24 C.F.R. § 982.456
§ 982.456 Third parties. (24 CFR Part 982)
Operative Text
(a) Even if the family continues to occupy the unit, the PHA may exercise any rights and remedies against the owner under the HAP contract. (b)(1) The family is not a party to or third party beneficiary of the HAP contract. Except as provided in paragraph (b)(2) of this section, the family may not exercise any right or remedy against the owner under the HAP contract. (2) The tenant may exercise any right or remedy against the owner under the lease between the tenant and the owner, including enforcement of the owner's obligations under the tenancy addendum (which is included both in the HAP contract between the PHA and the owner; and in the lease between the tenant and the owner.) (c) The HAP contract shall not be construed as creating any right of the family or other third party (other than HUD) to enforce any provision of the HAP contract, or to assert any claim against HUD, the PHA or the owner under the HAP contract.
Under 24 CFR Part 982 § 982.456, the Housing Assistance Payments (HAP) contract is a direct agreement between the Public Housing Authority (PHA) and the owner — not the tenant. The PHA retains the authority to act against an owner under the HAP contract even while a family remains in the unit. Tenants are not considered parties to or beneficiaries of the HAP contract, meaning they cannot bring claims under it; however, tenants do retain the ability to enforce their rights through the separate lease agreement, including the tenancy addendum that is incorporated into both documents.
Plain English — not legal advice.
Owners participating in the Housing Choice Voucher program under 24 CFR Part 982 § 982.456 should understand that the PHA can independently pursue remedies under the HAP contract regardless of whether the family is still living in the unit. Compliant operators generally maintain the tenancy addendum as a binding part of the lease, since tenants can enforce its obligations directly through the lease even though they cannot act under the HAP contract itself. Keeping clear records of both the HAP contract and the executed lease — including the tenancy addendum — reflects standard practice for operators managing their obligations under this framework.
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 § 982.456, tenants in the Housing Choice Voucher program do not have the ability to enforce the HAP contract directly or bring claims against the PHA or HUD under it. However, the tenancy addendum — which is incorporated into the lease between the tenant and the owner — can be enforced by the tenant through the lease itself, providing a meaningful avenue for addressing an owner's failures to meet their obligations. Tenants who believe an owner has violated the terms of the tenancy addendum may consider raising those violations in a legal proceeding, contacting their local PHA, or reaching out to a tenant-rights organization for general information about available options.
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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