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3 - PUBLIC HEARING ANNUAL ACTION PLAN
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3 - PUBLIC HEARING ANNUAL ACTION PLAN
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Administrative Plan 4/1/2016 Page 17-30 <br />• The composition of the household as approved by SAHA (the names of family members and <br />any SAHA-approved live-in aide); <br />• All provisions in the HUD-required tenancy addendum must be included in the lease. The <br />terms of the tenancy addendum prevail over other provisions of the lease. <br />Initial Term and Lease Renewal [24 CFR 983.256(f)] <br />The initial lease term must be for at least one year. The lease must provide for automatic renewal <br />after the initial term of the lease in either successive definitive terms (e.g. month-to-month or <br />year-to-year) or an automatic indefinite extension of the lease term. For automatic indefinite <br />extension of the lease term, the lease terminates if any of the following occur: <br />• The owner terminates the lease for good cause <br />• The tenant terminates the lease <br />• The owner and tenant agree to terminate the lease <br />• SAHA terminates the HAP contract <br />• SAHA terminates assistance for the family <br />Changes in the Lease [24 CFR 983.256(e)] <br />If the tenant and owner agree to any change in the lease, the change must be in writing, and the <br />owner must immediately give SAHA a copy of all changes. <br />The owner must notify SAHA in advance of any proposed change in the lease regarding the <br />allocation of tenant and owner responsibilities for utilities. Such changes may only be made if <br />approved by SAHA and in accordance with the terms of the lease relating to its amendment. <br />SAHA must redetermine reasonable rent, in accordance with program requirements, based on <br />any change in the allocation of the responsibility for utilities between the owner and the tenant. <br />The redetermined reasonable rent will be used in calculation of the rent to owner from the <br />effective date of the change. <br />Owner Termination of Tenancy [24 CFR 983.257] <br />With two exceptions, the owner of a PBV unit may terminate tenancy for the same reasons an <br />owner may in the tenant-based voucher program (see Section 12-III.B. and 24 CFR 982.310). In <br />the PBV program, terminating tenancy for “good cause” does not include doing so for a business <br />or economic reason, or a desire to use the unit for personal or family use or other non-residential <br />purpose. <br />Non-Compliance with Supportive Services Requirement [24 CFR 983.257(c), <br />FR Notice 11/24/08] <br />If a family is living in a project-based unit that is excepted from the 25 percent per project cap on <br />project-basing because of participation in a supportive services program (e.g., Family Self- <br />Sufficiency), and the family fails to complete its supportive services requirement without good <br />cause, such failure is grounds for lease termination by the owner. <br />Tenant Absence from the Unit [24 CFR 983.256(g) and 982.312(a)] <br />The lease may specify a maximum period of family absence from the unit that may be shorter <br />than the maximum period permitted by SAHA policy. According to program requirements, the <br />3-418
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