Phoenix, AZ asked in Gov & Administrative Law and Government Contracts for California

Q: I want an explanation of the HUD defined HAP contract annual anniversary date and contract year

It seems this is circular logic definitions, if you can explain with an example.

(e) Contract year and annual anniversary of the HAP contract.

(1) The contract year is the period of 12 calendar months preceding each annual anniversary of the HAP contract during the HAP contract term. The initial contract year is calculated from the first day of the first calendar month of the HAP contract term.

(2) The annual anniversary of the HAP contract is the first day of the first calendar month after the end of the preceding contract year. The adjusted rent to owner amount applies for the period of 12 calendar months from the annual anniversary of the HAP contract.

https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-983/subpart-G/section-983.302

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: Under HUD guidelines, the HAP contract annual anniversary date and contract year can indeed be a bit confusing. To illustrate with an example, let's say a HAP contract starts on April 1, 2023. The initial contract year would run from April 1, 2023, to March 31, 2024. The annual anniversary date of this HAP contract would then be April 1, 2024. For each subsequent year, the contract year is the 12 months leading up to but not including that anniversary date. So, the next contract year would be April 1, 2024, to March 31, 2025, with the annual anniversary on April 1, 2025, and so forth. The significance of this date is that any adjusted rent amounts agreed upon in the HAP contract would take effect from the annual anniversary date for the next 12 calendar months.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.