Housing Voucher Programs - Policy and Procedures Manual

Chapter X Sections

1. Required Moves
2. Moves With Continued Assistance
3. HA Responsibilities in a Move
4. Denial of Move Request
5. Tenant Locates Unit
6. Moves Resulting in an End of Participation
7. Unauthorized Moves
8. Reinstate
9. Subsidy Overlaps
10. Elite Procedures
11. Execute Documents
    1. Complete Part A of the HAP Contract
    2. Part B of HAP Contract
    3. Tenancy Addendum (HUD 52641A)
    4. Adjustment Notification (MSHDA-34)
12. Chart of Required Paperwork for Moves
13. Submit File Material
14. Tickler Systems
15. Definitions
16. Applicable Forms List

Chapter X: Moves

Section K: Execute Documents

The HA refers to the Forms Reference Submission Chart (MSHDA 284) to ensure all forms are executed. Forms should be typed (or clearly written, including FSS, if applicable). Use of correction fluid is not allowed.

The HA obtains appropriate signatures and distributes documents.

After the documents have been executed, they cannot be changed or altered in any way unless the appropriate parties initial the change. Strike-outs are not allowed unless properly initialed. (Note: HA must not sign or initial the landlord lease.) Use of correction fluid is not allowed.

1. Complete Part A of the HAP Contract

• Contract Information (HUD 52641, Pages 1&2). Obtain landlord & HA signatures.
• The HA must make every effort to have the HAP Contract fully executed prior to the effective date of the initial lease term.
• If the HAP Contract cannot be executed by the begin date of the initial lease term, the HAP Contract may be signed within 60 days after the effective date of the initial lease term IF:
  1. The Lease Agreement was executed on or before the effective date of the initial lease term (Note: The Lease Agreement cannot be signed after the initial effective date); AND
  2. The tenant and other appropriate family members have occupied the unit since the beginning of the initial lease term.
• The HAP Contract MUST be signed the same date or after the initial lease begin date but MAY NOT be executed (and/or dated) after 60 days from the effective date of the initial lease term under any circumstances.
  1. After the 60 days, the corresponding Lease Agreement is null and void and must be re-executed with an effective date no more than 60 days after the effective date of the initial lease term.
• Once executed, the HAP Contract cannot be changed or altered in any way unless all parties initial the change. ‘Strike outs’ are acceptable only if properly initialed by all parties.
  1. The Contract Rent cannot be changed for the duration of the initial contract.
  2. If the family residing in the unit is elderly or disabled (as evidenced by a properly completed MSHDA 16 or MSHDA 100) and requires the services of a full-time live-in aide, the term “Full-time Live-in Aide” must be included as a member of the family on the HAP Contract. Refer to Chapter III, Section B-12, Full-Time Live-in Aides.

2. Part B of HAP Contract

• Body of Contract (HUD-52641, Pages 3 – 10)
• Once the owner and unit are approved, the HUD-issued HAP Contract for the HCV Program (HUD-52641) may be executed. This HAP contract must be executed between MSHDA and owner for units newly occupied by families with a HCV.
• The term of the contract runs concurrently with the lease term. The HAP contract terminates if the lease terminates. The Lease dates for item 5 on the HAP Contract must match the Lease begin and end dates.

3. Tenancy Addendum (HUD 52641A)

The Tenancy Addendum (HUD 52641A) must be attached to the Lease and included in the MSHDA file.

4. Adjustment Notification (MSHDA-34)

Because the Contract and Lease do not identify the amount of the Tenant Rent, an Adjustment Notification must be prepared that identifies the payment breakdown.

• If applicable, prorated payment amounts may be identified in the MSHDA Optional Use Only section of the form.
• Prorated amounts are calculated by dividing the actual number of days in the prorated month and multiplying by the number of days of the pro-ration.