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Housing Assistance Payments Contract U.S. Department of Housing HAP Contract and Urban Development Office of Public and Indian Housing Section 8 Tenant -Based Assistance Housing Choice Voucher Program Part C of HAP Contract: Tenancy Addendum c. During the tam of the lease (including the initial term of the lease and any extension term), the rent to 1. Section 8 Voucher Program owner may at no time exceed: (1) The reasonable rent for the unit as most a The owner is leasing the contract unit to the tenant recently determined or redetermined by the for occupancy by the tenant's family with assistance PHA in accordance with HUD requirements, for a tenancy under the Section 8 housing choice or voucher program (voucher program) of the United (2) Rent charged by the owner for comparable States Department of Housing and . Urban unassisted units in the premises. Development (HUD). b. The owner has entered into a Housing Assistance Payments Contract (HAP contract) with the PHA 5, Family Payment to Owner' Y Ym and the voucher proVmnL Under the HAP a. The family is responsible for paying the owner any contract, the PHA will make housing assistance portion of the rent to owner that is not covered by payments to the owner to assist the tent in leasing the PHA housing assistance payment the unit from the owner. b. Each month, the PHA will make a housing assistance payment to the owner on behalf of the 2. Lease family in accordance with the HAP contract The a. The owner has given the PHA a copy of the lease, amount of the monthly housing assistance payment including any revisions agreed by the owner and the will be determined by the PHA in accordance with tenant The owner certifies that the terms of the HUD requirements for a tenancy under the Section 8 lease are in accordance with all provisions of the voucher program. HAP contract and that the lease includes the tenancy C. The monthly housing assistance payment shall be addendum credited against the monthly rent to owner for the b. The tenant shall have the right to enforce the contract unit d. The tent is not responsible for paying the portion tenancy addendum against the owner. If there is any conflict between the tenancy addendum and any of rent to owner covered by the PHA housing other provisions of the lease, the language of the assistance payment under the HAP contract between tenancy addendum shall control. the owner and the PHA, A PHA failure to pay the housing assistance payment to the owner is not a 3. Use of Contract Unit violation of the lease. The owner may not terminate the tenancy for nonpayment of the PEA housing a. During the lease term, the family will reside in the assistance payment contract unit with assistance under the voucher e. The owner may not charge or accept, from the program. family or from any other source, any payment for b. The composition of the household must be approved rent of the unit in addition to the rent to owner. Rent by the PHA. The family must promptly inform the to owner includes all hrnymg services, maintenance, PHA of the birth, adoption or count - awarded custody utilities and appliances to be provided and paid by of a child. Other persons may not be added to the the owner in accordance with the lease. household without prior written approval of the E The owner must immediately return any excess rent . owner and the PHA payment to the tenant c. The contract unit may only be used for residence by the PHA - approved household members. The unit 6. Other Fees and Charges must be the family's only residence. Members of the household may engage in legal profit making a Rea[ m owner does not include cost of any meals or activities incidental to primary use of the unit far supportive services or furniture which may be residence by members of the family. provided by the owner. d. The tenant may not sublease or let the unit b. The owner may not require the tenant or family C. The tenant may not assign the lease or transfer the members to pay charges for any meals or supportive unit services or furniture which may be provided by the owner. Nonpayment of any such charges is not 4. Rent to Owner grounds for termination of tenancy. Q. The owner may not charge the tenant extra amounts a. The initial rent to owner may not exceed the for items customarily included in rent to owner in amount approved by the PHA in accordance with the locality, or provided at no additional cost to HUD requirements. - unsubsidized tenants in the premises. b. Cbanges in the rent to owner shall be determined by the provisions of the lease. However, the owner may 7. Maintenance, Utilities, and Other Services not raise the rent during the initial term of the lease. a. Maintenance form HUD -52541 (8/2009) Prevlous editions are obsolete Page 9 of 12 ref Handbook 7420.8