Link to an amendment published at 89 FR 38300, May 7, 2024.(a) Form and term. (1) The HAP contract must be in the form required by HUD.
(2) The term of the HAP contract is the same as the term of the lease.
(b) Housing assistance payment amount. (1) The amount of the monthly housing assistance payment by the PHA to the owner is determined by the PHA in accordance with HUD regulations and other requirements. The amount of the housing assistance payment is subject to change during the HAP contract term.
(2) The monthly housing assistance payment by the PHA is credited toward the monthly rent to owner under the family's lease.
(3) The total of rent paid by the tenant plus the PHA housing assistance payment to the owner may not be more than the rent to owner. The owner must immediately return any excess payment to the PHA.
(4)(i) The part of the rent to owner that is paid by the tenant may not be more than:
(A) The rent to owner; minus
(B) The PHA housing assistance payment to the owner.
(ii) The owner may not demand or accept any rent payment from the tenant in excess of this maximum, and must immediately return any excess rent payment to the tenant.
(iii) The family is not responsible for payment of the portion of rent to owner covered by the housing assistance payment under the HAP contract between the owner and the PHA. See § 982.310(b).
(5)(i) The PHA must pay the housing assistance payment promptly when due to the owner in accordance with the HAP contract.
(ii)(A) The HAP contract shall provide for penalties against the PHA for late payment of housing assistance payments due to the owner if all the following circumstances apply:
(1) Such penalties are in accordance with generally accepted practices and law, as applicable in the local housing market, governing penalties for late payment of rent by a tenant;
(2) It is the owner's practice to charge such penalties for assisted and unassisted tenants; and
(3) The owner also charges such penalties against the tenant for late payment of family rent to owner.
(B) The PHA is not obligated to pay any late payment penalty if HUD determines that late payment by the PHA is due to factors beyond the PHA's control. The PHA may add HAP contract provisions which define when the housing assistance payment by the PHA is deemed received by the owner (e.g., upon mailing by the PHA or actual receipt by the owner).
(iii) The PHA may only use the following sources to pay a late payment penalty from program receipts under the consolidated ACC: administrative fee income for the program, or the administrative fee reserve for the program. The PHA may not use other program receipts for this purpose.
[60 FR 34695, July 3, 1995, as amended at 61 FR 27163, May 30, 1996; 63 FR 23861, Apr. 30, 1998; 64 FR 26647, May 14, 1999; 64 FR 56914, Oct. 21, 1999; 89 FR 38300, May 7, 2024]
Notes of Decisions
Cited in
17
cases (
8 in the last 5 years), 1997–2026 · leading case:
Khan v. Bland, 630 F.3d 519 (7th Cir. 2010).
Khan v. Bland, 630 F.3d 519 (7th Cir. 2010).
· cites it 2× “” HUD-52641, Part B (3/2000), ¶ 4(a) (emphasis added); see also 24 C.F.R. § 982.451 (a)(2) (“The term of the HAP contract is the same as the term *530 of the lease.”
Wasatch Prop. Mgmt. v. Degrate, 112 P.3d 647 (Cal. 2005).
“( 24 CFR § 982.451 (a)(2), (b)(1) (1999).) The HAP contract provided that it “only applied] to the household and unit” occupied by Degrate, and that the “contract terminates automatically if the lease is terminated by the owner or the tenant.”
Rosario v. Diagonal Realty, LLC, 872 N.E.2d 860 (NY 2007).
“Once NYCHA has issued a Section 8 voucher to an eligible family, and the family has found a landlord willing to accept it, the landlord and NYCHA must sign a Housing Assistance Payments (HAP) contract {see 24 CFR 982.451). The *761 HAP contract specifies the terms of the…”
Tolliver v. Hous. Auth. of the Cnty. of Cook, 2017 IL App (1st) 153615 (Ill. App. Ct. 2017).
“See 24 C.F.R. § 982.451 (2006). As one of the conditions for participating in the HCV Program, petitioner agreed to report in writing within 30 days when there was an increase in her household income.”
Tolliver v. Hous. Auth. of the Cnty. of Cook, 2017 IL App (1st) 153615 (Ill. App. Ct. 2017).
“As one of the conditions for participating in the HCV Program, petitioner agreed to report in writing within 30 days when there was an increase in her household income. ¶4 In October 2012, the HACC alleged that the petitioner violated this condition.”
Jackson v. Jacobs, 971 F. Supp. 560 (N.D. Ga. 1997).
“See 24 C.F.R. § 982.451 (b)(2) (1996). Thus, a housing authority is bound to continue making payments to a participant’s landlord until that participant’s lease has been terminated.”
Terry v. Wasatch Advantage Grp., LLC (E.D. Cal. 2022).
· cites it 4× “Because the total rental 19 amount paid by the tenant and the government may not exceed the maximum rent specified in the 20 HAP contract, see 24 C.F.R. § 982.451 et seq., treating the charges under the ASAs as rent would 21 violate federal law and HAP contracts, thus stating…”
Kelly v. Denault, 374 F. Supp. 3d 884 (N.D. Cal. 2018).
“" 24 C.F.R. § 982.451 (b)(4)(ii). Most importantly, the Section 8 voucher program exists to aid low-income families in obtaining housing, "and that purpose is clearly undermined when a program participant overcharges a beneficiary of the program.”
Matter of People of the State of N.Y. v. Commons West, LLC, 2026 NY Slip Op 01253 (N.Y. App. Div. 2026).
“Petitioner's reading would render these provisions meaningless and would also graft additional procedures onto the HAP contract that are prohibited by federal regulation ( see 24 CFR § 982.451 [a] [1]) and by the contract's own merger clause, which provides that it constitutes…”
6601 Dorcheser Inv. Grp., LLC v. United States (Fed. Cl. 2021).
· cites it 2× “” 24 C.F.R. § 982.451 (a)(1). The property owner is responsible for “performing all of the owner’s obligations under the HAP contract and the lease,” including collecting from the tenant both the tenant’s portion of the rent (the amount not covered by the PHA) and any charges…”
— 24 C.F.R. § 982.451(b)(4)(i) — 1 case
Terry v. Wasatch Advantage Grp., LLC (E.D. Cal. 2022).
“Because the total rental 19 amount paid by the tenant and the government may not exceed the maximum rent specified in the 20 HAP contract, see 24 C.F.R. § 982.451 et seq., treating the charges under the ASAs as rent would 21 violate federal law and HAP contracts, thus stating…”
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