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LANDLORD PACKET

Information On Section 8 Housing Choice Voucher And HOME Tenant-Based

Rental Assistance Programs

FOR RENTAL PROPERTY OWNERS AND

MANAGERS

THE LAWRENCE-DOUGLAS COUNTY HOUSING AUTHORITY

April 2014

LDCHA Landlord Packet

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Thank you for your interest in the Lawrence-Douglas County Housing Authority (LDCHA) rental assistance programs: tenant-based vouchers funded through the Section 8 Housing Choice Voucher and HOME programs. These programs pay rent subsidies directly to owners of private rental market units who rent to eligible low-income families. This information packet includes general program information, specific program policies and procedures. Sample copies of required contracts are also included. Take some time to look over the materials and contact the LDCHA office at 842-8110 or visit our web site at www.ldcga.org. TENANT BASED BASICS

The LDCHA, a federally funded public housing agency, operates Section 8 Housing Choice Voucher and HOME Tenant-Based Rental Assistance (TBRA) programs through its offices at 1600 Haskell Avenue. These programs are funded with grants from the U. S. Department of Housing and Urban Development (HUD). All Section 8 and HOME assistance administered by the LDCHA is tenant based - the assistance belongs to the renter, not the rental unit.

CONTRACTS

Federal regulations require a:

Lease or rental agreement between the tenant and the landlord, and

Housing Assistance Payment (HAP) contract between the housing agency and the landlord.

Before these contracts can be established, the housing agency and the tenant must have a written agreement including the terms under which the housing agency provides the subsidy and the tenant’s obligations while receiving housing subsidy. That agreement is called a Voucher.

The rental unit must pass inspection and all three of these written agreements must be in place before tenant based subsidy payments begin. The housing payment contract remains in effect as long as the tenant family and the unit are eligible to receive housing assistance benefits. If the family moves out, the housing payment contract for that rental unit ends. If the owner selects another tenant with housing

assistance, a new housing payment contract is drawn up.

Any document that is part of a lease subsidized through LDCHA’s programs must be pre-approved by the LDCHA. Owners may use their own lease with a HUD required and an LDCHA lease addendum or the owner may elect to use a basic lease provided by the LDCHA. The LDCHA’s tenant-based lease contains all required contract terms, including all federally and locally required addenda. Any lease addenda, rules, rental policies or other items that an owner uses as part of their lease must be submitted for approval and used as addenda to the LDCHA lease. Landlords using their own lease documents must submit fully signed documents to the LDCHA once the unit has passed inspection.

The LDCHA prepares all other contract documents, and will prepare all lease documents if the landlord is using the LDCHA lease. At the request of the landlord the LDCHA can set up a contract briefing with the tenant and the landlord at which all documents are signed and important features of the lease


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and housing assistance contract are explained. The landlord can also request that the documents be sent to them for signing by both the landlord and tenant. The landlord is then responsible for returning the signed documents to the LDCHA. Copies of documents are provided to all parties. Samples of the LDCHA lease and addenda, HUD required lease addendum and Housing Choice Voucher Payment Contract are included further in this packet.

No assistance payments can be made until the effective date of the Housing Assistance Payment contract and that date can not be before the unit has passed inspection.

INSPECTIONS

All units getting federal housing money must pass a housing quality standards inspection before a housing agency can enter into a payment contract with the landlord. After the contract is in place, the unit must pass inspection every year throughout any term of the assisted lease. If a landlord wants to know whether or not their unit will pass inspection, the LDCHA will conduct a review of the property on a time available basis.

Owners selecting tenants with housing assistance are asked to fill out a form called a Request For Tenancy Approval (RFTA). Once these forms are submitted, the landlord can contact the LDCHA to schedule an inspection. Current inspection standards and procedures are included later in this packet.

Annual inspections of units continuing under lease are scheduled with the tenant and a notice sent to the owner. The owner is responsible for needed repairs and maintenance to ensure the unit meets

Housing Quality Standards (HQS).

The LDCHA has two Inspection Initiatives for voucher programs:

1. Biennial Inspection permits units that have passed HQS on the first inspection for two consecutive annual inspections to be inspected every other year.

2. Landlord On-Site-Self Verification

can be submitted in lieu of the Annual re-inspection by landlords on units with non-life threatening non-safety hazards deficiencies.

PAYMENTS

Participating landlords get their total contract rent amount from two sources. The LDCHA mails housing assistance payment checks directly to the landlord on the second working day of each month. The tenant pays rent directly to the landlord in accordance with the terms of the lease. Most tenants have to pay rent. Tenant rent is calculated differently depending on the rent structure that applies to the tenant family. If all adults in the family are elderly, disabled or handicapped, the family is under an income based rent structure. Their rent will be approximately 30% of their adjusted monthly income, plus any difference between the rent charged for the unit and the payment standard for size of unit. If all adults in the family meet the criteria for participation in the Moving To Work rent structure, the family’s rent will be either the minimum rent for the unit, 30% of adjusted monthly income or the maximum rent, plus any difference between the payment standard and the


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total rent charged.

The LDCHA makes all rent and housing payment calculations and gives both the tenant and the landlord written notice of the amounts. This is done at the time the initial contracts are signed and in advance of any change in payment amounts.

SELECTION OF TENANTS

One of the main features of the tenant based programs is that the landlord is in control of tenant screening and selection. No landlord is required to rent to a tenant family if they do not meet the landlord’s tenant selection criteria.

The LDCHA maintains a waiting list of families and individuals that are eligible for housing assistance. The waiting list is in order of date and time of application with preference given to Douglas County residents. Applicants are selected from this list when housing assistance becomes available. Families on the waiting list have been screened on the basis of federal regulations which permit screening for tenant suitability in tenant based programs only on very broad suitability criteria.

The LDCHA requires three years of residential history and can confirm information for prospective landlords, once the tenant has been given a voucher. Further screening and selection of tenants is the responsibility of the landlord. The LDCHA can confirm the names and ages of tenant household members, their current address and landlord, previous address and landlord, if known, and their rental history as a participant in LDCHA programs. Screening information beyond this must be sought through other sources.

Sample forms and information about

screening prospective tenants and lease enforcement is enclosed.

AVAILABLE UNITS

The LDCHA refers tenants searching for rental units to the listings available at KSHOUSING SEARCH.ORG. This is a free site where landlord can list their units as they become available for rent. Any landlord may list their vacant rental units under no obligation to rent the unit to an assisted family. The LDCHA does ask landlords to remove their units once they are no longer available for rent.

SECURITY DEPOSITS

Security deposits are set by the owner AND ARE THE RESPONSIBILITY OF THE TENANT. The owner may collect an advance deposit only up to the maximum amount allowed by local and state law. In Kansas this is one month’s rent for an unfurnished unit and one and one-half month’s rent for a furnished unit. Pet deposits may also be collected up to the maximum of an additional one-half month’s rent. The tenant is responsible for all deposits.

Tenant-caused damages are the responsibility of the tenant and reimbursement for costs associated with repair of tenant-caused damages may be pursued by the landlord through lease enforcement in compliance with state law.

RENT COMPARABILITY AND REASONABLENESS LDCHA staff will make a determination as to the reasonableness of the rent the owner is proposing in comparison to rent for other comparable rents of unassisted units in the private market. The market area for rent comparable and


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reasonableness comparisons is the corporate limits of Lawrence, Kansas and Douglas County, Kansas and is defined by their census track. Units can only be compared to other units in the same census track.

A determination of rent comparable and reasonableness will be made before approval of an initial lease, before any increase in rent to owner if the Douglas County, Kansas published FMR in effect 60 days before the contract anniversary is reduced by 5% or more, if directed by HUD, or as necessary for program operations.

RENT INCREASES

A participating owner may ask for a rent increase once every year. They do not have to offer a new lease to get a rent increase unless they are also changing the renewal term of the lease or the responsibility for utility services. However, there must be a written statement of the new rent amount and effective date of the new rent. This must be signed by both the landlord and the tenant and submitted to the LDCHA at least 60 days before the effective date of the new rent amount.

The LDCHA provides a rent increase addendum at the time of the anniversary date o the lease. An addendum form is sent to the landlord with the notice of the annual inspection. The Landlord can fill in the new rent amount, sign the form, have their tenant sign it, and return it to the LDCHA.

The increase will be made at the anniversary date of the lease (providing that the form is returned at least 60 days before that date) and fully executed copies of the request will be sent to the landlord

and tenant. ROLES AND RESPONSIBILITIES OF KEY PROGRAM PLAYERS To administer the rental subsidy program, the LDCHA enters into contractual relationships with three parties: HUD, the owner, and the family. The roles and responsibilities of HUD, the LDCHA, the owner and the family are defined by Federal housing laws, in Federal regulations and in the legal documents which the parties execute. THE ROLE OF HUD HUD has four major responsibilities: 1. Develop policy, regulations,

Handbooks, Notices and other guidance which interpret housing legislation.

2. Allocate housing assistance funds. 3. Provide technical assistance and

training to housing authorities. 4. Monitor LDCHA compliance with

program requirements and production goals.

HUD's responsibilities are defined in 24 CFR Parts 5, and 982 of the Federal Regulations. For the HOME Investment Partnership Program, HUD's responsibilities are defined in 24 CFR Part 92. THE ROLE OF THE LDCHA The LDCHA serves as contract administrator for HUD and has four broad areas of responsibility: 1. Certifies eligibility of tenants; 2. Approves units and leases; 3. Pay Housing Assistance to Owners

and calculates tenant rent; 4. Monitors program performance and

compliance with federal and local


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rules; The LDCHA does not act as the landlord, as it does in the Public Housing Program (e.g., the LDCHA is not responsible for tenant selection or screening or for lease enforcement.) LDCHA responsibilities are defined in the certificate or voucher the tenant signs, the Housing Assistance Payment (HAP) Contract, and in 24 CFR Parts 5, and 982. THE ROLE OF THE OWNER The Owner has the following major responsibilities: 1. Tenant screening and selection. 2. Compliance with HAP Contract, the

approved lease and the program lease addendum.

3. Normal landlord functions during the lease term (e.g. maintenance, rent collection, lease enforcement).

Owner responsibilities are defined in the HAP or Housing Voucher Contract, the Lease and 24 CFR Part 982. THE ROLE OF THE FAMILY The family has the following responsibilities: 1. Report income and family information

needed to permit the LDCHA to certify eligibility and calculate rent.

2. Search for and locate eligible rental housing.

3. Pay tenant portion of the rent, security deposit (if required), and adhere to lease requirements.

4. Cooperate with the LDCHA in annual inspections, reexaminations and comply with the rules of the housing assistance programs.

Family obligations are defined in the Certificate of Family Participation or the Housing Voucher, in the Lease, and in 24 CFR Part 982. SCREENING AND TENANT

SELECTION

Until the housing act of 1998, federal regulations prohibited the LDCHA from screening applicants for tenant-based programs on the basis of tenant suitability. Housing authorities could not deny waiting list placement or housing assistance on the basis of suitability as a tenant. The LDCHA began screening all applicants for the waiting list in 1999. The screening criteria are very broad and is not to be considered a replacement for complete screening on the part of the landlord.

The LDCHA has rental history information only on persons that have been tenants in its programs and can provide this information to prospective landlords upon request when a participating tenant has been issued assistance and is looking for a new unit. Information concerning current residence and household membership is available on persons who have not previously participated in LDCHA programs.

The LDCHA encourages all landlords to develop their own rental criteria and screen all prospective tenants. The screening criteria presented here are examples only and are not required for participation in LDCHA programs. Landlords using screening criteria should document the information they collect through the use of an application for housing and a reference check questionnaire. If you request information from former landlords, police, credit bureau, etc. you must use a release of information form signed by the prospective tenant. Sample reference questionnaire and release forms are enclosed.

Please feel free to contact the LDCHA


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office if you want more information about this matter.

SAMPLE TENANT SCREENING CRITERIA

1. History of Recent Serious Criminal Activity

Includes cases in which a member of the family who is expected to reside in the household was or is engaged in prostitution, sale of narcotics, or other serious criminal activity, provided that involvement in such activity shall not be grounds for ineligibility if it occurred more than five (5) years prior to application.

2. Pattern of Violent Behavior

Includes evidence of repeated acts of violence on the part of an individual, or a pattern of conduct constituting a danger to peaceful occupation of neighbors.

3. Confirmed Drug Addiction

Includes evidence of confirmed drug addiction such as a record of more than one arrest for possession or use of heroin or other narcotics, or reports from a probation officer, a social agency, or the family itself to the effect that the individual is addicted. In cases where the confirmed addict is undergoing follow-up treatment by a professional agency after discharge from an institution, the applicant shall not be considered ineligible.

4. Rape or Sexual Deviation

Includes individuals who have been involved as offenders in rape, indecent exposure, sodomy, carnal abuse and

impairing the morals of a minor. Exception is permitted in the case of an individual under 16 years of age when he/she was involved in such offense and evidence from a reliable source shows that the individual may be considered rehabilitated.

5. Initiating Threats

Behaving in a manner indicating intent to assault employees or other tenants.

6. Abandonment of a Dwelling Unit

Failure to provide notice of any kind to a previous landlord and leaving property unattended.

7. Intentionally Falsifying an Application for Leasing

Includes giving false information regarding family income, size, and/or utilization of an alias on the application for housing.

8. Record of Serious Disturbances of Neighbors, Destruction of Property or Other Disruptive or Dangerous Behavior

Consists of patterns of behavior which endanger the life, safety, morals, or welfare of other persons by physical violence, gross negligence or irresponsibility; which damage the equipment or premises in which the applicant resides; or which seriously disturb neighbors or disrupt sound family and community life, indicating the applicant's inability to adapt to living in a multi-family setting. Includes neglect of children, which endangers their health, safety or welfare; termination by the courts of tenancy in previous housing on the


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grounds of nuisance or objectionable conduct or frequent loud parties, which have resulted in serious disturbance to neighbors.

9. Grossly Unsanitary or Hazardous Housekeeping

Includes the creation of a fire hazard through such acts as hoarding of rags and papers; severe damage to premises and equipment, if it is established that the family is responsible for the condition; seriously affecting neighbor by causing infestation, foul odors, or depositing garbage in hall; or serious neglect of the premises. This category does not include families whose housekeeping is found to be superficially unclean or to lack orderliness, where such conditions do not create a problem for neighbors.

10. Applicant's Credit History and Record as a Tenant

Includes late payment or non-payment of rent and other charges due under a lease or rental agreement, judgments for payment, and other debts that indicate financial instability and/or a pattern of failure to meet financial responsibilities.

Also includes tenant-caused damages to previous rental units and other serious violations of a lease or rental agreement.

11. Disregard for Rules of Occupancy and Rights of Others

A pattern of behavior, which demonstrates an inability to live within reasonable set standards or rules. Usually based on lease or rental agreement violations from previous

rental history.

HOUSING QUALITY STANDARDS The Housing Quality Standards (HQS) of the LDCHA are a combination of federal Housing Quality Standards set by HUD and local Housing Codes adopted by the City of Lawrence. Standards from the City of Lawrence Housing Code for existing residential structures that are more specific or more stringent than federal inspection criteria are reviewed by the LDCHA Board of Housing Commissioners and adopted as required inspection criteria for LDCHA tenant based rental assistance programs. In determining LDCHA HQS standards, special attention is given to ensuring that housing choice is not restricted. The LDCHA HQS criteria are contained in an inspection booklet. This booklet is made up of form HUD-52580, Inspection Checklist for the Housing Choice Voucher Program, and a Local Housing Code criteria checklist of the LDCHA inspection criteria not listed on the HUD form. At least annually, LDCHA HQS are reviewed for compliance with federal and local housing criteria. Changes in federal inspection requirements are implemented in conformance with federal statutes, regulations and notices. Recommendations for changes to LDCHA HQS resulting from changes in local Housing Code are developed by staff based upon the annual comparison of federal and local standards or upon notice of changes in applicable standards or codes. The Board of Housing Commissioners determines which standards from local Housing Code are adopted as part of LDCHA HQS. Enforcement of new inspection requirements approved by the Board of Housing Commissioners will begin one


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full rent period following the month in which participating owners are notified of the requirement. Windows Screens or combination storm/screens are required on windows of all rooms other than garage or detached storage spaces. Outside locks or other obstructions limiting egress on all windows except outside storage spaces are prohibited. Bedroom windows that are sealed shut are prohibited. Exits Every dwelling unit is required to be provided with at least one primary means of egress and at least one secondary fire exit. A primary means of egress shall be one of the following: A door not less than 24 inches wide and not less than 76 inches high leading to a hallway or stairway (or combination thereof) providing an unobstructed means of egress to the public way. The means of egress shall be maintained in a manner that is safe in the judgment of the housing inspector. Any approved means of egress leading to the public way permitted by city code. Other means of egress approved by the City of Lawrence Code Enforcement Department. Secondary fire exits shall be one of the following:

1. A window to the outside having a minimum net clear open-able area of 5 square feet with no dimension less than 16 inches. The finished sill height shall not be more than 48 inches above the floor.

2. A door not less than 24 inches wide and not less than 72 inches high leading to an exterior balcony, exterior stair, or the public way.

3. Other means of egress approved by the City of Lawrence Code Enforcement Department.

Ceiling Height All habitable rooms except kitchens and basement rooms must have a minimum ceiling height of 7'. Kitchens, bathrooms, hallways and basement rooms must have a minimum ceiling height of 6' 6". Unit Size All units must have at least one habitable room with a minimum area of 150 sq. ft. All sleeping rooms must have a minimum area of 70 sq. ft., and if the room is to be occupied by more than one person, an additional area of at least 50 sq. ft. for each occupant over 2 years of age. All habitable rooms, other than kitchens, may not be less than 7' in any dimension. Efficiency apartments must have at least one room with a minimum floor area of 220 sq. ft. and an additional area of 100 sq. ft. for each additional occupant in excess of two. Sinks, Tubs, Shower Enclosures and Toilets Sinks, tubs, shower enclosures and toilets must be free from chips, scratches or other large breaks in the non-porous surface. (Large is defined as the size of a quarter or larger for chips, and longer than 1/2" for scratches.) All drains, handles, overflows and other plumbing must to be free of rust and signs of deterioration. Bathrooms: All bathrooms must be separated from food preparation areas by a tight fitting door. Toilet enclosures must be a minimum of 30" in width and have a minimum of 24" in front of the toilet. All bathroom electrical outlets must be equipped with ground fault circuit


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interrupters. At least one outlet with a ground fault circuit interrupter must be located adjacent to the wash basin. Electrical All habitable rooms must have a minimum of 3 duplex outlets, or 2 duplex outlets and one fixture, evenly spaced throughout the room. Kitchens Countertop outlets on a sink wall must have a ground fault circuit interrupter. Roofs More than three layers of shingles on the roof is prohibited. Chimneys All newly installed chimneys in existing structures must be lined. Adequacy of Heating All units must be equipped with a heat source capable of maintaining a

temperature of 70o at a height 3' above the floor in all habitable rooms, including the kitchen as a habitable room. Plumbing Gas lines must be plumbed with black metal pipe, not copper. Water supply lines must be plumbed with metal pipe, not plastic. Smoke Detectors:

All units must be equipped with an operable smoke detector.

1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.

2. In each room used for sleeping purposes.

3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the

adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.

All buildings with three or more units must be equipped with an operable fire extinguisher in each unit. Substandard Buildings: Any dwelling unit, or the premises on which the unit is located, in which there exists any of the following listed conditions shall be deemed to be a substandard building.

1. Hazardous Wiring. All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner.

2. Hazardous Plumbing. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross-connections and siphonage between fixtures.

3. Hazardous Mechanical Equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.

4. Faulty Weather Protection, which shall include but not be limited to the following: Deteriorated, crumbling or


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loose plaster; deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows and doors; defective or missing weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering; broken, rotted, split or buckled exterior wall or roof coverings.

5. Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the housing inspector, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

6. Faulty Materials of Construction. All materials of construction except those which are specifically allowed or approved by city code, and which have been adequately maintained in good and safe condition.

7. Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.

8. Inadequate Maintenance. Any building or portion thereof which is determined to be an unsafe building in accordance with city code.

9. Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by city code except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained an increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed.

10. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.

ASSISTED HOUSING LEASE AGREEMENT This lease, made and entered into by and between [PAYEENAME] (herein after "Landlord") and [TENANTNAME] (herein after "Tenant") for the following premises commonly described as follows: [TENANTPHYADD1], [TENANTPHYCITY], [TENANTPHYSTATE] [TENANTPHYZIP] (herein after "Dwelling Unit"). 1. HOUSING ASSISTANCE PAYMENTS CONTRACT This Lease has been signed by the parties hereto on the condition that the Lawrence-Douglas County Housing Authority ("LDCHA"), a local housing authority administering the Housing Choice Voucher and Home TBRA programs of the United States Department of Housing and Urban Development ("HUD"), will promptly execute or has executed a Housing Assistance Payment Contract, (herein after "Contract") with the Landlord. This Lease shall not become effective unless the LDCHA has executed the above referenced Contract with the Landlord within 60 days of the first day of the term of this Lease. Under the Contract, the LDCHA will make housing assistance payments to the Landlord to assist the family, of which the Tenant is the representative, to lease the Dwelling Unit from the Landlord. This Lease shall end no later than the termination date of the Contract. In the event that the LDCHA determines, after giving reasonable notice and opportunity to respond to the Tenant, that the Tenant is ineligible for further housing assistance, the LDCHA shall notify the Landlord and the Tenant of such determination. Such determination shall be grounds for termination of this Lease agreement by the Landlord. 2. TERM OF LEASE Initial term of lease. (Enter first and last date of the initial term.) The initial term begins on: [APPROVDATE] The initial term ends on: _______________ and shall so renew at the end of each successive term as described in the attached addendum unless written notice to end the Lease is given as described in the attached addendum. 3. RENT A. The amount of total monthly rent payable to the Landlord during the term of this Lease ("Contract Rent") shall be determined in accordance with the Contract between the Landlord and the LDCHA. Any adjustment in the Contract Rent shall be requested in writing by the Landlord and have prior written approval of the Tenant and the LDCHA. Initially and until such approved adjustment, the CONTRACT RENT SHALL BE $ [S8GROSSRENT] PER MONTH. B. The portion of the Contract Rent payable by the Tenant ("Tenant Rent") shall be an amount determined by the LDCHA in accordance with HUD regulations and requirements. The amount of Tenant Rent is subject to change as determined by the LDCHA during the term of this Lease. Any change in the amount of Tenant Rent will be stated in a written notice by the LDCHA to the Tenant and the Landlord, stating the new Tenant Rent amount and the effective date of change. The Tenant agrees to pay Tenant Rent to the Landlord, on the 1st of each month during the term of this Lease. The Landlord agrees to allow until the fifth (5th) day of the month before taking action against the Tenant for late payment of Tenant Rent or non-payment of Tenant Rent. Initially, and until notification by the LDCHA to the Tenant and the Landlord of an approved change in the distribution of payment, TENANT RENT WILL BE $[S8NTTP] PER MONTH. C. Each month the LDCHA will pay a housing assistance payment (HAP) to the Landlord on the behalf of the Tenant in accordance with the Contract. This amount is subject to change as determined by the LDCHA. Any change will be stated in a written notice by the LDCHA to the Tenant and the Landlord. Initially, and until notification by the LDCHA to the Tenant and the Landlord of an approved change in distribution of payment, HAP WILL BE $[S8PMT] PER MONTH. D. The Landlord and Tenant agree that charges for additional services, facilities and/or amenities must have prior written approval of the LDCHA and be incorporated with this Lease by a fully executed addendum. E. Any payment for a period of less than one month shall be in an amount determined on the basis of a daily prorate of the monthly Tenant Rent and/or HAP as determined by the LDCHA. SAMPLE

4. SECURITY DEPOSIT The Tenant has deposited the sum of $_______ with the Landlord as a security deposit. "Security deposit", as used herein, means any sum of money specified in this Lease, however denominated, to be deposited with the Landlord by the Tenant as a condition precedent to the occupancy of the Dwelling Unit, which sum of money, or any part thereof, may be forfeited by the Tenant under the terms of this Lease upon the occurrence or breach of conditions specified herein. The Tenant agrees and understands that any security deposit is not prepayment of rent and does not constitute a trust fund. 5. UTILITIES AND APPLIANCES A. The Landlord shall provide the utilities listed in Landlord Supplied below for the Dwelling Unit without any additional charge to the Tenant. The Tenant agrees to place accounts for the utilities listed in Tenant Supplied in the Tenant's name and to maintain service for these utilities throughout the term of this Lease. Type of Utility Landlord Supplied Tenant Supplied Heating (GAS) X X Cooking (ELECT ) X X Other Electric X X Air Conditioning X X Water Heating (GAS) X X Water X X Sewer X X Trash Collection X X Range/Refrigerator X________ Refrigerator X________ B. The Landlord shall provide the following other appliances for the Dwelling Unit:__________________________________ 6. MAINTENANCE AND SERVICES The Landlord warrants at the signing of this Lease that the premises described herein are in compliance with K.S.A. 58-2553 of the Kansas Residential Landlord and Tenant Act which requires compliance with local housing and building codes and maintenance of all systems in good and safe working order. The Landlord shall make all necessary repairs, alterations and improvements to the Dwelling Unit, appliances and furnishings with reasonable promptness at his or her own cost and expense, except as otherwise provided in this Lease. 7. TENANT WARRANTS A. The Tenant shall be entitled to the use of the premises for his or her peaceful and quiet enjoyment and beneficial use, except that he or she shall not keep anything on the premises which will effect the validity of standard fire and insurance policies or violate any local building, zoning or health code. B. The property shall also not be used in any manner which tends to interfere with the peaceful possession of adjoining premises by other tenants. C. The Tenant shall keep that part of the premises that such Tenant occupies and uses as clean and safe as the condition of the premises permits and shall notify the Landlord of repairs as needed. D. The Tenant shall remove from the Dwelling Unit all ashes, rubbish, garbage and other waste in a clean and safe manner. E. The Tenant shall keep all plumbing fixtures in the Dwelling Unit or used by the Tenant as clean as their condition permits. F. The Tenant shall use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, if any, in the premises. G. The Tenant shall be responsible for any destruction, defacement, damage, impairment or removal of any part of the premises caused by an act or omission of the Tenant or By any person or animal or pet on the premises at any time with the express or implied permission or consent of the Tenant. H. The Tenant shall not be liable for repair of damages caused by normal wear and tear or negligence on the part of the Landlord. I. The Tenant shall not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the Tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other adjoining tenants. J. No substantial alteration, addition, improvements or redecoration shall be made by the Tenant in or to his or her Dwelling Unit without the prior written consent of the Landlord or his or her agent. K. The Tenant shall not place obstructions in the entrances and/or hallways, if any, appurtenant to the leased premises of Dwelling Unit nor allow children or guests to do any of the things which will annoy, embarrass, inconvenience or damage the premises, the Landlord or other person. L. The Tenant shall observe and comply with such reasonable rules as the Landlord may prescribe on written notice to the Tenant for the safety, care or cleanliness of the premises and for the comfort, quiet and convenience of other occupants of the building, if any.

SAMPLE

8. SUBSTANTIAL DAMAGE TO UNIT, NOT CAUSED BY TENANT A. If the premises or Dwelling Unit herein leased are damaged or destroyed by fire or casualty to an extent that the use and habitability of the Dwelling Unit is substantially impaired and such damage was not caused by the Tenant, the Tenant either: 1. May vacate the premises immediately and shall notify the Landlord in writing within five (5) days thereafter of such Tenant's intention to terminate this lease, in which case this Lease terminates as of the date of vacating; or 2. If continued occupancy is lawful, the Tenant may vacate any part of the Dwelling Unit rendered unusable by the fire or casualty, in which case the Tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the Dwelling Unit. B. If this Lease is terminated pursuant to this Section, the Landlord shall return that portion of the security deposit recoverable by the Tenant under the Kansas Residential Landlord and Tenant Act, and accounting for rent in the event of either termination of this Lease or apportionment of rent shall occur as of the date of vacating. 9. LANDLORD ENTRY A. The Landlord shall have the right to enter the Dwelling Unit at reasonable hours, after reasonable notice to the Tenant, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the Dwelling Unit to prospective or actual purchasers, mortgages, tenants, workmen or contractors. B. The Landlord may enter the Dwelling Unit without the consent of the Tenant in case of an extreme hazard involving the potential loss of life or severe property damage. C. The Landlord shall not abuse the right of access or use it to harass the Tenant. 10. USE AND OCCUPANCY OF DWELLING UNIT A. Unless otherwise agreed to in writing, the Tenant agrees not to use or permit the use of the Dwelling Unit for any purpose other than as a private dwelling solely for the Tenant and his or her family and/or dependents as listed in this section of this Lease. This provision does not apply to reasonable accommodation of the Tenant's guests and visitors whose stay is less than thirty (30) days. The Tenant shall notify the LDCHA and the Landlord of any anticipated extended absence from the premises in excess of seven (7) days no later than the first day of the extended absence. B. The Tenant shall have no more than [NUMINFAMILY] persons residing in the Dwelling Unit during the term of this Lease. The Tenant shall not give accommodation to boarders or lodgers. All persons residing in the Dwelling Unit shall have the prior written consent of the Landlord and the LDCHA. As of the date of this Lease, and until further permission, in writing, is given by the Landlord, the following person/s are authorized to reside in the Dwelling Unit: [TENANTNAME] [FM2FNAME] [FM2LNAME] [FM3FNAME] [FM3LNAME] [FM4FNAME] [FM4LNAME] [FM5FNAME] [FM5LNAME] [FM6FNAME] [FM6LNAME] [FM7FNAME] [FM7LNAME] [FM8FNAME] [FM8LNAME] [FM9FNAME] [FM9LNAME]

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11. KANSAS LANDLORD AND TENANT ACT; APPLICABLE LAW All of the provisions of the Kansas Residential Landlord and Tenant Act (K.S.A. 58-2540 et seq.), to the extent that said provisions are not in conflict with Federal law and regulations, shall apply to and govern this Lease and all particulars for which specific provision is not made herein or permitted herein, and if any provision of this Lease shall be inconsistent with said Act or rendered unenforceable by due process of law, then the provisions of said Act shall govern and the unenforceable portion of this Lease shall be stricken here from; however, all of the remaining terms and conditions of this Lease shall remain in full force and effect as between the parties. This Lease constitutes a contract under the laws of the State of Kansas and shall be construed according to and shall be governed by the laws of the State of Kansas. 12. ACCOMMODATIONS FOR PERSONS WITH DISABILITIES A handicapped or disabled person shall be provided with reasonable accommodation to the extent necessary so they may enjoy the same benefit, use, and occupancy of the dwelling unit as any other non-disabled person. The tenant(s) may, at any time, request in writing reasonable accommodations for a household member's disability. 13. PETS With respect to the keeping of any animal or pet on the premises by Tenant, the following conditions will apply: ___________________________________________________________________________________________________ 14. WAIVER A waiver by the Landlord of any default or breach herein shall not be construed to be a continuing waiver of such default or breach nor as a waiver or permission, express or implied of any other or subsequent default or breach. 15. ORAL AGREEMENTS No oral agreements by the Landlord or the Tenant shall be binding on either party. 16. EMINENT DOMAIN If the leased premises or any part thereof are taken by virtue of eminent domain, this Lease shall expire on the date when the same shall be so taken, and the rent shall be apportioned as of said date. No part of any award for such taking of the leased premises, however, shall belong to the Tenant. 17. OTHER TERMS AND CONDITIONS At the discretion of the Landlord, a late payment penalty of $__________ may be applied to Tenant Rent payments received after the fifth day of the month. ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________

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18. HUD REQUIRED TENANCY ADDENDUM - Entire Part C of the HAP Contract

1. Section 8 Voucher Program a. The owner is leasing the contract unit to the tenant for occupancy by the tenant’s family with assistance for a tenancy under the Section 8 housing choice voucher program (voucher program) of the United States Department of Housing and Urban Development(HUD). b. The owner has entered into a Housing Assistance Payments Contract (HAP contract) with the PHA under the voucher program. Under the HAP contract, the PHA will make housing assistance payments to the owner to assist the tenant in leasing the unit from the owner. 2. Lease a. The owner has given the PHA a copy of the lease, including any revisions agreed by the owner and the tenant. The owner certifies that the terms of the lease are in accordance with all provisions of the HAP contract and that the lease includes the tenancy addendum. b. The tenant shall have the right to enforce the tenancy addendum against the owner. If there is any conflict between the tenancy addendum and any other provisions of the lease, the language of the tenancy addendum shall control. 3. Use of Contract Unit a. During the lease term, the family will reside in the contract unit with assistance under the voucher program. b. The composition of the household must be approved by the PHA. The family must promptly inform the PHA of the birth, adoption or court-awarded custody of a child. Other persons may not be added to the household without prior written approval of the owner and the PHA. c. The contract unit may only be used for residence by the PHA-approved household members. The unit must be the family’s only residence. Members of the household may engage in legal profit making activities incidental to primary use of the unit for residence by members of the family. d. The tenant may not sublease or let the unit. e. The tenant may not assign the lease or transfer the unit. 4. Rent to Owner a. The initial rent to owner may not exceed the amount approved by the PHA in accordance with HUD requirements. b. Changes in the rent to owner shall be determined by the provisions of the lease. However, the owner may not raise the rent during the initial term of the lease. c. During the term of the lease (including the initial term of the lease and any extension term),the rent to owner may at no time exceed: (1) The reasonable rent for the unit as most recently determined or re-determined by the PHA in accordance with HUD requirements, or (2) Rent charged by the owner for comparable unassisted units in the premises. 5. Family Payment to Owner a. The family is responsible for paying the owner any portion of the rent to owner that is not covered by the PHA housing assistance payment. b. Each month, the PHA will make a housing assistance payment to the owner on behalf of the family in accordance with the HAP contract. The amount of the monthly housing assistance payment will be determined by the PHA in accordance with HUD requirements for a tenancy under the Section 8 voucher program. c. The monthly housing assistance payment shall be credited against the monthly rent to owner for the contract unit. d. The tenant is not responsible for paying the portion of rent to owner covered by the PHA housing assistance payment under the HAP contract between the owner and the PHA. A PHA failure to pay the housing assistance payment to the owner is not a violation of the lease. The owner may not terminate the tenancy for nonpayment of the PHA housing assistance payment. e. The owner may not charge or accept, from the family or from any other source, any payment for rent of the unit in addition to the rent to owner. Rent to owner includes all housing services, maintenance, utilities and appliances to be provided and paid by the owner in accordance with the lease. f. The owner must immediately return any excess rent payment to the tenant. 6. Other Fees and Charges a. Rent to owner does not include cost of any meals or supportive services or furniture which may be provided by the owner. b. The owner may not require the tenant or family members to pay charges for any meals or supportive services or furniture which may be provided by the owner. Nonpayment of any such charges is not grounds for termination of tenancy. c. The owner may not charge the tenant extra amounts for items customarily included in rent to owner in the locality, or provided at no additional cost to unsubsidized tenants in the premises. 7. Maintenance, Utilities, and Other Services a. Maintenance (1) The owner must maintain the unit and premises in accordance with the HQS. (2) Maintenance and replacement (including redecoration) must be in accordance with the standard practice for the building concerned as established by the owner.

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b. Utilities and appliances (1) The owner must provide all utilities needed to comply with the HQS. (2) The owner is not responsible for a breach of the HQS caused by the tenant’s failure to: (a) Pay for any utilities that are to be paid by the tenant. (b) Provide and maintain any appliances that are to be provided by the tenant. c. Family damage. The owner is not responsible for a breach of the HQS because of damages beyond normal wear and tear caused by any member of the household or by a guest. d. Housing services. The owner must provide all housing services as agreed to in the lease. 8. Termination of Tenancy by Owner a. Requirements. The owner may only terminate the tenancy in accordance with the lease and HUD requirements. b. Grounds. During the term of the lease (the initial term of the lease or any extension term), the owner may only terminate the tenancy because of: (1) Serious or repeated violation of the lease; (2) Violation of Federal, State, or local law that imposes obligations on the tenant in connection with the occupancy or use of the unit and the premises; (3) Criminal activity or alcohol abuse (as provided in paragraph c);or (4) Other good cause (as provided in paragraph d). c. Criminal activity or alcohol abuse. (1) The owner may terminate the tenancy during the term of the lease if any member of the household, a guest or another person under a resident’s control commits any of the following types of criminal activity: (a) Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of the premises by, other residents (including property management staff residing on the premises); (b) Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises; (c) Any violent criminal activity on or near the premises; or (d) Any drug-related criminal activity on or near the premises. (2) The owner may terminate the tenancy during the term of the lease if any member of the household is: (a) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or (b) Violating a condition of probation or parole under Federal or State law. (3) The owner may terminate the tenancy for criminal activity by a household member in accordance with this section if the owner determines that the household member has committed the criminal activity, regardless of whether the household member has been arrested or convicted for such activity. (4) The owner may terminate the tenancy during the term of the lease if any member of the household has engaged in abuse of alcohol that threatens the health, safety or right to peaceful enjoyment of the premises by other residents. d. Other good cause for termination of tenancy (1) During the initial lease term, other good cause for termination of tenancy must be something the family did or failed to do. (2) During the initial lease term or during any extension term, other good cause may include: (a) Disturbance of neighbors, (b) Destruction of property, or (c) Living or housekeeping habits that cause damage to the unit or premises. (3)After the initial lease term, such good cause may include: (a) The tenant’s failure to accept the owner’s offer of a new lease or revision; (b) The owner’s desire to use the unit for personal or family use or for a purpose other than use as a residential rental unit; or (c) A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, the owner’s desire to rent the unit for a higher rent). (5)The examples of other good cause in this paragraph do not preempt any State or local laws to the contrary.

(6) In the case of an owner who is an immediate successor in interest pursuant to foreclosure during the term of the lease, requiring the tenant to vacate the property prior to sale shall not constitute other good cause, except that the owner may terminate the tenancy effective on the date of transfer of the unit to the owner if the owner: (a) will occupy the unit as a primary residence; and (b)has provided the tenant a notice to vacate at least 90days before the effective date of such notice. This provision shall not affect any State or local law that provides for longer time periods or addition protections for tenants. This provision will sunset on December31,2012unless extended by law.

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e. Protections for Victims of Abuse.

(1) An incident or incidents of actual or threatened domestic violence, dating violence, or stalking will not be construed as serious or repeated violations of the lease or other “good cause” for termination of the assistance, tenancy, or occupancy rights of such a victim.

(2) Criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of domestic violence, dating violence, or stalking.

(3) Notwithstanding any restrictions on admission, occupancy, or terminations of occupancy or assistance, or any Federal, State or local law to the contrary, a PHA, owner or manager may “bifurcate” a lease, or otherwise remove a household member from a lease, without regard to whether a household member is a signatory to the lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others. This action may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of the violence who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program.

(4) Nothing in this section may be construed to limit the authority of a public housing agency, owner, or manager, when notified, to honor court orders addressing rights of access or control of the property, including civil protection orders issued to protect the victim and issued to address the distribution or possession of property among the household members in cases where a family breaks up.

(5) Nothing in this section limits any otherwise available authority of an owner or manager to evict or the public housing agency to terminate assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public housing agency does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate. (6) Nothing in this section may be construed to limit the authority of an owner or manager to evict, or the public housing agency to terminate assistance, to any tenant if the owner, manager, or public housing agency can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if the tenant is not evicted or terminated from assistance.

(7) Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, or stalking. f. Eviction by court action. The owner may only evict the tenant by a court action. g. Owner notice of grounds (1) At or before the beginning of a court action to evict the tenant, the owner must give the tenant a notice that specifies the grounds for termination of tenancy. The notice may be included in or combined with any owner eviction notice. (2) The owner must give the PHA a copy of any owner eviction notice at the same time the owner notifies the tenant. (3) Eviction notice means a notice to vacate, or a complaint or other initial pleading used to begin an eviction action under State or local law. 9. Lease: Relation to HAP Contract If the HAP contract terminates for any reason, the lease terminates automatically. 10. PHA Termination of Assistance The PHA may terminate program assistance for the family for any grounds authorized in accordance with HUD requirements. If the PHA terminates program assistance for the family, the lease terminates automatically. 11. Family Move Out The tenant must notify the PHA and the owner before the family moves out of the unit.

12. Security Deposit a. The owner may collect a security deposit from the tenant. (However, the PHA may prohibit the owner from collecting a security deposit in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. Any such PHA-required restriction must be specified in the HAP contract.) b. When the family moves out of the contract unit, the owner, subject to State and local law, may use the security deposit, including any interest on the deposit, as reimbursement for any unpaid rent payable by the tenant, any damages to the unit or any other amounts that the tenant owes under the lease. c. The owner must give the tenant a list of all items charged against the security deposit, and the amount of each item. After deducting the amount, if any, used to reimburse the owner, the owner must promptly refund the full amount of the unused balance to the tenant. d. If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may collect the balance from the tenant. 13. Prohibition of Discrimination In accordance with applicable equal opportunity statutes, Executive Orders, and regulations, the owner must not discriminate against any person because of race, color, religion, sex, national origin, age, familial status or disability in connection with the lease.

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14. Conflict with Other Provisions of Lease a. The terms of the tenancy addendum are prescribed by HUD in accordance with Federal law and regulation, as a condition for Federal assistance to the tenant and tenant’s family under the Section 8 voucher program. b. In 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. 15. Changes in Lease or Rent a. The tenant and the owner may not make any change in the tenancy addendum. However, if the tenant and the owner agree to any other changes in the lease, such changes must be in writing, and the owner must immediately give the PHA a copy of such changes. The lease, including any changes, must be in accordance with the requirements of the tenancy addendum. b. In the following cases, tenant-based assistance shall not be continued unless the PHA has approved a new tenancy in accordance with program requirements and has executed a new HAP contract with the owner: (1) If there are any changes in lease requirements governing tenant or owner responsibilities for utilities or appliances; (2) If there are any changes in lease provisions governing the term of the lease; (3) If the family moves to a new unit, even if the unit is in the same building or complex. c. PHA approval of the tenancy, and execution of a new HAP contract, are not required for agreed changes in the lease other than as specified in paragraph b. d. The owner must notify the PHA of any changes in the amount of the rent to owner at least sixty days before any such changes go into effect, and the amount of the rent to owner following any such agreed change may not exceed the reasonable rent for the unit as most recently determined or re-determined by the PHA in accordance with HUD requirements. 16. Notices Any notice under the lease by the tenant to the owner or by the owner to the tenant must be in writing.

17. Definitions Contract unit. The housing unit rented by the tenant with assistance under the program. Family. The persons who may reside in the unit with assistance under the program. HAP contract. The housing assistance payments contract between the PHA and the owner. The PHA pays housing assistance payments to the owner in accordance with the HAP contract. Household. The persons who may reside in the contract unit. The household consists of the family and any PHA-approved live-in aide. (A live-in aide is a person who resides in the unit to provide necessary supportive services for a member of the family who is a person with disabilities.) Housing quality standards (HQS). The HUD minimum quality standards for housing assisted under the Section 8 tenant-based programs. HUD. The U.S. Department of Housing and Urban Development. HUD requirements.HUD requirements for the Section8 program. HUD requirements are issued by HUD headquarters, as regulations, Federal Register notices or other binding program directives. Lease. The written agreement between the owner and the tenant for the lease of the contract unit to the tenant. The lease includes the tenancy addendum prescribed by HUD. PHA. Public Housing Agency. Premises. The building or complex in which the contract unit is located, including common areas and grounds. Program. The Section 8 housing choice voucher program. Rent to owner. The total monthly rent payable to the owner for the contract unit. The rent to owner is the sum of the portion of rent payable by the tenant plus the PHA housing assistance payment to the owner. Section 8. Section 8 of the United States Housing Act of 1937 (42 United States Code 1437f). Tenant. The family member (or members) who leases the unit from the owner. Voucher program. The Section 8 housing choice voucher program. Under this program, HUD provides funds to a PHA for rent subsidy on behalf of eligible families. The tenancy under the lease will be assisted with rent subsidy for a tenancy under the voucher program.

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19. NOTICE The Tenant is hereby notified that the manager and the Landlord or the Landlord's agent are as follow: Manager: [PAYEENAME] Address: [PAYEEADD1] [PAYEEADD2] [PAYEECITY], [PAYEESTATE] [PAYEEZIP] Telephone: [VENDORPH1] Owner/Agent [VENDORNAME] IN WITNESS WHEREOF, the parties hereto have set their hands unto the Lease Agreement on the date(s) indicated below. By their signatures, the Tenant and the Landlord acknowledge that they have read this agreement and that all terms and conditions have been explained to their satisfaction. For the Tenant: (All family members over age 18 must sign) _____________________________________________________________ [FMHFNAME] [FMHLNAME] ______________________________ Date _____________________________________________________________ [FMSFNAME] [FMSLNAME] ______________________________ Date _____________________________________________________________ Other Adult Family Member/s ______________________________ Date For the Landlord: _____________________________________________________________ [PAYEENAME] ______________________________ Date

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ASSISTED HOUSING LEASE ADDENDUM

FOR AUTOMATIC RENEWAL AND LDCHA ANNUAL RECERTIFICATION DATE FOR TENANT: [TENANTNAME] at [TENANTPHYADD1]

1. Initial term of lease and Automatic lease renewal. The initial term begins on: ____________________ The initial term ends on: ____________________ This Lease shall have an anniversary date of renewal. This Lease shall renew (check one): _____ Monthly _____ Annually and shall so renew at the end of each successive term thereafter until written notice to terminate the lease is given by either the landlord or the tenant before the end of any term as indicated below (check one): The Kansas Landlord Residential Tenant Act shall prevail for monthly renewals (which requires only a thirty days notice) and in cases where no mark has been denoted below. _____ 30 Days _____ 60 Days _____ 90 Days 2. LDCHA Annual Recertification Process Date [DATENEXTEXAM]. The annual recertification process commences at least 90 days prior to the end date of the Housing Assistance Payment (HAP) contract. The annual process includes verification of rent reasonableness for a requested rent increase, passing the Housing Quality Inspection (HQS) and the successful completion of the annual recertification packet to determine the HAP. Landlord _____________________________________ Date______________________ Tenant _____________________________________ Date______________________ SAMPLE

ASSISTED HOUSING LEASE ADDENDUM

FOR AUTOMATIC RENEWAL AND LDCHA ANNUAL RECERTIFICATION DATE FOR TENANT: [TENANTNAME] at [TENANTPHYADD1] SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM. If there is any conflict between this addendum and any other provisions of the lease, the language of this addendum shall control. The only lease the LDCHA will subsidize is the approved lease that is on file. PART 982-- Subpart G--Leasing a Unit Sec. 982.308 Lease and tenancy. (c) State and local law. The PHA may review the lease to determine if the lease complies with State and local law. The PHA may decline to approve the tenancy if the PHA determines that the lease does not comply with State or local law. All parties recognize that the Kansas Residential Landlord Tenant Act prohibits terms, conditions and damages from the lease provisions. K.S.A. 58-2547. Same; prohibited terms and conditions; damages. Lease provisions; Prohibited terms, conditions; damages (a) No rental agreement may provide that the tenant or landlord: (1) Agrees to waive or to forego rights or remedies under this act; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to pay either party's attorneys' fees; or (4) agrees to the exculpation or limitation of any liability of either party arising under law or to indemnify either party for that liability or the costs connected therewith, except that a rental agreement may provide that a tenant agrees to limit the landlord's liability for fire, theft or breakage with respect to common areas of the dwelling unit. (b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by such landlord to be prohibited, the tenant may recover actual damages sustained by such tenant. Landlord _____________________________________ Date______________________ Tenant _____________________________________ Date______________________

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VERIFICATION OF SECURITY DEPOSIT

Tenant: [TENANTNAME] and, Owner/Manager: [VENDORNAME] have entered into a lease for the rental unit at Address: [TENANTPHYADD1] With an initial lease date of [APPROVDATE] The lease sets a security deposit in the amount of $[DEPOSIT] The tenant and the Owner/Manager have agreed to the following terms for collection of this security deposit. Please check the appropriate statement, sign and return this form to the LDCHA with the lease. ____ Landlord will collect deposit in full. ____ Landlord and tenant have established a payment agreement. Payment agreement terms: __________________________________. FAILURE TO PAY THE SECURITY DEPOSIT STATED IN THE LEASE IS A VIOLATION OF THE

LEASE AND MAY BE GROUNDS FOR EVICTION ____ Landlord agrees to waive deposit. ____ The LDCHA will pay $ __________ toward the security deposit as a one-time grant to the tenant through the HOME Transitional Housing Program for homeless families. Any amount refunded is to be paid directly to the tenant as required by Kansas law. Signed: ___________________________________ _____________ Landlord Date ___________________________________ _____________ Tenant Date

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Previous editions are obsolete Page 1 of 12 form HUD-52641 (8/2009) ref Handbook 7420.8

Housing Assistance Payments Contract U.S. Department of Housing(HAP Contract) and Urban DevelopmentSection 8 Tenant-BasedAssistance Office of Public and IndianHousingHousing Choice Voucher Program OMBApproval 2577-0169 (Exp. 04/30/2014) Privacy Act Statement. The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form bySection 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). Collection of family members’ names and unit address, and owner’s name and paymentaddress is mandatory. The information is used to provide Section 8 tenant-based assistance under the Housing Choice Voucher program in the formof housing assistance payments. The information also specifies what utilities and appliances are to be supplied by the owner, and what utilities andappliances are to be supplied by the tenant. HUD may disclose this information to Federal, State and local agencies when relevant to civil, criminal, orregulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as permitted or required by law.Failure to provide any of the information may result in delay or rejection of family or owner participation in the program.

Instructions for use of HAPContractThis form of Housing Assistance Payments Contract (HAP contract)is used to provide Section 8 tenant-based assistance under thehousing choice voucher program (voucher program) of the U.S.Department of Housing and Urban Development (HUD). The mainregulation for this program is 24 Code of Federal Regulations Part982.

The local voucher program is administered by a public housingagency (PHA) . The HAP contract is an agreement between the PHAand the owner of a unit occupied by an assisted family. The HAPcontract has three parts:

Part A Contract information (fill-ins). Seesection by section instructions. Part BBody of contractPart C Tenancy addendum

Use of this formUse of this HAP contract is required by HUD. Modification of theHAP contract is not permitted. The HAP contract must be word-for-word in the form prescribed by HUD.However, the PHA may choose to add the following:

Language that prohibits the owner from collecting a securitydeposit in excess of private market practice, or in excess ofamounts charged by the owner to unassisted tenants. Such aprohibition must be added to Part A of the HAP contract.

Language that defines when the housing assistance payment bythe PHA is deemed received by the owner (e.g., upon mailingby the PHA or actual receipt by the owner). Such languagemust be added to Part A of the HAP contract.

To prepare the HAP contract, fill in all contract information in PartA of the contract. Part A must then be executed by the owner and thePHA.Use for special housing typesIn addition to use for the basic Section 8 voucher program, this formmust also be used for the following “special housing types” which arevoucher program variants for special needs (see 24 CFR Part 982,Subpart M): (1) single room occupancy (SRO) housing; (2)congregate housing; (3) group home; (4) shared housing; and (5)manufactured home rental by a family that leases the manufacturedhome and space. When this form is used for a special housing type,the special housing type shall be specified in Part A of the HAPcontract, as follows: “This HAP contract is used for the followingspecial housing type under HUD regulations for the Section 8voucher program: (Insert Name of Special Housing type).”

However, this form may not be used for the following specialhousing types: (1) manufactured home space rental by a family thatowns the manufactured home and leases only the space; (2)cooperative housing; and (3) the homeownership option underSection 8(y) of the United States Housing Act of 1937 (42 U.S.C.1437f(y)).

How to fill in Part ASection by Section Instructions

Section 2: TenantEnter full name of tenant.

Section 3. Contract UnitEnter address of unit, including apartment number, if any.

Section 4. HouseholdMembersEnter full names of all PHA-approved household members. Specify ifany such person is a live-in aide, which is a person approved by thePHA to reside in the unit to provide supportive services for a familymember who is a person with disabilities.

Section 5. Initial Lease TermEnter first date and last date of initial lease term.The initial lease term must be for at least one year. However, thePHA may approve a shorter initial lease term if the PHAdetermines that:Such shorter term would improvehousing

opportunities for the tenant, and

Such shorter term is the prevailing local marketpractice.Section 6. Initial Rent toOwnerEnter the amount of the monthly rent to owner during the

initial lease term. The PHA must determine that the rent to owner isreasonable in comparison to rent for other comparable unassisted units.During the initial lease term, the owner may not raise the rent toowner.

Section 7.HousingAssistancePaymentEnter the initial amount of the monthly housingassistancepayment.

Section 8.Utilities andAppliances.The lease and the HAPcontractmust specifywhatutilities andappliances are to be supplied by the owner, and whatutilities and appliances are to be supplied by the tenant. Fill insection 8 to show who is responsible to provide or pay for utilitiesand appliances.

SAMPLE

form HUD-52641 (8/2009)Previous editions are obsolete Page 2 of 12 ref Handbook 7420.8

Housing Assistance Payments Contract U.S. Department of Housingand Urban Development

(HAP Contract) Office of Public and Indian HousingSection 8 Tenant-Based AssistanceHousing Choice Voucher Program

Part A of the HAP Contract: Contract Information(To prepare the contract, fill out all contract information in Part A.)1. Contents of Contract This

HAP contract has three parts:Part A: Contract InformationPart B: Body of Contract PartC: Tenancy Addendum

2. Tenant

3. Contract Unit

4. Household

The following persons may reside in the unit. Other persons may not be added to the household without prior written approval ofthe owner and the PHA.

5. Initial Lease Term

The initial lease term begins on (mm/dd/yyyy): __________________

The initial lease term ends on (mm/dd/yyyy):____________________

6. Initial Rent to OwnerThe initial rent to owner is: $ ________________________During the initial lease term, the owner may not raise the rent to owner.

7. Initial Housing Assistance Payment

The HAP contract term commences on the first day of the initial lease term. At the beginning of the HAP contract term, the amountof the housing assistance payment by the PHA to the owner is $__________________ per month.The amount of the monthly housing assistance payment by the PHA to the owner is subject to change during the HAP contract termin accordance with HUD requirements.

SAMPLE


8. Utilities and AppliancesThe owner shall provide or pay for the utilities and appliances indicated below by an “ O”. The tenant shall provide or pay for the utilities and appliances indicatedbelow by a “T”. Unless otherwise specified below, the owner shall pay for all utilities and appliances provided by the owner.

Item Specify fuel type Provided by Paid by

Heating Natural gas Bottle gas Oil or Electric Coal or Other

Cooking Natural gas Bottle gas Oil or Electric Coal or Other

Water Heating Natural gas Bottle gas Oil or Electric Coal or Other

Other Electric

Water

Sewer

Trash Collection

Air Conditioning

Refrigerator

Range/Microwave

Other (specify)

Signatures:PublicHousingAgency Owner

Print or Type Name of PHA Print or Type Name of Owner

Signature Signature

Print or Type Name and Title of Signatory Print or Type Name and Title of Signatory

Date (mm/dd/yyyy) Date (mm/dd/yyyy)

Mail Payments to:Name

Address (street, city, State, Zip)

SAMPLE


Housing Assistance Payments Contract(HAP Contract)Section 8 Tenant-Based AssistanceHousing Choice Voucher Program

U.S. Department of Housingand Urban DevelopmentOffice of Public and Indian Housing

Part B of HAPContract: Body of Contract

1. Purposea. This is a HAP contract between the PHA and the

owner. The HAP contract is entered to provideassistance for the family under the Section 8 voucherprogram (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 HAPcontract.

c. During the HAP contract term, the PHA will payhousing assistance payments to the owner inaccordance with the HAP contract.

d. The family will reside in the contract unit withassistance under the Section 8 voucher program. Thehousing assistance payments by the PHA assist thetenant to lease the contract unit from the owner foroccupancy by the family.

2. Lease of Contract Unita. The owner has leased the contract unit to the tenant

for occupancy by the family with assistance underthe Section 8 voucher program.

b. The PHA has approved leasing of the unit inaccordance with requirements of the Section 8voucher program.

c. The lease for the contract unit must include word-for-word all provisions of the tenancy addendumrequired by HUD (Part C of the HAP contract).

d. The owner certifies that:(1) The owner and the tenant have entered into a

lease of the contract unit that includes allprovisions of the tenancy addendum.

(2) The lease is in a standard form that is used inthe locality by the owner and that is generallyused for other unassisted tenants in thepremises.

(3) The lease is consistent with State and locallaw.

e. The owner is responsible for screening the family’sbehavior or suitability for tenancy. The PHA is notresponsible for such screening. The PHA has noliability or responsibility to the owner or otherpersons for the family’s behavior or the family’sconduct in tenancy.

3. Maintenance, Utilities, and Other Servicesa. The owner must maintain the contract unit and

premises in accordance with the housing qualitystandards (HQS).

b. The owner must provide all utilities needed tocomply with the HQS.

c. If the owner does not maintain the contract unit inaccordance with the HQS, or fails to provide allutilities needed to comply with the HQS, the PHAmay exercise any available remedies. PHA remedies

for such breach include recovery of overpayments,suspension of housing assistance payments,abatement or other reduction of housing assistancepayments, termination of housing assistancepayments, and termination of the HAP contract. ThePHA may not exercise such remedies against theowner because of an HQS breach for which thefamily is responsible, and that is not caused by theowner.

d. The PHA shall not make any housing assistancepayments if the contract unit does not meet the HQS,unless the owner corrects the defect within theperiod specified by the PHA and the PHA verifiesthe correction. If a defect is life threatening, theowner must correct the defect within no more than24 hours. For other defects, the owner must correctthe defect within the period specified by the PHA.

e. The PHA may inspect the contract unit and premisesat such times as the PHA determines necessary, toensure that the unit is in accordance with the HQS.

f. The PHA must notify the ownerof anyHQS defectsshown by the inspection.

g. The owner must provide all housing services asagreed to in the lease.

4. Term of HAP Contracta. Relation to lease term. The term of the HAP

contract begins on the first day of the initial term ofthe lease, and terminates on the last day of the termof the lease (including the initial lease term and anyextensions).

b. When HAP contract terminates.(1) The HAP contract terminates automatically if

the lease is terminated by the owner or thetenant.

(2) The PHA may terminate program assistancefor the family for any grounds authorized inaccordance with HUD requirements. If thePHA terminates program assistance for thefamily, the HAP contract terminatesautomatically.

(3) If the family moves from the contract unit, theHAP contract terminates automatically.

(4) The HAP contract terminates automatically 180calendar days after the last housing assistancepayment to the owner.

(5) The PHA may terminate the HAP contract ifthe PHA determines, in accordance with HUDrequirements, that available program funding isnot sufficient to support continued assistancefor families in the program.

(6) The HAP contract terminates automatically upon thedeath of a single member household, including singlemember households with a live-in aide.

SAMPLE


(7) The PHA may terminate the HAP contract if thePHA determines that the contract unit does notprovide adequate space in accordance with theHQS because of an increase in family size or achange in family composition.

(8) If the family breaks up, the PHA may terminatethe HAP contract, or may continue housingassistance payments on behalf of family memberswho remain in the contract unit.

(9) The PHA may terminate the HAP contract if thePHA determines that the unit does not meet allrequirements of the HQS, or determines that theowner has otherwise breached the HAP contract.

5. Provision and Payment for Utilities and Appliancesa. The lease must specify what utilities are to be provided

or paid by the owner or the tenant.b. The lease must specify what appliances are to be pro-

vided or paid by the owner or the tenant.c. Part A of the HAP contract specifies what utilities and

appliances are to be provided or paid by the owner orthe tenant. The lease shall be consistent with the HAPcontract.

6. Rent to Owner: Reasonable Renta. During the HAP contract term, the rent to owner may at

no time exceed the reasonable rent for the contractunit as most recently determined or redetermined bythe PHA in accordance with HUD requirements.

b. The PHA must determine whether the rent to owner isreasonable in comparison to rent for other comparableunassisted units. To make this determination, the PHAmust consider:(1) The location, quality, size, unit type, and age of

the contract unit; and(2) Any amenities, housing services, maintenance

and utilities provided and paid by the owner.c. The PHA must redetermine the reasonable rent when

required in accordance with HUD requirements. ThePHA may redetermine the reasonable rent at any time.

d. During the HAP contract term, the rent to owner maynot exceed rent charged by the owner for comparableunassisted units in the premises. The owner must givethe PHA any information requested by the PHA onrents charged by the owner for other units in thepremises or elsewhere.

7. PHA Payment to Ownera. When paid

(1) During the term of the HAP contract, the PHAmust make monthly housing assistance paymentsto the owner on behalf of the family at thebeginning of each month.

(2) The PHA must pay housingassistance paymentspromptly when due to the owner.

(3) If housing assistance payments are not paidpromptly when due after the first two calendarmonths of the HAP contract term, the PHA shallpay the owner penalties if all of the followingcircumstances apply: (i) Such penalties are inaccordance with generally accepted practices andlaw, as applicable in the local housing market,

governing penalties for late payment of rent by a

tenant; (ii) It is the owner’s practice to chargesuch penalties for assisted and unassisted tenants;and (iii) The owner also charges such penaltiesagainst the tenant for late payment of family rentto owner. However, the PHA shall not beobligated to pay any late payment penalty if HUDdetermines that late payment by the PHA is dueto factors beyond the PHA’s control. Moreover,the PHA shall not be obligated to pay any latepayment penalty if housing assistance paymentsby the PHA are delayed or denied as a remedy forowner breach of the HAP contract (including anyof the following PHA remedies: recovery ofoverpayments, suspension of housing assistancepayments, abatement or reduction of housingassistance payments, termination of housingassistance payments and termination of thecontract).

(4) Housing assistance payments shall only be paidto the owner while the family is residing in thecontract unit during the term of the HAP contract.The PHA shall not pay a housing assistancepayment to the owner for any month after themonth when the family moves out.

b. Owner compliance with HAP contract. Unless theowner has complied with all provisions of the HAPcontract, the owner does not have a right to receivehousing assistance payments under the HAP contract.

c. Amount of PHA payment to owner(1) The amount of the monthly PHA housing

assistance payment to the owner shall bedetermined by the PHA in accordance with HUDrequirements for a tenancy under the voucherprogram.

(2) The amount of the PHA housing assistancepayment is subject to change during the HAPcontract term in accordance with HUDrequirements. The PHA must notify the familyand the owner of any changes in the amount ofthe housing assistance payment.

(3) The housing assistance payment for the firstmonth of the HAP contract term shall be pro-rated for a partial month.

d. Application of payment. The monthly housingassistance payment shall be credited against themonthly rent to owner for the contract unit.

e. Limit of PHA responsibility.(1) The PHA is only responsible for making housing

assistance payments to the owner in accordancewith the HAP contract and HUD requirements fora tenancy under the voucher program.

(2) The PHA shall not pay any portion of the rent toowner in excess of the housing assistancepayment. The PHA shall not pay any other claimby the owner against the family.

f. Overpayment to owner. If the PHA determines thatthe owner is not entitled to the housing assistancepayment or any part of it, the PHA, in addition to otherremedies, may deduct the amount of the overpaymentfrom any amounts due the owner (including amountsdue under any other Section 8 assistance contract).

8. Owner Certification

SAMPLE


During the term of this contract, the owner certifies that:a. Theowner ismaintaining the contractunitandpremises in

accordance with the HQS.b. The contract unit is leased to the tenant. The lease includes

the tenancy addendum (Part C of the HAP contract),and is in accordance with the HAP contract andprogram requirements. The owner has provided thelease to the PHA, including any revisions of the lease.

c. The rent to owner does not exceed rents charged by theowner for rental of comparable unassisted units in thepremises.

d. Except for the rent to owner, the owner has notreceived and will not receive any payments or otherconsideration (from the family, the PHA, HUD, or anyother public or private source) for rental of the contractunit during the HAP contract term.

e. The family does not own or have any interest in thecontract unit.

f. To the best of the owner’s knowledge, the members ofthe family reside in the contract unit, and the unit is thefamily’s only residence.

g. The owner (including a principal or other interestedparty) is not the parent, child, grandparent, grandchild,sister, or brother of any member of the family, unlessthe PHA has determined (and has notified the ownerand the family of such determination) that approvingrental of the unit, notwithstanding such relationship,would provide reasonable accommodation for a familymember who is a person with disabilities.

9. Prohibition of Discrimination . In accordance withapplicable equal opportunity statutes, Executive Orders,and regulations:

a. The owner must not discriminate against any personbecause of race, color, religion, sex, national origin,age, familial status, or disability in connection with theHAP contract.

b. The owner must cooperate with the PHA and HUD inconducting equal opportunity compliance reviews andcomplaint investigations in connection with the HAPcontract.

10. Owner’s Breach of HAP Contracta. Any of the following actions by the owner (including a

principal or other interested party) is a breach of theHAP contract by the owner:(1) If the owner has violated any obligation under the

HAP contract, including the owner’s obligationto maintain the unit in accordance with the HQS.

(2) If the owner has violated any obligation underany other housing assistance payments contractunder Section 8.

(3) If the owner has committed fraud, bribery or anyother corrupt or criminal act in connection withany Federal housing assistance program.

(4) For projects with mortgages insured by HUD orloans made by HUD, if the owner has failed tocomply with the regulations for the applicablemortgage insurance or loan program, with themortgage or mortgage note, or with theregulatory agreement; or if the owner hascommitted fraud, bribery or any other corrupt orcriminal act in connection with the mortgage orloan.

(5) If the owner has engaged in any drug-related

criminal activity or any violent criminal activity.b. If the PHA determines that a breach has occurred, the

PHA may exercise any of its rights and remedies underthe HAP contract, or any other available rights andremedies for such breach. The PHA shall notify theowner of such determination, including a briefstatement of the reasons for the determination. Thenotice by the PHA to the owner may require the ownerto take corrective action, as verified or determined bythe PHA, by a deadline prescribed in the notice.

c. The PHA’s rights and remedies for owner breach of theHAP contract include recovery of overpayments,suspension of housing assistance payments, abatementor other reduction of housing assistance payments,termination of housing assistance payments, andtermination of the HAP contract.

d. The PHA may seek and obtain additional relief byjudicial order or action, including specific performance,other injunctive relief or order for damages.

e. Even if the family continues to live in the contract unit,the PHA may exercise any rights and remedies forowner breach of the HAP contract.

f. The PHA’s exercise or non-exercise of any right orremedy for owner breach of the HAP contract is not awaiver of the right to exercise that or any other right orremedy at any time.

11. PHA and HUD Access to Premises and Owner’s Recordsa. The owner must provide any information pertinent to

the HAP contract that the PHA or HUD mayreasonably require.

b. The PHA, HUD and the Comptroller General of theUnited States shall have full and free access to thecontract unit and the premises, and to all accounts andother records of the owner that are relevant to the HAPcontract, including the right to examine or audit therecords and to make copies.

c. The owner must grant such access to computerized orother electronic records, and to any computers, equip-ment or facilities containing such records, and mustprovide any information or assistance needed to accessthe records.

12. Exclusion of Third Party Rightsa. The family is not a party to or third party beneficiary of

Part B of the HAP contract. The family may notenforce any provision of Part B, and may not exerciseany right or remedy against the owner or PHA underPart B.

b. The tenant or the PHA may enforce the tenancyaddendum (Part C of the HAP contract) against theowner, and may exercise any right or remedy againstthe owner under the tenancy addendum.

c. The PHA does not assume any responsibility for injuryto, or any liability to, any person injured as a result ofthe owner’s action or failure to act in connection withmanagement of the contract unit or the premises or withimplementation of the HAP contract, or as a result ofany other action or failure to act by the owner.

d. The owner is not the agent of the PHA, and the HAPcontract does not create or affect any relationshipbetween the PHA and any lender to the owner or anysuppliers, employees, contractors or subcontractorsused by the owner in connection with management of

SAMPLE


the contract unit or the premises or withimplementation of the HAP contract.

13. Conflict of Interesta. “Covered individual” means a person or entity who is a

member of any of the following classes:(1) Any present or former member or officer of the

PHA (except a PHA commissioner who is aparticipant in the program);

(2) Any employee of the PHA, or any contractor,sub-contractor or agent of the PHA, whoformulates policy or who influences decisionswith respect to the program;

(3) Any public official, member of a governing body,or State or local legislator, who exercisesfunctions or responsibilities with respect to theprogram; or

(4) Any member of the Congress of the UnitedStates.

b. A covered individual may not have any direct orindirect interest in the HAP contract or in any benefitsor payments under the contract (including the interestof an immediate family member of such coveredindividual) while such person is a covered individual orduring one year thereafter.

c. “Immediate family member” means the spouse, parent(including a stepparent), child (including a stepchild),grandparent, grandchild, sister or brother (including astepsister or stepbrother) of any covered individual.

d. The owner certifies and is responsible for assuring thatno person or entity has or will have a prohibitedinterest, at execution of the HAP contract, or at anytime during the HAP contract term.

e. If a prohibited interest occurs, the owner shall promptlyand fully disclose such interest to the PHA and HUD.

f. The conflict of interest prohibition under this sectionmay be waived by the HUD field office for good cause.

g. No member of or delegate to the Congress of theUnited States or resident commissioner shall beadmitted to any share or part of the HAP contract or toany benefits which may arise from it.

14. Assignment of the HAP Contracta. The owner may not assign the HAP contract to a new

owner without the prior written consent of the PHA.b. If the owner requests PHA consent to assign the HAP

contract to a new owner, the owner shall supply anyinformation as required by the PHA pertinent to theproposed assignment.

c. The HAP contract may not be assigned to a new ownerthat is debarred, suspended or subject to a limiteddenial of participation under HUD regulations (see 24Code of Federal Regulations Part 24).

d. The HAP contract may not be assigned to a new ownerif HUD has prohibited such assignment because:(1) The Federal government has instituted an

administrative or judicial action against theowner or proposed new owner for violation of theFair Housing Act or other Federal equalopportunity requirements, and such action ispending; or

(2) A court or administrative agency has determinedthat the owner or proposed new owner violated

the Fair HousingAct or other Federal equalopportunity requirements.

e. The HAP contract may not be assigned to a new ownerif the new owner (including a principal or otherinterested party) is the parent, child, grandparent,grandchild, sister or brother of any member of thefamily, unless the PHA has determined (and hasnotified the family of such determination) thatapproving the assignment, notwithstanding suchrelationship, would provide reasonable accommodationfor a family member who is a person with disabilities.

f. The PHA may deny approval to assign the HAPcontract if the owner or proposed new owner (includinga principal or other interested party):(1) Has violated obligations under a housing assistance

payments contract under Section 8;(2) Has committed fraud, bribery or any other corrupt

or criminal act in connection with any Federalhousing program;

(3) Has engaged in any drug-related criminal activityor any violent criminal activity;

(4) Has a history or practice of non-compliance withthe HQS for units leased under the Section 8tenant-based programs, or non-compliance withapplicable housing standards for units leased withproject-based Section 8 assistance or for unitsleased under any other Federal housing program;

(5) Has a history or practice of failing to terminatetenancy of tenants assisted under any Federallyassisted housing program for activity engaged inby the tenant, any member of the household, aguest or another person under the control of anymember of the household that:(a) Threatens the right to peaceful enjoyment

of the premises by other residents;(b) Threatens the health or safety of otherresidents, of employees of the PHA, or ofowner employees or other persons engaged inmanagement of the housing;

(c) Threatens the health or safety of, or theright to peaceful enjoyment of their residentsby, persons residing in the immediate vicinity ofthe premises; or(d) Is drug-related criminal activity orviolent criminal activity;

(6) Has a history or practice of renting units that fail tomeet State or local housing codes; or

(7) Has not paid State or local real estate taxes, fines orassessments.

g. The new owner must agree to be bound by and complywith the HAP contract. The agreement must be inwriting, and in a form acceptable to the PHA. The newowner must give the PHA a copy of the executedagreement.

15. Foreclosure. In the case of any foreclosure, the immediatesuccessor in interest in the property pursuant to the foreclosureshall assume such interest subject to the lease between the priorowner and the tenant and to the HAP contract between the priorowner and the PHA for the occupied unit. This provision does notaffect any State or local law that provides longer time periods orother additional protections for tenants. This provision will sunsetonDecember 31, 2012 unless extended by law.

SAMPLE


16. Written Notices. Any notice by the PHA or the ownerin connection with this contract must be in writing.

17. Entire Agreement: Interpretationa. The HAP contract contains the entire agreement between

the owner and the PHA.b The HAP contract shall be interpreted and implemented

in accordance with all statutory requirements, and withall HUD requirements, including the HUD programregulations at 24 Code of Federal Regulations Part 982.

SAMPLE

Housing Assistance Payments ContractU.S. Department of Housing

(HAP Contract)and Urban Development

Section 8 Tenant-Based Assistance Office of Public and Indian HousingHousing Choice Voucher Program

Part C of HAP Contract: Tenancy Addendum

1. Section 8 Voucher Programa. The owner is leasing the contract unit to the tenant

for occupancy by the tenant’s family with assistancefor a tenancy under the Section 8 housing choicevoucher program (voucher program) of the UnitedStates Department of Housing and UrbanDevelopment (HUD).

b. The owner has entered into a Housing AssistancePayments Contract (HAP contract) with the PHAunder the voucher program. Under the HAPcontract, the PHA will make housing assistancepayments to the owner to assist the tenant in leasingthe unit from the owner.

2. Leasea. The owner has given the PHA a copy of the lease,

including any revisions agreed by the owner and thetenant. The owner certifies that the terms of the leaseare in accordance with all provisions of the HAPcontract and that the lease includes the tenancyaddendum.

b. The tenant shall have the right to enforce thetenancy addendum against the owner. If there is anyconflict between the tenancy addendum and anyother provisions of the lease, the language of thetenancy addendum shall control.

3. Use of Contract Unita. During the lease term, the family will reside in the

contract unit with assistance under the voucherprogram.

b. The composition of the household must be approvedby the PHA. The family must promptly inform thePHA of the birth, adoption or court-awarded custodyof a child. Other persons may not be added to thehousehold without prior written approval of theowner and the PHA.

c. The contract unit may only be used for residence bythe PHA-approved household members. The unitmust be the family’s only residence. Members of thehousehold may engage in legal profit makingactivities incidental to primary use of the unit forresidence by members of the family.

d. The tenant may not sublease or let the unit.e. The tenant may not assign the lease or transfer the

unit.

4. Rent to Ownera. The initial rent to owner may not exceed the amount

approved by the PHA in accordance with HUDrequirements.

b. Changes in the rent to owner shall be determined bythe provisions of the lease. However, the owner maynot raise the rent during the initial term of the lease.

c. During the term of the lease (including the initial

term of the lease and any extension term), the rent toowner may at no time exceed:(1) The reasonable rent for the unit as most

recently determined or redetermined by thePHA in accordance with HUD requirements,or

(2) Rent charged by the owner for comparableunassisted units in the premises.

5. Family Payment to Ownera. The family is responsible for paying the owner any

portion of the rent to owner that is not covered bythe PHA housing assistance payment.

b. Each month, the PHA will make a housingassistance payment to the owner on behalf of thefamily in accordance with the HAP contract. Theamount of the monthly housing assistance paymentwill be determined by the PHA in accordance withHUD requirements for a tenancy under the Section 8voucher program.

c. The monthly housing assistance payment shall becredited against the monthly rent to owner for thecontract unit.

d. The tenant is not responsible for paying the portionof rent to owner covered by the PHA housingassistance payment under the HAP contract betweenthe owner and the PHA. A PHA failure to pay thehousing assistance payment to the owner is not aviolation of the lease. The owner may not terminatethe tenancy for nonpayment of the PHA housingassistance payment.

e. The owner may not charge or accept, from thefamily or from any other source, any payment forrent of the unit in addition to the rent to owner. Rentto owner includes all housing services, maintenance,utilities and appliances to be provided and paid bythe owner in accordance with the lease.

f. The owner must immediately return any excess rentpayment to the tenant.

6. Other Fees and Chargesa. Rent to owner does not include cost of any meals or

supportive services or furniture which may beprovided by the owner.

b. The owner may not require the tenant or familymembers to pay charges for any meals or supportiveservices or furniture which may be provided by theowner. Nonpayment of any such charges is notgrounds for termination of tenancy.

c. The owner may not charge the tenant extra amountsfor items customarily included in rent to owner inthe locality, or provided at no additional cost tounsubsidized tenants in the premises.

7. Maintenance, Utilities, and Other Servicesa. Maintenance

SAMPLE


(2) The owner may terminate the tenancy duringthe term of the lease if any member of thehousehold is:(a) Fleeing to avoid prosecution, or custody

or confinement after conviction, for acrime, or attempt to commit a crime, thatis a felony under the laws of the placefrom which the individual flees, or that,in the case of the State of New Jersey, isa high misdemeanor; or

(b) Violating a condition of probation orparole under Federal or State law.

(3) The owner may terminate the tenancy forcriminal activity by a household member inaccordance with this section if the ownerdetermines that the household member hascommitted the criminal activity, regardless ofwhether the household member has beenarrested or convicted for such activity.

(4) The owner may terminate the tenancy duringthe term of the lease if any member of thehousehold has engaged in abuse of alcoholthat threatens the health, safety or right topeaceful enjoyment of the premises by otherresidents.

d. Other good cause for termination of tenancy(1) During the initial lease term, other good cause

for termination of tenancy must be somethingthe family did or failed to do.

(2) During the initial lease term or during anyextension term, other good cause may include:(a) Disturbance of neighbors,(b) Destruction of property, or(c) Living or housekeeping habits that cause

damage to the unit or premises.(3) After the initial lease term, such good cause

may include:(a) The tenant’s failure to accept the owner’s

offer of a new lease or revision;(b) The owner’s desire to use the unit for

personal or family use or for a purposeother than use as a residential rental unit;or

(c) A business or economic reason fortermination of the tenancy (such as sale ofthe property, renovation of the unit, theowner’s desire to rent the unit for a higherrent).

(5) The examples of other good cause in thisparagraph do not preempt any State or locallaws to the contrary.

(6) In the case of an owner who is an immediatesuccessor in interest pursuant to foreclosure

during the term of the lease, requiring thetenant to vacate the property prior to sale shallnot constitute other good cause, except that theowner may terminate the tenancy effective onthe date of transfer of the unit to the owner ifthe owner: (a) will occupy the unit as aprimary residence; and (b) has provided thetenant a notice to vacate at least 90 days beforethe effective date of such notice. This

(1) The owner must maintain the unit and premisesin accordance with the HQS.

(2) Maintenance and replacement (includingredecoration) must be in accordance with thestandard practice for the building concerned asestablished by the owner.

b. Utilities and appliances(1) The owner must provide all utilitiesneeded to

comply with the HQS.(2) The owner is not responsible for a breach of

the HQS caused by the tenant’s failure to:(a) Pay for any utilities that are to be paid by

the tenant.(b) Provide and maintain any appliances

that are to be provided by the tenant.c. Family damage. The owner is not responsible for a

breach of the HQS because of damages beyondnormal wear and tear caused by any member of thehousehold or by a guest.

d. Housing services. The owner must provide allhousing services as agreed to in the lease.

8. Termination of Tenancy by Ownera. Requirements. The owner may only terminate the

tenancy in accordance with the lease and HUDrequirements.

b. Grounds. During the term of the lease (the initialterm of the lease or any extension term), the ownermay only terminate the tenancy because of:(1) Serious or repeated violation of the lease;(2) Violation of Federal, State, or local law that

imposes obligations on the tenant inconnection with the occupancy or use of theunit and the premises;

(3) Criminal activity or alcohol abuse (asprovided in paragraph c); or

(4) Other good cause (as provided in paragraphd).

c. Criminal activity or alcohol abuse.(1) The owner may terminate the tenancy during

the term of the lease if any member of thehousehold, a guest or another person under aresident’s control commits any of thefollowing types of criminal activity:(a) Any criminalactivity that threatens the

health or safety of, or the right topeacefulenjoymentof the premisesby,other residents (including propertymanagement staff residing on thepremises);

(b) Any criminalactivity that threatens thehealth or safety of, or the right topeaceful enjoyment of their residencesby, persons residing in the immediatevicinity of the premises;

(c) Any violent criminal activity on or nearthe premises; or

(d) Any drug-relatedcriminal activity on ornear the premises.

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provision shall not affect any State or local lawthat provides for longer time periods oraddition protections for tenants. Thisprovision will sunset onDecember 31, 2012unless extended by law.

e. Protections for Victims of Abuse.

(1) An incident or incidents of actual or threateneddomestic violence, dating violence, or stalking willnot be construed as serious or repeated violations ofthe lease or other “good cause” for termination ofthe assistance, tenancy, or occupancy rights ofsuch a victim.

(2) Criminal activity directly relating to abuse,engaged in by a member of a tenant’s household orany guest or other person under the tenant’scontrol, shall not be cause for termination ofassistance, tenancy, or occupancy rights if thetenant or an immediate member of the tenant’sfamily is the victim or threatened victim ofdomestic violence, dating violence, or stalking.

(3) Notwithstanding any restrictions on admission,occupancy, or terminations of occupancy orassistance, or any Federal, State or local law to thecontrary, a PHA, owner or manager may“bifurcate” a lease, or otherwise remove ahousehold member from a lease, without regard towhether a household member is a signatory to thelease, in order to evict, remove, terminateoccupancy rights, or terminate assistance to anyindividual who is a tenant or lawful occupant andwho engages in criminal acts of physical violenceagainst family members or others. This action maybe taken without evicting, removing, terminatingassistance to, or otherwise penalizing the victim ofthe violence who is also a tenant or lawfuloccupant. Such eviction, removal, termination ofoccupancy rights, or termination of assistance shallbe effected in accordance with the proceduresprescribed by Federal, State, and local law for thetermination of leases or assistance under thehousing choice voucher program.

(4) Nothing in this section may be construed to limitthe authority of a public housing agency, owner, ormanager, when notified, to honor court ordersaddressing rights of access or control of theproperty, including civil protection orders issued toprotect the victim and issued to address thedistribution or possession of property among thehousehold members in cases where a family breaksup.

(5) Nothing in this section limits any otherwiseavailable authority of an owner or manager to evictor the public housing agency to terminateassistance to a tenant for any violation of a leasenot premised on the act or acts of violence inquestion against the tenant or a member of thetenant’s household, provided that the owner,manager, or public housing agency does not subjectan individual who is or has been a victim ofdomestic violence, dating violence, or stalking to a

more demandingstandard than other tenants indetermining whether to evict or terminate.

(6) Nothing in this section may be construed to limitthe authority of an owner or manager to evict, orthe public housing agency to terminate assistance,to any tenant if the owner, manager, or publichousing agency can demonstrate an actual andimminent threat to other tenants or those employedat or providing service to the property if the tenantis not evicted or terminated from assistance.

(7) Nothing in this section shall be construed tosupersede any provision of any Federal, State, orlocal law that provides greater protection than thissection for victims of domestic violence, datingviolence, or stalking.

f. Eviction by court action. The owner may only evict thetenant by a court action.

g. Owner notice of grounds(1) At or before the beginning of a court action to

evict the tenant, the owner must give thetenant a notice that specifies the grounds fortermination of tenancy. The notice may beincluded in or combined with any ownereviction notice.

(2) The owner must give the PHA a copy of anyowner eviction notice at the same time theowner notifies the tenant.

(3) Eviction notice means a notice to vacate, or acomplaint or other initial pleading used tobegin an eviction action under State or locallaw.

9. Lease: Relation to HAP ContractIf the HAP contract terminates for any reason, the lease terminatesautomatically.

10. PHA Termination of AssistanceThe PHA may terminate program assistance for the family for anygrounds authorized in accordance with HUD requirements. If the PHAterminates program assistance for the family, the lease terminatesautomatically.

11. Family Move OutThe tenant must notify the PHA and the owner before the family movesout of the unit.

12. Security Deposita. The owner may collect a security deposit from the

tenant. (However, the PHA may prohibit the ownerfrom collecting a security deposit in excess ofprivate market practice, or in excess of amountscharged by the owner to unassisted tenants. Anysuch PHA-required restriction must be specified inthe HAP contract.)

b. When the family moves out of the contract unit, theowner, subject to State and local law, may use thesecurity deposit, including any interest on thedeposit, as reimbursement for any unpaid rentpayable by the tenant, any damages to the unit orany other amounts that the tenant owes under thelease.

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c. The owner must give the tenant a list of all itemscharged against the security deposit, and the amountof each item. After deducting the amount, if any,used to reimburse the owner, the owner mustpromptly refund the full amount of the unusedbalance to the tenant.

d. If the security deposit is not sufficient to coveramounts the tenant owes under the lease, the ownermay collect the balance from the tenant.

13. Prohibition of DiscriminationIn accordance with applicable equal opportunity statutes, ExecutiveOrders, and regulations, the owner must not discriminate against anyperson because of race, color, religion, sex, national origin, age,familial status or disability in connection with the lease.

14. Conflict with Other Provisions of Leasea. The terms of the tenancy addendum are prescribed

by HUD in accordance with Federal law andregulation, as a condition for Federal assistance tothe tenant and tenant’s family under the Section 8voucher program.

b. In case of any conflict between the provisions of thetenancy addendum as required by HUD, and anyother provisions of the lease or any other agreementbetween the owner and the tenant, the requirementsof the HUD-required tenancy addendum shallcontrol.

15. Changes in Lease or Renta. The tenant and the owner may not make any

change in the tenancy addendum. However, if thetenant and the owner agree to any other changes inthe lease, such changes must be in writing, and theowner must immediately give the PHA a copy ofsuch changes. The lease, including any changes,must be in accordance with the requirements ofthe tenancy addendum.

b. In the following cases, tenant-based assistance shallnot be continued unless the PHA has approved anew tenancy in accordance with programrequirements and has executed a new HAP contractwith the owner:(1) If there are any changes in lease requirements

governing tenant or owner responsibilities forutilities or appliances;

(2) If there are any changes in lease provisionsgoverning the term of the lease;

(3) If the family moves to a new unit, even if theunit is in the same building or complex.

c. PHA approval of the tenancy, and execution of anew HAP contract, are not required for agreedchanges in the lease other than as specified inparagraph b.

d. The owner must notify the PHA of any changes inthe amount of the rent to owner at least sixty daysbefore any such changes go into effect, and theamount of the rent to owner following any suchagreed change may not exceed the reasonable rentfor the unit as most recently determined orredetermined by the PHA in accordance with HUDrequirements.

Any notice under the lease by the tenant to the owner or by the ownerto the tenant must be in writing.

17. DefinitionsContract unit. The housing unit rented by the tenant withassistance under the program.Family. The persons who may reside in the unit with assistanceunder the program.HAP contract. The housing assistance payments contract between thePHA and the owner. The PHA pays housing assistance payments to theowner in accordance with the HAP contract.Household. The persons who may reside in the contract unit. Thehousehold consists of the family and any PHA-approved live-in aide.(A live-in aide is a person who resides in the unit to providenecessary supportive services for a member of the family who is aperson with disabilities.)Housing quality standards (HQS). The HUD minimumquality standards for housing assisted under the Section 8tenant-based programs.HUD. The U.S. Department of Housing and Urban Development.HUDrequirements. HUD requirements for the Section 8 program.HUD requirements are issued by HUD headquarters, as regulations,Federal Register notices or other binding program directives.Lease. The written agreement between the owner and the tenant for thelease of the contract unit to the tenant. The lease includes the tenancyaddendum prescribed by HUD.PHA. Public Housing Agency.Premises. The building or complex in which the contract unit islocated, including common areas and grounds.Program. The Section 8 housing choice voucher program.Rent to owner. The total monthly rent payable to the owner for thecontract unit. The rent to owner is the sum of the portion of rentpayable by the tenant plus the PHA housing assistance payment tothe owner.Section 8. Section 8 of the United States Housing Act of 1937 (42United States Code 1437f).Tenant. The family member (or members) who leases the unit fromthe owner.Voucher program. The Section 8 housing choice voucher program.Under this program, HUD provides funds to a PHA for rent subsidyon behalf of eligible families. The tenancy under the lease will beassisted with rent subsidy for a tenancy under the voucher program.

16. Notices

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