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04 040113 HA ADMINPLAN EX 2
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04 040113 HA ADMINPLAN EX 2
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Last modified
3/28/2013 10:01:24 AM
Creation date
3/28/2013 9:36:46 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Date
4/1/2013
Destruction Year
2018
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• The term of the lease (initial term and any provisions for renewal) <br />• The amount of the monthly rent to owner <br />• A specification of what utilities and appliances are to be supplied by the owner, and what <br />utilities and appliances are to be supplied by the family <br />Term of Assisted Tenancy <br />The initial term of the assisted dwelling lease must be for at least one year [24 CFR 982.309]. <br />The initial lease term is also stated in the HAP contract. <br />The HUD program regulations permit SARA to approve a shorter initial lease term if certain <br />conditions are met. <br />During the initial term of the lease, the owner may not raise the rent to owner [24 CFR 982.309]. <br />Any provisions for renewal of the dwelling lease will be stated in the dwelling lease [HCV <br />Guidebook, pg. 8-22]. There are no HUD requirements regarding any renewal extension terms, <br />except that they must be in the dwelling lease if they exist. <br />SARA may execute the HAP contract even if there is less than one year remaining from the <br />beginning of the initial lease term to the end of the last expiring funding increment under the <br />consolidated ACC. [24 CFR 982.309(b)]. <br />Security Deposit [24 CFR 982.313 (a) and (b)] <br />SARA will allow the owner to collect any security deposit amount the owner determines is <br />appropriate and legal under California Rental Law. Therefore, no modifications to the HAP <br />contract will be necessary. <br />Separate Non-Lease Agreements between Owner and Tenant <br />Owners may not demand or accept any rent payment from the family in excess of the rent to the <br />owner minus SAHA's housing assistance payments to the owner [24 CFR 982.451(b)(4)]. <br />The owner may not charge the tenant extra amounts for items customarily included in rent in the <br />locality, or provided at no additional cost to unsubsidized tenants in the premises [24 CFR <br />982.510(c)] . <br />SARA permits owners and families to execute separate, non-lease agreements for services, <br />appliances (other than range and refrigerator) and other items that are not included in the lease. <br />Any items, appliances, or other services that are customarily provided to unassisted families as <br />part of the dwelling lease with those families, or are permanently installed in the dwelling unit <br />must be included in the dwelling lease for the assisted family. These items, appliances or <br />services cannot be placed under a separate non-lease agreement between the owner and family. <br />Side payments for additional rent, or for items, appliances or services customarily provided to <br />unassisted families as part of the dwelling lease for those families, are prohibited. <br />Any items, appliances, or other services that are not customarily provided to unassisted families <br />as part of the dwelling lease with those families, are not permanently installed in the dwelling <br />unit and where the family has the sole option of not utilizing the item, appliance or service, may <br />be included in a separate non-lease agreement between the owner and the family. <br />7/02/12 Page 9-6 <br />
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