HUD HCV Guidebook § 5

Contents of Housing Assistance Payments Contract (HAP (HUD HCV Guidebook)

HUD guidance — not codified law
In Force
Verified 9/25/2026 · Next check 10/2/2026
effective 9/25/2026FederalSection 8 HCV

Operative Text

HUD HCV Guidebook § 5
Contract) Form HUD 52641
Form HUD-52641 is the HAP contract for the HCV program. HUD requires25 PHAs to use this form.
The HAP contract contains three parts:

       Part A, Contract Information;
       Part B, Body of Contract; and

21 24 CFR § 982.451(b)(5)(i)
22 24 CFR § 982.451(b)(5)(ii)(A)
23 24 CFR§ 982.451(b)(5)(ii)(A)(3)(b)
24 24 CFR§ 982.451(b)(5)(ii)(A)(3)(b)
25 24 CFR § 982.451(a)(1)

   Part C, Tenancy Addendum.

Although the HAP contract must26 be word-for-word in the form prescribed by HUD, PHAs have the
discretion to add the following to Part A of the HAP contract:

       Language prohibiting the owner to collect a security deposit in excess of private market
        practices or in excess of amounts charged to unassisted tenants; and
       Language that defines when the housing assistance payment by the PHA is deemed received
        by the owner (e.g., upon mailing by the PHA or actual receipt by the owner).

The HAP contract cannot otherwise be modified. In addition to regular HCV program tenancies, the
HAP contract must27 also be used for the following “special housing types”:
    Single room occupancy (SRO) housing;
    Congregate housing;
    Group homes;
    Shared housing; and
    Manufactured home rentals where the tenant is not the owner of the manufactured home
      and the space rent is included in the rent to owner.

When used for one of these special housing types, the PHA is required to specify in Part A of the HAP
contract: “This HAP contract is used for the following special housing type under HUD regulations for
the Section 8 voucher program: (Specify Name of Special Housing type).”

The HAP contract is not used for the following special housing types:
    Manufactured home space rental by a family that owns the manufactured home and leases
      only the space;
    Cooperative housing; and
    Section 8 homeownership program.
Source: Legislative text reproduced verbatim

Effective Timeline

Current
Sep 25, 2026
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Related Rules

§ 888.113
§ 888.113 Fair market rents for existing housing: Methodology.
§ 888.115
§ 888.115 Fair market rents for existing housing: Manner of publication.
§ 5.512
§ 5.512 Verification of eligible immigration status.

Source Information