U.S. Department of Housing s1

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U.S. Department of Housing s1

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Disaster Rent Subsidy Contract 3. Use of Contract Unit Disaster Housing Assistance a. During the lease term, the family will Program reside in the contract unit with assistance under the DHAP. b. The tenant may not sublease or let Part C of DRS Contract: Lease the unit. Addendum c. The tenant may not assign the lease or transfer the unit. 1. Disaster Housing Assistance Program 4. Lease Rent a. The owner is leasing the contract a. The lease rent may not exceed the unit to the tenant for occupancy by amount approved by the PHA in the tenant’s family with assistance accordance with DHAP for a tenancy under the Disaster requirements. Housing Assistance program b. Changes in the lease rent shall be (DHAP) administered by the United determined by the provisions of the States Department of Housing and lease, DRS contract and DHAP Urban Development (HUD) on requirements. behalf of the Federal Emergency c. The lease rent may not exceed the Management Agency (FEMA). reasonable rent for the unit as b. The owner has entered into a determined by the PHA in Disaster Rent Subsidy contract accordance with DHAP (DRS contract) with the PHA under requirements. DHAP. Under the DRS contract, the PHA will make rent subsidy 5. Family Payment to Owner payments to the owner to assist the a. The family is responsible for paying tenant in leasing the unit from the the owner any portion of the lease owner. rent that is not covered by the PHA rent subsidy payment. 2. Lease b. Each month, the PHA will make a a. The owner has given the PHA a rent subsidy payment to the owner copy of the lease, including any on behalf of the family in accordance revisions agreed to by the owner with the DRS contract. The amount and the tenant. The owner certifies of the monthly rent subsidy payment that the terms of the lease are in will be determined by the PHA in accordance with all provisions of the accordance with DHAP DRS contract and that the lease requirements. includes the lease addendum. c. Commencing March 1, 2008 and b. The tenant shall have the right to for each month thereafter, the enforce the lease addendum against the owner. If there is any conflict PHA will reduce the subsidy between the lease addendum and payment each month by $50 and any other provisions of the lease, the such reduction shall language of the lease addendum incrementally increase each shall control. month thereafter until the program concludes on March 1, 2009. The DHAP participating

Page 1 of 4 family is responsible, each month housing unit to a private rental beginning March 1, 2008, for the market unit that FEMA has amount of the subsidy reduction. located for the family. d. The rent subsidy payment shall be (2) Maintenance and replacement credited against the monthly lease (including redecoration) must be rent for the contract unit. in accordance with the standard e. The tenant is not responsible for practice for the building paying the portion of lease rent concerned as established by the covered by the rent subsidy payment owner. under the DRS contract between the b. Utilities and appliances owner and the PHA. A PHA failure (1) The owner must provide all to pay the rent subsidy payment to utilities needed to comply with the owner is not a violation of the the DHAP operating lease. The owner may not terminate requirements. the tenancy for nonpayment of the (2) The owner is not responsible for PHA rent subsidy payment. a breach of the HQS caused by f. The owner may not charge or the tenant’s failure to: accept, from the family or from any (a) Pay for any utilities that are other source, any payment for rent to be paid by the tenant. of the unit in addition to the lease (b) Provide and maintain any rent. Lease rent includes all housing appliances that are to be services, maintenance, utilities and provided by the tenant. appliances to be provided and paid c. Family Damage. The owner is not by the owner in accordance with the responsible for a breach of the HQS lease. because of damages beyond normal g. The owner must immediately return wear and tear caused by any member of any excess rent payment paid by the the household or by a guest. tenant to the tenant. d. Housing Services. The owner must provide all housing services as agreed 6. Other Fees and Charges to in the lease. The owner may not charge the tenant extra amounts for items customarily 8. Termination of Tenancy: Owner included in lease rent in the locality, or Requirements. The owner may only provided at no additional cost to terminate the tenancy in accordance unsubsidized tenants in the premises. with the lease, state and local law and requirements under Disaster Housing 7. Maintenance, Utilities, and Other Assistance Program. Services a. Maintenance 9. Lease: Relation to DRS Contract (1) The owner must maintain the If the DRS contract terminates for any unit and premises in accordance reason, the lease is not affected by the with housing quality standards or termination of the DRS contract or rent the limited inspection subsidy payments. However, upon requirements applicable only to termination of the DRS contract, this (a) FEMA rental assistance lease addendum shall be void. families transitioning to the DHAP by staying in-place in the 10. PHA Termination of Assistance FEMA rental assistance unit, and The PHA may terminate program (b) a family relocating from a assistance for the family, for any FEMA provided temporary grounds authorized in accordance with DHAP requirements. If the PHA

Page 2 of 4 decides to terminate program tenancy in accordance with program assistance for the family, the DRS requirements and has executed a contract terminates and no additional new DRS contract with the owner: rent subsidy payments will be made to (1) If there are any changes in lease the owner. requirements governing tenant or owner responsibilities for 11. Family Move Out utilities or appliances; The tenant must notify the PHA and the (2) If the family moves to a new unit, owner before the family moves out of even if the unit is in the same the unit. building or complex. c. PHA approval of the tenancy, and 12. Prohibition of Discrimination execution of a new DRS contract, In accordance with applicable equal are not required for agreed changes opportunity statutes, Executive Orders, in the lease other than as specified and regulations, the owner must not in paragraph b. discriminate against any person d. The owner must notify the PHA and because of race, color, religion, sex, the tenant of any changes in the national origin, age, familial status or amount of the lease rent at least disability in connection with the lease. thirty days before any such changes go into effect, and the amount of the 13. Conflict with Other Provisions of lease rent following any such agreed Lease change must be in accordance with a. The terms of the lease addendum DHAP requirements. are prescribed by HUD in accordance with HUD and FEMA 15. Notices requirements, as a condition for Any notice under the lease by the tenant Federal assistance to the tenant and to the owner or by the owner to the tenant’s family under the DHAP. tenant must be in writing. b. In case of any conflict between the provisions of the lease addendum as 16. Definitions required by HUD, and any other Contract unit. The housing unit rented provisions of the lease or any other by the tenant with assistance under the agreement between the owner and program. the tenant, the requirements of this Family. The persons who may reside in lease addendum shall control. the unit with assistance under the DHAP. 14. Changes in Lease or Rent DRS contract. The rent subsidy a. The tenant and the owner may not payments contract between the PHA make any change in the lease and the owner. The PHA pays rent addendum. However, if the tenant subsidy payments to the owner in and the owner agree to any other accordance with the DRS contract. changes in the lease, such changes FEMA. Federal Emergency must be in writing, and the owner Management Agency must immediately give the PHA a Housing quality standards (HQS). The copy of such changes. The lease, HUD standards for housing assisted including any changes, must be in under the DHAP. accordance with the requirements of HUD. The U.S. Department of Housing the lease addendum. and Urban Development. b. In the following cases, rent subsidy DHAP requirements. DHAP payments shall not be continued requirements are the Inter-Agency unless the PHA has approved a new Agreement between FEMA and HUD,

Page 3 of 4 the Operating Requirements for the Owner. Any person or entity with the program, any applicable HUD notices, legal right to lease or sublease a unit to Federal Register Notices, regulations, a participant. contracts and HUD policies for the PHA. Public Housing Agency. A DHAP. housing agency or other HUD Lease. The written agreement between designated intermediary agency that the owner and the tenant for the lease of administers the DHAP. the contract unit to the tenant. The lease Premises. The building or complex in includes the lease addendum prescribed which the contract unit is located, by HUD. including common areas and grounds. Lease rent. The total monthly rent Program. The Disaster Housing payable to the owner for the contract Assistance program. unit. The lease rent is the sum of the Tenant. The family member (or portion of rent payable by the tenant members) who leases the unit from the plus the PHA rent subsidy payment to owner. the owner.

Signatures:

Tenant Owner

______Print or Type Name of Tenant Print or Type Name of Owner

______Signature Signature

______Date (mm/dd/yyyy) Print or Type Name and Title of Signatory

______Date (mm/dd/yyyy)

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