During the term of this contract, the owner certifies that: |
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(5) If the owner has engaged in any drug-related |
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a. The owner is maintaining the contract unit and premises in |
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criminal activity or any violent criminal activity. |
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accordance with the HQS. |
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b. |
If the PHA determines that a breach has occurred, the |
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b. The contract unit is leased to the tenant. The lease includes |
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PHA may exercise any of its rights and remedies under |
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the tenancy addendum (Part C of the HAP contract), |
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the HAP contract, or any other available rights and |
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and is in accordance with the HAP contract and |
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remedies for such breach. The PHA shall notify the |
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program requirements. The owner has provided the |
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owner of such determination, including a brief |
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lease to the PHA, including any revisions of the lease. |
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statement of the reasons for the determination. The |
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c. |
The rent to owner does not exceed rents charged by the |
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notice by the PHA to the owner may require the owner |
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owner for rental of comparable unassisted units in the |
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to take corrective action, as verified or determined by |
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premises. |
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the PHA, by a deadline prescribed in the notice. |
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d. |
Except for the rent to owner, the owner has not |
c. |
The PHA’s rights and remedies for owner breach of the |
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received and will not receive any payments or other |
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HAP contract include recovery of overpayments, |
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consideration (from the family, the PHA, HUD, or any |
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suspension of housing assistance payments, abatement |
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other public or private source) for rental of the contract |
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or other reduction of housing assistance payments, |
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unit during the HAP contract term. |
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termination of housing assistance payments, and |
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e. |
The family does not own or have any interest in the |
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termination of the HAP contract. |
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contract unit. |
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d. |
The PHA may seek and obtain additional relief by |
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f. |
To the best of the owner’s knowledge, the members of |
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judicial order or action, including specific performance, |
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the family reside in the contract unit, and the unit is the |
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other injunctive relief or order for damages. |
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family’s only residence. |
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e. |
Even if the family continues to live in the contract unit, |
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g. |
The owner (including a principal or other interested |
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the PHA may exercise any rights and remedies for |
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party) is not the parent, child, grandparent, grandchild, |
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owner breach of the HAP contract. |
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sister, or brother of any member of the family, unless |
f. |
The PHA’s exercise or non-exercise of any right or |
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the PHA has determined (and has notified the owner |
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remedy for owner breach of the HAP contract is not a |
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and the family of such determination) that approving |
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waiver of the right to exercise that or any other right or |
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rental of the unit, notwithstanding such relationship, |
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remedy at any time. |
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would provide reasonable accommodation for a family |
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member who is a person with disabilities. |
11. PHA and HUD Access to Premises and Owner’s Records |
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a. |
The owner must provide any information pertinent to |
9. |
Prohibition of Discrimination. In accordance with |
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the HAP contract that the PHA or HUD may |
applicable equal opportunity statutes, Executive Orders, |
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reasonably require. |
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and regulations: |
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b. |
The PHA, HUD and the Comptroller General of the |
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United States shall have |
full and free access to the |
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a. |
The owner must not discriminate against any person |
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contract unit and the premises, and to all accounts and |
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because of race, |
color, religion, |
sex, |
national origin, |
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other records of the owner that are relevant to the HAP |
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age, familial status, or disability in connection with the |
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contract, including the right to |
examine |
or audit the |
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HAP contract. |
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records and to make copies. |
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b. |
The owner must cooperate with the PHA and HUD in |
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c. |
The owner must grant such access to computerized or |
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conducting equal opportunity compliance reviews and |
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other electronic records, and to any computers, equip- |
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complaint investigations in connection with the HAP |
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ment or facilities containing such records, and must |
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contract. |
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provide any information or assistance needed to access |
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10. Owner’s Breach of HAP Contract |
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the records. |
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a. |
Any of the following actions by the owner (including a |
12. Exclusion of Third Party Rights |
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principal or other interested party) is a breach of the |
a. |
The family is not a party to or third party beneficiary of |
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HAP contract by the owner: |
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Part B of the HAP contract. The family may not |
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(1) If the owner has violated any obligation under the |
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enforce any provision of Part B, and may not exercise |
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HAP contract, including the owner’s obligation |
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any right or remedy against the owner or PHA under |
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to maintain the unit in accordance with the HQS. |
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Part B. |
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(2) |
If the owner has violated |
any obligation under |
b. |
The tenant or |
the PHA |
may |
enforce |
the tenancy |
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addendum (Part |
C of the |
HAP |
contract) |
against the |
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any other housing assistance payments contract |
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owner, and may exercise any right or remedy against |
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under Section 8. |
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the owner under the tenancy addendum. |
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(3) |
If the owner has committed fraud, bribery or any |
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c. |
The PHA does not assume any responsibility for injury |
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other corrupt or criminal act in connection with |
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to, or any liability to, any person injured as a result of |
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any Federal housing assistance program. |
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the owner’s action or failure to act in connection with |
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(4) |
For projects with mortgages insured by HUD or |
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management of the contract unit or the premises or with |
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loans made by HUD, if the owner has failed to |
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implementation of the HAP contract, or as a result of |
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comply with the regulations for the applicable |
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any other action or failure to act by the owner. |
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mortgage insurance or loan program, with the |
d. |
The owner is not the agent of the PHA, and the HAP |
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mortgage or mortgage note, or with the |
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contract does not create |
or affect any |
relationship |
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regulatory |
agreement; or |
if |
the owner has |
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between the PHA and any lender to the owner or any |
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