HUD Rental Assistance Agreement

HUD RENTAL ASSISTANCE AGREEMENT

This Rental Assistance Agreement ("Agreement") is entered into as of by and between Owner Name: ("Owner") and Housing Authority Name: ("Housing Authority"). The parties agree as follows with respect to the unit identified below and the tenant assisted under a HUD rental assistance program.

RECITALS

WHEREAS, Owner is the lawful owner or authorized agent of the premises located at Unit Address: (the "Unit");

WHEREAS, Housing Authority administers HUD rental assistance funds and the tenant named below has been determined eligible for rental assistance; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to rental assistance for Tenant Name: under Voucher/Case Number: .

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below: "Agreement" means this Rental Assistance Agreement; "Contract Rent" means the total gross monthly rent for the Unit before application of rental assistance, as specified in Section 3; "Rent to Owner" means the portion of the Contract Rent payable by Tenant; "Subsidy Payment" means the monthly rental assistance payment payable by the Housing Authority to the Owner under this Agreement.

2. TERM

The term of this Agreement shall commence on Commencement Date: and shall continue month-to-month thereafter until terminated in accordance with the terms of this Agreement. Either party may terminate this Agreement upon thirty (30) days' written notice for reasons permitted by program rules or applicable law.

3. RENT AND ASSISTANCE

The Contract Rent for the Unit shall be Monthly Contract Rent: per month. Housing Authority agrees to pay a Subsidy Payment equal to Monthly Assistance Payment: each month directly to Owner in accordance with program procedures, subject to continued eligibility of the Tenant and availability of program funds.

Owner acknowledges and agrees that Owner may not charge the Tenant any rent, fees, deposits, or other charges in excess of those expressly permitted by the Housing Authority and applicable HUD program rules. Any change to Contract Rent must be approved in writing by the Housing Authority prior to implementation.

4. TENANT ELIGIBILITY AND RESPONSIBILITIES

Tenant shall remain responsible for complying with the lease between Owner and Tenant, and for paying Tenant's share of rent and utilities as specified in that lease. Housing Authority's obligation to make Subsidy Payments is contingent upon Tenant's continued eligibility and participation in the applicable HUD rental assistance program. Owner shall not evict Tenant or refuse to renew the lease without providing Housing Authority prior written notice and an opportunity to determine continued eligibility or to take actions as permitted under program requirements.

5. OWNER OBLIGATIONS

Owner shall: (a) maintain the Unit in compliance with minimum HQS and local habitability standards; (b) permit Housing Authority access for inspections upon reasonable notice and in accordance with applicable law; (c) comply with all federal, state and local laws, including non-discrimination laws; (d) not seek reimbursement from Tenant or Housing Authority for costs not authorized under the lease and program rules; and (e) immediately notify Housing Authority in writing of any changes affecting the tenancy or Tenant eligibility.

6. INSPECTIONS; ACCESS

Housing Authority or its agents shall have the right to inspect the Unit to verify compliance with program requirements and the conditions of this Agreement upon reasonable notice to Owner or as otherwise permitted by law. Owner shall remedy any deficiencies identified in an inspection within the timeframes required by the Housing Authority. Failure to correct substantial deficiencies may be grounds for suspension or termination of Subsidy Payments or termination of this Agreement.

7. DEFAULT; REMEDIES

A material breach of this Agreement by either party shall constitute an event of default. Upon Owner's default, Housing Authority may withhold Subsidy Payments, demand repayment of improper payments, or pursue other remedies available at law or under program rules. Upon Housing Authority default in timely payment of approved Subsidy Payments, Owner may terminate this Agreement after providing thirty (30) days' written notice and an opportunity to cure in accordance with program rules.

8. INDEMNIFICATION; INSURANCE

Owner shall indemnify, defend and hold harmless Housing Authority, its officers, agents and employees from and against claims, losses, liabilities, damages and expenses (including reasonable attorneys' fees) arising from Owner's negligence, willful misconduct, breach of this Agreement, or failure to maintain required insurance. Owner shall maintain adequate property and liability insurance and furnish proof of such insurance to Housing Authority upon request.

9. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be delivered by hand, recognized courier, or certified mail to the addresses below or such other address as a party may designate in writing:

10. ASSIGNMENT

Owner shall not assign or delegate its rights or obligations under this Agreement without the prior written consent of Housing Authority, which consent shall not be unreasonably withheld where the assignee agrees in writing to be bound by the terms of this Agreement. Any attempt to assign without approval shall be void and may be grounds for termination.

11. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with federal HUD program requirements and the laws of the state in which the Unit is located. Venue for any action arising out of this Agreement shall lie in the state or federal courts located within the jurisdiction where the Unit is located.

12. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, together with any lease between Owner and Tenant and any attachments expressly incorporated herein, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument executed by both parties. No failure or delay by either party in exercising any right hereunder shall operate as a waiver of such right. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

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