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HomeMy WebLinkAbout07 052013 JT CC-HA DEPOT AT SANTIAGO EX 4Exhibit 4 pMB Approval No. 2577-0169 (exp. 04!30!2014 U.S. Depar•t-ncnt Of Housing and Urban Devel©ptnent Office of Publrc and Indian Housing SECTION 8 PROJECT-BASED VOUCHER PROGRAM PBV HOUSING ASSISTANCE PAYMENTS CONTRACT NEW CONSTRUCTION OR REIiABILITATION PART 1 OF HAP CONTRACT This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid pMl3 control number. Assurances of confidentiality are no# provided under this collection. I. CONTRACT INFORMATION a. Parties This housing assistance payments (IJAP) contract is entered into between: Housing Authority of the City of Santa Ana (pHA}and Depot at Santiago, LP (owner). b. Contents of contract..- _..___ The HAP contract consists of Part I, Part 2 and the contract exhibits listed in paragraph c. e. Contract exhibits The HAP contract includes the following exhibits: EXHIBIT A: T07'AL NUMBER OP' UNITS IN PROJECT COVERED BY TI-IIS HAP CONTRACT; INITIAL RENT TO OWNER; AND THE NUMBER AND DESCRIPTION OIt THE CONTRACT UNITS. {See 24 CI?R 983.203 for required items.) Ifthis is amulti-stage project, this exhibit must include a description of the units in each co3npleted phase. ----_ Project-based Voucher Pe•ograut IiAP Contract fm• New Cot~structioai or ReUabilifation Previous editions are obsolete IiUD 52530A Page- i - ofPart 1 Exhibit 4 EXHIBIT B: SERVICES, MAINTENANCE AND EQUIPMENT TO BE PROVIDED BY'I'HE OWNER WITI~OUT CHARGES IN ADDITION TO R>/NT 7'O OWNER EXHIBIT C: UTILITIES AVAILABLE IN THE CONTRACT UNITS, INCLUDING A LISTING OF UTILTTIY SERVICES TO BE PAID BY THE OWNER (WITHOUT CHARGES IN ADDITION TO RENT TO OWNER} AND UTILITIES TO BE PAID BY TI-IE TENANTS EXHIBIT D: FEATURES PROVIDED TO COMPLY WITH PROGRAM ACCESSIBILITY FEATURES OF SECTION 504 OP THE REHABILITATION ACT OF I973 ADDITIONAL EXHIBITS d. Single-Stage and Multi-Stage Contracts (Check the applicable box.) 1. ^ Singlo-Stage Project This is a single-stage project. For all contract units, the effective date of the HAP contract is: The PHA enters the effective date, and executes the HAP contract, after completion and PHA acceptance of all units in the single stage project. 2. ^ Mutti-Stage Project__ _ This is a multi-stage project. The units in each completed stage are designated in Exhibit A. The PHA enters the effective date for each stage after completion and PHA acceptance of all units in that stage. The PHA enters the effective date for each stage in the "Execution of HAP contract for contract units completed in stages" (starting on page 8), The annual anniversary date of the HAP contract for all contract units in this multi-stage project is the anniversary of the effective date of the HAP contract for the contract units included in the first stage. The expia•ation date of the HAP contract for all of the contract units completed in stages must be concurtent with the end ofthe HAP contract term for the units included in the first stage. (See 24 CFR 9$3.206(c}.) Project-based Voucher Pragraan I~AP Contract for Nev~~ Cansh•nctiai~ or Rehabilitation Previous editions are obsolete T~i1A 52530A Page - 2 - of Part 1 ~: e. Te~•ra of the HAP contract 1. Beginning of Term The PHA may not enter into a HAP contract for any contract unit until the PHA has determined that the unit complies with the housing quality standards. The term of the HAP contract for any unit begins on the effective date of the HAP contract. 2. Length of initial term a• Subject to paragraph 2.b, the initial term of the HAP contract for any contract units is: b. The initial term of the HAP contract for any unit may not be less than one year, nor more than fifteen years. 3. Extension of term The PHA. and owner may agree to enter into an extension of the I-IAP contract at the time of initial HAP contract execution or any time prior to expiration of the contract. Any extension, including the term of such extension, must be in accordance with HUD requirements. A PHA must determine that any extension is appropriate to achieve long-term affordability of the pausing or expand housing opportunities. ..4 ....__..._Requirement far sufficient appropriated futtdng._._............ . -- ~ " a. The length of the initial term and any eaten§ion term span be subject to availability, as ,~ ~" determined by HUD, or by the PHA in accordance with HUD requirements, of sufficient appropriated funding {budget authority}, as provided in appropriations acts and in the PHA's annual contributions contract (ACC) with HUD, to make full payment of housing assistance payments due to the owner for any contract year in accordance with the HAP contract. b. The availability of sufficient funding must be determined by HUD ar by the PHA in accordance with HUD requirements. If it is determined teat there may not be sufficient funding to continue housing assistance payments for all contract units and for the full term of the HAP contract, the PHA. has the right to terminate the HAP contract by notice to the owner for all or any of the contract units. Such action by the Pl-lA shall be implemented in accordance with HUD requirements. Project-based Voucher Program i~A.P Contract for Ncw Construction or Rehabilitation Previous editions are obsolete HUA 52530A Page - 3 - of Part l f. Occupancy and payment 1. Payment for occupied ua-it During the term ofthe I-IA.P contract, the PHA shall make housing assistance payments to the owner for the months during which a contract unit is leased to and occupied by an eligible family. If an assisted family moves oui of a contract unit, the owner may keep the housing assistance payment for the calendar month when the family moves out ("move-out month"). However, the owner may not keep the payment if the PHA determines that the vacancy is the owner's fault. 2. Vacancy paymcnt TI-iE PI-IA HAS DISCRETION WHETHER TO INCLUDE THE. VACANCY PAYMENT PROVISION (PARAGRAPH f 2), OR TO STRIKE TI-IIS PROVISION FROM THE HAP CONTRACT FORM. a. If an assisted family moves out of a contract unit, the PHA may provide vacancy payments to the owner for aPHA-determined vacancy period extending from the beginning of the first calendar month oiler the move-out month for a period not exceeding two full months following the move-out month. The vacancy payment to the owner for each month of the maximum two-month period will be determined by the PHA, and cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the rental payment received by the owner {including amounts available from the tenant's security deposit). Any vacancy payment may only cover the period the unit remains vacant. _. _ _.. c.--._........The PI-IA-may only make vacancy payments to the owner-if __ -____- 1. The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and the date when the family moved out (to the best of the owner's knowIedgc and belief); 2. The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during the period for which payment is claimed; The owner certifies that it has taken every reasonable action to minimize the Iikelihood and length of vacancy; and Project-based Voucher Program IIAP Contract for New Constraction or Reltabititation Previous editions are obsolete HUI) 52534A Page - 4 - of Part I 4. The owner provides any additional information required and requested by the PI-IA to verify that the owner is entitled to the vacancy payment. d. The PISA must take every reasonable action to minimize the likelihood and length of vacancy. e. The owner may refer families to the PISA, and recommend selection of sack families from the PI-IA waiting list fox occupancy of vacant units. £ The owner must submit a request far vacancy payments in the form and manner required by the PHA and must provide any information or substantiation required by the PHA to determine the amount of any vacancy payments. 3. PHA is not responsible for family damage or debt to owner I/xcept as provided in this paragraph f (Occupancy and Payment), the PI-IA will not make any other paytnent to the owner under the HAP contract. The PHA will not make any payment to owner for any damages to the unit, or for any other amounts awed by a family under the family"s lease. g. Income-mixing requirement 1. Except as provided in paragraphs g.2 and 3, the PIMA will not make housing assistance payments under the HAP contract for more than 25 percent of the total number of dwelling units (assisted or unassisted) in any project. The term "project" means a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land assisted under this HAP contract. 2. The limitation in paragraph g.1 does not apply to single-family buildings. 3. In referring eligible families to the owner for admission to the number of contract units in any project exceeding the 25 percent limitation under paragraph g.l, the PHA shall give preference to elderly or disabled families, or to families receiving supportive services, for the number of contract units designated far occupancy by such families. The owner shall rent the designated number of contract units to such families referred by the PHA froth the PHA waiting Iist. 4. The PHA and owner must comply with all HUD requirements regarding income mixing. __ Project-based Vouelicr Program HAP Couf-•act for New Construction at• Rehabilitation Previous editions are obsolete IiiJD 5253flA Page - S - of Part t 5. The following specifies the number of contract units (if any): a. Designated for occupancy by disabled families; b Designated for occupancy by elderly families; c. Designated for occupancy by elderly or disabled families; or d. Designated for occupancy by families receiving supportive services. ^ Check this box if any caniract units are designated for disabled families. The following number of contract units shall be rented to disabled families: ^ Check this box if any contract units are designated for elderly famines. The following number of contract units shall be rented to elderly families: ^ Check this box if any contract units are designated for elderly or disabled families. The fallowing number of contract--units shall be rented to elderly or disabled - -- families: ^ Check this box if any contract units are designated for families receiving supportive services. The following number of contract units shall be rented to families receiving supportive services: _- Praject-based Voucher Program iiAP Cautract for New Construction or Rehabilitatia~r Previous editiaxts are obsolete IIiID 52530A Page - G - of Part t EXECUTION OF HAP CONTRACT FOR SINGLE-STAGE PROJECT LIC HOUSING AGENCY (PHA) e of PHA (Print) Signature of authorized representative and official title (Print} Name of Owner (Print} Signature of authorized representative Name and title (Print) Previous editions arc obsolctc Project-based Voucher Program ItAP Couh•act for New Const~•uction or Rchabilifation IiUD 52530A Pagc - 7 - of PaR•t ] EXECUTION OF HAP CONTRACT FOR CONTRACT UNITS COMPLETED AND ACCEPTED IN STAGES (For multi-stage projects, at acceptance of each stage, the PHA and the owner sign the HAP contract execution for the completed stage.} STAGE N'O. 1. The Contract is hereby executed for the contract units in this stage. I i STAGE EFFECTIVE DATE. The effective date of the Contract for this stage is: ~''~ PUBLIC DOUSING AGENCY (PHA) ame of PHA (Print) Signature of authorized representative ame and official title (Print) Date WNER ame of Owner (Print) . ............... B: Signature of authorized representative atnc and title {Print) Date ............ Project-based Vaucher Prograau IIAP Contract for New Constructio~i or Relaabilitafio~~ Previous editions are obsolete IUD 52S30A Page - 8 - ofPart i STAGB N0.2. The Contract is hereby executed for the contract units in this stage. STAGB EFf ~CT1Vl; DATE. The efj'ective date of the Contract for this stage is: PUBLIC HOUSING AGENCY (PISA) ame of PHA {Print) B: Signature of authorized representative ame and official title {Print} Date WNER ame of Owner {Print) B: Signature of authorized representative aztze and title {Print} ate Project-based Voucher Program TRAP Contract for New Construction or Rehabilitation Previous editions arc obsolete HUD 52530A Page - 9 - ofPart 1 3 STAGE NO. 3. The Contract is hereby executed far the contract units in this stage. TAGS EPFCCTIVE DATE. The effective date of the Contract for this stage is: PUBLIC HOUSING AGENCY {PHA) ame of PHA {Print) Signature of authorized representative ame and official title (Print) Date WNER ame of Owner (Print) B ----.... _ ...._...._._... Signature of authorized representative ame and title {Print) ate rroject-based Vouei~cr rrogram I3AP Conta~act Tor New Construction or Rel~abilitafion rrcvious editions are obsolete IIIJD 52530A rage - IO orrart z STAGE NO. The Contract is hereb executed for the contract units in this sta e. STAGE EFFECTIVE DATE. The effective date of the Contract for this stage is: PUBLIC HOUSING AGENCY (PHA) ame of PHA (Print) I3 Signature of authorized representative ame and official title (Pxint) Date WNER ame of Owner (Print) 13 ___ Signature of authorized representative ame and title (Print} ate Project-based Voucher Program IIAP Contract for New Construction or Rehabilitation Previous editions are obsolete IIUD 52530A Page - It of Part 1