Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 185 - SECTION 8 - HOUSING CHOICE VOUCHER PROGRAM › Subchapter 9 - MISCELLANEOUS PROVISION › Exhibit J

Current through June, 2024
Tenancy Addendum
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program
(To be attached to Tenant Lease)
U.S. Department of Housing and Urban
					 Development
Office of Public and Indian Housing
1.
Section 8 Voucher Program
a. The owner is leasing the contract unit to the tenant for
					 occupancy by the tenant's family with assistance for a tenancy under the
					 Section 8 housing choice voucher program (voucher program) of the United States
					 Department of Housing and Urban Development (HUD).
b. The owner has entered into a Housing Assistance Payments
					 Contract (HAP contract) with the PHA under the voucher program. Under the HAP
					 contract, the PHA will make housing assistance payments to the owner to assist
					 the tenant in leasing the unit from the owner.
2.
Lease
a. The owner has given the PHA a copy of the lease,
					 including any revisions agreed by the owner and the tenant. The owner certifies
					 that the terms of the lease are in accordance with all provisions of the HAP
					 contract and that the lease includes the tenancy addendum.
b. The tenant shall have the right to enforce the tenancy
					 addendum against the owner. If there is any conflict between the tenancy
					 addendum and any other provisions of the lease, the language of the tenancy
					 addendum shall control.
3.
Use of Contract Unit
a. During the lease term, the family will reside in the
					 contract unit with assistance under the voucher program.
b. The composition of the household must be approved by the
					 PHA. The family must promptly inform the PHA of the birth, adoption or
					 court-awarded custody of a child. Other persons may not be added to the
					 household without prior written approval of the owner and the PHA.
c. The contract unit may only be used for residence by the
					 PHA-approved household members. The unit must be the family's only residence.
					 Members of the household may engage in legal profitmaking activities incidental
					 to primary use of the unit for residence by members of the family.
d. The tenant may not sublease or let the unit.
e. The tenant may not assign the lease or transfer the
					 unit.
4.
Rent to Owner
a. The initial rent to owner may not exceed the amount
					 approved by the PHA in accordance with HUD requirements.
b. Changes in the rent to owner shall be determined by the
					 provisions of the lease. However, the owner may not raise the rent during the
					 initial term of the lease.
c. During the term of the lease {including the initial term
					 of the lease and any extension term), the rent to owner may at no time
					 exceed:
(1) The reasonable rent for the unit as most recently
					 determined or redetermined by the PHA in accordance with HUD requirements,
					 or
(2) Rent charged by the owner for comparable unassisted
					 units in the premises.
5.
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.
6.
Other Fees and Charges
a. Rent to owner does not include cost of any meals or
					 supportive services or furniture which may be provided by the owner.
b. The owner may not require the tenant or family members
					 to pay charges for any meals or supportive services or furniture which may be
					 provided by the owner. Nonpayment of any such charges is not grounds for
					 termination of tenancy.
c. The owner may not charge the tenant extra amounts for
					 items customarily included in rent to owner in the locality, or provided at no
					 additional cost to unsubsidized tenants in the premises.
7.
Maintenance, Utilities, and Other
					 Services
a.
Maintenance
(1) The owner must maintain the unit and premises in
					 accordance with the HQS.
(2) Maintenance and replacement (including redecoration)
					 must be in accordance with the standard practice for the building concerned as
					 established by the owner.
b.
Utilities and appliances
(1) The owner must provide all utilities needed to comply
					 with the HQS.
(2) The owner is not responsible for a breach of the HQS
					 caused by the tenant's failure to:
(a) Pay for any utilities that are to be paid by the
					 tenant.
(b) Provide and maintain any appliances that are to be
					 provided by the tenant.
c.
Family damage.
The owner is not responsible
					 for a breach of the HQS because of damages beyond normal wear and tear caused
					 by any member of the household or by a guest.
d.
Housing services.
The owner must provide
					 all housing services as agreed to in the lease.
8.
Termination of Tenancy by Owner
a.
Requirements.
The owner may only terminate
					 the tenancy in accordance with the lease and HUD requirements.
b.
Grounds.
During the term of the lease (the
					 initial term of the lease or any extension term), the owner may only terminate
					 the tenancy because of.
(1) Serious or repeated violation of the lease;
(2) Violation of Federal, State, or local law that imposes
					 obligations on the tenant in connection with the occupancy or use of the unit
					 and the premises;
(3) Criminal activity or alcohol abuse (as provided in
					 paragraph c); or
(4) Other good cause (as provided in paragraph d).
c.
Criminal activity or alcohol abuse.
(1) The owner may terminate the tenancy during the term of
					 the lease if any member of the household, a guest or another person under a
					 resident's control commits any of the following types of criminal
					 activity:
(a) Any criminal activity that threatens the health or
					 safety of, or the right to peaceful enjoyment of the premises by, other
					 residents (including property management staff residing on the
					 premises);
(b) Any criminal activity that threatens the health or
					 safety of, or the right to peaceful enjoyment of their residences by, persons
					 residing in the immediate vicinity of the premises;
(c) Any violent criminal activity on or near the premises:
					 or
(d) Any drug-related criminal activity on or near the
					 premises.
(2) The owner may terminate the tenancy during the term of
					 the lease if any member of the household is:
(a) Fleeing to avoid prosecution, or custody or confinement
					 after conviction, for a crime, or attempt to commit a crime, that is a felony
					 under the laws of the place from which the individual flees, or that, in the
					 case of the State of New Jersey, is a high misdemeanor; or
(b) Violating a condition of probation or parole under
					 Federal or State law.
(3) The owner may terminate the tenancy for criminal
					 activity by a household member in accordance with this section if the owner
					 determines that the household member has committed the criminal activity,
					 regardless of whether the household member has been arrested or convicted for
					 such activity.
(4) The owner may terminate the tenancy during the term of
					 the lease if any member of the household has engaged in abuse of alcohol that
					 threatens the health, safety or right to peaceful enjoyment of the premises by
					 other residents.
d.
Other good cause for termination of
					 tenancy
(1) During the initial lease term, other good cause for
					 termination of tenancy must be something the family did or failed to do.
(2) During the initial lease term or during any extension
					 term, other good cause includes:
(a) Disturbance of neighbors,
(b) Destruction of property, or
(c) Living or housekeeping habits that cause damage to the
					 unit or premises.
(3) After the initial lease term, such good cause
					 includes:
(a) The tenant's failure to accept the owner's offer of a
					 new lease or revision;
(b) The owner's desire to use the unit for personal or
					 family use or for a purpose other than use as a residential rental unit;
					 or
(c) A business or economic reason for termination of the
					 tenancy (such as sale of the property, renovation of the unit, the owner's
					 desire to rent the unit for a higher rent).
e.
Eviction by court action.
The owner may
					 only evict the tenant by a court action.
f.
Owner notice of grounds
(1) At or before the beginning of a court action to evict
					 the tenant, the owner must give the tenant a notice that specifies the grounds
					 for termination of tenancy. The notice may be included in or combined with any
					 owner eviction notice.
(2) The owner must give the PHA a copy of any owner
					 eviction notice at the same time the owner notifies the tenant.
(3) Eviction notice means a notice to vacate, or a
					 complaint or other initial pleading used to begin an eviction action under
					 State or local law.
9.
Lease: Relation to HAP Contract
If the HAP contract terminates for any reason, the lease
					 terminates automatically.
10.
PHA Termination of Assistance
The PHA may terminate program assistance for the family for
					 any grounds authorized in accordance with HUD requirements. If the PHA
					 terminates program assistance for the family, the lease terminates
					 automatically.
11.
Family Move Out
The tenant must notify the PHA and the owner before the
					 family moves out of the unit.
12.
Security Deposit
a. The owner may collect a security deposit from the
					 tenant. (However, the PHA may prohibit the owner from collecting a security
					 deposit in excess of private market practice, or in excess of amounts charged
					 by the owner to unassisted tenants. Any such PHA-required restriction must be
					 specified in the HAP contract.)
b. When the family moves out of the contract unit, the
					 owner, subject to State and local law, may use the security deposit, including
					 any interest on the deposit, as reimbursement for any unpaid rent payable by
					 the tenant, any damages to the unit or any other amounts that the tenant owes
					 under the lease.
c. The owner must give the tenant a list of all items
					 charged against the security deposit, and the amount of each item. After
					 deducting the amount, if any, used to reimburse the owner, the owner must
					 promptly refund the full amount of the unused balance to the tenant.
d. If the security deposit is not sufficient to cover
					 amounts the tenant owes under the lease, the owner may collect the balance from
					 the tenant.
13.
Prohibition of Discrimination
In accordance with applicable equal opportunity statutes,
					 Executive Orders, and regulations, the owner must not discriminate against any
					 person because of race, color, religion, sex, national origin, age, familial
					 status or disability in connection with the lease.
14.
Conflict with Other Provisions of
					 Lease
a. The terms of the tenancy addendum are prescribed by HUD
					 in accordance with Federal law and regulation, as a condition for Federal
					 assistance to the tenant and tenant's family under the Section 8 voucher
					 program.
b. In case of any conflict between the provisions of the
					 tenancy addendum as required by HUD, and any other provisions of the lease or
					 any other agreement between the owner and the tenant, the requirements of the
					 HUD-required tenancy addendum shall control.
15.
Changes in Lease or Rent
a. The tenant and the owner may not make any change in the
					 tenancy addendum. However, if the tenant and the owner agree to any other
					 changes in the lease, such changes must be in writing, and the owner must
					 immediately give the PHA a copy of such changes. The lease, including any
					 changes, must be in accordance with the requirements of the tenancy
					 addendum.
b. In the following cases, tenant-based assistance shall
					 not be continued unless the PHA has approved a new tenancy, in accordance with
					 program requirements and has executed a new HAP contract with the owner:
(1) If there are any changes in lease requirements
					 governing tenant or owner responsibilities for utilities or appliances;
(2) If (here are any changes in lease provisions governing
					 the term of the lease;
(3) If the family moves to a new unit, even if the unit is
					 in the same building or complex.
c. PHA approval of the tenancy, and execution of a new HAP
					 contract, are not required for agreed changes in the lease other than as
					 specified in paragraph b.
d. The owner must notify the PHA of any changes in the
					 amount of the rent to owner at least sixty days before any such changes go into
					 effect, and the amount of the rent to owner following any such agreed change
					 may not exceed the reasonable rent for the unit as most recently determined or
					 redetermined by the PHA in accordance with HUD requirements.
16.
Notices
Any notice under the lease by the tenant to the owner or by
					 the owner to the tenant must be in writing.
17.
Definitions
Contract unit.
The housing unit rented by the
					 tenant with assistance under the program.
Family.
The persons who may reside in the unit
					 with assistance under the program.
HAP contract.
The housing assistance payments
					 contract between the PHA and the owner. The PHA pays housing assistance
					 payments to the owner in accordance with the HAP contract.
Household-
The persons who may reside in the
					 contract unit. The household consists of the family and any PHA-approved
					 live-in aide. (A live-in aide is a person who resides in the unit to provide
					 necessary supportive services for a member of the family who is a person with
					 disabilities.)
Housing quality standards
(HQS). The HUD
					 minimum quality standards for housing assisted under the Section 8 tenant-based
					 programs.
HUD.
The U.S. Department of Housing and Urban
					 Development.
HUD requirements.
HUD requirements for the
					 Section 8 program. HUD requirements are issued by HUD headquarters, as
					 regulations, Federal Register notices or other binding program
					 directives.
Lease.
The written agreement between the owner
					 and the tenant for the lease of the contract unit to the tenant. The lease
					 includes the tenancy addendum prescribed by HUD.
PHA.
Public Housing Agency.
Premises.
The building or complex in which the
					 contract unit is located, including common areas and grounds.
Program.
The Section 8 housing choice voucher
					 program.
Rent to owner.
The total monthly rent payable
					 to the owner for the contract unit. The rent to owner is the sum of the portion
					 of rent payable by the tenant plus the PHA housing assistance payment to the
					 owner.
Section 8.
Section 8 of the United States
					 Housing Act of 1937 (42 United States Code
					 1437f).
Tenant.
The family member (or members) who
					 leases the unit from the owner.
Voucher program.
The Section 8 housing choice
					 voucher program. Under this program, HUD provides funds to an PHA for rent
					 subsidy on behalf of eligible families. The tenancy under the lease will be
					 assisted with rent subsidy for a tenancy under the voucher
					 program.