Archives for November 2022
Delayed Housing Assistance Payment (HAP)
Thank you for your inquiry regarding the delayed Housing Authority of Maricopa County (HAMC) Housing Assistance Payment (HAP).
We appreciate your patience and understanding that HAMC is a federally funded program and payments can sometimes be delayed as we wait for HUD to provide the funds we need.
Per the HAP Contract and HAMC’s Administrative Policy, the HAMC is not responsible for late fees when it is beyond the PHA’s control.
Please review section of the HAP Contract, 7. PHA Payment to Owner:
- PHA Payment to Owner a. When paid (1) During the term of the HAP contract, the PHA must make monthly housing assistance payments to the owner on behalf of the family at the beginning of each month. (2) The PHA must pay housing assistance payments promptly when due to the owner. (3) If housing assistance payments are not paid promptly when due after the first two calendar months of the HAP contract term, the PHA shall pay the owner penalties if all of the following circumstances apply: (i) Such penalties are in accordance with generally accepted practices and law, as applicable in the local housing market, governing penalties for late payment of rent by a tenant; (ii) It is the owner’s practice to charge such penalties for assisted and unassisted tenants; and (iii) The owner also charges such penalties against the tenant for late payment of family rent to owner. However, the PHA shall not be obligated to pay any late payment penalty if HUD determines that late payment by the PHA is due to factors beyond the PHA’s control. Moreover, the PHA shall not be obligated to pay any late payment penalty if housing assistance payments by the PHA are delayed or denied as a remedy for owner breach of the HAP contract (including any of the following PHA remedies: recovery of overpayments, suspension of housing assistance payments, abatement or reduction of housing assistance payments, termination of housing assistance payments and termination of the contract).
Additionally, please remember that the tenant is not responsible for the HAP payment as indicated in HAP Contract: Tenancy Addendum. 5. Family Payment to Owner a. & d.
- Family Payment to Owner a. The family is responsible for paying the owner any portion of the rent to owner that is not covered by the PHA housing assistance payment. b. Each month, the PHA will make a housing assistance payment to the owner on behalf of the family in accordance with the HAP contract. The amount of the monthly housing assistance payment will be determined by the PHA in accordance with HUD requirements for a tenancy under the Section 8 voucher program. c. The monthly housing assistance payment shall be credited against the monthly rent to owner for the contract unit. d. The tenant is not responsible for paying the portion of rent to owner covered by the PHA housing assistance payment under the HAP contract between the owner and the PHA. A PHA failure to pay the housing assistance payment to the owner is not a violation of the lease. The owner may not terminate the tenancy for nonpayment of the PHA housing assistance payment. e. The owner may not charge or accept, from the family or from any other source, any payment for rent of the unit in addition to the rent to owner. Rent to owner includes all housing services, maintenance, utilities and appliances to be provided and paid by the owner in accordance with the lease. f. The owner must immediately return any excess rent payment to the tenant.
You may also review the HAMC Administrative Policy Chapter 9.1
Late payment of HAP to the owner is subject to the late fees specified in the owner’s lease. HAMC is not responsible for payment of late fees caused by:
• The participant’s late payment of rent
• Late HUD fund transfer
• HAP payments on hold (HQS, etc.)
• Any other HUD allowed reason and circumstances beyond HAMC control.
Your partnership is important to HAMC and our community. We will provide you with updates as we received them.
The HAMC Rental Assistance Team