Common use of Assignment of the HAP Contract Clause in Contracts

Assignment of the HAP Contract. a. The owner may not assign the HAP contract to a new owner without the prior written consent of the PHA. b. If the owner requests XXX consent to assign the HAP contract to a new owner, the owner shall supply any information as required by the PHA pertinent to the proposed assignment. c. The HAP contract may not be assigned to a new owner that is debarred, suspended or subject to a limited denial of participation under HUD regulations (see 24 Code of Federal Regulations Part 24). d. The HAP contract may not be assigned to a new owner if HUD has prohibited such assignment because: (1) The Federal government has instituted an administrative or judicial action against the owner or proposed new owner for violation of the Fair Housing Act or other Federal equal opportunity requirements, and such action is pending; or (2) A court or administrative agency has determined that the owner or proposed new owner violated the Fair Housing Act or other Federal equal opportunity requirements. e. The HAP contract may not be assigned to a new owner if the new owner (including a principal or other interested party) is the parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined (and has notified the family of such determination) that approving the assignment, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. f. The PHA may deny approval to assign the HAP contract if the owner or proposed new owner (including a principal or other interested party): (1) Has violated obligations under a housing assistance payments contract under Section 8; (2) Has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal housing program; (3) Has engaged in any drug-related criminal activity or any violent criminal activity; (4) Has a history or practice of non-compliance with the HQS for units leased under the Section 8 tenant-based programs, or non-compliance with applicable housing standards for units leased with project-based Section 8 assistance or for units leased under any other Federal housing program; (5) Has a history or practice of failing to terminate tenancy of tenants assisted under any Federally assisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that: (a) Threatens the right to peaceful enjoyment of the premises by other residents; (b) Threatens the health or safety of other residents, of employees of the PHA, or of owner employees or other persons engaged in management of the housing; (c) Threatens the health or safety of, or the right to peaceful enjoyment of their residents by, persons residing in the immediate vicinity of the premises; or (d) Is drug-related criminal activity or violent criminal activity; (6) Has a history or practice of renting units that fail to meet State or local housing codes; or (7) Has not paid State or local real estate taxes, fines or assessments. g. The new owner must agree to be bound by and comply with the HAP contract. The agreement must be in writing, and in a form acceptable to the PHA. The new owner must give the PHA a copy of the executed agreement.

Assignment of the HAP Contract. a. The owner may not assign the HAP contract to a new owner without the prior written consent of the PHA. b. If the owner requests XXX consent to assign the HAP contract to a new owner, the owner shall supply any information as required by the PHA pertinent to the proposed assignment. c. The HAP contract may not be assigned to a new owner that is debarred, suspended or subject to a limited denial of participation under HUD regulations (see 24 Code of Federal Regulations Part 24). d. The HAP contract may not be assigned to a new owner if HUD has prohibited such assignment because: (1) The Federal government has instituted an administrative adminis- trative or judicial action against the owner or proposed pro- posed new owner for violation of the Fair Housing Act or other Federal equal opportunity requirements, and such action is pending; or (2) A court or administrative agency has determined that the owner or proposed new owner violated the Fair Housing Act or other Federal equal opportunity requirements. e. The HAP contract may not be assigned to a new owner if the new owner (including a principal or other interested party) is the parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined (and has notified the family of such determination) that approving the assignment, notwithstanding notwith- standing such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. f. The PHA may deny approval to assign the HAP contract if the owner or proposed new owner (including a principal princi- pal or other interested party): (1) Has violated obligations under a housing assistance payments contract under Section 8; (2) Has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal housing program; (3) Has engaged in any drug-related criminal activity or any violent criminal activity; (4) Has a history or practice of non-compliance with the HQS for units leased under the Section 8 tenant-tenant- based programs, or non-compliance with applicable housing standards for units leased with project-project- based Section 8 assistance or for units leased under any other Federal housing program; (5) Has a history or practice of failing to terminate tenancy of tenants assisted under any Federally assisted as- sisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that: (a) Threatens the right to peaceful enjoyment of the premises by other residents; (b) Threatens the health or safety of other residents, of employees of the PHA, or of owner employees employ- ees or other persons engaged in management of the housing; (c) Threatens the health or safety of, or the right to peaceful enjoyment of their residents by, persons per- sons residing in the immediate vicinity of the premises; or (d) Is drug-related criminal activity or violent criminal xxxxx- nal activity; (6) Has a history or practice of renting units that fail to meet State or local housing codes; or (7) Has not paid State or local real estate taxes, fines or assessments. g. The new owner must agree to be bound by and comply with the HAP contract. The agreement must be in writing, and in a form acceptable to the PHA. The new owner must give the PHA a copy of the executed agreementagree- ment.

Assignment of the HAP Contract. a. The owner may not assign the HAP contract to a new owner without the prior written consent of the PHA. b. If the owner requests XXX consent to assign the HAP contract to a new owner, the owner shall supply any information as required by the PHA pertinent to the proposed assignment. c. The HAP contract may not be assigned to a new owner that is debarred, suspended or subject to a limited denial of participation under HUD regulations (see 24 Code of Federal Regulations Part 24). d. The HAP contract may not be assigned to a new owner if HUD has prohibited such assignment because: (1) The Federal government has instituted an administrative or judicial action against the owner or proposed new owner for violation of the Fair Housing Act or other Federal equal opportunity requirements, and such action is pending; or (2) A court or administrative agency has determined that the owner or proposed new owner violated the Fair Housing Act or other Federal equal opportunity requirements. e. The HAP contract may not be assigned to a new owner if the new owner (including a principal or other interested party) is the parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined (and has notified the family of such determination) that approving the assignment, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. f. The PHA may deny approval to assign the HAP contract if the owner or proposed new owner (including a principal or other interested party): (1) Has violated obligations under a housing assistance payments contract under Section 8; (2) Has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal housing program; (3) Has engaged in any drug-related criminal activity or any violent criminal activity; (4) Has a history or practice of non-compliance with the HQS for units leased under the Section 8 tenant-tenant- based programs, or non-compliance with applicable housing standards for units leased with project-project- based Section 8 assistance or for units leased under any other Federal housing program; (5) Has a history or practice of failing to terminate tenancy of tenants assisted under any Federally assisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that: (a) Threatens the right to peaceful enjoyment of the premises by other residents; (b) Threatens the health or safety of other residents, of employees of the PHA, or of owner employees or other persons engaged in management of the housing; (c) Threatens the health or safety of, or the right to peaceful enjoyment of their residents by, persons residing in the immediate vicinity of the premises; or (d) Is drug-related criminal activity or violent criminal activity; (6) Has a history or practice of renting units that fail to meet State or local housing codes; or (7) Has not paid State or local real estate taxes, fines or assessments. g. The new owner must agree to be bound by and comply with the HAP contract. The agreement must be in writing, and in a form acceptable to the PHA. The new owner must give the PHA a copy of the executed agreement.

Assignment of the HAP Contract. a. The owner may not assign the HAP contract to a new owner without the prior written consent of the PHA.XXXXX.‌ b. If the owner requests XXX HACSM consent to assign the HAP contract to a new owner, the owner shall supply any information as required by the PHA HACSM pertinent to the proposed assignment. c. The HAP contract may not be assigned to a new owner that is debarred, suspended or subject to a limited denial of participation under HUD regulations (see 24 Code of Federal Regulations Part 24).24).‌ d. The HAP contract may not be assigned to a new owner if HUD has prohibited such assignment because: (1) The Federal government has instituted an administrative or judicial action against the owner or proposed new owner for violation of the Fair Housing Act or other Federal equal opportunity requirements, and such action is pending; or (2) A court or administrative agency has determined that the owner or proposed new owner violated the Fair Housing Act or other Federal equal opportunity requirements. e. The HAP contract may not be assigned to a new owner if the new owner (including a principal or other interested party) is the parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA XXXXX has determined (and has notified the family of such determination) that approving the assignment, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. f. The PHA HACSM may deny approval to assign the HAP contract if the owner or proposed new owner (including a principal or other interested party): (1) Has violated obligations under a housing assistance payments contract under Section 8; (2) Has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal housing program; (3) Has engaged in any drug-related criminal activity or any violent criminal activity; (4) Has a history or practice of non-compliance with the HQS for units leased under the Section 8 tenant-based programs, or non-compliance with applicable housing standards for units leased with project-based Section 8 assistance or for units leased under any other Federal housing program; (5) Has a history or practice of failing to terminate tenancy of tenants assisted under any Federally assisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that: (a) Threatens the right to peaceful enjoyment of the premises by other residents; (b) Threatens the health or safety of other residents, of employees of the PHAHACSM, or of owner employees or other persons engaged in management of the housing; (c) Threatens the health or safety of, or the right to peaceful enjoyment of their residents by, persons residing in the immediate vicinity of the premises; or (d) Is drug-related criminal activity or violent criminal activity; (6) Has a history or practice of renting units that fail to meet State or local housing codes; oror‌ (7) Has not paid State or local real estate taxes, fines or assessments.assessments.‌ g. The new owner must agree to be bound by and comply with the HAP contract. The agreement must be in writing, and in a form acceptable to the PHAHACSM. The new owner must give the PHA HACSM a copy of the executed agreement.

Assignment of the HAP Contract. a. The owner may not assign as sign the HAP contract to a new owner without the prior written consent of the PHA. b. If the t he owner requests XXX consent to assign a ssign the HAP contract to a new owner, the owner shall supply any information as required by the PHA pertinent p ertinent to the proposed assignment. c. The HAP contract may not be assigned to a new owner that i f the n ew owner ( including a principal or o ther interested party) is debarred, suspended or subject to a limited l imited denial of participation pa rticipation under HUD regulations (( see 24 Code C ode of Federal Regulations Part 24). d. The HAP contract may not be assigned to a new owner if i f HUD has prohibited such assignment because: (1) The Federal government has instituted an administrative or judicial action against the a ction a gainst th e owner or proposed new owner for violation of the Fair Housing Act or other Federal equal opportunity o pportunity requirements, and such action is pending; or (2) A court or administrative agency has determined that the owner or proposed new owner violated the Fair Housing Act or other Federal equal opportunity requirements. e. The HAP contract may not be assigned to a new owner if the new owner (( including a principal or other interested partyp arty) is i s the parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined (and has notified the family of such determination) that approving the assignmentt he a ssignment, notwithstanding such relationshipnot withstanding s uch r elation- ship, would provide reasonable accommodation for a family member who is a person with disabilities. f. The PHA may deny approval to assign the HAP contract if the owner or proposed new owner (including a principal or other interested party): (1) Has violated obligations under a housing assistance a ssistance payments contract under Section 8; (2) Has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal housing program; (3) Has engaged in any drug-related criminal ci iminal activity or any violent criminal activity; (4) Has a history or practice of non-compliance o f noncompliance with the t he HQS for units leased under the Section 8 tenant-based programs, or non-compliance noncompliance with applicable a pplicable housing standards for units leased with project-based Section 8 assistance or for units leased under any other Federal housing program; (5) Has a history or practice of failing to terminate tenancy of tenants assisted under any Federally federally assisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that: (a) Threatens the right to peaceful enjoyment t o p eaceful e njoyment of the premises by other residents; (b) Threatens the health or safety of other residents, of employees of the PHA, t he PHA or of owner employees or other persons engaged in management of the housing; (c) Threatens the health or safety of, or the right to peaceful enjoyment of their residents residences by, persons residing in the immediate vicinity of the premises; or (d) Is drug-related criminal activity or violent criminal activity; (6) Has a history or practice of renting spaces or units that fail to meet State or local housing codes; or (7) Has not paid p aid State or local real estate taxest axes, fines or f xxxx o r assessments. g. The new owner ne w o wner must agree a gree to be bound by and comply a nd c omply with the t he HAP contract. The agreement T he a greement must be in writing, and in a form acceptable to the PHA. The new owner must give the PHA a copy of the executed agreement.

Assignment of the HAP Contract. a. The owner may not assign the HAP contract to a new owner without the prior written consent of the PHA. b. If the owner requests XXX consent to assign the HAP contract to a new owner, the owner shall supply any information as required by the PHA pertinent to the proposed assignment. c. The HAP contract may not be assigned to a new owner that is debarred, suspended or subject to a limited denial of participation under HUD regulations (see 24 Code of Federal Regulations Part 24). d. The HAP contract may not be assigned to a new owner if HUD has prohibited such assignment because: (1) The Federal government has instituted an administrative or judicial action against the owner or proposed new owner for violation of the Fair Housing Act or other Federal equal opportunity requirements, and such action is pending; or (2) A court or administrative agency has determined that the owner or proposed new owner violated the Fair Housing Act or other Federal equal opportunity requirements. e. The HAP contract may not be assigned to a new owner if the new owner (including a principal or other interested party) is the parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined (and has notified the family of such determination) that approving the assignment, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. f. The PHA may deny approval to assign the HAP contract if the owner or proposed new owner (including a principal or other interested party): (1) Has violated obligations under a housing assistance payments contract under Section 8; (2) Has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal housing program; (3) Has engaged in any drug-related criminal activity or any violent criminal activity; (4) Has a history or practice of non-compliance with the HQS for units leased under the Section 8 tenant-based programs, or non-non compliance with applicable housing standards for units leased with project-based Section 8 assistance or for units leased under any other Federal housing program; (5) Has a history or practice of failing to terminate tenancy of tenants assisted under any Federally assisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that: (a) Threatens the right to peaceful enjoyment of the premises by other residents; (b) Threatens the health or safety of other residents, of employees of the PHA, or of owner employees or other persons engaged in management of the housing; (c) Threatens the health or safety of, or the right to peaceful enjoyment of their residents by, persons residing in the immediate vicinity of the premises; or (d) Is drug-related criminal activity or violent criminal activity; (6) Has a history or practice of renting units that fail to meet State or local housing codes; or (7) Has not paid State or local real estate taxes, fines or assessments. g. The new owner must agree to be bound by and comply with the HAP contract. The agreement must be in writing, and in a form acceptable to the PHA. The new owner must give the PHA a copy of the executed agreement.. SAMPLE

Assignment of the HAP Contract. a. The owner may not assign the HAP contract to a new owner without the prior written consent of the PHAXXXXX. b. If the owner requests XXX HACSM consent to assign the HAP contract to a new owner, the owner shall supply any information as required by the PHA HACSM pertinent to the proposed assignment. c. The HAP contract may not be assigned to a new owner that is debarred, suspended or subject to a limited denial of participation under HUD regulations (see 24 Code of Federal Regulations Part 24). d. The HAP contract may not be assigned to a new owner if HUD has prohibited such assignment because: (1) The Federal government has instituted an administrative or judicial action against the owner or proposed new owner for violation of the Fair Housing Act or other Federal equal opportunity requirements, and such action is pending; or (2) A court or administrative agency has determined that the owner or proposed new owner violated the Fair Housing Act or other Federal equal opportunity requirements. e. The HAP contract may not be assigned to a new owner if the new owner (including a principal or other interested party) is the parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA XXXXX has determined (and has notified the family of such determination) that approving the assignment, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. f. The PHA HACSM may deny approval to assign the HAP contract if the owner or proposed new owner (including a principal or other interested party): (1) Has violated obligations under a housing assistance payments contract under Section 8; (2) Has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal housing program; (3) Has engaged in any drug-related criminal activity or any violent criminal activity; (4) Has a history or practice of non-compliance with the HQS for units leased under the Section 8 tenant-based programs, or non-compliance with applicable housing standards for units leased with project-based Section 8 assistance or for units leased under any other Federal housing program; (5) Has a history or practice of failing to terminate tenancy of tenants assisted under any Federally assisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that: (a) Threatens the right to peaceful enjoyment of the premises by other residents; (b) Threatens the health or safety of other residents, of employees of the PHAHACSM, or of owner employees or other persons engaged in management of the housing; (c) Threatens the health or safety of, or the right to peaceful enjoyment of their residents by, persons residing in the immediate vicinity of the premises; or (d) Is drug-related criminal activity or violent criminal activity; (6) Has a history or practice of renting units that fail to meet State or local housing codes; or (7) Has not paid State or local real estate taxes, fines or assessments. g. The new owner must agree to be bound by and comply with the HAP contract. The agreement must be in writing, and in a form acceptable to the PHAHACSM. The new owner must give the PHA HACSM a copy of the executed agreement.