In case of an owner violation leading to HAP non-payment, what is true for the tenant?

When there is an owner violation that leads to HAP (Housing Assistance Payment) non-payment, it is important to understand the implications for the tenant. The statement that the tenant is not responsible for the amount covered by HAP is accurate because, in these situations, the tenant's obligation to pay rent is based on the terms of their lease. If the owner violates the terms of the agreement, particularly in a way that affects HAP, the tenant should not be held financially responsible for the portion of rent that is covered by HAP.

This aligns with the principle that tenants should not suffer a loss due to the owner's failure to comply with program requirements. The purpose of HAP is to ensure that low-income families can afford housing, and if an owner violates conditions leading to non-payment, it indicates that the subsidy intended to support the tenant is in jeopardy due to the owner's actions. Therefore, the tenant's financial obligations, specifically towards the portion that is normally compensated through HAP, should be alleviated in such circumstances.