the Project will thereafter be operated in accordance with the terms of this ACC, the Government shall reassign to the Local Authority all of the rights and interests of the Government in and to the Project as such rights and interests exist at the time of such reassignment.

2.17 Remedies not Exclusive and NonWaivers of Remedies. Any remedy provided for herein shall not be exclusive or preclude the Owner, LHA and/or the Government from exercising any other remedy available under this ACC or under any provisions of law, nor shall any action taken in the exercise of any remedy be deemed a waiver of any other rights or remedies available to such parties. Failure on the part of any such party to exercise any right or remedy shall not constitute a waiver of that or any other right or remedy, nor operate to deprive the party of the right thereafter to take any remedial action for the same or any subsequent default.

2.18. Interest of Members, Officers, or Employees of Local Authority, Members of Local Governing Body, or Other Public Officials.

(a) Neither the Local Authority nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement, in connection with any project, in which any member, officer, or employee of the Local Authority, or any member of the governing body of the locality in which the Project is situated, or any member of the governing body of the locality in which the Authority was activated, or any other public official of such locality or localities who exercises any responsibilities or functions with respect to the Project during his tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee of the Local Authority, or any such governing body member or such other public official of such locality or localities involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Local Authority and such disclosure is entered upon the minutes of the Local Authority, the Local Authority, with the prior approval of the Government may waive the prohibition contained in this subsection; Provided, however, that any such present member, officer, or employee of the Local Authority shall not participate in any action by the Local Authority relating to such contract, subcontract, or arrangement.

(b) The Local Authority shall insert in all contracts entered into in connection with any Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of its subcontracts, the following provisions: No member, officer, or employee of the Local Authority, no member of the governing body of the locality in which the Project is situated, no member of the governing body of the locality in which the Local Authority

was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Project, during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof.

(c) The provisions of the foregoing subsections (a) and (b) of this Section 2.18 shall not be applicable to the General Depositary Agreement, or utility service the rates for which are fixed or controlled by a governmental agency.

2.19. Interest of Member of or Delegate to Congress. No member of or delegate to the Congress of the United States of America or resident Commissioner shall be admitted to any share or part of this ACC or to any benefits which may arise therefrom.

PART I-CERTIFICATE OF FAMILY

PARTICIPATION

APPENDIX V-CERTIFICATE OF FAMILY
PARTICIPATION AND LEASE APPROVAL

1. Certification. The undersigned Authority hereby certifies that the Family headed by is authorized to

participate in the Section 23 Housing Assistance Payments Program of this Authority. Under this program, the Authority makes housing assistance payments on behalf of participating families toward their rents for decent, safe, and sanitary dwelling units.

2. Dwelling Unit. If the Family finds a dwelling unit suitable to its needs, containing at least 1 bedrooms, and in decent, safe, and sanitary condition, it should submit to the Authority for approval Part II of this form. Request for Lease Approval, together with a proposed lease. Prior to approval of the proposed lease, the Authority will inspect the unit or cause it to be inspected.

3. Rent. The monthly rental provided in the lease must be determined by the Authority to be reasonable, but this rent plus the Authority allowance for any utilities payable directly by the Family shall in no case exceed 2 Under the

rules and regulations of the Housing Assistance Payments Program, the Family will be obligated to pay $toward the

monthly lease rental; provided that this amount will be reduced by the Authoritydetermined allowance for any utilities to be paid directly by the Family, and such reduced amount will be specified in the lease. The amount of the Family's payment is subject to change by reason of changes in the income or composition of the Family. Pursuant to a Housing Assistance Payments

1 Enter the unit size, by number of bedrooms, for which the Family is eligible pursuant to the occupancy standards of the Authority.

Enter the applicable fair market rent for the unit size specified in item 2.

Contract with an owner, the Authority will pay to the owner on behalf of the Family an amount equal to the difference between the monthly rental amount owed by the Family to the owner and the total monthly rent which the owner is entitled to receive under the lease.

4. Authority Approval of Lease. The Authority will notify the owner and the Family whether or not the proposed lease is approvable within working days from receipt of a Request for Lease Approval. The Authority, upon issuing this Certificate, anticipates that if a lease meeting the requirements of this program is submitted for approval, the Authority will have funds available for a Housing Assistance Payments Contract with the owner; however, the Authority is under no obligation to the Family, to any owner or to any other person to approve any submitted lease, nor does the Authority incur any liability by reason of issuing this Certificate. Approval of any lease will be at the Authority's sole discretion and subject to availability of funds.

5. Conditions. The Family agrees to perform all its obligations under the Housing Assistance Payments Program, including the obligations to (a) provide such income information and records as may be required in the administration of the program, (b) permit inspections of its dwelling unit at reasonable times after reasonable advance notice, and (c) give at least 30 days notice to the Authority of the Family's intention to vacate the unit.

6. Equal Housing Opportunity. If the Family has reason to believe that, in its search for suitable housing, it has been discriminated against on the basis of race, color, creed, sex, religion, or national origin, it may file a complaint with the HUD Regional Office. Fair Housing Complaint Forms (form HUD 903) are available from this Authority. 7. Expiration Date. A request for Lease Approval may be submitted to this Authority no later than (60 days from the

date of this Certificate). If a Request is not submitted by such date, this Certificate shall expire unless extended by the Authority in writing.

b. The specified dwelling unit is currently: Vacant and has been since before the date of this Request.

Occupied by the undersigned Family. Occupied by other than the undersigned Family but the unit will be vacated prior to occupancy by the Family as a result of (1) voluntary decision of occupant, or (2) action by Owner for cause, or (3) other reasons clearly unrelated to the proposed leasing to the Family.

c. This unit is made available, managed, and operated regardless of race, color, religion, creed, sex, or national origin.

3. Security and Utility Deposits. The Family will will not require Authority assistance to pay security and/or utility deposits. The amount of Owner's required security deposit (not to exceed one month's rent) is $--------. The amounts of the required utility deposits are: Deposit to

(Insert name of utility company)
$_.

Deposit to

(Insert name of utility company)

4. Authority Determination. The Owner and the Family understand that the Authority will notify them as to whether or not the proposed lease is approvable within the time period specified in paragraph 4 of the Certificate of Family Participation.

(Owner)

By:

(Date)

(Date)

By:

(Signature)

(Signature of Family Representative)

(Present Address of Family)

PART III-AUTHORITY DETERMINATION

(To be sent to the Owner and Family) (Check applicable box.)

1. Approval. This Authority hereby approves the proposed lease between (Family) and

(Owner) for the dwelling unit located at Returned here

(street address and apart

ment number, if any) with are (a) the proposed lease completed by the Authority with respect to the portion of the monthly lease rental which the Family shall be obligated to pay to the Owner, and (b) two copies of a Housing Assistance Payments Contract completed by this Authority except for execution. The lease shall be executed by the Family and the -Owner and a copy returned to the Authority. The Owner shall sign both copies of the Contract and return them to the Authority. The Authority will execute the Contract by the first day of occupancy specified in the lease and will immediately return an executed copy to the Owner.

Attached is a Security Deposit Agreement, -signed by this Authority, which shall be signed by the Owner and the Family and a signed copy returned to this Authority.

Yes

No

"The following additional Lease provisions are incorporated in full in the Lease between (Lessor) and (Lessee) for the following dwelling unit: In case of any conflict between these and any other provisions of the Lease, these provisions shall prevail.

"a. Of the total rent ($_ per month), $--- shall be payable by the Housing Authority (LHA) as housing assistance payments on behalf of the Lessee and

shall be payable by the Lessee. These amounts shall be subject to change by reason of changes in the family income or composition, as determined by the LHA, effective as of the date stated in a notification of such change by the LHA to the Lessee and Lessor.

"b. The Lessor shall provide the following services (including security) and mainte

'nance:

[Here specify all services to be provided by the Lessor, which shall include all services customarily supplied to tenants of this type of housing in the locality. In preparing this list, the provisions contained in form HUD52505A, Guide for Lease Provisions for Maintenance and Security Services, shall be included except to the extent modifications are approved by the LHA.]

"c. The Lessor shall not evict the Lessee unless the Lessor complies with the requirements of local law, if any, and of this provision. The Lessor shall give the Lessee a written notice of the proposed eviction, stating the grounds and advising the Lessee that he has 10 days (or such greater number, if any, that may be required by local law) within which to respond to the Lessor. Because the Lessor must obtain the LHA's authorization for an eviction, a copy of the notice shall be furnished simultaneously to the LHA, and the notice shall also state that the Lessee may, within the same time period, present his objections to the LHA in writing or in person. The LHA shall forthwith examine the grounds for eviction and shall authorize the eviction unless it finds the grounds to be insufficient under the Lease. The LHA shall notify the Lessor and the Lessee of its determination within 20 days of the date of receipt of the notice by the Lessee whether or not the Lessee has presented objections to the LHA.

"d. The Lessor shall not discriminate against the Lessee in the provision of services, or in any other manner, on the grounds of race, color, creed, religion, sex, or national origin.

"e. This Lease has been signed by the parties on the condition that the LHA will promptly execute a Housing Assistance Payments Contract with the Lessor. Accordingly, this Lease shall not become effective unless the LHA has executed such Contract by the first day of occupancy specified in the Lease. "Lessor Lessee

garbage storage equipment, and/or adequate trash and garbage disposal);

b. Grounds maintenance (including, but not limited to, exterior custodial services and maintenance of lawns and outdoor plantings, including lawn cutting and reseeding);

c. Prompt response to Lessee service calls (including, but not limited to, calls with respect to refrigerators, ranges, plumbing, heating, electrical and hot water fixtures and systems, and broken, stuck, or damaged doors, screens or windows);

d. Repainting and redecorating dwelling space and non-dwelling space surfaces on the following basis: [to be specified in the lease];

e. Prompt replacement of light bulbs and other lighting equipment in common (including outdoor) areas;

f. Exterminating services on a regularly scheduled basis, as follows: [to be specified in lease];

g. Where applicable, removal of snow and ice from walkways, exterior stairs, and parking areas on a timely basis;

h. Repair of walkways and parking lot surfaces;

i. Where applicable, repair of garbage disposals, dishwashers, air conditioners, and laundry equipment;

j. Where applicable, regular maintenance and prompt repair of elevators, incinerators, compactors, and laundry equipment and facilities;

k. Security services and equipment [to be specified in the lease].

NOTE: Appendices VII and VIII, which relate to internal HUD processing procedures, are not included herein, but do appear in the HUD Existing Housing Handbook. APPENDIX IX-HOUSING ASSISTANCE PAYMENTS

1.2. Housing assistance payments. a. The LHA has determined that the Family can afford to pay $------ per month toward the rent chargeable by the Owner. The LHA will pay on behalf of the Family a housing assistance payment in the amount of $-which represents the difference between the rent chargeable by the Owner and that portion of said rent payable by the Family. The amount of housing assistance payment and the amount of rent payable by the Family shall be subject to change by reason of changes in the Family income or composition, as determined by the LHA, effective as of the date stated in a notification of such change by the LHA to the Family and Owner. However, any increase in the amount payable by the Family shall be offset by a corresponding decrease in the amount of housing assistance payment; and any decrease in the amount payable by the Family shall be offset by a corresponding increase in the amount of housing assistance payment, but not in excess of the amount available with respect to this assisted unit out of the aggregate amount pledged in the Annual Contributions Contract (ACC) for all dwelling units under the ACC (see Section 2.3(b)).

b. Housing assistance payments shall be made by the LHA to the Owner, under the terms and conditions of this Contract, only for the period during which the assisted unit is leased by the Family under the lease for the dwelling unit approved by the LHA ("Lease"). Should the Family vacate its unit in violation of the provisions of its Lease, the Owner may continue to receive housing assistance payments in accordance with the terms of the Contract, not beyond the term of the Lease, but only if the Owner (1) immediately upon leasing of the vacancy, has taken all feasible action to fill it, including, but not limited to, contacting families on his waiting list, requesting the LHA to refer eligible families, and advertising the availability of the unit; (2) has promptly (within 30 days of the date the Family vacated the unit) notified the LHA of the vacancy; and (3) has not rejected, except for good cause acceptable to the LHA, any substitute family provided by the LHA.

c. Neither the LHA nor the United States of America, (hereinafter referred to as the "Government") has assumed any obligation whatsoever for the amount of rent payable by the Family or the satisfaction of any claim by the Owner against the Family. The financial obligation of the LHA is limited to making housing assistance payments on behalf of the Family in accordance with this Contract.

d. (1) The Owner shall submit a monthly request to the LHA for the housing assistance payment. Upon the determination of the LHA that the amount of the request is correct and that the Owner is in compliance with the provisions of this Contract, the LHA shall pay to the Owner the amount requested.

(2) If the Owner receives any excessive payment, the LHA, in addition to any other rights to recovery, may deduct the amount from any subsequent payment or payments.

(3) The Owner's monthly requests for housing assistance payments shall be made subject to penalty under 18 U.S.C. 1001, which provides, among other things, that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States shall be fined not more than $10,000 or imprisoned for not more than five years or both.

1.3. Maintenance, operation and inspection. a. The term "Premises", as used in this Contract, means the dwelling unit leased by the Family and areas, facilities and grounds which are for its benefit or use.

b. The Owner agrees (1) to maintain and operate the Premises so as to provide decent, safe, and sanitary housing, and (2) to provide all maintenance and services as contained in the Lease. If, at any time during the term of this Contract, the Owner fails to comply with the obligation in (1), housing assistance payments on behalf of the Family shall be wholly abated and if the Owner fails to comply with the obligation in (2), housing assistance payments on behalf of the Family shall be abated in whole or in part. Any abatement under this paragraph b shall be effective upon written notification to the Owner, and shall continue until such time as the obligation is complied with. The LHA shall promptly notify the Family of any such abatement.

c. The LHA will inspect, or cause to be inspected, at least annually, the Premises to determine that they are in decent, safe, and sanitary condition.

1.4. Term of contract. The term of this Contract shall be The Contract

shall terminate upon expiration or termination of the Lease and shall be subject to termination in accordance with the provisions of Section 2.5 of this Contract.

1.5. Eviction. The Owner shall not evict the Family unless the Owner complies with the requirements of local law, if any, and of this Section. The Owner shall give the Family a written notice of the proposed eviction, stating the grounds and advising the Family that it has 10 days (or such greater number, if any, that may be required by local law) within which to respond to the Owner. The Owner must obtain the LHA's authorization for an eviction; accordingly, a copy of the notice shall be furnished simultaneously to the LHA, and the notice shall also state that the Family may, within the same time period, present its objections to the LHA in writing or in person. The LHA shall forthwith examine the grounds for eviction and shall authorize the eviction unless it finds the grounds to be insufficient under the Lease. The LHA shall notify the

Owner and the Family of its determination within 20 days of the date of receipt of the notice by the Family, whether or not the Family has presented objections to the LHA.

1.6. Owner-family lease. The Lease between the Owner (Lessor) and the Family (Lessee), shall contain the following provisions:

"ADDENDUM TO LEASE

"The following additional Lease provisions are incorporated in full in the Lease between (Lessor) and

(Lessee) for the following dwelling unit: In case of any conflict between these and any other provisions of the Lease, these provisions shall prevail.

per

"a. Of the total rent ($. month), $-------- shall be payable by the Housing Authority (LHA) as housing assistance payments on behalf of the Lessee and $shall be payable by the Lessee. These amounts shall be subject to change by reason of changes in the family income or composition, as determined by the LHA, effective as of the date stated in a notification of such change by the LHA to the Lessee and Lessor.

"b. The Lessor shall provide the following services (including security) and main

tenance:

[Here specify all services to be provided by the Lessor, which shall include all services customarily supplied to tenants of this type of housing in the locality. In preparing this list, provisions contained in form HUD52505A, Guide for Lease Provisions for Maintenance and Security Services, shall be included except to the extent modifications are approved by the LHA.]

"c. The Lessor shall not evict the Lessee unless the Lessor complies with the requirements of local law, if any, and of this provision. The Lessor shall give the Lessee a written notice of the proposed eviction, stating the grounds and advising the Lessee that he has 10 days (or such greater number, if any, that may be required by local law) within which to respond to the Lessor. Because the Lessor must obtain the LHA's authorization for an eviction, a copy of the notice shall be furnished simultaneously to the LHA, and the notice shall also state that the Lessee may, within the same time period, present his objections to the LHA in writing or in person. The LHA shall forthwith examine the grounds for eviction and shall authorize the eviction unless it finds the grounds to be insufficient under the Lease. The LHA shall notify the Lessor and the Lessee of its determination within 20 days of the date of receipt of the notice by the Lessee whether or not the Lessee has presented objections to the LHA.

"d. The Lessor shall not discriminate against the Lessee in the provision of services, or in any other manner, on the grounds of race, color, creed, religion, sex, or national origin.