3 - PUBLIC HEARING ANNUAL ACTION PLAN

Home Browse Search

Administrative Plan 4/1/16 Page 9-10 9-I.G. HAP CONTRACT EXECUTION [24 CFR 982.305] The HAP contract is a written agreement between SAHA and the owner of the dwelling unit. Under the HAP contract, SAHA agrees to make housing assistance payments to the owner on behalf of the family, and the owner agrees to comply with all program requirements as stated in the HAP contract. The HAP contract form is prescribed by HUD. If SAHA has given approval for the family of the assisted tenancy, the owner and SAHA must execute the HAP contract. The term of the HAP contract must be the same as the term of the lease [24 CFR 982.451(a)(2)]. SAHA is permitted to execute a HAP contract even if the funding currently available does not extend for the full term of the HAP contract. SAHA must make a best effort to ensure that the HAP contract is executed before the beginning of the lease term. Regardless, the HAP contract must be executed no later than 60 calendar days from the beginning of the lease term. SAHA may not pay any housing assistance payment to the owner until the HAP contract has been executed. If the HAP contract is executed during the period of 60 calendar days from the beginning of the lease term, SAHA will pay housing assistance payments after execution of the HAP contract (in accordance with the terms of the HAP contract), to cover the portion of the lease term before execution of the HAP contract (a maximum of 60 days). Any HAP contract executed after the 60 day period is void, and SAHA may not pay any housing assistance payment to the owner. SAHA Policy The owner and the assisted family will execute the dwelling lease and the owner must provide a copy to SAHA. The owner and SAHA will execute the HAP contract. SAHA will not execute the HAP contract until the owner has submitted IRS form W-9. SAHA will ensure that the owner receives a copy of the executed HAP contract. Payment will not be made until SAHA has received all required paperwork and the HAP contract is fully executed. See Chapter 13 for a discussion of the HAP contract and contract provisions. 9-I.H. CHANGES IN LEASE OR RENT [24 CFR 982.308] If the tenant and the owner agree to any changes in the lease, such changes must be in writing, and the owner must immediately give SAHA a copy of such changes. The lease, including any changes, must remain in accordance with the requirements of this chapter. Generally, SAHA approval of tenancy and execution of a new HAP contract are not required for changes in the lease. However, under certain circumstances, the execution of a new lease and HAP contract are required. These circumstances include: 3-242