Current through August, 2024
TENANCY ADDENDUM
Section 8 Tenant-Based Assistance Housing Choice
Voucher Program
(To be attached to Tenant Lease)
U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing OMB Approval No.
2577-0169
Exp. 10/31/2010
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 redetermined 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.
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).
(4) The examples of other good
cause in this paragraph do not preempt any State or local laws to the contrary.
(5) 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 90 days 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 December 31, 2012 unless extended by
law.
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 m 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.
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 redetermined 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
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 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.
