HUD HCV Guidebook § 5
Contents of Housing Assistance Payments Contract (HAP (HUD HCV Guidebook)
Operative Text
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.HUD Housing Choice Voucher Guidebook § 5 establishes that Form HUD-52641 is the standardized Housing Assistance Payments (HAP) contract required for the Housing Choice Voucher program. The contract is divided into three parts — Contract Information, Body of Contract, and Tenancy Addendum — and must be used word-for-word as prescribed by HUD, with only narrow additions permitted in Part A. The contract applies to standard HCV tenancies as well as several special housing types, such as single room occupancy and group homes, but does not apply to manufactured home space rentals by families who own their home, cooperative housing, or the Section 8 homeownership program.
Plain English — not legal advice.
Under HUD Housing Choice Voucher Guidebook § 5, property owners participating in the HCV program are bound by the terms of Form HUD-52641 exactly as HUD prescribes it, meaning no unauthorized modifications to the contract's language are permitted. Compliant operators are aware that Part A may include optional language addressing security deposit limits relative to private market practices and clarifying when PHA housing assistance payments are considered received. Owners renting under a special housing type — such as congregate housing or a shared housing arrangement — ensure that Part A of the HAP contract specifically identifies the applicable special housing type as required.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Housing Choice Voucher Guidebook § 5 means that tenants in the Housing Choice Voucher program are protected by a standardized contract, Form HUD-52641, whose core terms cannot be altered by the landlord or the Public Housing Authority outside of narrow, HUD-permitted additions. The Tenancy Addendum in Part C of the HAP contract is a key document for voucher holders, as it forms part of the lease and outlines program-specific rights and obligations. Tenants who believe their HAP contract has been improperly modified or that their housing type has been misclassified may raise these concerns with their local PHA or reach out to a tenant-rights organization for general guidance.
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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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