Owner Lease Requirements
CKH will review
the owner’s lease for compliance with regulations and
state/local law. Responsibility for utilities, appliances
and optional services must correspond to those provided on
the Request for Tenancy Approval.
The owner must submit a standard lease agreement that
is generally used for other unassisted tenants in the premises.
The terms and conditions of the lease must be consistent
with state and local law.
At minimum the lease must specify:
The names of the owner and tenant;
The address of the unit rented (including apartment number,
The amount of the monthly rent to owner;
The utilities and appliances to be supplied by the owner,
The utilities and appliances to be supplied by the family.
The HUD prescribed tenancy addendum must be included in
the lease word-for-word before the lease is executed.
Effective September 15, 2000, the owner's lease must include
the Lead Warning Statement and Disclosure Information required
by 24 CFR 35.92(b).
The lease must provide that drug-related
criminal activity engaged in by the tenant, any household
member, or any
guest on or near the premises, or any person under the
tenant’s control on the premises is grounds to terminate
Separate agreements are not necessarily illegal side agreements.
Families and owners will be advised of the prohibition
of illegal side payments for additional rent, or for items
normally included in the rent of unassisted families, or
for items not shown on the approved lease.
Owners and families
may execute separate agreements for services, appliances (other
than range and refrigerator) and other items that are not
included in the lease if the agreement is in writing and approved
by CKH. The family is not liable under the lease for unpaid
charges for items covered by separate agreements and nonpayment
of these agreements cannot be cause for eviction.
Housing Assistance Payment Contract
The Housing Assistance
Payment Contract (HAP) is entered into between the property
owner and Charleston-Kanawha Housing. The tenant is not a
party to the contract. The HAP Contract states the responsibilities
of both parties. The owner’s approved lease and the
contract run concurrently. Therefore, if the assisted lease
ends, the HAP Contract ends; if the HAP Contract ends, the
owner’s lease ends.
The HAP Contract will terminate:
If the owner evicts the family
The owner may evict
only by instituting a court action. The owner must give the
family written notice of grounds for eviction at or before
commencement of the eviction action. The owner must give CKH
a copy of any eviction notice given to a family.
If the family terminates the tenancy
The family may terminate the tenancy at any time after
the first year of the lease with proper notice to the
owner. Proper notice is defined in the lease. If the
family vacates the property without notice the contract
If the family moves from the rental unit
A family is required to give the owner notice in accordance
with the lease terms before moving from the unit. This is
usually 30 days. After the first year of the lease, CKH will
allow a family to move if they have not entered into a new
1-year lease. Upon request, a family will be issued a voucher
to move within 120 days of voucher issuance.
If CH terminates the family’s
CKH will provide
the owner and the family with advance written notice if the
family is being terminated from the program. When the family
is terminated from the Section 8 Voucher Program, the HAP
Contract automatically terminates. The tenancy becomes “unassisted.”
If the owner terminates the tenancy
The owner may terminate the tenancy at the end of the
initial term or any consecutive term with proper notice
in accordance with the lease.
The owner may terminate the tenancy during the initial
term of the lease (or any extension term) if the family:
Commits serious and repeated violations
of the lease;
Violates Federal, State, or Local law relating to use
or occupancy of the unit;
Demonstrates other good cause for termination, (e.g.,
history of disturbance of neighbors, destruction of property,
etc.) or abuses alcohol in a manner that threatens the
health, safety or right to peaceful enjoyment of the premises
by other residents.
The owner may terminate the tenancy
of a family who has engaged in drug-related activity,
violent criminal activity
or other criminal activity on or near the premises
that threatened the health, safety, or peaceful enjoyment
other tenants, owner’s employees or residents
of the neighborhood.
The owner may terminate tenancy if a tenant is fleeing
prosecution or incarceration for a felony or for violating