(2) The duration of the PAH contract corresponds to the duration of the rental contract. The rent supplement serves as a contract between the landlord and the family, in which the rights and obligations of both parties are defined. The lease gives the family the right to live in and use the interior and exterior of the unit for a certain period of time in accordance with the terms of the lease. A copy of the HUD rental supplement must be attached to the landlord`s lease. The approved lease takes precedence over any other lease the landlord entered into with the family prior to the PAH contract with MHA. Part C of the contract contains the rent supplement (Form HUD-52641-A). The addendum sets out the rental requirements for the program and household composition approved by the OHA. The landlord must sign the HUD rent supplement with the potential tenant, and the tenant has the right to apply the rent supplement against the landlord. The conditions of the rental supplement prevail over all other provisions of the rental agreement.
Rents for certain units are subsidized by HUD under the « New Construction Under Section 8 » (« New Construction »), « Substantial Renovation » and/or « Credit Management Set-aside » (« LMSA ») programs. Each of these aids is « projected », i.e. the subsidy is promised by HUD for the managed units of a particular mortgaged property for a contractually agreed period. Part A of the contract contains basic information about the name of the tenant family, the address of the contractual unit, the names of all members of the household, the first and last date of the initial term of the lease, the amount of the initial monthly rent to the landlord, the amount of the initial payment of the housing subsidy, utilities and equipment to be provided by the owner and tenant, the signatures of the PHA and the owner [HCV Guide, pp. 11-10 and 11-11]. Available to the owner in five-year increments, subject to renewal at the end of each five-year period at the owner`s option, with HUD`s consent. In recent years, HUD has provided LMSA support for up to five years. At present, however, Congress has not provided the necessary funds to enable HUD to provide new LMSA support contracts, except in the context of a one-year extension of existing LMSA agreements expiring. HuD provides Section 8 lease subsidies to owners of certain properties mortgaged under a PAH contract. The entity responsible for managing support under Section 8 under a particular PAH contract is the designated « contract administrator ». For new construction and major redevelopment programs, HUD or a public housing agency may act as contract administrators. For the purposes of applicable HUD regulations, a « public housing agency » is any state or local government instrument authorized to participate in or support the development or operation of housing for low-income families.
In accordance with applicable HUD regulations, HUD acts as a contract administrator for LMSA support, but has the authority to enter into contracts with another company for the performance of all or part of its responsibilities as a contract administrator. HUD currently serves as a contract manager under HAP contracts for almost all supported mortgage properties. Currently, HUD intends to ensure that the management of PAH contracts for managed mortgage properties is led and coordinated by HUD`s offices in Denver, Colorado, Des Moines, Iowa, and Atlanta, Georgia. In the future, however, HUD`s responsibilities as a contract administrator under HAP contracts could be assumed by other HUD offices or public housing agencies. Part B contains all the terms and conditions of the contract. Please read and know all the terms and conditions of the contract, but pay particular attention to the following points: (i) The PHA must pay the payment of the housing allowance immediately if it is due to the landlord under the HAP contract. Some forms of PAH contracts allow the project owner to extend the contract for one or more additional conditions up to the specified maximum duration. In the case of new construction or major renovation projects that are not new regulation projects of a single duration, the extension is at the sole discretion of the owner. For LMSA projects, the extension of such an incremental term requires the consent of the owner and huD. If the PAH contract is renewed, the terms of the agreement will remain in effect for the additional additional period.
During the additional period, HUD is required to make support payments to the landlord in accordance with the PAH Contract, which includes any adjustments to the contractual rents provided for therein. (B) Pha is not liable to pay a late payment penalty if HUD determines that PHA`s late payment is due to factors beyond PHA`s control. The ASP may add haP contractual provisions that determine when the payment of the housing allowance by the ASP is deemed to have been received by the owner (for example.B. when it is shipped by the ASP or actually received by the owner). Lease: A written agreement between a landlord or representative of the landlord and a tenant about renting a unit to the tenant. The lease sets out the conditions of occupancy of the housing unit by a family whose housing allowances pay housing benefits under a haP contract between the owner and the MHA. The lease must contain at least the following information: IF the tenant moves in before the unit passes the inspection and before the contract is signed, the tenant is responsible for 100% of the contract rent until the unit exists and all documents are signed. (iii) The family is not responsible for the payment of the share of rent to the landlord covered by the payment of the housing allowance under the PAH contract between the landlord and the PHA. See § 982.310(b). (1) The PAH contract must be in the form required by HUD.
1. The amount of the monthly payment of the ASP housing allowance to the landlord shall be determined by the ASP in accordance with hud rules and other requirements. The amount of the housing allowance may change during the term of the PAH contract. (A) The HAP contract provides for penalties against the PHA for late payment of housing allowances due to the owner if all of the following circumstances apply: If a PAH contract expires, neither hud nor the project owner are contractually obliged to renew the contract or enter into a new PAH contract for previously supported entities. If HUD decides to provide additional support after the expiration of a PAH contract, HUD may provide such support under a new PAH contract for project-based support or for vouchers or certificates under Section 8 as described below. Prior to the passage of the Balanced Budget Act, I (the « BBDA ») in 1996, the Housing Act required huD, at the request of the project owner, to renew any expiring LMSA-HAP contract or enter into a new LMSA-HAP contract with the owner[…].