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<br />PART II. HAP CONTRACTS <br />13-II.A. OVERVIEW <br /> <br />The HAP contract represents a written agreement between the PHA and the owner of the <br />dwelling unit occupied by a HCV assisted family. The contract spells <br />responsibilities under the program, as well as the PHA <br />the PHA agrees to make housing assistance payments to the owner on behalf of a specific family <br />occupying a specific unit. <br />The HAP contract is used for all HCV program tenancies except for assistance under the <br />Section 8 homeownership program, and assistance to families that own a manufactured home <br />and lease the space. See chapter 15 for a discussion of any special housing types included in the <br />PHAHCV program. <br />When the PHA has determined that the unit meets program requirements and the tenancy is <br />approvable, the PHA and the owner must execute the HAP contract. See chapter 9 for a <br />discussion of the leasing process, including provisions for execution of the HAP contract. <br />13-II.B. HAP CONTRACT CONTENTS <br /> <br />The HAP contract format is required by HUD, specifically Housing Assistance Payment (HAP) <br />Contract, Form HUD-52641. <br />The HAP contract contains three parts. <br />contract information <br />Part A of the contract includes basic about the name of the tenant family, <br />address of the contract unit, names of all household members, first and last dates of initial lease <br />term, amount of initial monthly rent to owner, amount of initial housing assistance payment, <br />utilities and appliances to be supplied by owner and tenant, signatures of the PHA and owner <br />\[HCV Guidebook, pp 11-10 and 11-11\]. <br />In general, the HAP contract cannot be modified. However, PHAs do have the discretion to add <br />language to Part A of the HAP contract which prohibits the owner from collecting a security <br />deposit in excess of private market practices or in excess of amounts charged to unassisted <br />tenants. The PHA policy on the amount of security deposit an owner may collect is found in <br />chapter 9. <br />In addition, PHAs also have the discretion to add language to Part A of the HAP contract that <br />defines when the housing assistance payment by the PHA is deemed received by the owner (e.g., <br />upon mailing by the PHA or actual receipt by the owner). <br />SAHA Policy <br /> <br />SAHA has not adopted a policy that defines when the housing assistance payment by <br />SAHA is deemed received by the owner. Therefore, no modifications to the HAP <br />contract will be necessary. <br /> <br />Page 13-8 <br />04/01/14 <br /> <br />