HUD-93185a PROJECT-BASED SECTION 8 HOUSING ASSISTANCE PAYMENTS CONT

OMB Control #2502-0587

UNITED STATES
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
OFFICE OF MULTIFAMILY HOUSING PROGRAMS

AMENDMENT

*

TO PROJECT-BASED SECTION 8 HOUSING ASSISTANCE
PAYMENTS CONTRACT PURSUANT TO SECTION
8(bb)(1) OF THE UNITED STATES HOUSING ACT OF 1937

Section 8 Project Number: _________________________________
FHA Project Number (if applicable): ________________________
Project Name: ___________________________________________
________________________________________________________
Project Description:1
_______________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________

*

This instrument is to be used to amend the section 8 HAP contract referred to in Notice H-2014xx as “Contract A1.”
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This Amendment to Project-Based Section 8 Housing Assistance Payments
Contract Pursuant to Section 8(bb)(1) of the United States Housing Act of 1937
(“Amendment”)2 provides as follows:
1.

Parties to the Amendment.
A.

Name of Project Owner:3_________________________________
_____________________________________________________

Address of Project Owner: ________________________________
_____________________________________________________
_____________________________________________________

B.

Name of Contract Administrator:4 __________________________
_____________________________________________________
Address of Contract Administrator: _________________________
_____________________________________________________
_____________________________________________________

2.

Recitals.
A. Section 8(bb)(1) of the United States Housing Act of 1937 (“Act”), 42
U.S.C. § 1437f(bb)(1), provides in part that if a project-based section 8
HAP contract is terminated, HUD shall transfer any remaining budget
authority to another contract under terms prescribed by the Secretary.
B. Pursuant to Notice H-2014-xx and section 8(bb)(1) of the Act, the
Owner and the Contract Administrator of the project-based section 8
HAP contract identified on page 1 of this Amendment hereby agree to
subdivide, and do subdivide, the HAP contract (i.e., the HAP contract
identified in the aforementioned Notice as “Contract A”) into two or
more component contracts for the purpose of (i) retaining a portion of
the project-based section 8 assistance at the Project under the
contract amended herein (i.e., the HAP contract identified in the
aforementioned Notice as “Contract A1”), and (ii) terminating the other
component contract(s) (i.e., Contract A2 and, if applicable, Contract
A3, etc.).

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3.

Termination of Contract A2 and, if applicable, Contract A3, etc. The
Owner and the Contract Administrator hereby agree to terminate, and do
terminate, the component contract(s) resulting from the subdivision of the
HAP contract, except for Contract A1 (i.e., Contract A2 and, if applicable,
Contract A3, etc.) so that HUD may, immediately thereafter, transfer the
budget authority associated with the terminated contract(s) to one or more
other project-based section 8 HAP contracts pursuant to section 8(bb)(1)
of the Act.

4.

Amendment. The Owner and the Contract Administrator agree to the
following terms of this Amendment to Contract A1.
A. The total number of dwelling units assisted under this HAP contract, as
amended herein (i.e., Contract A1), is reduced from _______5 to
_______.6 The units assisted under this Contract A1, as amended
herein, are identified by bedroom size and contract rent in Exhibit A,
which is attached to and hereby incorporated into this Amendment,
and which supersedes previous versions of Exhibit A to the HAP
Contract.
B. The Project is subject to, and the Owner shall comply with, the
Physical Condition Standards and Inspection Requirements of 24 CFR
Part 5 Subpart G, all related guidance, handbooks, and directives, and
any changes to 24 CFR Part 5 Subpart G and to all related guidance,
handbooks, and directives. The Project is further subject to, and the
Owner shall further comply with, the Physical Condition of Multifamily
Properties regulations of 24 CFR Part 200 Subpart P, all related
guidance, handbooks, and directives, and any changes to 24 CFR Part
200 Subpart P and to all related guidance, handbooks, and directives.
C. The Project is further subject to, and the Owner shall further comply
with, the Uniform Financial Reporting Standards of 24 CFR Part 5
Subpart H, all related guidance, handbooks, and directives, and any
changes to 24 CFR Part 5 Subpart H and to all related guidance,
handbooks, and directives.

5.

Other Terms.
A. This Amendment shall be effective upon execution by the Owner and
the Contract Administrator and shall remain in effect both during the
current term of the HAP contract and during each and every
successive renewal term, unless modified and agreed to in writing by
the Owner and the Contract Administrator.

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B. In the event of any inconsistency between the terms of this
Amendment and the terms of the HAP contract prior to amendment by
this instrument, including any renewal contract issued under the
Multifamily Assisted Housing Reform and Affordability Act of 1997, the
terms of this Amendment shall govern.

[The remainder of this page has been left blank intentionally.]

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OWNER
Full Legal Name of Owner (print or type)
______________________________________________________
______________________________________________________
By:
Signature of authorized representative

Name and official title (print or type)

Date (mm/dd/yyyy) (print or type)

CONTRACT ADMINISTRATOR
Full Legal Name of Contract Administrator (print or type)
______________________________________________________
______________________________________________________

By:
Signature of authorized representative
______________________________________________________________________

Name and official title (print or type)

Date (mm/dd/yyyy) (print or type)

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EXHIBIT A
IDENTIFICATION OF UNITS ("CONTRACT UNITS")
BY SIZE AND APPLICABLE CONTRACT RENTS
Section 8 Contract Number:
FHA Project Number (if applicable):

Number
of Contract Units

Number
of Bedrooms

Contract
Utility
Rent ___ Allowance

Gross
Rent __

NOTE: This Exhibit will be amended by Contract Administrator notice to the Owner to specify
adjusted contract rent amounts as determined by the Contract Administrator in accordance with
the provision of the Renewal Contract governing the adjustment of Contract Rents.
Comments:

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INSTRUCTIONS FOR PREPARATION OF AMENDMENT

The following instructions are not part of the Amendment.
The endnote numbers below correspond to the numbers that appear in
superscript in the text of the Amendment.

1

Enter a description of the housing covered by the section 8 HAP contract as
amended by this instrument (i.e., Contract A1). The section 8 HAP contract being
amended may be either an original section 8 HAP contract or a renewal contract
issued under the Multifamily Assisted Housing Reform and Affordability Act of
1997. The description must clearly identify the Project by street address, city,
county, state, zip code, block and lot number (if known), and any other
information necessary to clearly designate the covered Project.
2

This instrument is to be used only in conjunction with HUD-approved
transactions under section 8(bb)(1) of the United States Housing Act of 1937 and
only to amend the project-based section 8 HAP contract referred to in Notice H2014-xx as “Contract A1.”
3

Enter the full legal name of the Project Owner. For example, “ABC
Corporation, Inc., a Maryland Corporation.”
4

Enter the full legal name of the Contract Administrator. If the Contract
Administrator is a public housing agency (e.g., a Performance-Based Contract
Administrator), the public housing agency must execute this Amendment. In this
case, enter the full legal name of the public housing agency. If HUD is the
Contract Administrator, enter “United States of America – Department of
Housing and Urban Development.”
5

Enter the number of units assisted under the HAP contract referred to in Notice
H-2014-xx as “Contract A” (i.e., prior to its subdivision).
6

Enter the number of units assisted under the HAP contract referred to in Notice
H-2014-xx as “Contract A1” (i.e., after the subdivision of the HAP contract and
the amendment of Contract A1 by this instrument).

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