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Administrative Plan 7/1/2025 Page 17-46 <br />Term of HAP Contract [24 CFR 983.205, FR Notice 1/18/17, and Notice PIH 2017-21] <br />The PHA may enter into a HAP contract with an owner for an initial term of no less than one <br />year and no more than 20 years for each contract unit. The length of the term of the HAP <br />contract for any contract unit may not be less than one year, nor more than 20 years. <br />SAHA Policy <br />The term of all PBV HAP contracts will be negotiated with the owner on a case-by-case <br />basis. <br />The Housing Opportunity through Modernization Act of 2016 (HOTMA) changes the limitation <br />on the initial term of the HAP contract from 15 years to 20 years. For PHAs and owners with <br />HAP contracts in effect prior to the implementation of this provision of HOTMA (April 18, <br />2017), if contracts are still in the initial term, the term may be extended to a maximum initial <br />term of 20 years by mutual consent, and then may subsequently be extended for additional 20 <br />years, for a maximum of 40 years. PHAs and owners with HAP contracts that are no longer in <br />the initial term may mutually agree to extend the contract for total extension term of 20 years. <br />The PHA and owner may agree at any time before expiration of the HAP contract to execute one <br />or more extensions of the HAP contract term, but the following conditions apply: <br /> Each extension executed must have a term that does not exceed 20 years; <br /> At no time may the total remaining term of the HAP contract, with extensions, exceed 40 <br />years; <br /> Before agreeing to an extension, the PHA must determine that the extension is appropriate to <br />continue providing affordable housing for low-income families or to expand housing <br />opportunities; and <br /> Each extension must be on the form and subject to the conditions prescribed by HUD at the <br />time of the extension. <br />SAHA Policy <br />When determining whether or not to extend an expiring PBV contract, SAHA will <br />consider several factors including, but not limited to: <br />The cost of extending the contract and the amount of available budget authority; <br />The condition of the contract units; <br />The owner’s record of compliance with obligations under the HAP contract <br />and leases; <br />Whether the location of the units continues to support the goals of <br />deconcentrating poverty and expanding housing opportunities; and <br />Whether the funding could be used more appropriately for tenant-based <br />assistance. <br />EXHIBIT 1