HUD Revises HAP Assignment Form
The Office of Asset Management and Portfolio Oversight (OAMPO) has made revisions to the Housing Assistance Payment (HAP) Assignment form in order to clarify the roles of the various signatories in the HAP Assignment process. Going forward, the revised form must be used for all HAP Assignments, including those processed under Notice H 2012–25. Click below to view the revised form.
HUD will continue to process HAP Assignments that are under way. Note that if the contract being assigned is administered by a Contract Administrator, HUD will require that the Contract Administrator sign the HAP Assignment form prior to HUD doing so.
If you have questions about the HAP Assignment process, contact your HUD account executive or resolution specialist office.
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Making Housing More Affordable
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Housing Assistance Payments Contract (HAP Contract) Guidelines
Housing Choice Voucher / Landlords
Housing Choice Vou cher Program
Landlord Resources
After the landlord has selected a family, the unit has passed inspection (Section 3 - Inspections) and the rent has been determined and approved, the legal and binding documents will need to be signed. These documents include: The Lease; Tenancy Addendum; and Housing Assistance Payments Contract.
Before executing the contracts, the landlord must provide proof of ownership of the property with a copy of the recorded warranty deed. If there is an agent managing the unit for the landlord, there must be a management agreement giving the agent the authority to manage the property and execute documents on behalf of the owner. In addition to supplying a recorded warranty deed, the MHA will need a copy of that agreement.
The lease and tenancy addendum serve as a contract between the landlord and the family establishing the rights and responsibilities of both parties. The lease gives the family the right to occupy and use the interior and exterior of the unit for a specific period of time in accordance with the terms and conditions of the lease. A copy of the HUD Tenancy Addendum must be attached to the landlord lease. The approved lease agreement, takes precedence over any other lease that the landlord may have executed with the family prior to the HAP contract with the MHA.
The Housing Assistance Contract is between the Landlord and the MHA. There are two parts to this agreement, Part A and B.
Part A contains all contract information such as:
- Full name of family
- Unit address
- Beginning of lease term
- All household members
- Initial rent to owner
- Housing Assistance Payment (HAP)
- Signature of Landlord and the MHA representative
- Maintenance, utilities and other services
Part B contains all of the contract terms. Please read and be familiar with all of the terms of the contract, but play close attention to the following:
- Term of the HAP Contract
- Relation to the lease term
- When HAP contract terminates
- Termination of Tenancy by Owner
- Rent to Owner: Reasonableness
- Rent to Owner: Adjustments
- MHA’s Payment to Owner
- Owner Certification
- The Owner is maintaining the unit in accordance with HQS
- The unit is leased to the family named in the lease
- The rent charged does not exceed that of a comparable unassisted unit rented by the owner
- The owner will not collect more that the MHA determined family rent and subsidy, which combined equals the total contract rent
- Assignment of HAP Contract
- Conflict of Interest
Lease: a written agreement between an owner or an owner’s agent and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a HAP contract between the owner and the MHA. At minimum the lease must contain the following information:
- The names of the owner(s) and the tenant
- The unit rented (address, apartment number, and any other information needed to identify the contract unit)
- The term of the lease (initial term and any provisions for renewal)
- The amount of the monthly rent to owner
- A specification of what utilities and appliances are to be supplied by the owner, and what utilities and appliances are to be supplied by the family
- The amount of any charges for food, furniture, or supportive services
We also recommend you include the following information in the lease (these are optional, not required):
- Notice Requirements (time required to terminate contract by either party). This should include a mailing address for both tenant and owner for formal notices
- Forms of acceptable payments (Cash, check, money order, etc.)
- Maintenance of the property (responsibilities)
- Cost and Forms of Repair of Property Damages
Tenancy Addendum: contains information that must be included in or attached to the lease agreement.
Once the unit passes inspection, the MHA will call you and the tenant to establish the move-in date. If the tenant is currently in the unit, the lease will start on or after the date the unit passes inspection. If the unit has passed and the tenant has not moved in the unit, you and the tenant must agree on the date you will surrender the keys to the tenant and come to the MHA office to sign the required paperwork. Then tenant must sign all documents before moving in. In order for you to receive prompt payment, you and the tenant must sign the documents promptly.
Please make sure you receive a copy of all documents that you sign for your records.
NOTE: If the tenant moves in before the unit passes inspection and before the contract signing, the tenant will be responsible for 100% of the contract rent until the unit passes and all documents are signed.
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HAP Contracts
Housing Assistance Payments contracts are agreements between a public housing agency and the owner of a property to define the number of units eligible for Section 8 rental subsidies.
- What are HAP Contracts?
- Am I Eligible?
- When Does a HAP Contract Expire?
- Transferring Ownership
- Get Financing
If the owner of a property with a HAP contract decides to sell the asset, information must be submitted to the public housing agency in advance of the sale, and the PHA must agree to the assignment of the contract. A PHA will usually require that the buyer of the property provide forms for tax purposes if the HAP contract will continue.
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IMAGES
VIDEO
COMMENTS
FULL ASSIGNMENT. An assignment of the HAP contract other than an assignment as security. "Full Assignment" includes a sale, conveyance or other transfer of the HAP Contract, voluntary or involuntary, to a successor in interest. HAP CONTRACT. The Housing Assistance Payments Contract for units in the project. The HAP Contract was entered ...
HAP Contracts 3 . July 2021 . H. OUSING . C. HOICE . V. OUCHER. P. ROGRAM . G. UIDEBOOK. Upon approval of the assisted tenancy, the owner and the PHA can execute the HAP contract. The PHA cannot pay any housing assistance payment to the owner until the HAP contract has been executed. During the term of the HAP contract, the PHA must. 4
a. payments, and termination of the HAP contract. The This is a HAP contract between the PHA and the owner. The HAP contract is entered to provide assistance for the family under the Section 8 voucher program (see HUD program regulations at family is responsible, and that is not caused by the 24 Code of Federal Regulations Part 982). b.
Note that if the contract being assigned is administered by a Contract Administrator, HUD will require that the Contract Administrator sign the HAP Assignment form prior to HUD doing so. If you have questions about the HAP Assignment process, contact your HUD account executive or resolution specialist office.
1411 Tremont Street, Boston, MA 02120-3401 Phone 617-859-0400 | Toll-Free 800-272-0990 | [email protected] | MetroHousingBoston.org. HAP CONTRACT ASSIGNMENT ...
The housing assistance payments contract sets forth rights and duties of the Borrower and HUD with respect to the project and the housing assistance payments. ( b) HAP contract execution. ( 1) Upon satisfactory completion of the project, the Borrower and HUD shall execute the HAP contract on the form prescribed by HUD.
original) of the Assignment and Assumption document to reflect changes, along with a clean version of the document.) NOTE: If there is a Performance Based Contract Administrator (PBCA) they are not required to execute the Assignment, Assumption and Amendment Agreement Section 8 HAP contract unless they were a party to the original HAP contract.
You may submit the completed form and accompanying documents by Fax, Email or Mail: Fax: (510) 587-2131 Attention: Ownership Change. Email: [email protected] Subject Heading: Ownership Change. Mail or Drop-in: Oakland Housing Authority 1540 Webster Street, Oakland, CA 94612. Created: February 1, 2018.
Assignment of HAP Contract (Complete and sign) Housing Provider Participant Relationship Certification (Complete and sign) Housing Provider Acknowledgement form (Complete and sign one for each building) W-9 (Complete and sign based on IRS filing information - link provided on last page)
Assignment of HAP Contract; Conflict of Interest; Lease: a written agreement between an owner or an owner's agent and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a HAP contract between the owner and the MHA.
HAP CONTRACT. The Housing Assistance Payments Contract for units in the project. The HAP Contract was entered between the owner and the contract administrator pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). PROJECT. The project identified in section I of the consent to assignment. IV.
An Assignment or Assumption of Housing Assistance Payments (HAP) Contract is required when the property being sold is subject to a HAP contract, with or without mortgage insurance. The HAP rents are set by a variety of factors, so it's important to understand how the rents may change from year to year before purchasing a property.
benefits, conditions, and obligations of the HAP Contract, between Harford County Housing and Community Development and me, entered on _____ to _____. (date) (proposed new owner) I further understand that this assignment, if approved, will result in me no longer receiving rental subsidy ... THIS REQUEST FOR HAP CONTRACT ASSIGNMENT IS: ...
executed. During the term of the HAP contract, the PHA must4 make monthly housing assistance payments to the owner on behalf of the family at the beginning of each month. The initial amount of the housing assistance payment by the PHA to the owner is reflected on the HAP contract at the time of HAP contract execution.
"Application") requesting the Secretary's approval of the proposed assignment of the HAP Contract to the Buyer as set forth in the aforesaid Real Estate Purchase and Sale Agreement; and WHEREAS, the Seller and the Buyer mutually desire to assign the HAP Contract; and it is necessary to and the Contract Administrator and the Buyer mutually ...
ASSIGNMENT OF HAP CONTRACT Dear Property Owner or Manager: In order for the Detroit Housing Commission (DHC) Housing Choice Voucher (HCV) Program office to process your CHANGE OF OWNERSHIP/MANAGEMENT request, the following documentation is required from the legal Owner(s) of the property. Failure to do so may result in the termination of the ...
the owner's interest pursuant to the HAP Contract, and a transfer of such security interest to a successor secured party. CONTRACT ADMINISTRATOR. HUD or a PHA acting as contract administrator under an ACC with HUD. FULL ASSIGNMENT. An assignment of the HAP contract other than an assignment as security. "Full Assignment" includes a sale,
page 3 of 4 HUD Assignment, Assumption, and Amendment of Section 8 HAP Contract (REV 07-01-2021) {D1174167.DOCX / 1} NOTHING in this Agreement shall in anyway impair the HAP Contract or alter, waive, annul, vary, or affect any provision, condition, or covenant therein, except as herein specifically
28. Project-Based Section 8 Contract Administration Consent to Assignment of HAP Contract to FNMA as Security for FNMA Credit Enhancement: HUD-9648d 29. Project-Based Section 8 Contract Administration Consent to Assignment of HAP Contract as Security for Financing: HUD-9649 30. Consent to Assignment of Senior Preservation Rental Assistance
HAP Contract. The HAP contract is a written agreement between the PHA and the owner of the dwelling unit occupied by a housing choice voucher assisted family. Under the HAP contract, the PHA agrees to make housing assistance payments to the owner on behalf of a specific family occupying a specific unit and obliges the owner to comply with all ...
a. This is a HAP contract between the PHA and the owner. The HAP contract is entered to provide assistance for the family under the Section 8 voucher program (see HUD program regulations at 24 Code of Federal Regulations Part 982). b. The HAP contract only applies to the household and contract unit specified in Part A of the HAP contract. c.
* Starting in June of 2004, the Department required that all Section 8 Housing Assistance Payments (HAP) contracts contain a provision for requiring both physical condition standards and annual fi reporting. These modifications are reflected in the in the January 2005 Assignment/Assumption Amendment. Office of Multifamily Housing Region X ...
HAP contracts typically run concurrently with a related lease agreement. If a lease is extended, so too is the HAP contract. Similarly, if either the owner or renter terminates the agreement, the HAP contract also ceases. ... and the PHA must agree to the assignment of the contract. A PHA will usually require that the buyer of the property ...