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During the term of this contract, the owner certifies that:
<br />(5) If the owner has engaged in any drug- related
<br />L The owner is maintaining the contract unit and
<br />criminal activity or any violent criminal activity.
<br />premises in accordance with the HQS.
<br />b.
<br />If the PHA determines that a breach has occurred, the
<br />b. The contract unit is leased to the tenant The lease
<br />PHA may exercise any of its rights and remedies under
<br />includes the tenancy addendum (Part C of the HAP
<br />the HAP contract, or my other available rights and
<br />contract), and is in accordance with the HAP contract
<br />remedies for such breach. The PHA shall notify the
<br />and program requirements. The owner has provided the
<br />owner of such determination, including a brief
<br />lease to the PHA, including any revisions of the lease.
<br />statement of the reasons for the determination. The
<br />C. The rent to owner does not exceed rents charged by the
<br />notice by the PHA to the owner may require the owner
<br />.
<br />owner for rental of comparable unassisted units in the
<br />to take corrective action, as verified or determined by
<br />premises
<br />the PHA, by a deadline prescribed in the notice.
<br />d. Except for the rent to owner, the owner has not
<br />C.
<br />The PHA's rights and remedies for owner breach of the
<br />received and will not receive my payments or other
<br />HAP contract include recovery of overpayments,
<br />consideration (from the family, the PHA, HUD, or any
<br />suspension of housing assistance payments, abatement
<br />other public or private source) for rental of the wnb=t
<br />or other reduction of housing assistance payments,
<br />unit during the HAP contract teen
<br />termination of housing assistance payments, and
<br />M. The family does not own or have my interest in the
<br />termination of the HAP contract
<br />contract unit
<br />d.
<br />The PHA may seek and obtain additional relief by
<br />f To the best of the owner's knowledge, the members of
<br />judicial order or action, including specific performance,
<br />the family reside in the contract unit, and the unit is the
<br />other injunctive relief or order for damages.
<br />family's only residence
<br />e.
<br />Even if the family continues to live in the contract unit,
<br />g. The owner (including a principal or other interested
<br />the PHA may exercise any rights and remedies for
<br />party) is not time parent, child, grandpareent, grandchild.
<br />owner breach of the HAP contract
<br />slaw, m brother of any member of the family, unless
<br />ter
<br />f
<br />The PHA's exercise or non- exerci se of any right or
<br />the PHA has determined (and has notified the owner
<br />remedy for owner breach of time HAP contract is not a
<br />and the family of such determination) that approving
<br />waiver of the right to exercise that or say other right or
<br />rental of the remit, notwithstanding such relationship,
<br />remedy at my time.
<br />would provide reasonable soc=odation for a family
<br />member who is a person with disabilities.
<br />11. PHA and HUD Access to Premises and Owner's Records
<br />a.
<br />The owner must provide any information pertinent to
<br />9. Prohibition of Discrimination. In accordance with
<br />the HAP contract that the PHA or HUD may
<br />applicable equal opportunity statutes Executive Orders and
<br />Th and
<br />b
<br />Pe HAI, HUD the Comptroller General of the
<br />regulations:
<br />United States shall have fall and free access to the
<br />a. The owner must not discriminate inate against my Person
<br />contract unit and the premises, and to all accounts and
<br />because of race, color, religion, sax, national origin,
<br />other records of the owner that are relevant to the HAP
<br />age, familial status, or disability in =action with the
<br />contract, inct». ding the right to examine or audit the
<br />HAP contract
<br />records and to make copies.
<br />b. The owner must cooperate with the PHA and HUD in
<br />C.
<br />The owna must grant such access to computerized or
<br />conducting equal opportunity compliance reviews and
<br />other electronic records, and to any wmputas, equip -
<br />complaint investigations in connection with the HAP
<br />matt or fachb'ties containing such records, and must
<br />Contract
<br />provide any information or assistance needed to access
<br />the records.
<br />10. Owner's Breach of HAP Contract
<br />a. Any of the following actions by the owner (including a
<br />12. Exclusion of Third Party Rights
<br />principal or otha interested party) is a breach of the
<br />e.
<br />The family is not a party to or third patty beneficiary of
<br />HAP contract by the owner:
<br />Part B of the HAP contract The family may not
<br />(1) If the owner has violated any obligation under the
<br />enforce any provision of Part B, and may not exercise
<br />HAP contract, including- the owners obligation
<br />any right or remedy against the owner or PHA under
<br />to maintain the unit in accordance with the HQS.
<br />Part B.
<br />(2) If the owner has violated any obligation under
<br />b.
<br />The tenant or the PHA may enforce the tenancy
<br />my other housing assistance payments contract
<br />addendum (Part C of the HAP contract) against the
<br />owner, and may exercise any right or remedy against
<br />under Section S.
<br />The owner under the tenancy rm.
<br />(3) if the owner has committed fraud, bribery or any
<br />c.
<br />any responsibility
<br />The PHA does not assume any responsibility for injury
<br />other corrupt or criminal act in connection with
<br />to, or any liability to, any person injured a result of
<br />any Federal housing assistance program.
<br />n
<br />the owner's action or failure to act is connection with
<br />(4) For projects with mortgages insured by HUD or
<br />management of the contract unit or the premises or
<br />loans made by HUD, if the owner has failed to
<br />with implementation of the HAP contract, or as a result
<br />comply with the regulations for the applicable
<br />of say other action or failure to act by the owner.
<br />mortgage insurance or loan program, with the
<br />d
<br />The owner is not the agent of the PHA, and the HAP
<br />mortgage or mortgage note, or with the
<br />contract does not create or affect any relationship
<br />regulatory agreement; or if the owner has
<br />between the PHA and any lenda to the owner or my
<br />committed fraud, bribery or any other corrupt or
<br />suppliers, employees, contractors or subcontractors
<br />criminal act in connection with the mortgage or
<br />used by the owner in connection with management of
<br />loan
<br />form HUD -52641 (812009)
<br />Previous editions are obsolete Page 6 of 12
<br />ref Handbook 7420.8
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