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Your Section 8 HAP contract is not signed yet: when the first payment comes and what the 60-day limit means

The housing authority may not pay any subsidy until the HAP contract is signed. Under 24 CFR 982.305(c) it must try to sign before the lease starts and must sign no later than 60 calendar days after the lease term begins. If signed in time, it pays back to the start of the lease. A contract signed after 60 days is void unless HUD approves an extension.

What has to happen before the HAP contract is signed?

Section 982.305(a) lists what the authority must decide before it approves the tenancy or signs the contract: the unit is eligible, it passed inspection, the lease includes the tenancy addendum, the rent to owner is reasonable, and, at the time the family first receives assistance for a unit whose gross rent exceeds the payment standard, the family share does not exceed 40 percent of monthly adjusted income.

Section 982.305(b)(1) adds that three things must be done before the lease term begins: the inspection result, the executed lease with the tenancy addendum and the lead-based paint disclosure, and the authority's approval to lease the unit. In other words the normal order is inspection, approval, lease, then the contract. Starting the lease earlier is a risk for you.

How fast must the inspection happen?

For a housing authority with up to 1,250 budgeted units in its tenant-based program, the inspection and notice must come within 15 days after the family and owner submit the request for approval. Larger authorities must act within a reasonable time and, to the extent practicable, within 15 days. The clock stops while the unit is not available for inspection (982.305(b)(2)). A locked unit or an absent owner can therefore delay the whole process.

The authority may use alternative inspection options set out in its plan, such as accepting an inspection that took place in the previous 24 months. Ask which option it uses.

What does the 60-day deadline mean?

  • The authority must use best efforts to sign the HAP contract before the lease term begins, and must sign no later than 60 calendar days from the start of the lease term.
  • It may not pay any housing assistance payment until the contract is executed.
  • If signed within the 60 days, it pays after execution to cover the part of the lease term before signing, up to a maximum of 60 days.
  • A contract signed after 60 days is void and no payment can be made, unless extenuating circumstances prevented the authority from meeting the deadline and HUD approves an extension request, which must be filed within two weeks after the deadline.

That fourth point is what you need to know: the late contract is an authority risk, but you bear the loss. Keep track of the dates from the first day of the lease.

Example a made-up lease starts on May 1 at $1,200 a month, with the authority's share set at $800. The HAP contract is signed on June 10, 40 days into the lease term. The authority then pays the $800 for May and the $800 for June, plus the regular ongoing payments. If it were signed on July 5, 65 days in, the contract would be void without a HUD extension.

What does the tenant owe in the meantime?

The family owes its own share from the start of the lease under the lease and tenancy addendum, but not the subsidy part. Under 24 CFR 982.451(b)(4), the part of rent to owner paid by the tenant may not be more than the rent to owner minus the housing assistance payment, and you may not demand more. While the contract is pending, ask the authority what tenant share it will use, so you charge the right amount. Do not collect the full rent from the tenant and plan to refund it later unless the authority confirms that approach.

How long does the lease term run?

The HAP contract term begins on the first day of the lease term and ends on the last day of the lease term (24 CFR 982.309(b)). The initial lease term must be at least one year unless the authority approves a shorter term that is the prevailing local practice, and you may not raise the rent during the initial term (982.309(a)). See raising rent on a voucher tenant for what happens after.

How DoorKeeping handles it

DoorKeeping keeps the e-signed lease, the tenancy addendum and your key dates together, so you can see on which day the 60 days ends. It does not sign the HAP contract or contact the authority. When the back payment arrives in your own bank account, record it as described in Recording Section 8 payments in your books.

This is general information, not legal advice. Housing authorities (PHAs) set many details in their own administrative plans, so ask yours before you rely on a number or a deadline.

Sources

  1. 24 CFR 982.305, Housing Choice Voucher Program (eCFR), read Oct 31, 2026
  2. 24 CFR 982.309, Housing Choice Voucher Program (eCFR), read Oct 31, 2026
  3. 24 CFR 982.451, Housing Choice Voucher Program (eCFR), read Oct 31, 2026

Questions

When does the housing authority start paying a landlord?
After the HAP contract is executed. If that happens within 60 days of the lease start, it pays back to the start of the lease term (24 CFR 982.305(c)).
What happens if the HAP contract is signed after 60 days?
It is void and no payment may be made, unless HUD approves an extension for extenuating circumstances requested within two weeks after the deadline.
How long does the Section 8 inspection take?
A small housing authority must inspect within 15 days of the request for approval. Larger ones must do so within a reasonable time, practicably within 15 days. The clock pauses if the unit is unavailable.