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pdfOMB Approval No. 2577-0169
(exp. 04/30/2018)
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 2 OF HAP CONTRACT
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. Assurance of confidentiality are not provided under
this collection.
2.
DEFINITIONS
Contract units. The housing units covered by this HAP contract. The contract units are
described in Exhibit A.
Existing housing. Housing units that already exist on the proposal selection date and
that substantially comply with the housing quality standards on that date. The units must
fully comply with the housing quality standards before execution of the HAP contract.
Family. The persons approved by the PHA to reside in a contract unit with assistance
under the program.
HAP contract. This housing assistance payments contract between the PHA and the
owner. The contract consists of Part 1, Part 2, and the contract exhibits (listed in section
1.c of the HAP contract).
Housing assistance payment. The monthly assistance payment by the PHA for a
contract unit, which includes: (1) a payment to the owner for rent to the owner under the
family’s lease minus the tenant rent; and (2) an additional payment to or on behalf of the
family if the utility allowance exceeds total tenant payment.
Household. The family and any PHA-approved live-in aide.
Housing quality standards (HQS). The HUD minimum quality standards for dwelling
units occupied by families receiving project-based voucher program assistance.
Previous editions are obsolete
Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 1 of Part 2
(04/2015)
HUD. U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements which apply to the project-based voucher
program. HUD requirements are issued by HUD headquarters, as regulations, Federal
Register notices or other binding program directives.
Owner. Any person or entity who has the legal right to lease or sublease a unit to a
participant.
Premises. The building or complex in which a contract unit is located, including
common areas or grounds.
Principal or interested party. This term includes a management agent and other persons
or entities participating in project management, and the officers and principal members,
shareholders, investors, and other parties having a substantial interest in the HAP
contract, or in any proceeds or benefits arising from the HAP contract.
Program. The project-based voucher program (see authorization for project-based
assistance at 42 U.S.C. 1437f(o)(13)).
PHA. Public Housing Agency. The agency that has entered into the HAP contract with
the owner. The agency is a public housing agency as defined in the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(6)).
Proposal selection date. The date the PHA gives written notice of proposal selection to
the owner whose proposal is selected in accordance with the criteria established in the
PHA’s administrative plan.
Rent to owner. The total monthly rent payable to the owner under the lease for a
contract unit. Rent to owner includes payment for any housing services, maintenance and
utilities to be provided by the owner in accordance with the lease.
Tenant. The person or persons (other than a live-in aide) who executes the lease as a
lessee of the dwelling unit.
Tenant rent. The portion of the rent to owner payable by the family, as determined by
the PHA in accordance with HUD requirements. The PHA is not responsible for paying
any part of the tenant rent.
3.
a.
PURPOSE
This is a HAP contract between the PHA and the owner.
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Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 2 of Part 2
(04/2015)
b.
The purpose of the HAP contract is to provide housing assistance payments for
eligible families who lease contract units that comply with the HUD HQS from
the owner.
c.
The PHA must make housing assistance payments to the owner in accordance
with the HAP contract for contract units leased and occupied by eligible families
during the HAP contract term. HUD provides funds to the PHA to make housing
assistance payments to owners for eligible families.
4.
a.
RENT TO OWNER; HOUSING ASSISTANCE PAYMENTS
Amount of initial rent to owner
The initial rent to owner for each contract unit is stated in Exhibit A, which is
attached to and made a part of the HAP contract. At the beginning of the HAP
contract term, and until rent to owner is adjusted in accordance with section 5 of
the HAP contract, the rent to owner for each bedroom size (number of bedrooms)
shall be the initial rent to owner amount listed in Exhibit A.
b.
HUD rent requirements
Notwithstanding any other provision of the HAP contract, the rent to owner may
in no event exceed the amount authorized in accordance with HUD requirements.
The PHA has the right to reduce the rent to owner, at any time, to correct any
errors in establishing or adjusting the rent to owner in accordance with HUD
requirements. The PHA may recover any overpayment from the owner.
c.
PHA payment to owner
1.
Each month the PHA must make a housing assistance payment to the
owner for a unit under lease to and occupied by an eligible family in
accordance with the HAP contract.
2.
The monthly housing assistance payment to the owner for a contract unit
is equal to the amount by which the rent to owner exceeds the tenant rent.
3.
Payment of the tenant rent is the responsibility of the family. The PHA is
not responsible for paying any part of the tenant rent, or for paying any
other claim by the owner against a family. The PHA is only responsible
for making housing assistance payments to the owner on behalf of a
family in accordance with the HAP contract.
Previous editions are obsolete
Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 3 of Part 2
(04/2015)
d.
4.
The owner will be paid the housing assistance payment under the HAP
contract on or about the first day of the month for which payment is due,
unless the owner and the PHA agree on a later date.
5.
To receive housing assistance payments in accordance with the HAP
contract, the owner must comply with all the provisions of the HAP
contract. Unless the owner complies with all the provisions of the HAP
contract, the owner does not have a right to receive housing assistance
payments.
6.
If the PHA determines that the owner is not entitled to the 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 housing assistance payments contract.
7.
The owner will notify the PHA promptly of any change of circumstances
that would affect the amount of the monthly housing assistance payment,
and will return any payment that does not conform to the changed
circumstances.
Termination of assistance for family
The PHA may terminate housing assistance for a family under the HAP contract
in accordance with HUD requirements. The PHA must notify the owner in writing
of its decision to terminate housing assistance for the family in such case.
5.
a.
ADJUSTMENT OF RENT TO OWNER
PHA determination of adjusted rent
1.
At each annual anniversary during the term of the HAP contract, the PHA
shall adjust the amount of rent to owner, upon request to the PHA by the
owner, in accordance with law and HUD requirements. In addition, the
PHA shall adjust the rent to owner when there is a five percent or greater
decrease in the published, applicable Fair Market Rent in accordance with
24 CFR 983.302.
2.
The adjustment of rent to owner shall always be determined in accordance
with all HUD requirements. The amount of the rent to owner may be
adjusted up or down, in the amount defined by the PHA in accordance
with HUD requirements.
Previous editions are obsolete
Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 4 of Part 2
(04/2015)
b. Reasonable
rent
The rent to owner for each contract unit, as adjusted by the PHA in accordance
with 24 CFR 983.303, may at no time exceed the reasonable rent charged for
comparable units in the private unassisted market. The reasonable rent shall be
determined by the PHA in accordance with HUD requirements.
c.
No special adjustments
The PHA will not make any special adjustments of the rent to owner.
d.
Owner compliance with HAP contract
The PHA shall not approve, and the owner shall not receive, any increase of rent
to owner unless all contract units are in accordance with the HQS, and the owner
has complied with the terms of the assisted leases and the HAP contract.
e.
Notice of rent adjustment
Rent to owner shall be adjusted by written notice by the PHA to the owner in
accordance with this section. Such notice constitutes an amendment of the rents
specified in Exhibit A.
6.
OWNER RESPONSIBILITY
The owner is responsible for:
a.
Performing all management and rental functions for the contract units.
b.
Maintaining the units in accordance with HQS.
c.
Complying with equal opportunity requirements.
d.
Enforcing tenant obligations under the lease.
e.
Paying for utilities and housing services (unless paid by the family under the
lease).
f.
Collecting from the tenant:
1.
Any security deposit;
Previous editions are obsolete
Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 5 of Part 2
(04/2015)
2.
The tenant rent; and
3.
Any charge for unit damage by the family.
7.
OWNER CERTIFICATION
The owner certifies that at all times during the term of the HAP contract:
a.
All contract units are in good and tenantable condition. The owner is maintaining
the premises and all contract units in accordance with the HQS.
b.
The owner is providing all the services, maintenance and utilities as agreed to
under the HAP contract and the leases with assisted families.
c.
Each contract unit for which the owner is receiving housing assistance payments
is leased to an eligible family referred by the PHA, and the lease is in accordance
with the HAP contract and HUD requirements.
d.
To the best of the owner’s knowledge, the members of the family reside in each
contract unit for which the owner is receiving housing assistance payments, and
the unit is the family’s only residence.
e.
The owner (including a principal or other interested party) is not the parent, child,
grandparent, grandchild, sister, or brother of any member of a family residing in a
contract unit.
f.
The amount of the housing assistance payment is the correct amount due under
the HAP contract.
g.
The rent to owner for each contract unit does not exceed rents charged by the
owner for other comparable unassisted units.
h.
Except for the housing assistance payment and the tenant rent as provided under
the HAP contract, 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.
i.
The family does not own, or have any interest in the contract unit. If the owner is
a cooperative, the family may be a member of the cooperative.
Previous editions are obsolete
Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 6 of Part 2
(04/2015)
8.
a.
CONDITION OF UNITS
Owner maintenance and operation
The owner must maintain and operate the contract units and premises to provide
decent, safe and sanitary housing in accordance with the HQS, including
performance of ordinary and extraordinary maintenance. The owner must provide
all the services, maintenance and utilities set forth in Exhibits B and C, and in the
lease with each assisted family.
b.
c.
PHA inspections
1.
The PHA must inspect each contract unit before execution of the HAP
contract. The PHA may not enter into a HAP contract covering a unit
until the unit fully complies with the HQS.
2.
Before providing assistance to a new family in a contract unit, the PHA
must inspect the unit. The PHA may not provide assistance on behalf of
the family until the unit fully complies with the HQS.
3.
At least annually during the term of the HAP contract, the PHA must
inspect a random sample, consisting of at least 20 percent of the contract
units in each building, to determine if the contract units and the premises
are maintained in accordance with the HQS. Turnover inspections
pursuant to paragraph 2 of this section are not counted towards meeting
this annual inspection requirement.
4.
If more than 20 percent of the annual sample of inspected contract units in
a building fail the initial inspection, the PHA must reinspect 100 percent
of the contract units in the building.
5.
The PHA must inspect contract units whenever needed to determine that
the contract units comply with the HQS and that the owner is providing
maintenance, utilities, and other services in accordance with the HAP
contract. The PHA must take into account complaints and any other
information that comes to its attention in scheduling inspections.
Violation of the housing quality standards
1.
If the PHA determines a contract unit is not in accordance with the HQS,
the PHA may exercise any of its remedies under the HAP contract for all
Previous editions are obsolete
Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 7 of Part 2
(04/2015)
or any contract units. Such remedies include termination, suspension or
reduction of housing assistance payments, and termination of the HAP
contract.
d.
2.
The PHA may exercise any such contractual remedy respecting a contract
unit even if the family continues to occupy the unit.
3.
The PHA shall not make any housing assistance for a dwelling unit that
fails to meet the HQS, unless the owner corrects the defect within the
period specified by the PHA and the PHA verifies the correction. If a
defect is life threatening, the owner must correct the defect within no more
than 24 hours. For other defects, the owner must correct the defect within
no more than 30 calendar days (or any PHA-approved extension).
Maintenance and replacement—owner’s standard practice
Maintenance and replacement (including redecoration) must be in accordance
with the standard practice for the building concerned as established by the owner.
9.
a.
LEASING CONTRACT UNITS
Selection of tenants
1.
During the term of the HAP contract, the owner must lease all contract
units to eligible families selected and referred by the PHA from the PHA
waiting list. (See 24 CFR 983.251.)
2.
The owner is responsible for adopting written tenant selection procedures
that are consistent with the purpose of improving housing opportunities for
very low-income families and reasonably related to program eligibility
and an applicant’s ability to perform the lease obligations.
3.
Consistent with HUD requirements, the owner may apply its own
admission procedures in determining whether to admit a family referred
by the PHA for occupancy of a contract unit. The owner may refer
families to the PHA, and recommend selection of such families from the
PHA waiting list for occupancy of vacant units.
4.
The owner must promptly notify in writing any rejected applicant of the
grounds for rejection.
5.
The PHA must determine family eligibility in accordance with HUD
Previous editions are obsolete
Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 8 of Part 2
(04/2015)
requirements.
b.
6.
The contract unit leased to each family must be appropriate for the size of
the family under the PHA’s subsidy standards.
7.
If a contract unit was occupied by an eligible family at the time the unit
was selected by the PHA, or is so occupied on the effective date of the
HAP contract, the owner must offer the family the opportunity to lease the
same or another appropriately-sized contract unit with assistance under the
HAP contract.
8.
The owner is responsible for screening and selecting tenants from the
families referred by the PHA from its waiting list.
Vacancies
1.
The owner must promptly notify the PHA of any vacancy in a contract
unit. After receiving the owner notice, the PHA shall make every
reasonable effort to refer a sufficient number of families for owner to fill
the vacancy.
2.
The owner must rent vacant contract units to eligible families on the PHA
waiting list referred by the PHA.
3.
The PHA and the owner must make reasonable good faith efforts to
minimize the likelihood and length of any vacancy.
4.
If any contract units have been vacant for a period of 120 or more days
since owner notice of vacancy (and notwithstanding the reasonable good
faith efforts of the PHA to fill such vacancies), the PHA may give notice
to the owner amending the HAP contract to reduce the number of contract
units by subtracting the number of contract units (by number of bedrooms)
that have been vacant for such period.
10. TENANCY
a. Lease
The lease between the owner and each assisted family must be in accordance with
HUD requirements. In all cases, the lease must include the HUD-required tenancy
addendum. The tenancy addendum must include, word-for-word, all provisions
required by HUD.
Previous editions are obsolete
Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 9 of Part 2
(04/2015)
b.
c.
d.
Termination of tenancy
1.
The owner may only terminate a tenancy in accordance with the lease and
HUD requirements.
2.
The owner must give the PHA a copy of any owner eviction notice to the
tenant at the same time that the owner gives notice to the tenant. Owner
eviction notice means a notice to vacate, or a complaint or other initial
pleading used to commence an eviction action under State or local law.
Family payment
1.
The portion of the monthly rent to owner payable by the family (“tenant
rent”) will be determined by the PHA in accordance with HUD
requirements. The amount of the tenant rent is subject to change during
the term of the HAP contract. Any changes in the amount of the tenant
rent will be effective on the date stated in a notice by the PHA to the
family and the owner.
2.
The amount of the tenant rent as determined by the PHA is the maximum
amount the owner may charge the family for rent of a contract unit,
including all housing services, maintenance and utilities to be provided by
the owner in accordance with the HAP contract and the lease.
3.
The owner may not demand or accept any rent payment from the tenant in
excess of the tenant rent as determined by the PHA. The owner must
immediately return any excess rent payment to the tenant.
4.
The family is not responsible for payment of the portion of the contract
rent covered by the housing assistance payment under the HAP contract.
The owner may not terminate the tenancy of an assisted family for
nonpayment of the PHA housing assistance payment.
5.
The PHA is only responsible for making the housing assistance payments
to the owner on behalf of the family in accordance with the HAP contract.
The PHA is not responsible for paying the tenant rent, or any other claim
by the owner.
Other owner charges
1.
Except as provided in paragraph 2, the owner may not require the tenant or
Previous editions are obsolete
Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 10 of Part 2
(04/2015)
family members to pay charges for meals or supportive services.
Nonpayment of such charges is not grounds for termination of tenancy.
e.
2.
In assisted living developments receiving project-based voucher
assistance, owners may charge tenants, family members, or both for meals
or supportive services. These charges may not be included in the rent to
owner, nor may the value of meals and supportive services be included in
the calculation of reasonable rent. Non-payment of such charges is
grounds for termination of the lease by the owner in an assisted living
development.
3.
The owner may not charge the tenant or family members extra amounts
for items customarily included in rent in the locality or provided at no
additional cost to the unsubsidized tenant in the premises.
Security deposit
1.
The owner may collect a security deposit from the family.
2.
The owner must comply with HUD and PHA requirements, which may
change from time to time, regarding security deposits from a tenant.
3.
The PHA may prohibit security deposits in excess of private market
practice, or in excess of amounts charged by the owner to unassisted
families.
4.
When the family moves out of the contract unit, the owner, subject to
State and local law, may use the security deposit, including any interest on
the deposit, in accordance with the lease, as reimbursement for any unpaid
tenant rent, damages to the unit or other amounts which the family owes
under the lease. The owner must give the family a written list of all items
charged against the security deposit and the amount of each item. After
deducting the amount used as reimbursement to the owner, the owner must
promptly refund the full amount of the balance to the family.
5.
If the security deposit is not sufficient to cover amounts the family owes
under the lease, the owner may seek to collect the balance from the family.
However, the PHA has no liability or responsibility for payment of any
amount owed by the family to the owner.
Previous editions are obsolete
Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 11 of Part 2
(04/2015)
11.
a.
FAMILY RIGHT TO MOVE
The family may terminate its lease at any time after the first year of occupancy.
The family must give the owner advance written notice of intent to vacate (with
a copy to the PHA) in accordance with the lease. If the family has elected to
terminate the lease in this manner, the PHA must offer the family the
opportunity for tenant-based rental assistance in accordance with HUD
requirements.
b.
Before providing notice to terminate the lease under paragraph a, the family
must first contact the PHA to request tenant-based rental assistance if the family
wishes to move with continued assistance. If tenant-based rental assistance is
not immediately available upon lease termination, the PHA shall give the family
priority to receive the next available opportunity for tenant-based rental
assistance.
12. OVERCROWDED,
UNDER-OCCUPIED, AND ACCESSIBLE UNITS
The PHA subsidy standards determine the appropriate unit size for the family size and
composition. The PHA and owner must comply with the requirements in 24 CFR
983.259.
13.
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
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Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 12 of Part 2
(04/2015)
amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964–
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.
14.
PHA DEFAULT AND HUD REMEDIES
If HUD determines that the PHA has failed to comply with the HAP contract, or has
failed to take appropriate action to HUD’s satisfaction or as directed by HUD, for
enforcement of the PHA’s rights under the HAP contract, HUD may assume the PHA’s
rights and obligations under the HAP contract, and may perform the obligations and
enforce the rights of the PHA under the HAP contract.
15.
OWNER DEFAULT AND PHA REMEDIES
a.
Owner default
Any of the following is a default by the owner under the HAP contract:
1.
The owner has failed to comply with any obligation under the HAP
contract, including the owner’s obligations to maintain all contract units in
accordance with the housing quality standards.
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 HAP contract.
4.
The owner has committed fraud, bribery or any other corrupt or criminal
act in connection with any Federal housing assistance program.
Previous editions are obsolete
Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 13 of Part 2
(04/2015)
5.
6.
b.
c.
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:
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 HAP contract.
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 HAP contract include recovery
of overpayments, termination or reduction of housing assistance payments,
and termination of the HAP contract.
PHA remedy is not waived
The PHA’s exercise or non-exercise of any remedy for owner breach of the HAP
contract is not a waiver of the right to exercise that remedy or any other right or
remedy at any time.
16.
OWNER DUTY
PROVIDE
REQUIRED
BY TO
HUD
OR PHA INFORMATION AND ACCESS
a. Required
information
The owner must prepare and furnish any information pertinent to the HAP
contract as may reasonably be required from time to time by the PHA or HUD.
The owner shall furnish such information in the form and manner required by the
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Project-based Voucher Program
HAP Contract for Existing Housing
HUD 52530B Page - 14 of Part 2
(04/2015)
PHA or HUD.
b.
PHA and HUD access to premises
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 HAP contract, including the verification of information pertinent to the
housing assistance payments or the HAP contract.
17.
a.
PHA AND OWNER RELATION TO THIRD PARTIES
Injury because of owner action or failure to act
The PHA has no responsibility for or liability to any person injured as a result of
the owner’s action or failure to act in connection with the implementation of the
HAP contract, or as a result of any other action or failure to act by the owner.
b. Legal
relationship
The owner is not the agent of the PHA. 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 the implementation of the HAP contract.
c.
Exclusion of third party claims
Nothing in the HAP contract shall be construed as creating any right of a family
or other third party (other than HUD) to enforce any provision of the HAP
contract, or to assert any claim against HUD, the PHA or the owner under the
HAP contract.
d.
Exclusion of owner claims against HUD
Nothing in the HAP contract shall be construed as creating any right of the owner
to assert any claim against HUD.
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HAP Contract for Existing Housing
HUD 52530B Page - 15 of Part 2
(04/2015)
18.
PHA-OWNED UNITS
Notwithstanding Section 17 of this HAP contract, 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.
19.
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, or in
the 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
HAP contract. The owner must fully and promptly update such disclosures.
c.
Interest of member of or delegate to Congress
No member of or delegate to the Congress of the United States of America or
resident-commissioner shall be admitted to any share or part of this HAP Contract
or to any benefits arising from the contract.
20.
EXCLUSION FROM FEDERAL PROGRAMS
a. Federal
requirements
The owner must comply with and is subject to requirements of 2 CFR part 2424.
b. Disclosure
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The owner certifies that:
21.
a.
3.
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.
TRANSFER OF THE CONTRACT OR PROPERTY
When consent is required
1.
The owner agrees that neither the HAP contract nor the property may be
transferred without the advance written consent of the PHA in accordance
with HUD requirements.
2.
“Transfer” includes:
A.
Any sale or assignment or other transfer of ownership, in any form,
of the HAP contract or the property;
B.
The transfer of any right to receive housing assistance payments
that may be payable pursuant to the HAP contract;
C.
The creation of a security interest in the HAP contract or the
property;
D.
Foreclosure or other execution on a security interest; or
E.
A creditor’s lien, or transfer in bankruptcy.
If the owner is a corporation, partnership, trust or joint venture, the owner is not
required to obtain advance consent of the PHA pursuant to paragraph a for
transfer of a passive and non-controlling interest in the ownership entity (such as
a stock transfer or transfer of the interest of a limited partner), if any interests so
transferred cumulatively represent less than half the beneficial interest in the HAP
contract or the property. The owner must obtain advance consent pursuant to
paragraph a for transfer of any interest of a general partner.
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b
Transferee assumption of HAP contract
No transferee (including the holder of a security interest, the security holder’s
transferee or successor in interest, or the transferee upon exercise of a security
interest) shall have any right to receive any payment of housing assistance
payments pursuant to the HAP contract, or to exercise any rights or remedies
under the HAP contract, unless the PHA has consented in advance, in writing to
such transfer, and the transferee has agreed in writing, in a form acceptable to the
PHA in accordance with HUD requirements, to assume the obligations of the
owner under the HAP contract, and to comply with all the terms of the HAP
contract.
c.
d.
Effect of consent to transfer
1.
The creation or transfer of any security interest in the HAP contract is
limited to amounts payable under the HAP contract in accordance with the
terms of the HAP contract.
2.
The PHA’s consent to transfer of the HAP contract or the property does
not to change the terms of the HAP contract in any way, and does not
change the rights or obligations of the PHA or the owner under the HAP
contract.
3.
The PHA’s consent to transfer of the HAP contract or the property to any
transferee does not constitute consent to any further transfers of the HAP
contract or the property, including further transfers to any successors or
assigns of an approved transferee.
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.
22.subsidy
SUBSIlayering
DY LAYERING
A
review is not required for existing housing projects.
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23.
a.
OWNER LOBBYING CERTIFICATIONS
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 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 HAP contract, the owner must complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
b.
This certification by the owner is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. 1352.
24.
TERMINATION OF HAP CONTRACT FOR WRONGFUL SELECTION
OF CONTRACT UNITS
The 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.
25.
NOTICES AND OWNER CERTIFICATIONS
a.
Where the owner is required to give any notice to the PHA pursuant to the HAP
contract or any other provision of law, such notice must be in writing and must be
given in the form and manner required by the PHA.
b.
Any certification or warranty by the owner pursuant to the HAP contract shall be
deemed a material representation of fact upon which reliance was placed when
this transaction was made or entered into.
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26.
a.
ENTIRE AGREEMENT; INTERPRETATION
The HAP contract, including the exhibits, is the entire agreement between the
PHA and the owner.
b.
The HAP contract must be interpreted and implemented in accordance with all
statutory requirements, and with all HUD requirements, including amendments or
changes in HUD requirements during the term of the HAP contract. The owner
agrees to comply with all such laws and HUD requirements.
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| File Type | application/pdf |
| File Modified | 2015-04-27 |
| File Created | 2011-02-06 |