Skip Navigation Links Home » RDOM » Landlords » Valid Approval

Valid Approval

The HAP contract is a written agreement between MDOC and the owner of the dwelling unit occupied by a housing choice voucher assisted family. Under the HAP contract, MDOC agrees to make housing assistance payments to the landlord on behalf of a specific family occupying a specific unit and obliges the owner to comply with all program requirements.

 
 

The HAP contract format is prescribed by HUD. If MDOC has given approval for the family of the assisted tenancy, the owner and the MDOC execute the HAP contract. MDOC is permitted to execute a HAP contract even if the funding currently available does not extend for the full term of the HAP contract. The HAP contract must be executed no later than 60 calendar days from the beginning of the lease term.

MDOC may not pay any housing assistance payment to the owner until the HAP contract has been executed. If the HAP contract is executed during the period of 60 calendar days from the beginning of the lease term, MDOC will pay housing assistance payments after execution of the HAP contract (in accordance with the terms of the HAP contract), to cover the portion of the lease term before execution of the HAP contract (a maximum of 60 days). Any HAP contract executed after the 60 day period is void, and MDOC may not pay any housing assistance payment to the owner.

After receiving the family's Request for Tenancy Approval, a field agent must promptly notify the family and owner whether the assisted tenancy is approved.  Prior to approving the assisted tenancy and execution of a HAP contract, MDOC must ensure that all required actions and determinations have been completed.

These actions include:

• ensuring that the unit is eligible


• the unit has been inspected by the local field agency and meets the Housing Quality Standards (HQS)
 

• the lease offered by the owner is approvable and includes the required Tenancy Addendum


• the rent to be charged by the owner for the unit is reasonable


• the gross rent, if over the payment standard, does not exceed 40 percent of the family’s monthly adjusted income


• the landlord is an eligible owner with no conflicts of interest


• the tenants and the owner have executed the lease, including the Tenancy Addendum, and the lead‐based paint disclosure information