ADMINISTRATIVE PLAN - San Antonio Housing Authority
ADMINISTRATIVE PLAN - San Antonio Housing Authority ADMINISTRATIVE PLAN - San Antonio Housing Authority
All provisions in the HUD-required tenancy addendum must be included in the lease. Theterms of the tenancy addendum prevail over other provisions of the lease.Initial Term and Lease Renewal [24 CFR 983.256(f) and 983.257(b)]The initial lease term must be for at least one year. Upon expiration of the lease, an owner mayrenew the lease, refuse to renew the lease for “good cause,” or refuse to renew the lease withoutgood cause. If the owner refuses to renew the lease without good cause, the PHA must providethe family with a tenant-based voucher and remove the unit from the PBV HAP contract.Changes in the Lease [24 CFR 983.256(e)]If the tenant and owner agree to any change in the lease, the change must be in writing, and theowner must immediately give the PHA a copy of all changes.The owner must notify the PHA in advance of any proposed change in the lease regarding theallocation of tenant and owner responsibilities for utilities. Such changes may only be made ifapproved by the PHA and in accordance with the terms of the lease relating to its amendment.The PHA must redetermine reasonable rent, in accordance with program requirements, based onany change in the allocation of the responsibility for utilities between the owner and the tenant.The redetermined reasonable rent will be used in calculation of the rent to owner from theeffective date of the change.Owner Termination of Tenancy [24 CFR 983.257]With two exceptions, the owner of a PBV unit may terminate tenancy for the same reasons anowner may in the tenant-based voucher program (see Section 12-III.B. and 24 CFR 982.310). Inthe PBV program, terminating tenancy for “good cause” does not include doing so for a businessor economic reason, or a desire to use the unit for personal or family use or other non-residentialpurpose.Non-Compliance with Supportive Services Requirement [24 CFR 983.257(c)]If a family is living in a project-based unit that is excepted from the 25 percent per building capon project-basing because of participation in a supportive services program (e.g., Family Self-Sufficiency), and the family fails to complete its supportive services requirement without goodcause, such failure is grounds for lease termination by the owner.Tenant Absence from the Unit [24 CFR 983.256(g) and 982.312(a)]The owner may specify in the lease a maximum period of tenant absence from the unit that isshorter than the maximum period permitted by PHA policy. According to program requirements,the family’s assistance must be terminated if they are absent from the unit for more than 180consecutive days.Security Deposits [24 CFR 983.258]© Copyright 2008 Nan McKay & Associates, Inc. 18-31Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
The owner may collect a security deposit from the tenant. The PHA may prohibit securitydeposits in excess of private market practice, or in excess of amounts charged by the owner tounassisted tenants.The PHA will allow the owner to collect a security deposit amount the owner determines isappropriate.When the tenant moves out of a contract unit, the owner, subject to state and local law, may usethe security deposit, including any interest on the deposit, in accordance with the lease, asreimbursement for any unpaid tenant rent, damages to the unit, or other amounts owed by thetenant under the lease.The owner must give the tenant a written list of al items charged against the security deposit andthe amount of each item. After deducting the amount used to reimburse the owner, the ownermust promptly refund the full amount of the balance to the tenant.If the security deposit does not cover the amount owed by the tenant under the lease, the ownermay seek to collect the balance form the tenant. The PHA has no liability or responsibility forpayment of any amount owed by the family to the owner.18-VII.C. MOVESOvercrowded, Under-Occupied, and Accessible Units [24 CFR 983.259]If the PHA determines that a family is occupying a wrong size unit, based on the PHA’s subsidystandards, or a unit with accessibility features that the family does not require, and the unit isneeded by a family that does require the features the PHA must promptly notify the family andthe owner of this determination, and the PHA must offer the family the opportunity to receivecontinued housing assistance in another unit.The PHA will notify the family and the owner of the family’s need to move based on theoccupancy of a wrong-size or accessible unit promptly after the PHA’s determination. The PHAwill offer the family the following types of continued assistance in the following order, based onthe availability of assistance:PBV assistance in the same building or project;PBV assistance in another project; orTenant-based voucher assistance.If the PHA offers the family a tenant-based voucher the PHA must terminate the housingassistance payments for a wrong-sized or accessible unit at expiration of the term of the family’svoucher (including any extension granted by the PHA).If the PHA offers the family another form of assistance that is not a tenant-based voucher, andthe family does not accept the offer, does not move out of the PBV unit within a reasonable timeas determined by the PHA, or both, the PHA must terminate the housing assistance payments forthe unit at the expiration of a reasonable period as determined by the PHA.When the PHA offers a family another form of assistance that is not a tenant-based voucher, thefamily will be given 30 days from the date of the offer to accept the offer and move out of the© Copyright 2008 Nan McKay & Associates, Inc. 18-32Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.
- Page 400 and 401: Proving that You Are a Victim of Do
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All provisions in the HUD-required tenancy addendum must be included in the lease. Theterms of the tenancy addendum prevail over other provisions of the lease.Initial Term and Lease Renewal [24 CFR 983.256(f) and 983.257(b)]The initial lease term must be for at least one year. Upon expiration of the lease, an owner mayrenew the lease, refuse to renew the lease for “good cause,” or refuse to renew the lease withoutgood cause. If the owner refuses to renew the lease without good cause, the PHA must providethe family with a tenant-based voucher and remove the unit from the PBV HAP contract.Changes in the Lease [24 CFR 983.256(e)]If the tenant and owner agree to any change in the lease, the change must be in writing, and theowner must immediately give the PHA a copy of all changes.The owner must notify the PHA in advance of any proposed change in the lease regarding theallocation of tenant and owner responsibilities for utilities. Such changes may only be made ifapproved by the PHA and in accordance with the terms of the lease relating to its amendment.The PHA must redetermine reasonable rent, in accordance with program requirements, based onany change in the allocation of the responsibility for utilities between the owner and the tenant.The redetermined reasonable rent will be used in calculation of the rent to owner from theeffective date of the change.Owner Termination of Tenancy [24 CFR 983.257]With two exceptions, the owner of a PBV unit may terminate tenancy for the same reasons anowner may in the tenant-based voucher program (see Section 12-III.B. and 24 CFR 982.310). Inthe PBV program, terminating tenancy for “good cause” does not include doing so for a businessor economic reason, or a desire to use the unit for personal or family use or other non-residentialpurpose.Non-Compliance with Supportive Services Requirement [24 CFR 983.257(c)]If a family is living in a project-based unit that is excepted from the 25 percent per building capon project-basing because of participation in a supportive services program (e.g., Family Self-Sufficiency), and the family fails to complete its supportive services requirement without goodcause, such failure is grounds for lease termination by the owner.Tenant Absence from the Unit [24 CFR 983.256(g) and 982.312(a)]The owner may specify in the lease a maximum period of tenant absence from the unit that isshorter than the maximum period permitted by PHA policy. According to program requirements,the family’s assistance must be terminated if they are absent from the unit for more than 180consecutive days.Security Deposits [24 CFR 983.258]© Copyright 2008 Nan McKay & Associates, Inc. 18-31Revised/Approved 04/08/10 (Eff: 07/01/10)Unlimited copies may be made for internal use.