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3/10/2021 <br />Electronic Code of Federal Regulations (eCFR) <br />housing program", as defined in 24 CFR 5.2003, the agreement may provide that the owner's <br />obligations under 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, <br />Dating Violence, Sexual Assault, or Stalking), expire at the end of the rental assistance <br />period. <br />(f) Late payments. The recipient or subrecipient must make timely payments to each <br />owner in accordance with the rental assistance agreement. The rental assistance agreement <br />must contain the same payment due date, grace period, and late payment penalty <br />requirements as the program participant's lease. The recipient or subrecipient is solely <br />responsible for paying late payment penalties that it incurs with non-ESG funds. <br />(g) Lease. Each program participant receiving rental assistance must have a legally <br />binding, written lease for the rental unit, unless the assistance is solely for rental arrears. The <br />lease must be between the owner and the program participant. Where the assistance is <br />solely for rental arrears, an oral agreement may be accepted in place of a written lease, if the <br />agreement gives the program participant an enforceable leasehold interest under state law <br />and the agreement and rent owed are sufficiently documented by the owner's financial <br />records, rent ledgers, or canceled checks. For program participants living in housing with <br />project -based rental assistance under paragraph (i) of this section, the lease must have an <br />initial term of 1 year. Each lease executed on or after December 16, 2016 must include a <br />lease provision or incorporate a lease addendum that includes all requirements that apply to <br />tenants, the owner or lease under 24 CFR part 5, subpart L (Protection for Victims of <br />Domestic Violence, Dating Violence, Sexual Assault, or Stalking), as supplemented by 24 <br />CFR 576.409, including the prohibited bases for eviction and restrictions on construing lease <br />terms under 24 CFR 5.2005(b) and (c). If the housing is not assisted under another "covered <br />housing program," as defined in 24.CFR 5.2003, the lease provision or lease addendum may <br />be written to expire at the end of the rental assistance period. <br />(h) Tenant -based rental assistance. (1) A program participant who receives tenant -based <br />rental assistance may select a housing unit in which to live and may move to another unit or <br />building and continue to receive rental assistance, as long as the program participant <br />continues to meet the program requirements. <br />(2) The recipient may require that all program participants live within a particular area for <br />the period in which the rental assistance is provided. <br />(3) The rental assistance agreement with the owner must terminate and no further rental <br />assistance payments under that agreement may be made if: <br />(i) The program participant moves out of the housing unit for which the program <br />participant has a lease; <br />(ii) The lease terminates and is not renewed; or <br />(iii) The program participant becomes ineligible to receive ESG rental assistance. <br />(i) Project -based rental assistance. If the recipient or subrecipient identifies a permanent <br />housina unit that meets ESG reauirements and becomes available before a oroaram <br />https:llw .ecfr.gov/cgi-bin/text-idx?node=pt24.3.576&rgn=div5 20/58 <br />