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Government Shutdown FAQs for HCV Property Owners
Can I collect CHA’s portion from the tenant? No. Please refer to the Housing Assistance Payment (HAP) Contract:
a. The family is responsible for paying the owner any portion of the rent to owner that is not covered by the PHA housing assistance payment.
d. The tenant is not responsible for paying the portion of rent to owner covered by the PHA housing assistance payment under the HAP contract between the owner and the PHA. A PHA failure to pay the housing assistance payment to the owner is not a violation of the lease. The owner may not terminate the tenancy for nonpayment of the PHA housing assistance payment.
HAP Contract, Part C, Section 5 Family Payment to Owner, page 9.
Can I evict the tenant if CHA doesn’t pay its HAP portion of rent?
No. Please refer to your HAP Contract, as cited above. Please seek legal advice for additional information.
If the government shutdown continues beyond mid-February, when will CHA resume HAP?
After the federal government resumes full operations and full allocation of funding to CHA, then CHA will resume HAP as soon as practicable.
Will CHA pay me late fees when HUD releases funds?
No. The federal government shutdown is a factor beyond CHA’s control. The HAP Contract states:
[T]he PHA shall not be obligated to pay any late payment penalty if HUD determines that late payment by the PHA is due to factors beyond the PHA’s control.
HAP Contract, Part B, Section 7.a(iii) PHA Payment to Owner, page 5.
Who should I contact at CHA to receive relevant updates?