Form HUD 52840A HUD 52840A Capital Fund Program CFP Amendment

Capital Fund
Capital Fund Program
(CFP) Amendment
Annual Contributions Contract
Terms and Conditions (HUD-52840-A)

OMB Approval No. 2577-0XXX
(exp. XX/XX/XXXX

U.S. Department of Housing
and Urban Development

Office of Public and Indian Housing

Public reporting burden for this collection of information is estimated to average 3.9 hours per response, including the time for reviewing instructions, searching existing data sources, gatheringa
nd maintaining the data needed, and completing and reviewing the collection of information. Comments regarding the accuracy of this burden estimate and any suggestions for reducing thisb
urden can be sent to the Reports Management Officer, Office of Policy Development and Research, REE, Department of Housing and Urban Development, 451 7th St SW, Room 4176,
Washington, DC 20410-5000. When providing comments, please refer to OMB Approval No. 2577-0XXX. HUD may not conduct or sponsor, and an applicant is not required to respond to a
collection of information unless it displays a currently valid OMB control number. Do not send this form to the above address. Responses to the collection are required by regulation 24 CFR 905f
or the purpose of obligating funds to the PHA. The information requested does not lend itself to confidentiality. There is no personal information contained in this application. Information on
activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when disclosure is not required. Ina
ccordance with the Paperwork Reduction Act. The information collected will not be held confidential.

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 an Annual Contributions Contract
ACC(s) Numbers(s) (On File)
dated (On File)
Whereas, in accordance with the Public Law for the applicable Federal Fiscal Year (FFY)
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 projects in order to ensure that such projects continue to be available to serve low-income families. HUD reserves the
right to provide additional CFP assistance in this FY to the PHA. When HUD provides additional amounts, it will notify the PHA and those amended grants will be subject to these terms
and conditions.

$
for Fiscal Year ________ to be referred to under the Capital Fund Grant Number______________________
PHA Tax Identification Number (TIN): On File
UEI Number: On File
Whereas, HUD and the PHA are entering into the CFP Amendment Number __________On File______________________________________
Now Therefore, the ACC is 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 projects. This CFP Amendment is a part of the
ACC.

2. The PHA must carry out all capital and management activities in accordance with the United
States Housing Act of 1937 (the Act), 24 CFR Part 905 (the Capital Fund Final rule) as well as
other applicable HUD requirements, except that the limitation in section 9(g)(1) of the Act is
increased such that of the amount of CFP assistance provided for under this CFP amendment
only, the PHA may use no more than 25 percent for activities that are eligible under section
9(e) of the Act only if the PHA’s HUD-approved Five Year Action Plan provides for such use;
however, if the PHA owns or operates lessthan 250 public housing dwelling units, such PHA
may continue to use the fullflexibility in accordance with section 9(g)(2) of the Act.

3. The PHA has a HUD-approved Capital Fund Five Year Action Plan and has complied with
the requirements for reporting on open grants through the Performance and Evaluation Report.
The PHA must comply with 24 CFR 905.300 of the Capital Fund Final rule regarding
amendment of the Five Year Action Plan where the PHA proposes a Significant Amendment to
the Capital Fund Five Year Action Plan.

4. For cases where HUD has approved a Capital Fund Financing Amendment to the ACC,
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 within 3 days of the due
date.
5. Unless otherwise provided, the 24 month time period in which the PHA must obligate this
CFP assistance pursuant to section 9(j)(1) of 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 PHAfor obligation). Any additional CFP assistance this FY will start with the same effective
date.

6. Subject to the provisions of the ACC(s) and paragraph 3, and to assist in 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.

7. The PHA shall continue to operate each public housing project 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 for each public
housing project or portion thereof and for a period of forty years after the last distribution of CFP
assistance for development activities for each public housing project and for a period of ten
years following the last payment of assistance from the Operating Fund to each public housing
project. Provided further that, no disposition of any project covered by this amendment shall
occur unless approved by HUD.
8. The PHA will accept all CFP assistance provided for this FY. If the PHA does not comply with
any of its obligations under this CFP 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.
9. Implementation or use of funding assistance provided under this CFP Amendment is subject
to the attached corrective action order(s).
(mark one) :

Yes

No

10. The PHA is required to report in the format and frequency established by HUD on all open
Capital Fund grants awarded, including information on the installation of energy conservation
measures.

11. If CFP assistance is provided for activities authorized pursuant to agreements between HUD
and the PHA under the Rental Assistance Demonstration Program,the PHA shall follow such
applicable statutory authorities and all applicable HUD regulations and requirements. For total
conversion of public housing projects, no disposition or conversion of any public housing project
covered by these terms and conditions shall occur unless approved by HUD. For partial
conversion, the PHA shall continue to operate each non-converted public housing project as lowincomehousing in accordance with paragraph 7.

12. CFP assistance provided as an Emergency grant or a Safety and Security grant shall be
subject to a 12 month obligation and 24 month expenditure timeperiod. CFP assistance
provided as a Natural Disaster grant shall be subject to a 24 month obligation and 48 month
expenditure time period. The start date shall bethe date on which such funding becomes
available to the PHA for obligation. The PHA must have a recorded and effective Declaration(s)
of Trust on all property funded with Capital Fund grants (all types) or HUD will exercise all
available remedies including recapture of grant funding.

The parties have executed this CFP Amendment, and it will be effective on the date HUD signs below.

U.S. Dept of HUD
By

Title:

Previous versions obsolete

Date:

PHA (Executive Director or authorized agent)
By

Date:

Title

form HUD-52840-A OMB Approval No.2577-0075 (exp. 08/31/2023)