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payments - page two

How does an owner/manager handle extra payments or agreements?

All extra payment agreements must be submitted in writing for prior approval by LHA. An example of an extra payment is when a tenant wants to rent a detached garage that it is not included in the apartment or house rent. If approval by LHA is not secured, the payment will be treated as an illegal side-payment and the owner may be required to reimburse the tenant for any rent overpayments. Owners may not collect additional payments for a unit, utilities, amenities, or enter into side agreements to pay for items covered under the lease contract.

W-9

The Internal Revenue Service (IRS) requires that property owners provide LHA with their Taxpayer Identification Number or Social Security Number (W-9 form) and a signed certification of accuracy. Owners must complete the W-9 form form provided and submit it with HAP Contracts. LHA cannot process contracts for payment without a completed form. At the end of each year, LHA completes a 1099 and submits it to the IRS and sends a copy to each owner.

Ownership and address changes

To ensure continuity in rent payments, owners must notify LHA of changes in the ownership of property for which they are receiving a Housing Assistance Payment. The current owner must sign a contract assignment form transferring the rights and obligation of the HAP Contract to the new owner.

LHA must always receive a signed WRITTEN notice of an owner's change of mailing address or a change in management company. Owners may use the Owner Change of Address form provided in Attachment 4.

When Housing Assistance Payments may STOP!

Abatement means that the owner will not receive payment from LHA for the days that the unit was not in compliance with Housing Quality Standards (HQS). LHA requires five (5) working days advance notice to schedule the recheck inspection. Remember, the tenant is not responsible for LHA�s portion of rent during the abatement period.

The HAP Contract will terminate automatically under the following situations:

            1.       A new lease is signed.

            2.       Changes in the terms of the lease. For example: Current lease states 11-01-12 to 10-31-13.                        A new lease is signed the next year without notification to LHA with new dates of 11-01-12 to                       10- 31-13.

            3.       Tenant moves to a different unit even within the same apartment complex without notifying                       LHA.

            4.       Tenant no longer resides in the unit even if personal possessions are left in the unit.

            5.       Changes in who is responsible for utilities or appliances.

            6.       If the unit does not meet HQS requirements.

                       Example: The lease continues as a month-to-month or year-to-year renewable term.

Payments stop when the HAP Contract terminates. If Housing Assistance Payments are made in error after the HAP Contract terminates then LHA may recoup the erroneous payments made to the owner.

Owners should notify LHA 60 days prior to entering into a new lease with the tenant after the initial 12 month lease has ended to allow time for LHA to determine rent reasonableness, obtain a copy of the new lease, and sign new HAP Contracts.