HUD-52642 Manufactured Home Space Rental

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

OMB Approval No. 2577-0169
(Exp. xx/xx/20xx)

OMB Burden Statement: The public reporting burden for this information collection is estimated to be up to 0.5 hours, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This
collection of information is required for participation in the housing choice voucher program. The form establishes the terms between a private market
owner and a PHA for participating in the program, including whether the tenant or owner pays for utilities and services. Assurances of confidentiality are
not provided under this collection. Send comments regarding this burden estimate or any other aspect of this collection of information, including
suggestions to reduce this burden, to the Office of Public and Indian Housing, US. Department of Housing and Urban Development, Washington, DC
20410. HUD may not conduct and sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid
control number.
Privacy Notice: The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form by 24 CFR
982.623. The form establishes the agreement to pay housing assistance and specifies which utilities and appliance are to be supplied by the tenant and
owner. The Personally Identifiable Information (PII) data collected on this form are not stored or retrieved within a system of record.

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 lo w-income
family under the housing choice voucher program (voucher
program) of the U .S. Department of Housing and Urban
Development (HUD).

Section by section instructions

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 programs 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

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 h ousehold 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 in itial le ase te rm if the P HA
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

Use of this HAP contract is required by HUD. Modification of the
HAP contract is not permitted. The HAP contract must be wordfor-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 tee
manufactured home space owner and the PHA.

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 12

form HUD-52642 (9/2022)

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:

6.

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.

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.

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form HUD-52642 (9/2022)

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)

I/We, the undersigned, certify under penalty of perjury that the information provided above is true and correct. WARNING: Anyone who knowingly
submits a false claim or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and
Signatures: administrative penalties. (18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §3729, 3802).

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 12

form HUD-52642(9/2022)

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 t o help the family pay rent for the
manufactured home space (space) described in Part A of the
HAP co ntract with m onthly 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 w ith 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 o f 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 s pace that includes all p rovisions of the tenancy
addendum.
(2) The lease is in a standard form that is used in the
locality by the owner for rental of am anufactured
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 n ecessary to ensure that the unit is in acco rdance 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 o f 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 s pace, 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 P HA may terminate the HAP co ntract if the P HA
determines, in accordance wi th HUD requirements, t hat
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 ad equate space in acco rdance 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 t o owner for the
space may a t no time exceed the reasonable rent as most
recently determined or redetermined by the PHA in accordance with HUD requirements.

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form HUD-52642 (9/2022)

b. The PHA must determine whether the rent to owner is reasonable in comparison to rent for other comparable una ssisted
spaces. To make this determination, the PHA must consider:

(1) The location and size of the space,
(2) Any ut ilities 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 o n 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 th e te rm o f th e H AP contract, th e P HA 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 P HA 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 a mount of the monthly PHA housing a ssistance
payment to the owner shall be determined by the

PHA in accordance with HUD requirements f or a
manufactured home space tenancy under the voucher
program.
(2) The amount of the PHA housing assistance payment is
subject to change d uring the HAP contract t erm i n
accordance with H UD 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 p ayments t o the o wner in accordance with
the HAP contract and HUD requirements for a
manufactured home s pace 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 P HA 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 o wner 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 t he
HQS, including trash collection and facilities for
disposal of waste and refuse.
b. The s pace is leased to the tenant. The lease includes the
tenancy ad dendum for manufactured home space rental
(Part C of the HAP contract), and is in accordance with the
HAP contract and program requirements. The owner ha s
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 th he
manufactured home park.
d. Except for the rent to owner, the o wner has not received
and will not receive any payments or ot her c onsideration
(from the family, the P HA, HUD, or any ot her public or
private s ource) for rental of h he 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 (09/2022)

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 i s 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 (including sexual
orie
orientation and gender identity), national origin, age,
familial status, or disability in connection with the HAP
contract.
b. The owner must cooperate with the PHA a nd HUD i n
conducting equal opportunity compliance reviews and
complaint investigations in connection with the HAP
contract.
10. Owner’s Breach of HAP Contract
a. Any of t he 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 a ny
other houing a ssistance 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 ot her corrupt or
criminal act in connection with the mort-gage 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 t o take corrective act ion, as verified o r
determined by the P HA, b y a deadline prescribed in the
notice.
c. The P HA’s rights and remedies for owner breach o f the
HAP contract include recovery of overpayments,
suspension of housing a ssistance 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 e xercise t hat or any other right o r remedy at any
time.
11. PHA and HUD Access to Premises and Owner’s Records
a. The owner must provide any information pertinent t o 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 t o
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 an y co mputers, 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 t he HAP contract. The family may not en force
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 o r remedy against the o wner under the
tenancy addendum.
c. The PHA does not assume any responsibility for injury to,
or any liability to , any p erson injured as a result of th e
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 o f any other act ion o r failure t o act b y the
owner.
d. The owner is not the a gent of the PHA, and the HAP
contract does not create or affect any relationship between
the P HA 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 ne ntity who i s a
member of any of the following classes:
(1) Any present or former member or officer of the PHA
(except a P HA co mmissioner who is a participant i n
the program);

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form HUD-52642 (9/2022)

(2) Any employee of the P HA, 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 c ontract, 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.

approving the a ssignment, not withstanding s uch 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 a ssistance
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 tenant-based
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;

g. No member of or delegate to the Congress of t he United
States or resident commissioner s hall b e a dmitted to a ny
share or part of the HAP contract or to any benefits which
may arise from it.

(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;

14. Assignment of the HAP Contract
a. The owner may not as sign the HAP contract to a new
owner without the prior written consent of the PHA.

(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

b. If t he owner requests PHA consent to a ssign the HAP
contract to a new owner, the owner shall supply any
information as required by the PHA p ertinent 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 Fe der al gover nme n t has institute d a n
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

(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 p aid State or local real estate taxes, fines or
assessments.
g. The ne w o wner must a gree to be bound by and c omply
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 P HA or the owner in
connection with this contract must be in writing.
16. Entire Agreement; Interpretation
a. The HAP contract co ntains the en tire 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
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form HUD-52642 (9/2022)

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 p rogram ( voucher program) of the United S tates
Department of H ousing 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 th he HAP co ntract, 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 o f the lease are in
accordance with all provisions o f the H AP co ntract, 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 as sistance
under the voucher program.
b. The composition of the household must be approved by the
PHA. The family must promptly inform the P HA o f 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 P HA-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 ap proved by the P HA in accordance with H UD
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 r easonable r ent for t he s pace as most r ecently
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 i n
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 l ease. The owner may not
terminate the tenancy for nonpayment of the PHA housing
assistance payment.
e. The owner may not charge o r 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 th e
space includes owner management and maintenance
charges for the space, and o wner-paid utilities. H owever,
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 pr ovided b y the owner. Nonpayment of any
such charges is not grounds for termination of tenancy.
c. The o wner may not charge the tenant extra a mounts for
items customarily included in rent to owner in the locality,
or provided at no additional cost to unsubsidized tenants in
the premises.

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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 H QS, 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 m aintenance 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.
d. 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, o r local law that imposes
obligations on the tenant in connection with the
occupancy or use o f the s pace and the manufactured
home park;
(3) Criminal activity or alcohol abuse (as provided i n
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 cr iminal activity that threatens the health o r
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 cr iminal 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 a ctivity on or near te
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 a void prosecution, or custody or
confinement after conviction, for a crime, or
attempt to commit a crime, that is a felony under
the la ws 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 l ease 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 h ome p ark, t he
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 o wner must give the P HA a c opy o f a ny o wner
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.

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9. Protections for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking.
a. Purpose: This section incorporates the protections for
victims of domestic violence, dating violence, sexual
assault, or stalking in accordance with subtitle N of the
Violence Against Women Act of 1994, as amended
(codified as amended at 42 U.S.C. 14043e et seq.)
(VAWA) and implementing regulations at 24 CFR part
5, subpart L.
b. Conflict with other Provisions: In the event of any
conflict between this provision and any other provisions
included in Part C of the HAP contract, this provision
shall prevail.
c. Effect on Other Protections: Nothing in this section
shall be construed to supersede any provision of any
Federal, State, or local law that provides greater
protection than this section for victims of domestic
violence, dating violence, sexual assault, or stalking.
d. Definition: As used in this Section, the terms “actual
and imminent threat,” “affiliated individual”,
“bifurcate”, “dating violence,” “domestic violence,”
“sexual assault,” and “stalking” are defined in HUD’s
regulations at 24 CFR part 5, subpart L. The terms
“Household” and “Other Person Under the Tenant’s
Control” are defined at 24 CFR part 5, subpart A.
e. VAWA Notice and Certification Form: The PHA
shall provide the tenant with the “Notice of Occupancy
Rights under VAWA and the certification form
described under 24 CFR 5.2005(a)(1) and (2).
f. Protection for victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking:
(1) The landlord or the PHA will not deny admission
to, deny assistance under, terminate from
participation in, or evict the Tenant on the basis
of or as a direct result of the fact that the Tenant
is or has been a victim of domestic violence,
dating violence, sexual assault, or stalking, if the
Tenant otherwise qualifies for admission,
assistance, participation, or occupancy. 24 CFR
5.2005(b)(1).
(2) The tenant shall not be denied tenancy or
occupancy rights solely on the basis of criminal
activity engaged in by a member of the Tenant’s
Household or any guest or Other Person Under
the Tenant’s Control, if the criminal activity is
directly related to domestic violence, dating
violence, sexual assault, or stalking, and the
Tenant or an Affiliated Individual of the Tenant
is the victim or the threatened victim of domestic
violence, dating violence, sexual assault, or
stalking. 24 CFR 5.2005(b)(2).
(3) An incident or incidents of actual or threatened
domestic violence, dating violence, sexual assault
or stalking will not be construed as serious or
repeated violations of the lease by the victim or
threatened victim of the incident. Nor shall it not
be construed as other “good cause” for termination
of the lease, tenancy, or occupancy rights of such
a victim or threatened victim. 24 CFR
5.2005(c)(1) and (c)(2).
g. Compliance with Court Orders: Nothing in this
Addendum will limit the authority of the landlord, when
notified by a court order, to comply with the court order
with respect to the rights of access or control of property
(including civil protection orders issued to protect a
victim of domestic violence, dating violence, sexual
assault, or stalking) or with respect to the distribution or
possession of property among members of the Tenant’s
Household. 24 CFR 5.2005(d)(1).

h.

Violations Not Premised on Domestic Violence,
Dating Violence, Sexual Assault, or Stalking:
Nothing in this section shall be construed to limit any
otherwise available authority of the Landlord to evict or
the public housing authority to terminate the assistance
of a Tenant for any violation not premised on an act of
domestic violence, dating violence, sexual assault, or
stalking that is in question against the Tenant or an
Affiliated Individual of the Tenant. However, the
Landlord or the PHA will not subject the tenant, who is
or has been a victim of domestic violence, dating
violence, sexual assault, or stalking, to a more
demanding standard than other tenants in determining
whether to evict or terminate assistance. 24 CFR
5.2005(d)(2).
i. Actual and Imminent Threats:
(1) Nothing in this section will be construed to limit the
authority of the Landlord to evict the Tenant if the
Landlord can demonstrate that an “actual and
imminent threat” to other tenants or those employed
at or providing service to the property would be
present if the Tenant or lawful occupant is not evicted.
In this context, words, gestures, actions, or other
indicators will be construed as an actual and imminent
threat if they meet the following standards for an
actual and imminent threat: “Actual and imminent
threat” refers to a physical danger that is real, would
occur within an immediate time frame, and could
result in death or serious bodily harm. In determining
whether an individual would pose an actual and
imminent threat, the factors to be considered include:
the duration of the risk, the nature and severity of the
potential harm, the likelihood that the potential harm
will occur, and the length of time before the potential
harm would occur. 24 CFR 5.2005(d)(3).
(2) If an actual and imminent threat is demonstrated,
eviction should be used only when there are no other
actions that could be taken to reduce or eliminate the
threat, including, but not limited to, transferring the
victim to a different unit, barring the perpetrator from
the property, contacting law enforcement to increase
police presence, developing other plans to keep the
property safe, or seeking other legal remedies to
prevent the perpetrator from acting on a threat.
Restrictions predicated on public safety cannot be
based on stereotypes, but must be tailored to
particularized concerns about individual residents. 24
CFR 5.2005(d)(4).
j. Emergency Transfer: A tenant who is a victim of domestic
violence, dating violence, sexual assault, or stalking may
request an emergency transfer in accordance with the PHA’s
emergency transfer plan. 24 CFR 5.2005(e). The PHA’s
emergency transfer plan must be made available upon
request, and incorporate strict confidentiality measures to
ensure that the PHA does not disclose a tenant’s dwelling
unit location to a person who committed or threatened to
commit an act of domestic violence, dating violence, sexual
assault, or stalking against the tenant;

k.

For transfers in which the tenant would not be considered a
new applicant, the PHA must ensure that a request for an
emergency transfer receives, at a minimum, any applicable
additional priority that is already provided to other types of
emergency transfer requests. For transfers in which the
tenant would be considered a new applicant, the plan must
include policies for assisting a tenant with this transfer.
Bifurcation: Subject to any lease termination requirements
or procedures prescribed by Federal, State, or local law, if
any member of the Tenant’s Household engages in criminal
activity directly relating to domestic violence, dating

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violence, sexual assault, or stalking, the Landlord may
“bifurcate” the Lease, or remove that Household member
from the Lease, without regard to whether that Household
member is a signatory to the Lease, in order to evict, remove,
or terminate the occupancy rights of that Household member
without evicting, removing, or otherwise penalizing the
victim of the criminal activity who is also a tenant or lawful
occupant. Such eviction, removal, termination of occupancy
rights, or termination of assistance shall be effected in
accordance with the procedures prescribed by Federal, State,
and local law for the termination of leases or assistance under
the housing choice voucher program. 24 CFR 5.2009(a).
If the Landlord bifurcates the Lease to evict, remove, or
terminate assistance to a household member, and that
household member is the sole tenant eligible to receive
assistance, the landlord shall provide any remaining tenants
or residents a period of 30 calendar days from the date of
bifurcation of the lease to:
(1) Establish eligibility for the same covered housing
program under which the evicted or terminated tenant
was the recipient of assistance at the time of bifurcation
of the lease;
(2) Establish eligibility under another covered housing
program; or
(3) Find alternative housing.
l. Family Break-up: If the family break-up results from an
occurrence of domestic violence, dating violence, sexual
assault, or stalking, the PHA must ensure that the victim
retains assistance. 24 CFR 982.315.
m. Move with Continued Assistance: The public housing
agency may not terminate assistance to a family or member
of the family that moves out of a unit in violation of the lease,
with or without prior notification to the public housing
agency if such a move occurred to protect the health or safety
of a family member who is or has been a victim of domestic
violence, dating violence, sexual assault, or stalking; and
who reasonably believed they were imminently threatened
by harm from further violence if they remained in the
dwelling unit, or if any family member has been the victim
of sexual assault that occurred on the premises during the 90calendar-day period preceding the family’s request to move.
(1) The move is needed to protect the health or safety of
the family or family member who is or has been a
victim of domestic violence dating violence, sexual
assault or stalking; and
The family or member of the family reasonably believes that he
or she was threatened with imminent harm from further violence
if he or she remained in the dwelling unit. However, any family
member that has been the victim of a sexual assault that occurred
on the premises during the 90-calendar day period preceding the
family’s move or request to move is not required to believe that
he or she was threatened with imminent harm from further
violence if he or she remained in the dwelling unit. 24 CFR
982.354
n. Confidentiality.
(1) The Landlord shall maintain in strict confidence any
information the Tenant (or someone acting on behalf of
the Tenant) submits to the Landlord concerning
incidents of domestic violence, dating violence, sexual
assault or stalking, including the fact that the tenant is a
victim of domestic violence, dating violence, sexual
assault, or stalking.
(2) The Landlord shall not allow any individual
administering assistance on its behalf, or any persons
within its employ, to have access to confidential
information unless explicitly authorized by the Landlord
for reasons that specifically call for these individuals to
have access to the information pursuant to applicable
Federal, State, or local law.

(3) The Landlord shall not enter confidential information
into any shared database or disclose such information to
any other entity or individual, except to the extent that
the disclosure is requested or consented to in writing by
the individual in a time-limited release; required for use
in an eviction proceeding; or is required by applicable
law.
10. Lease: Relation to HAP Contract. If the HAP
contract terminates for any reason, the lease terminates
automatically.
11. PHA Termination of Assistance. The P HA 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.
12. Family Move-Out. The tenant must notify the PHA
and the owner before the family moves out of the
space.
13. 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 a mounts
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.
14. 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 (including sexual orientation and gender
i identity), national origin, age, familial status or
disability in connection with the lease.
15. Conflict with Other Provisions of Lease
a. The terms of the tenancy addendum are prescribed
by HUD in accordance with Federal a award
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 H UD, 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.
16. 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 o f such changes.

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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.
17. Notices. Any notice under the lease by the tenant to the
owner or by the owner to the tenant must be in writing.
18. 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
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