Common use of Owner Default and PHA Remedies Clause in Contracts

Owner Default and PHA Remedies. A. Owner Default Any of the following is a default by the owner under the Agreement: 1. The owner has failed to comply with any obligation under the Agreement. 2. The owner has violated any obligation under any other housing assistance payments contract under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). 3. The owner has committed any fraud or made any false statement to the PHA or HUD in connection with the Agreement. 4. The owner has committed fraud, bribery, or any other corrupt or criminal act in connection with any Federal housing assistance program. 5. If the property where the contract units are located is subject to a lien or security interest securing a HUD loan or mortgage insured by HUD and: a. The owner has failed to comply with the regulations for the applicable HUD loan or mortgage insurance program, with the mortgage or mortgage note, or with the regulatory agreement; or b. The owner has committed fraud, bribery, or any other corrupt or criminal act in connection with the HUD loan or HUD-insured mortgage. 6. The owner has engaged in any drug-related criminal activity or any violent criminal activity. B. PHA Remedies 1. If the PHA determines that a breach has occurred, the PHA may exercise any of its rights or remedies under the Agreement. 2. The PHA must notify the owner in writing of such determination. The notice by the PHA to the owner may require the owner to take corrective action (as verified by the PHA) by a time prescribed in the notice. 3. The PHA’s rights and remedies under the Agreement include, but are not limited to: (i) terminating the Agreement; and (ii) declining to execute the HAP contract for some or all of the units. C. PHA Remedy is not Waived The PHA’s exercise or non-exercise of any remedy for owner breach of the Agreement is not a waiver of the right to exercise that remedy or any other right or remedy at any time.

Owner Default and PHA Remedies. A. Owner Default Any of the following is a default by the owner under the Agreement: 1. The owner has failed to comply with any obligation under the Agreement. 2. The owner has violated any obligation under any other housing assistance payments contract under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). 3. The owner has committed any fraud or made any false statement to the PHA or HUD in connection with the Agreement. 4. The owner has committed fraud, bribery, bribery or any other corrupt or criminal act in connection with any Federal housing assistance program. 5. If the property where the contract units are located is subject to a lien or security interest securing a HUD loan or a mortgage insured by HUD and: a. A. The owner has failed to comply with the regulations for the applicable HUD loan or mortgage insurance or loan program, with the mortgage or mortgage note, or with the regulatory agreement; or b. B. The owner has committed fraud, bribery, bribery or any other corrupt or criminal act in connection with the HUD loan or HUD-insured mortgage. 6. The owner has engaged in any drug-related criminal activity or any violent criminal activity. B. PHA Remedies 1. If the PHA determines that a breach has occurred, the PHA may exercise any of its rights or remedies under the Agreement. 2. The PHA must notify the owner in writing of such determination. The notice by the PHA to the owner may require the owner to take corrective action (as verified by the PHA) by a time prescribed in the notice. 3. The PHA’s rights and remedies under the Agreement include, but are not limited to: (i) terminating the Agreement; and (ii) declining to execute the HAP contract for some or all of the units. C. PHA Remedy is not Waived The PHA’s exercise or non-exercise of any remedy for owner breach of the Agreement is not a waiver of the right to exercise that remedy or any other right or remedy at any time.

Owner Default and PHA Remedies. A. Owner Default Any of the following is a default by the owner under the Agreement: 1. The owner has failed to comply with any obligation under the Agreement. 2. The owner has violated any obligation under any other housing assistance payments contract under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). 3. The owner has committed any fraud or made any false statement to the PHA or HUD in connection with the Agreement. 4. The owner has committed fraud, bribery, or any other corrupt or criminal act in connection with any Federal housing assistance program.. SAMPLE 5. If the property where the contract units are located is subject to a lien or security interest securing a HUD loan or mortgage insured by HUD and: a. The owner has failed to comply with the regulations for the applicable HUD loan or mortgage insurance program, with the mortgage or mortgage note, or with the regulatory agreement; or b. The owner has committed fraud, bribery, or any other corrupt or criminal act in connection with the HUD loan or HUD-insured mortgage. 6. The owner has engaged in any drug-related criminal activity or any violent criminal activity. B. PHA Remedies 1. If the PHA determines that a breach has occurred, the PHA may exercise any of its rights or remedies under the Agreement. 2. The PHA must notify the owner in writing of such determination. The notice by the PHA to the owner may require the owner to take corrective action (as verified by the PHA) by a time prescribed in the notice. 3. The PHA’s rights and remedies under the Agreement include, but are not limited to: (i) terminating the Agreement; and (ii) declining to execute the HAP contract for some or all of the units. C. PHA Remedy is not Waived The PHA’s exercise or non-exercise of any remedy for owner breach of the Agreement is not a waiver of the right to exercise that remedy or any other right or remedy at any time.