HUD HCV Guidebook § 3
Term of HAP Contract (HUD HCV Guidebook)
Operative Text
The term of the HAP contract begins on the first day of the lease term and ends on the last day of the
lease term, including any extensions of the lease term.
The HAP contract and the housing assistance payments made under the HAP contract terminate
automatically in each of the following situations:
The owner or the tenant terminate the lease;
The PHA terminates the HAP contract;
The PHA terminates assistance for the family;
Upon the death of a single member household, including single member households with a
live-in aide;
If the family is absent from the unit for longer than 180 calendar days or the maximum period
permitted by the PHA in its administrative plan. The owner must13 reimburse the PHA for any
11 24 CFR § 982.161
12 24 CFR § 982.161(c)
13 24 CFR § 982.312(b)
housing assistance payment for the period after the termination; pr
When 180 calendar days have elapsed since the PHA made the last housing assistance
payment to the owner.
Housing assistance payments terminate when the lease is terminated by the owner in accordance with
the lease. However, if the owner has commenced the process to evict the tenant, and if the family
continues to reside in the unit, the PHA must continue to make housing assistance payments to the
owner in accordance with the HAP contract until the owner has obtained a court judgment or other
process allowing the owner to evict the tenant. The PHA may continue such payments until the family
moves or is evicted from the unit. See 24 CFR § 982.311(b)
If the family moves from the unit, the owner is entitled to keep the housing assistance payment for
the month in which the family moves out of the unit. The term of a new HAP contract for a new unit
may begin in the same month in which the participant moves out of the previously assisted unit. This
is not considered a duplicative subsidy.
The PHA has the discretion to terminate the HAP contract in each of the following situations:
If the PHA determines that available program funding is not sufficient to support continued
assistance for families in the program;
If the PHA determines that the contract unit does not meet Housing Quality Standards (HQS)
size requirements due to a change in family composition;
If the assisted family breaks up and the PHA’s policies as stated in its administrative plan
determine that a family member that is leaving the unit is entitled to retain the voucher;
The unit does not meet HQS; and/or
The owner breaches the HAP contract.
The PHA must address the above situations in its administrative plan14 to define when the PHA will
terminate the HAP contract.Under HUD Housing Choice Voucher Guidebook § 3, a Housing Assistance Payments (HAP) contract runs concurrently with the lease, including any extensions, and ends when the lease ends. The contract—and the payments made under it—terminate automatically in specific circumstances, such as when either party ends the lease, when the family is absent for more than 180 calendar days, or when 180 days pass since the last payment was made. A PHA also holds discretionary authority to end a HAP contract for reasons such as insufficient program funding, Housing Quality Standards failures, or owner breach of the contract.
Plain English — not legal advice.
Under HUD Housing Choice Voucher Guidebook § 3, compliant property owners generally understand that their HAP contract is tied directly to the lease term and that payments stop automatically under defined conditions, including extended tenant absence or lease termination. Owners who begin eviction proceedings should be aware that the PHA is generally required to continue housing assistance payments while a court process is underway, and may continue them until the unit is vacated or the eviction is completed. Owners are also expected to reimburse the PHA for any housing assistance payments received after an automatic termination event, such as a family absence exceeding 180 calendar days.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under HUD Housing Choice Voucher Guidebook § 3, tenants participating in the Housing Choice Voucher program have an interest in understanding that their housing assistance is tied to the lease and can end automatically under certain conditions, including extended absences from the unit beyond 180 calendar days. If a landlord begins eviction proceedings, the provision provides that assistance payments generally continue while the legal process plays out, which may be relevant to a tenant's understanding of their situation. Tenants who believe their assistance has been improperly terminated may consider contacting their local PHA, reviewing the PHA's administrative plan for applicable policies, or reaching out to a tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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