Part I - Termination of Tenancy by the Operator
- Absence from the Dwelling Unit
In order to continue receiving the benefit of a housing subsidy, a participant is expected to reside continuously in the dwelling unit and may only be absent for brief periods. Operator shall notify AHFC immediately upon approval or knowledge of an absence. Operator (on behalf of AHFC) shall enforce this policy as a requirement of the lease.
- The participant must notify Operator of any absence from the unit beyond thirty (30) days. Absence beyond such time may result in termination of assistance.
- Operator may verify participant occupancy in the unit, or absence from the unit, by such techniques as visits calls or letters to the participant, neighbors, etc.
- Absence from the dwelling unit due to incarceration after conviction for a drug related or felonious crime may result in the immediate termination of housing assistance.
- Absence from the dwelling due to hospitalization or rehabilitation is limited to a maximum period of ninety (90) days in any twelve-month period.
- Absence from the dwelling unit for vacations is limited to thirty (30) days in any twelve- (12) month period, unless otherwise approved by AHFC.
Operator must reimburse AHFC for any housing assistance payments received during periods of known, unapproved absence beyond those specified above.
- Owner Terminations for Cause
During the lease term, the Operator may not terminate tenancy nor refuse to renew a lease term except on the following grounds:
- Serious or repeated violation of the terms and conditions of the lease; or
- Violation of federal, State or local law that imposes obligations on the tenant in connection with the occupancy or use of the premises; or
- Other good cause.
The Operator must give the tenant a written notice, with a copy to AHFC, which specifies the grounds for termination of tenancy. This notice must be given at or before commencement of eviction action.
AHFC does not authorize eviction actions nor determine whether an Operator has good cause for termination of a tenancy.
- Tenant Payment
HAPs are paid to the Operator in accordance with the terms of the HAP Contract. AHFC may make these payments to the Operator only during the lease term, and while the participant is residing in the unit. However, if the Operator has initiated an action to evict the tenant, and if the participant continues to reside in the unit, AHFC will continue to make housing assistance payments to the Operator in accordance with the HAP Contract. Such payments shall continue until the Operator has obtained a court judgment or other process allowing the Operator to evict the tenant, thus terminating the HAP contract.
The participant is not responsible for payment of the portion of the rent to Operator covered by the housing assistance payment. Failure by AHFC to pay the HAP to the Operator is not a violation of the lease between the tenant and the Operator and is not a cause for eviction.