HUD Form 52840-A Capital Fund Program (CFP) Amendment

Capital Fund Program
(CFP) Amendment
To The Consolidated Annual Contributions
Contract (form HUD-53012)

U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing

Whereas, (Public Housing Authority) ______________________________________________________________________(herein called the “PHA”)
and the United States of America, Secretary of Housing and Urban Development (herein called “HUD”) entered into Consolidated Annual Contributions
Contract(s) (ACC) Number(s) __________________________________________________________dated ________________________:
Whereas, HUD has agreed to provide CFP assistance, upon execution of this Amendment, to the PHA in the amount to be specified below for the
purpose of assisting the PHA in carrying out capital and management activities at existing public housing developments in order to ensure that such
developments continue to be available to serve low-income families:
$___________________ for Fiscal Year 20 _____ to be referred to under Capital Fund Grant Number ________________________,
PHA Tax Identification Number (TIN) ________________________.
Whereas, HUD and the PHA are entering into this CFP Amendment Number _____________________.
Now Therefore, the ACC(s) is (are) amended as follows:
1. The ACC(s) is (are) amended to provide CFP assistance in the amount
specified above for capital and management activities of PHA
developments. This amendment is a part of the ACC(s).
2. The capital and management activities shall be carried out in
accordance with all HUD regulations and other requirements applicable to
the Capital Fund Program.
3. (Check one)
______a. In accordance with the HUD regulations, the Annual
PHA Plan has been adopted by the PHA and approved by HUD, and may
be amended from time to time. The capital and management activities
shall be carried out as described in the Annual PHA Plan Capital Fund
Annual Statement.
OR
______b. The Annual PHA Plan has not been adopted by the
PHA and approved by HUD. THe PHA may use its CFP assistance under
this contract for work items contained in its 5-Year Plan, before the Annual
PHA Plan is approved.
For cases where HUD has approved a Capital Fund Financing
Amendment to the ACC (CFF Amendment attached), HUD will deduct the
payment for amortization scheduled payments from the grant immediately
on the effective date of this CFP Amendment. The payment of CFP funds
due per the amortization scheduled will be made directly to a designated
trustee (Trustee Agreement attached) within 3 days of the due date.
Whether 3.a or 3.b is selected above, the 24 month time period
in which the PHA must obligate this CFP assistance pursuant to section
9(j)(1) of the United States Housing Act of 1937, as amended, (the “Act”)
and 48 month time period in which the PHA must expend this CFP
assistance pursuant to section 9(j)(5) of the Act starts with the effective
date of this CFP amendment (the date on which CFP assistance
becomes available to the PHA for obligation).

4. Subject to the provisions of the ACC(s) and paragraph 3, and to assist in
the capital and management activities, HUD agrees to disburse to the PHA
or the designated trustee from time to time as needed up to the amount of
the funding assistance specified herein.
5. The PHA shall continue to operate each development as low-income
housing in compliance with the ACC(s), as amended, the Act and all HUD
regulations for a period of twenty years after the last disbursement of CFP
assistance for modernization activities and for a period of forty years after
the last distribution of CFP assistance for development activities. However,
the provisions of Section 7 of the ACC shall remain in effect for so long as
HUD determines there is any outstanding indebtedness of the PHA to HUD
which arose in connection with any development(s) under the ACC(s) and
which is not eligible for forgiveness, and provided further that, for a period
of ten years following the last payment of assistance from the Operating
Fund to the PHA, no disposition of any development covered by this
amendment shall occur unless approved by HUD.
6. The PHA will apply for the entire CFP assistance amount for this FY. If
the PHA does not comply with any of its obligations under this Amendment
and does not have its Annual PHA Plan approved within the period
specified by HUD, HUD shall impose such penalties or take such remedial
action as provided by law. HUD may direct the PHA to terminate all work
described in the Capital Fund Annual Statement of the Annual PHA Plan.
In such case, the PHA shall only incur additional costs with HUD approval.
7. Implementation or use of funding assistance provided under this
Amendment is subject to attached corrective action order(s).
(mark one):

Yes

No

8. The PHA acknowledges its responsibility for adherence to this
Amendment by subgrantees to which it makes funding assistance
hereunder available.

The parties have executed this Agreement, and it will be effective on ____________________. This is the date on which CFP assistance becomes
available to the PHA for obligation.
U. S. Department of Housing and Urban Development
By:
Date:

PHA Executive Director
By:

Title:

Title

Previous versions obsolete

Date:

form HUD-52840-A (03/2003)