HUD HCV Guidebook § 6

HAP Contract Execution (HUD HCV Guidebook)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/25/2026FederalSection 8 HCV

Operative Text

HUD HCV Guidebook § 6
When the process for requesting tenancy approval is completed, the PHA notifies the owner and the
family of the approval or disapproval of the tenancy.

If the PHA determines that all applicable program requirements have been met and approves the
tenancy, the PHA prepares the HAP contract. The PHA compares information in Part A to the lease,
ensuring that the tenant name, unit address, household composition, term of the lease, and initial
rent to owner are correct. The PHA computes the family rent to owner, utility reimbursement (if any),
and the housing assistance payment, entering the amount of the housing assistance payment on the
HAP contract.

The family and owner execute the lease. The owner and the PHA then execute the HAP contract. The
effective date of the HAP contract is the same as the effective date of the lease. For families that are
leasing in place, the family and owner must execute a new lease to meet the requirement that the
effective date of the HAP contract is the same date as the effective date of the lease.

The PHA should not execute the HAP contract until the contract has been executed by the owner or
owner’s representative. Both the PHA and the owner must65 execute the HAP contract no later than
60 calendar days from (i.e. after) the beginning of the lease term. Any HAP contract executed after
the 60-day period is void, and the PHA cannot make any housing assistance payments to the owner.
The PHA must66 not make any housing assistance payments to the owner until the HAP contract has
been executed.

It is considered a best practice to execute the HAP contract prior to or as close to the beginning of
the lease term as possible. It is a good business practice to assign responsibility to designated staff to
ensure that the PHA executes HAP contracts in a timely fashion and to monitor compliance with the
60-day execution deadline.

If the HAP contract is executed after the beginning of the lease term, the initial housing assistance
payment would include the retroactive amount due to the owner from the effective date of the lease
and HAP contract.

It is important that both the family and the owner fully understand the requirements contained in the
HAP contract and tenancy addendum, particularly those requirements related to their rights and

65 24 CFR § 982.305(c)(1)
66 24 CFR § 982.305(c)(2)

responsibilities under the HCV program. Some PHAs choose to meet with the owner and family
together to review the HAP contract, tenancy addendum, and owner and family obligations under the
program. Other PHAs use the family briefing to explain these requirements to the family and invite
new owners to an orientation to discuss their roles and responsibilities. In conducting such meetings
and briefings, PHAs must ensure effective communication with individuals with disabilities and
ensure meaningful program access for persons with Limited English Proficiency (LEP).

It is equally important that PHA staff fully understands the provisions of the HAP contract, since the
HAP contract is the binding agreement that governs the relationship between the PHA and the owner.
Staff should be able to clearly and consistently explain HAP contract provisions to its owners,
families, and community groups.
Source: Legislative text reproduced verbatim
Plain English

HUD Housing Choice Voucher Guidebook § 6 establishes the process by which a Housing Assistance Payment (HAP) contract is executed between a Public Housing Authority (PHA) and a property owner once a tenancy is approved under the Housing Choice Voucher program. The HAP contract and the lease must share the same effective date, and both the PHA and the owner are required to execute the HAP contract within 60 calendar days of the start of the lease term. Any HAP contract signed after that 60-day window is considered void, meaning no housing assistance payments can be made to the owner under that contract. If execution occurs after the lease start date but within the 60-day window, the initial payment may include a retroactive amount covering the period from the lease's effective date.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 26, 2026

Plain English — not legal advice.

For Property Managers

Under HUD Housing Choice Voucher Guidebook § 6, owners participating in the HCV program generally ensure that both the lease and the HAP contract are signed and that the HAP contract is executed no later than 60 calendar days after the beginning of the lease term. Owners who are leasing in place with a voucher-holding family typically execute a new lease to align the effective dates as required. Owners also familiarize themselves with the rights and responsibilities outlined in the HAP contract and tenancy addendum, since the HAP contract is the binding agreement governing the owner-PHA relationship, and no housing assistance payments can be disbursed until it is properly executed.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

HUD Housing Choice Voucher Guidebook § 6 gives voucher-holding families the right to be notified of the PHA's approval or disapproval of a requested tenancy, and to have the terms of the HAP contract — including household composition, unit address, and rent amounts — accurately reflect the signed lease. Families leasing in place should be aware that a new lease may be required to satisfy the requirement that the HAP contract and lease share the same effective date. Tenants who have questions about whether their HAP contract was properly executed, or who believe housing assistance payments are being withheld improperly, may contact their local PHA, reach out to a HUD-approved housing counseling agency, or consult 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.

Effective Timeline

Current
Sep 25, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

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.
§ 0770-01-05-.05
CONFLICT OF INTEREST.

Source Information