24 C.F.R. § 982.453
§ 982.453 Owner breach of contract. (24 CFR Part 982)
Operative Text
(a) Any of the following actions by the owner (including a principal or other interested party) is a breach of the HAP contract by the owner: (1) If the owner has violated any obligation under the HAP contract for the dwelling unit, including the owner's obligation to maintain the unit in accordance with the HQS. (2) If the owner has violated any obligation under any other HAP contract under Section 8 of the 1937 Act (42 U.S.C. 1437f). (3) If the owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program. (4) For projects with mortgages insured by HUD or loans made by HUD, if the owner has failed to comply with the regulations for the applicable mortgage insurance or loan program, with the mortgage or mortgage note, or with the regulatory agreement; or if the owner has committed fraud, bribery or any other corrupt or criminal act in connection with the mortgage or loan. (5) If the owner has engaged in drug-related criminal activity. (6) If the owner has committed any violent criminal activity. (b) The PHA rights and remedies against the owner under the HAP contract include recovery of overpayments, abatement or other reduction of housing assistance payments, termination of housing assistance payments, and termination of the HAP contract.
Under 24 CFR Part 982 § 982.453, a Housing Assistance Payments (HAP) contract between a public housing authority (PHA) and a landlord can be breached by the owner in several ways — including failing to maintain the unit to Housing Quality Standards (HQS), violating obligations under any other Section 8 HAP contract, committing fraud or criminal acts in connection with federal housing programs, engaging in drug-related or violent criminal activity, or failing to comply with applicable HUD mortgage or loan requirements. When a breach occurs, the PHA holds specific contractual remedies, including recovering overpayments, reducing or suspending housing assistance payments, or terminating the HAP contract entirely. This provision applies to the owner broadly, encompassing principals and other interested parties connected to the contract.
Plain English — not legal advice.
Operators participating in the Housing Choice Voucher program under 24 CFR Part 982 § 982.453 generally maintain compliance by keeping every assisted unit in continuous compliance with HQS, honoring all obligations across any HAP contracts they hold, and avoiding any conduct — such as fraud, bribery, or criminal activity — that could constitute a breach. Compliant operators also ensure that any HUD-insured mortgage or loan obligations tied to a property are met and that no principals or interested parties engage in conduct that could be attributed to the owner under this provision. PHAs retain the authority to pursue financial remedies and contract termination when a breach is identified, so proactive recordkeeping and unit maintenance are hallmarks of compliant program participation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 982 § 982.453, tenants in Section 8 Housing Choice Voucher units have an interest in knowing that their landlord is bound by the HAP contract and that the PHA has enforcement tools — including reducing or terminating housing assistance payments to the owner or terminating the HAP contract — when the owner breaches those obligations. If a tenant believes their landlord has violated HAP contract duties, such as failing to maintain the unit to HQS or engaging in prohibited conduct, they may report concerns directly to their local PHA, which administers the contract and holds the remedial authority described in this provision. Tenant-rights organizations and legal aid offices can help tenants understand how a landlord's breach under § 982.453 may relate to their housing situation and what options may be available through the PHA or other channels.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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