982.451 Housing assistance payments contract.§ 982.451 Housing assistance payments contract.
(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 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 § 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]