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4-1 SUBMISSION ANNUAL ADMIN PLAN_EXHIBIT 3
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4-1 SUBMISSION ANNUAL ADMIN PLAN_EXHIBIT 3
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Last modified
3/17/2015 11:31:20 AM
Creation date
4/10/2014 3:50:49 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
4-1
Date
4/1/2015
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<br />If the PHA determines that a breach of the HAP contract has occurred, it may exercise any of its <br />rights and remedies under the HAP contract. <br /> rights and remedies against the owner under the HAP contract include recovery of <br />any HAP overpayment, suspension of housing assistance payments, abatement or reduction of <br />the housing assistance payment, termination of the payment or termination the HAP contract. <br />The PHA may also obtain additional relief by judicial order or action. <br />The PHA must notify the owner of its determination and provide in writing the reasons for the <br />determination. The notice may require the owner to take corrective action by an established <br />deadline. The PHA must provide the owner with written notice of any reduction in housing <br />assistance payments or the termination of the HAP contract. <br /> SAHA Policy <br /> <br />Before SAHA invokes a remedy against an owner, SAHA will evaluate all information <br />and documents available to determine if the contract has been breached. <br />If it is determined that the owner has breached the contract, SAHA will consider all of the <br />relevant factors including the seriousness of the breach, the effect on the family, the <br />violations. <br />13-II.E. HAP CONTRACT TERM AND TERMINATIONS <br /> <br />The term of the HAP contract runs concurrently with the term of the dwelling lease \[24 CFR <br />982.451(a)(2)\], beginning on the first day of the initial term of the lease and terminating on the <br />last day of the term of the lease, including any lease term extensions. <br />The HAP contract and the housing assistance payments made under the HAP contract terminate <br />if \[HCV Guidebook pp.11-4 and 11-5, pg. 15-3\]: <br />The owner or the family terminates the lease; <br /> <br />The lease expires; <br /> <br />The PHA terminates the HAP contract; <br /> <br />The PHA terminates assistance for the family; <br /> <br />The family moves from the assisted unit. In this situation, the owner is entitled to keep the <br /> <br />housing assistance payment for the month when the family moves out of the unit. <br />180 calendar days have elapsed since the PHA made the last housing assistance payment to <br /> <br />the owner; <br />The family is absent from the unit for longer than the maximum period permitted by the <br /> <br />PHA; <br />The Annual Contributions Contract (ACC) between the PHA and HUD expires <br /> <br />The PHA elects to terminate the HAP contract. <br /> <br />SAHA Policy <br />SAHA may elect to terminate the HAP contract in each of the following situations: <br /> <br />Page 13-12 <br />04/01/14 <br /> <br />
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