Section 8 Templates & Responses

THE HUD HCV TENANCY ADDENDUM CONTROLS — KEY POINTS

1. Term of lease
   - Initial term must be at least one year unless PHA approves shorter.
   - Owner can terminate at end of initial term only on lease-violation grounds
     specified in the addendum (not "no cause" in most jurisdictions during
     initial term).

2. Rent
   - Total rent = HAP (housing assistance payment from PHA) + tenant portion.
   - Owner cannot charge tenant more than the family share approved by the PHA.
   - Side payments are program fraud — both owner and tenant face penalties.
   - Rent increases require written notice to PHA at least 60 days before
     effective date; PHA must approve.

3. Owner termination of tenancy
   Only allowed for:
     a) Serious or repeated violation of lease;
     b) Violation of federal, state, or local law that imposes obligations on
        the tenant in connection with occupancy;
     c) Criminal activity or alcohol abuse;
     d) Other good cause (after initial term — varies by jurisdiction).

   Owner must give written notice + reasons; must also notify PHA.

4. HQS / inspection
   - Owner must maintain unit in compliance with HQS/NSPIRE.
   - PHA may abate HAP (stop paying) if unit fails inspection and isn't fixed
     in the cure period (typically 24h for life-threatening, 30 days for other).
   - During abatement, owner cannot charge tenant the HAP portion.

5. Security deposit
   - Owner may collect a security deposit not exceeding the higher of one
     month's tenant rent OR the maximum allowed under state/local law.

6. Owner not responsible for tenant rent if PHA pays late
   - PHA is obligated to pay HAP. If late, owner pursues PHA, not tenant.

USE THE OFFICIAL HUD FORM 52641-A FOR EXECUTION. This is a reference only.