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04 - HAADMIN PLAN 2
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04 - HAADMIN PLAN 2
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City Clerk
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Agenda Packet
Item #
04
Date
12/20/2010
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The owner's record of compliance with obligations under the HAP contract and lease(s); <br />Whether the location of the units continues to support the goals of deconcentrating <br />poverty and expanding housing opportunities; and <br />Whether the funding could be used more appropriately for tenant-based assistance. <br />Termination by SAHA [24 CFR 983.205(c)] <br />The HAP contract must provide that the term of SAHA's contractual commitment is subject to <br />the availability of sufficient appropriated funding as determined by HUD or by SAHA in <br />accordance with HUD instructions. For these purposes, sufficient funding means the availability <br />of appropriations, and of funding under the ACC from such appropriations, to make full payment <br />of housing assistance payments payable to the owner for any contract year in accordance with <br />the terms of the HAP contract. <br />If it is determined that there may not be sufficient funding to continue housing assistance <br />payments for all contract units and for the full term of the HAP contract, SAHA may terminate <br />the HAP contract by notice to the owner. The termination must be implemented in accordance <br />with HUD instructions. <br />Termination by Owner [24 CFR 983.205(d) , FR Notice ll/24/08] <br />If in accordance with program requirements the amount of rent to an owner for any contract unit <br />is reduced below the amount of the rent to owner at the beginning of the HAP contract term, the <br />owner may terminate the HAP contract by giving notice to SAHA. In this case, families living in <br />the contract units must be offered tenant-based assistance. <br />At its discretion SAHA may specify in the HAP contract that the maximum rent on a unit will <br />not be less than the initial rent. <br />Remedies for HQS Violations [24 CFR 983.207(b)] <br />SAHA may not make any HAP payment to the owner for a contract unit during any period in <br />which the unit does not comply with HQS. If SAHA determines that a contract does not comply <br />with HQS, SAHA may exercise any of its remedies under the HAP contract, for any or all of the <br />contract units. Available remedies include termination of housing assistance payments, <br />abatement or reduction of housing assistance payments, reduction of contract units, and <br />termination of the HAP contract. <br />SAHA will abate and terminate PBV HAP contracts for non-compliance with HQS in <br />accordance with the policies used in the tenant-based voucher program. These policies are <br />contained in Section 8-II.G., Enforcing Owner Compliance. <br />17-V.C. AMENDMENTS TO THE HAP CONTRACT <br />Substitution of Contract Units [24 CFR 983.206(a)] <br />At SAHA's discretion and subject to all PBV requirements, the HAP contract maybe amended <br />to substitute a different unit with the same number of bedrooms in the same building for a <br />previously covered contract unit. Before any such substitution can take place, SAHA must <br />inspect the proposed unit and determine the reasonable rent for the unit. <br />iii29iio Page 17-15 <br />
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