Lease/Tenancy Addendum and HAP Contract
Lease/Tenancy Addendum
The Lease must be consistent with State and local law. The Tenancy Addendum is also Part C of the HAP Contract. If the lease has not been amended to incorporate the terms of the Tenancy Addendum it must be attached to the Lease.
ln case of any conflict between the provisions of the tenancy addendum as required by HUD and any other provisions of the lease or any other agreement between the owner and the tenant the requirements of the HUD-required tenancy addendum shall control.
Housing Assistance Payment Contracts
Take your time to read the Housing Assistance Payment (HAP) Contract. lt is a legal agreement between the Housing Authority and the owner by which agencies and landlords agree to comply with to avoid regulation violations. Please read carefully before signing it. HAP is the amount paid by the HHA to the owner; it is the difference between the rent to owner and the tenant's portion of the rent. The term of the HAP contract is the same as term of the lease. According to the Code of Federal Regulations, 24 CFR, Part 982.451, the owner may not demand or accept any rent payment from the tenant in excess of the amount approved by the Housing Authority and stated in the HAP contract.
Owners are required to personally come to our office to execute the HAP Contract and to provide a lease agreement as soon as their tenant(s) have been approved to move in. Please note that failure to do so will result in a payment hold on your account.
Lease Renewal and Request for Rent Increases
Owners may request a rent increase at the time of the lease renewal. The Housing Authority will mail a lease Renewal Form approximately 120 days prior to the tenant's re-certification along with the annual inspection notification. The form must be returned within 15 days; of receipt via mail or fax and forwarded to the Rent Reasonableness Tech for evaluation. Please do not give it to the tenant as we need to process and approve your request prior to the tenant's re-certification appointment.
