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TENANCY ADDENDUM <br />Section 8 Tenant -Based Assistance <br />Housing Choice Voucher Program <br />(To be attached to Tenant Lease) <br />Section 8 Voucher Program <br />a. The owner is leasing the contract unit to the tenant <br />for occupancy by the tenant's family with assistance <br />for a tenancy under the Section 8 housing choice <br />voucher program (voucher program) of the United <br />States Department of Housing and Urban <br />Development (HUD). <br />b. The owner has entered into a Housing Assistance <br />Payments Contract (HAP contract) with the PHA <br />under the voucher program. Under the HAP <br />contract, the PHA will make housing assistance <br />payments to the owner to assist the tenant in leasing <br />the unit from the owner. <br />2. Lease <br />a. The owner has given the PHA a copy of the lease, <br />including any revisions agreed by the owner and the <br />tenant. The owner certifies that the terns of the <br />lease are in accordance with all provisions of the <br />HAP contract and that the lease includes the tenancy <br />addendum. <br />b. The tenant shall have the right to enforce the <br />tenancy addendum against the owner. If there is any <br />conflict between the tenancy addendum and any <br />other provisions of the lease. the language of the <br />tenancy addendum shall control. <br />Use of Contract Unit <br />a. During the lease term, the family will reside in the <br />contract unit with assistance under the voucher <br />program. <br />b. The composition of the household must be approved <br />by the PHA. The family must promptly inform the <br />PHA of the birth. adoption or court- awarded custody <br />of a child. Other persons may not be added to the <br />household without prior written approval of the <br />owner and the PHA. <br />C. The contract unit may only be used for residence by <br />the PHA - approved household members. The unit <br />must be the family's only residence. Members of the <br />household may engage in legal profit making <br />activities incidental to primary use of the unit for <br />residence by members of the family. <br />d. The tenant may not sublease or let the unit. <br />e. The tenant may not assign the lease or transfer the <br />unit. <br />4. Rent to Owner <br />a. The initial rent to owner may not exceed the <br />amount approved by the PHA in accordance with <br />HUD requirements. <br />b. Changes in the rent to owner shall be determined by <br />the provisions of the lease. However, the owner may <br />not raise the rent during the initial term of the lease. <br />C. During the term of the lease (including the initial <br />term of the lease and any extension term), the rent to <br />owner may at no time exceed: <br />Previous editions are obsolete <br />U.S. Department of Housing <br />and Urban Development <br />Office of Public and Indian Housing <br />OMB Approval No. 2577 -0169 <br />Exp. 10/31/2010 <br />(1) The reasonable rent for the unit as most <br />recently determined or redetermined by the <br />PHA in accordance with HUD requirements, <br />or <br />(2) Rent charged by the owner for comparable <br />unassisted units in the premises. <br />5. Family Payment to Owner <br />a. The family is responsible for paying the owner any <br />portion of the rent to owner that is not covered by <br />the PHA housing assistance payment. <br />b. Each month, the PHA will make a housing <br />assistance payment to the owner on behalf of the <br />family in accordance with the HAP contract. The <br />amount of the monthly housing assistance payment <br />will be determined by the PHA in accordance with <br />HUD requirements for a tenancy under the Section 8 <br />voucher program. <br />C. The monthly housing assistance payment shall be <br />credited against the monthly rent to owner for the <br />contract unit. <br />d. The tenant is not responsible for paying the portion <br />of rent to owner covered by the PHA housing <br />assistance payment under the HAP contract between <br />the owner and the PHA. A PHA failure to pay the <br />housing assistance payment to the owner is not a <br />violation of the lease. The owner may not terminate <br />the tenancy for nonpayment of the PHA housing <br />assistance payment. <br />e. The owner may not charge or accept, from the <br />family or from any other source, any payment for <br />rent of the unit in addition to the rent to owner. Rent <br />to owner includes all housing services, maintenance, <br />utilities and appliances to be provided and paid by <br />the owner in accordance with the lease. <br />f. The owner must immediately return any excess rent <br />payment to the tenant. <br />6. Other Fees and Charges <br />a. Rent to owner does not include cost of any meals or <br />supportive services or furniture which may be <br />provided by the owner. <br />b. The owner may not require the tenant or family <br />members to pay charges for any meals or supportive <br />services or furniture which may be provided by the <br />owner. Nonpayment of any such charges is not <br />grounds for termination of tenancy. <br />C. The owner may not charge the tenant extra amounts <br />for items customarily included in rent to owner in <br />the locality, or provided at no additional cost to <br />unsubsidized tenants in the premises. <br />Maintenance, Utilities, and Other Services <br />a. Maintenance <br />(1) The owner must maintain the unit and <br />premises in accordance with the HQS. <br />(2) Maintenance and replacement (including <br />redecoration) must be in accordance with the <br />form HUD - 52641 -A (8/2009) <br />ref Handbook 7420.8 <br />