[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR982.451]

[Page 596-597]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 982--SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM--Table of Contents
 
Subpart J--Housing Assistance Payments Contract and Owner Responsibility
 
Sec. 982.451  Housing assistance payments contract.

    Source: 60 FR 34695, July 3, 1995, unless otherwise noted.


    (a)(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)(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

[[Page 597]]

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 which 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 Sec. 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]