Page images
PDF
EPUB

d by other than the undersigned but the unit will be vacated prior pancy by the Family as a result oluntary decision of occupant, or ion by Owner for cause, or (3) 'easons clearly unrelated to the ed leasing to the Family.

nit is made available, managed, ed regardless of race, color, relisex, or national origin.

ty and Utility Deposits. The ll will not require Authority aspay security and/or utility deamount of Owner's required sesit (not to exceed one month's The amounts of the re

y deposits are:

[blocks in formation]
[blocks in formation]

ty Determination. The Owner mily understand that the Aunotify them as to whether or >osed lease is approvable within 'iod specified in paragraph 4 of te of Family Participation.

(Signature)

Of Family Representative)

- Address of Family)

-AUTHORITY DETERMINATION

t to the Owner and Family) able box.)

1. This Authority hereby ap-oposed lease between

cated

(Owner) for the dwell-
at

ss and apartment number, if
ed herewith are (a) the pro-
completed by the Authority
o the portion of the monthly
hich the Family shall be obli-
to the Owner, and (b) two
Housing Assistance Payments
mpleted by this Authority
cution. The Lease shall be ex-
Family and the Owner and a
to the Authority. The Owner
h copies of the Contract and
O the Authority. The Authori-
the Contract by the first day
specified in the lease and will
eturn an executed copy to the

By:

(Signature and Title)

APPENDIX VI-LEASE PROVISIONS REQUIRED,
FOR PARTICIPATION IN THE HOUSING AS-
SISTANCE PAYMENTS PROGRAM

"ADDENDUM TO LEASE

(Section 23 Housing Assistance Payments

Program)

"The following additional Lease provisions are incorporated in full in the Lease between

for the

(Lessee)

(Lessor) and
following dwelling unit:

-. In case of any conflict be-
tween these and any other provisions of the
Lease, these provisions shall prevail.
"a. Of the total rent ($- per month),

· shall be payable by the Housing Au-
thority (LHA) as housing assistance pay-
ments on behalf of the Lessee and $-
shall be payable by the Lessee. These
amounts shall be subject to change by
reason of changes in the family income or
composition, as determined by the LHA, ef-
fective as of the date stated in a notification
of such change by the LHA to the Lessee
and Lessor.

"b. The Lessor shall provide the following services (including security) and mainte

nance:

[Here specify all services to be provided by the Lessor, which shall include all services customarily supplied to tenants of this type of housing in the locality. In preparing this list, the provisions contained in form HUD52505A, Guide for Lease Provisions for Maintenance and Security Services, shall be included except to the extent modifications are approved by the LHA.]

"c. The Lessor shall not evict the Lessee unless the Lessor complies with the require

[merged small][ocr errors][ocr errors][merged small][ocr errors][merged small]

if any, and of this proviall give the Lessee a writproposed eviction, stating vising the Lessee that he h greater number, if any, red by local law) within o the Lessor. Because the the LHA's authorization copy of the notice shall be neously to the LHA, and lso state that the Lessee same time period, present

spect to refrigerators, ranges, plumbing,
heating, electrical and hot water fixtures
and systems, and broken, stuck, or damaged
doors, screens or windows);

[blocks in formation]

d. Repainting and redecorating dwelling space and non-dwelling space surfaces on the following basis: [to be specified in the lease];

has been signed by the parndition that the LHA will te a Housing Assistance Paywith the Lessor. Accordingshall not become effective A has executed such Contract y of occupancy specified in

Lessee

Date

OR LEASE PROVISIONS FOR
NCE AND SECURITY SERVICES

e. Prompt replacement of light bulbs and other lighting equipment in common (including outdoor) areas;

f. Exterminating services on a regularly scheduled basis, as follows: [to be specified in lease];

g. Where applicable, removal of snow and ice from walkways, exterior stairs, and parking areas on a timely basis;

h. Repair of walkways and parking lot surfaces;

i. Where applicable, repair of garbage disposals, dishwashers, air conditioners, and laundry equipment;

j. Where applicable, regular maintenance and prompt repair of elevators, incinerators, compactors, and laundry equipment and facilities;

ng provisions shall be included among lease provisions regardnce and security services for eased to families participating 23 Housing Assistance Paym. Subject to the approval of ms which are not customarily this type of housing in the loè excluded.

k. Security services and equipment [to be specified in the lease].

NOTE: Appendices VII and VIII, which relate to internal HUD processing procedures, are not included herein, but do appear in the HUD Existing Housing Handbook.

shall provide the following sering security) and maintenance: al services (including, but not cleaning of hallways, garbage as, and all common areas, and f an adequate supply of trash › storage equipment, and/or adeand garbage disposal);

APPENDIX IX-HOUSING ASSISTANCE
PAYMENTS CONTRACT

This Housing Assistance Payments Contract ("Contract") is made and entered into on this day of ——————, 19, by and between the person or entity having the legal right to lease the unit (hereinafter called the "Owner"), and (“LHA"), a public body, corporate and politic, organized and existing under and by virtue of the laws of the State of

ds maintenance (including, but I to, exterior custodial services enance of lawns and outdoor including lawn cutting and re

t response to Lessee service calls but not limited to, calls with re

The Owner and the LHA agree as follows:

PART I

1.1. Purpose of contract. a. The LHA hereby agrees to make housing assistance payments on behalf of (name of family) ("Family") for the following described dwelling unit ("assisted unit"), to enable the Family to lease decent, safe, and sanitary housing pursuant to Section 23 of the United States Housing Act of 1937.

b. The assisted unit is to be leased by the Owner to the Family for use and occupancy by the Family solely as a private dwelling.

1.2. Housing assistance payments. a. The LHA has determined that the Family can

bay
per month toward the
eable by the Owner. The LHA
n behalf of the Family a housing
payment in the amount of $-
resents the difference between
hargeable by the Owner and that
said rent payable by the Family.
nt of housing assistance payment
mount of rent payable by the
11 be subject to change by reason
in the Family income or compo-
etermined by the LHA, effective
date stated in a notification of
e by the LHA to the Family and
Owever, any increase in the
yable by the Family shall be
corresponding decrease in the
housing assistance payment; and
e in the amount payable by the
11 be offset by a corresponding
the amount of housing assist-
ent, but not in excess of the
ilable with respect to this assist-
ut of the aggregate amount
the Annual Contributions Con-
for all dwelling units under the
ction 2.3(b)).

3 assistance payments shall be
e LHA to the Owner, under the
onditions of this Contract, only
iod during which the assisted
dby the Family under the lease
ling unit approved by the LHA
hould the Family vacate its unit
of the provisions of its Lease,
ay continue to receive housing
yments in accordance with the
Contract, not beyond the term
, but only if the Owner (1) im-
on leasing of the vacancy, has
sible action to fill it, including,
ed to, contacting families on his
equesting the LHA to refer eli-
, and advertising the availabil-
it; (2) has promptly (within 30
date the Family vacated the
I the LHA of the vacancy: and
ejected, except for good cause
o the LHA, any substitute
ed by the LHA.

he LHA nor the United States
hereinafter referred to as the
") has assumed any obligation
or the amount of rent payable
ly or the satisfaction of any
Owner against the Family. The
gation of the LHA is limited to
ing assistance payments on
Family in accordance with this

Owner shall submit a monthly e LHA for the housing assistt. Upon the determination of the amount of the request is hat the Owner is in compliance visions of this Contract, the

LHA shall pay to the Owner the amount requested.

(2) If the Owner receives any excessive payment, the LHA, in addition to any other rights to recovery, may deduct the amount from any subsequent payment or payments. (3) The Owner's monthly requests for housing assistance payments shall be made subject to penalty under 18 U.S.C. 1001, which provides, among other things, that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States shall be fined not more than $10,000 or imprisoned for not more than five years or both.

1.3. Maintenance, operation and inspection. a. The term "Premises", as used in this Contract, means the dwelling unit leased by the Family and areas, facilities and grounds which are for its benefit or use.

b. The Owner agrees (1) to maintain and operate the Premises so as to provide decent, safe, and sanitary housing, and (2) to provide all maintenance and services as contained in the Lease. If, at any time during the term of this Contract, the Owner fails to comply with the obligation in (1), housing assistance payments on behalf of the Family shall be wholly abated and if the Owner fails to comply with the obligation in (2), housing assistance payments on behalf of the Family shall be abated in whole or in part. Any abatement under this paragraph b shall be effective upon written notification to the Owner, and shall continue until such time as the obligation is complied with. The LHA shall promptly notify the Family of any such abatement.

c. The LHA will inspect, or cause to be inspected, at least annually, the Premises to determine that they are in decent, safe, and sanitary condition.

1.4. Term of contract. The term of this Contract shall be -. The Contract shall

terminate upon expiration or termination of the Lease and shall be subject to termination in accordance with the provisions of Section 2.5 of this Contract.

1.5. Eviction. The Owner shall not evict the Family unless the Owner complies with the requirements of local law, if any, and of this Section. The Owner shall give the Family a written notice of the proposed eviction, stating the grounds and advising the Family that it has 10 days (or such greater number, if any, that may be required by local law) within which to respond to the Owner. The Owner must obtain the LHA's authorization for an eviction; accordingly, a copy of the notice shall be furnished simultaneously to the LHA, and the notice shall also state that the Family may, within the same time period, present its ob

LA in writing or ir. person. forthwith examine the on and shall authorize the finds the grounds to be inthe Lease. The LHA shall and the Family of its dein 20 days of the date of rece by the Family, whether y has presented objections

nily lease. The Lease beer (Lessor) and the Family ontain the following provi

DENDUM TO LEASE

g additional Lease provisions
ed in full in the Lease be-
Lessor) and
(Lessee)

ng dwelling unit: —. In
nflict between these and any
is of the Lease, these provi-
ail.

per month),

notify the Lessor and the Lessee of its de-
termination within 20 days of the date of re-
ceipt of the notice by the Lessee whether or
not the Lessee has presented objections to
the LHA.

"d. The Lessor shall not discriminate
against the Lessee in the provision of ser-
vices, or in any other manner, on the
grounds of race, color, creed, religion, sex,
or national origin.

tal rent ($→ payable by the Housing Auas housing assistance payalf of the Lessee and $able by the Lessee. These l be subject to change by nges in the family income or as determined by the LHA, efhe date stated in a notification ge by the LHA to the Lessee

"e. This Lease has been signed by the par-
ties on the condition that the LHA will
promptly execute a Housing Assistance Pay-
ments Contract with the Lessor. According.
ly, this Lease shall not become effective
unless the LHA has executed such Contract
by the first day of occupancy specified in
the Lease.
"Lessor-

sor shall provide the following luding security) and mainte

Date-
By-

ify all services to be provided by which shall include all services supplied to tenants of this type n the locality. In preparing this ons contained in form HUDide for Lease Provisions for e and Security Services, shall be cept to the extent modifications d by the LHA.]

Lessee

Date

1.7. Relocation certification. a. The
Owner hereby certifies that the dwelling
unit was vacant on the date that he execut-
ed the Request for Lease Approval with the
Family. If the unit was not vacant on that
date, the Owner hereby certifies that it was
or will be vacated (check applicable box):

as a result of voluntary decision of occu-
pant,

□as a result of action by Owner for cause, or
for reasons clearly unrelated to leasing of
the unit by the Family under the Hous-
ing Assistance Payments Program, and
the Owner further certifies that the spe-
cific circumstances were as follows:

This certification is made subject to penalty under 18 U.S.C. 1001, which provides, among other things, that whoever knowingly or willfully makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.

essor shall not evict the Lessee Lessor complies with the requirecal law, if any, and of this proviessor shall give the Lessee a writof the proposed eviction, stating is and advising the Lessee that he s (or such greater number, if any, be required by local law) within espond to the Lessor. Because the st obtain the LHA's authorization ction, a copy of the notice shall be simultaneously to the LHA, and e shall also state that the Lessee in the same time period, present tions to the LHA in writing or in The LHA shall forthwith examine nds for eviction and shall authorize ion unless it finds the grounds to be ent under the Lease. The LHA shall

b. The Government has determined that satisfactory commitments have been made for the funding of relocation costs pursuant to the Uniform Relocation Assistance Real Property Acquisition Policies Act of 1970, as follows:

c. If paragraph b is inapplicable, the Owner agrees to hold harmless and to indemnify the LHA for any cost incurred under said Act in connection with vacation of said units, and the Owner further agrees that the LHA shall have the right to be reimbursed for any such costs by withholding from housing assistance payments payable to the Owner.

1.8. Entire Agreement. This Contract, including Part II hereof, contains the entire

between the parties hereto, and rty is bound by any representagreements of any kind except as herein. No changes in this Conbe made except in writing signed e Owner and the LHA.

al interest. The Owner warrants s the legal right to execute this nd to lease the dwelling unit covs Contract.

ing Authority

3 HOUSING ASSISTANCE PAYMENTS OGRAM EXISTING HOUSING

SSISTANCE PAYMENTS CONTRACT-
PART II

scrimination in housing. a. Neiwner nor the LHA shall, in the approval of Families, in the prorvices, or in any other manner, e against any person on the race, color, creed, religion, sex, origin. No person shall be autoxcluded from participation in or he benefits of the Housing Asayments Program because of in a class such as unmarried cipients of public assistance, etc. wner shall comply with all reimposed by Title VIII of the Act of 1968, Public Law 90-284, and any rules and regulations ereto.

vner shall comply with all remposed by Title VI of the Civil of 1964, Public Law 88-352, 78 he regulations of the Departusing and Urban Development under, 24 CFR, Subtitle A, Part 1, et seq.; the requirements of ment pursuant to said regulaxecutive Order 11063 to the end rdance with that Act, the regurequirements of said Departnder, and said Executive Order, the United States shall, on the ce, color, creed, religion or nabe excluded from participation led the benefits of, the Housing ayments Program, or be otherd to discrimination. This proviled pursuant to the regulations rtment of Housing and Urban , 24 CFR, Subtitle A, Part 1, t seq.; issued under Title VI of Rights Act of 1964, and the ref said Department pursuant to ons; and the obligation of the nply therewith inures to beneGovernment, the said Depart

e LHA any of which shall be voke any remedies available by

law to redress any breach thereof or to compel compliance therewith by the Owner. 2.2. Cooperation in equal opportunity compliance reviews. The LHA and the Owner shall cooperate with the Government in the conducting of compliance reviews and complaint investigations pursuant to all applicable civil rights statutes, Executive Orders, and rules and regulations pursuant thereto.

2.3. Annual Contributions Contract

a. The LHA has entered into an Annual Contributions Contract dated

with the Government, with respect to Project No.-("ACC"), under which the Government will provide financial assistance to the LHA pursuant to Section 23 of the United States Housing Act of 1937, for the purpose of making housing assistance payments, which ACC shall be provided by the LHA to the Owner upon request.

b. The LHA hereby pledges such annual contributions payable under Section 1.3(b)(1) of Part I of the ACC to the payment of housing assistance payments pursuant to this and other Housing Assistance Payments Contracts entered into as a part of said Project.

2.4. LHA and government access to premises and owner's records. The Owner shall permit the LHA and the Government, or any of their duly authorized representatives, to have access to the Premises and, for the purpose of audit and examination, to have access to any books, documents, papers and records of the Owner that are pertinent to compliance with this Contract, including the verification of information pertinent to the monthly requests to the LHA for housing assistance payments.

2.5. Default by the owner. a. A Default by the Owner under this Contract shall result if:

(1) the Owner has violated or failed to comply with any provisions of this Contract or of the Owner-Family Lease; or

(2) The Owner has failed to perform any of its obligations under this Contract or under the Owner-Family Lease; or

(3) The Owner has asserted or demonstrated an intention not to perform some or all of his obligations under this Contract or under the Owner-Family Lease.

b. Upon the determination by the LHA that a Default has occurred, the LHA may notify the Owner that the LHA is terminating the Contract effective 30 days from the date of notice, unless within that period the Owner cures any non-compliance, or initiates a course of corrective action which will cure the non-compliance within such minimum additional time as may be necessary and agreed to by the LHA. If the LHA so notifies the Owner, it shall also send a copy of such notice to the Family, together with information regarding continued assistance.

« PreviousContinue »