Housing Assistance Payments Contract (HAP Contract) Guidelines

Housing Choice Voucher / Landlords

After the landlord has selected a family, the unit has passed inspection (Section 3 - Inspections) and the rent has been determined and approved, the legal and binding documents will need to be signed. These documents include:   The Lease; Tenancy Addendum; and Housing Assistance Payments Contract.

Before executing the contracts, the landlord must provide proof of ownership of the property with a copy of the recorded warranty deed. If there is an agent managing the unit for the landlord, there must be a management agreement giving the agent the authority to manage the property and execute documents on behalf of the owner. In addition to supplying a recorded warranty deed, the MHA will need a copy of that agreement.

The lease and tenancy addendum serve as a contract between the landlord and the family establishing the rights and responsibilities of both parties. The lease gives the family the right to occupy and use the interior and exterior of the unit for a specific period of time in accordance with the terms and conditions of the lease. A copy of the HUD Tenancy Addendum must be attached to the landlord lease. The approved lease agreement, takes precedence over any other lease that the landlord may have executed with the family prior to the HAP contract with the MHA.

The Housing Assistance Contract is between the Landlord and the MHA. There are two parts to this agreement, Part A and B.

Part A contains all contract information such as:

1. Full name of family
2. Unit address
3. Beginning of lease term
4. All household members
5. Initial rent to owner
6. Housing Assistance Payment (HAP)
7. Signature of Landlord and the MHA representative
8. Maintenance, utilities and other services

Part B contains all of the contract terms. Please read and be familiar with all of the terms of the contract, but play close attention to the following:

1. Term of the HAP Contract
2. Relation to the lease term
3. When HAP contract terminates
4. Termination of Tenancy by Owner
5. Rent to Owner: Reasonableness
6. Rent to Owner: Adjustments
7. MHA’s Payment to Owner
8. Owner Certification
9. The Owner is maintaining the unit in accordance with HQS
10. The unit is leased to the family named in the lease
11. The rent charged does not exceed that of a comparable unassisted unit rented by the owner
12. The owner will not collect more that the MHA determined family rent and subsidy, which combined equals the total contract rent
13. Assignment of HAP Contract
14. Conflict of Interest

Lease: a written agreement between an owner or an owner’s agent and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a HAP contract between the owner and the MHA. At minimum the lease must contain the following information:

1. The names of the owner(s) and the tenant
2. The unit rented (address, apartment number, and any other information needed to identify the contract unit)
3. The term of the lease (initial term and any provisions for renewal)
4. The amount of the monthly rent to owner
5. A specification of what utilities and appliances are to be supplied by the owner, and what utilities and appliances are to be supplied by the family
6. The amount of any charges for food, furniture, or supportive services

We also recommend you include the following information in the lease (these are optional, not required):

1. Notice Requirements (time required to terminate contract by either party). This should include a mailing address for both tenant and owner for formal notices
2. Forms of acceptable payments (Cash, check, money order, etc.)
3. Maintenance of the property (responsibilities)
4. Cost and Forms of Repair of Property Damages
5. Pet Policy

Tenancy Addendum: contains information that must be included in or attached to the lease agreement.

Once the unit passes inspection, the MHA will call you and the tenant to establish the move-in date. If the tenant is currently in the unit, the lease will start on or after the date the unit passes inspection. If the unit has passed and the tenant has not moved in the unit, you and the tenant must agree on the date you will surrender the keys to the tenant and come to the MHA office to sign the required paperwork. Then tenant must sign all documents before moving in. In order for you to receive prompt payment, you and the tenant must sign the documents promptly.

Please make sure you receive a copy of all documents that you sign for your records.

NOTE: If the tenant moves in before the unit passes inspection and before the contract signing, the tenant will be responsible for 100% of the contract rent until the unit passes and all documents are signed.