS, INCLUDING
A LISTING OF UTILITIY SERVICES TO BE PAID BY THE OWNER
(WITHOUT CHARGES IN ADDITION TO RENT TO OWNER) AND
UTILITIES TO BE PAID BY THE TENANTS
EXHIBIT D: FEATURES PROVIDED TO COMPLY WITH PROGRAM
ACCESSIBILITY FEATURES OF SECTION 504 OF THE
REHABILITATION ACT OF 1973
ADDITIONAL EXHIBITS
d.

Effective date and term of HAP contract

1. Effective

date

a.

The PHA may not enter into a HAP contract for any contract unit until the PHA
has determined that the unit complies with the housing quality standards.

b

For all contract units, the effective date of the HAP contract is:
________________________________.

c

The term of the HAP contract begins on the effective date.

2.

Length of initial term

a.

Subject to paragraph 2.b, the initial term of the HAP contract for all contract units
is: ____________________________.

b.

The initial term of the HAP contract may not be less than one year, nor more than
fifteen years.

3.

Extension of term
The PHA and owner may agree to enter into an extension of the HAP contract at

Previous editions are obsolete

Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 2 of Part 1

the time of initial HAP contract execution or any time prior to expiration of the
contract. Any extension, including the term of such extension, must be in
accordance with HUD requirements. A PHA must determine that any extension
is appropriate to achieve long-term affordability of the housing or expand
housing opportunities.
4.

Requirement for sufficient appropriated funding

a.

The length of the initial term and any extension term shall be subject to
availability, as determined by HUD, or by the PHA in accordance with HUD
requirements, of sufficient appropriated funding (budget authority), as provided in
appropriations acts and in the PHA's annual contributions contract (ACC) with
HUD, to make full payment of housing assistance payments due to the owner for
any contract year in accordance with the HAP contract.

b.

The availability of sufficient funding must be determined by HUD or by the PHA
in accordance with HUD requirements. If it is determined that there may not be
sufficient funding to continue housing assistance payments for all contract units
and for the full term of the HAP contract, the PHA has the right to terminate the
HAP contract by notice to the owner for all or any of the contract units. Such
action by the PHA shall be implemented in accordance with HUD requirements.

e.

Occupancy and payment

1.

Payment for occupied unit
During the term of the HAP contract, the PHA shall make housing assistance
payments to the owner for the months during which a contract unit is leased to
and occupied by an eligible family. If an assisted family moves out of a contract
unit, the owner may keep the housing assistance payment for the calendar month
when the family moves out (“move-out month”). However, the owner may not
keep the payment if the PHA determines that the vacancy is the owner’s fault.

2.

Vacancy payment

THE PHA HAS DISCRETION WHETHER TO INCLUDE THE VACANCY
PAYMENT PROVISION (PARAGRAPH e.2), OR TO STRIKE THIS PROVISION
FROM THE HAP CONTRACT FORM.
a.

If an assisted family moves out of a contract unit, the PHA may provide vacancy

Previous editions are obsolete

Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 3 of Part 1

payments to the owner for a PHA-determined vacancy period extending from the
beginning of the first calendar month after the move-out month for a period not
exceeding two full months following the move-out month.
b.

The vacancy payment to the owner for each month of the maximum two-month
period will be determined by the PHA, and cannot exceed the monthly rent to
owner under the assisted lease, minus any portion of the rental payment received
by the owner (including amounts available from the tenant’s security deposit).
Any vacancy payment may only cover the period the unit remains vacant.

c.

The PHA may only make vacancy payments to the owner if:
1.

The owner gives the PHA prompt, written notice certifying that the family
has vacated the unit and the date when the family moved out (to the best
of the owner’s knowledge and belief);

2.

The owner certifies that the vacancy is not the fault of the owner and that
the unit was vacant during the period for which payment is claimed;

3.

The owner certifies that it has taken every reasonable action to minimize
the likelihood and length of vacancy; and

4.

The owner provides any additional information required and requested by
the PHA to verify that the owner is entitled to the vacancy payment.

d.

The PHA must take every reasonable action to minimize the likelihood and length
of vacancy.

e.

The owner may refer families to the PHA, and recommend selection of such
families from the PHA waiting list for occupancy of vacant units.

f.

The owner must submit a request for vacancy payments in the form and manner
required by the PHA and must provide any information or substantiation required
by the PHA to determine the amount of any vacancy payments.

3.

PHA is not responsible for family damage or debt to owner
Except as provided in this paragraph e (Occupancy and Payment), the PHA will
not make any other payment to the owner under the HAP contract. The PHA will
not make any payment to owner for any damages to the unit, or for any other

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Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 4 of Part 1

amounts owed by a family under the family's lease.
f. Income-mix

ing requirement

1.

Except as provided in paragraphs f.2 and 3, the PHA will not make housing
assistance payments under the HAP contract for more than 25 percent of the total
number of dwelling units (assisted or unassisted) in any project. The term
“project” means a single building, multiple contiguous buildings, or multiple
buildings on contiguous parcels of land assisted under this HAP contract.

2.

The limitation in paragraph f.1 does not apply to single-family buildings.

3.

In referring eligible families to the owner for admission to the number of contract
units in any project exceeding the 25 percent limitation under paragraph f.1, the
PHA shall give preference to elderly or disabled families, or to families receiving
supportive services, for the number of contract units designated for occupancy by
such families. The owner shall rent the designated number of contract units to
such families referred by the PHA from the PHA waiting list.

4.

The PHA and owner must comply with all HUD requirements regarding income
mixing.

5.

The following specifies the number of contract units (if any):

□

a.

Designated for occupancy by disabled families;

b

Designated for occupancy by elderly families;

c.

Designated for occupancy by elderly or disabled families; or

d.

Designated for occupancy by families receiving supportive services.

Check this box if any contract units are designated for disabled families.
The following number of contract units shall be rented to disabled
families: ___________________________________________.

Previous editions are obsolete

Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 5 of Part 1

□

Check this box if any contract units are designated for elderly families.
The following number of contract units shall be rented to elderly families:
___________________________________________.

□

Check this box if any contract units are designated for elderly or disabled
families.
The following number of contract units shall be rented to elderly or disabled
families:
___________________________________________.

□

Check this box if any contract units are designated for families receiving
supportive services.
The following number of contract units shall be rented to families
receiving supportive services: _____________________________.

Previous editions are obsolete

Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 6 of Part 1

EXECUTION OF HAP CONTRACT FOR EXISTING HOUSING

PUBLIC HOUSING AGENCY (PHA)
Name of PHA (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

Previous editions are obsolete

Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 7 of Part 1