Finance Agency Must Pay Rent Increases for Below Market-Rent Units

April 26, 2012
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Facts: An owner and the Ohio Housing Finance Agency (OHFA) are parties to a HUD-approved housing assistance payments (HAP) contract under which Section 8 subsidies are applied to rents at the site. The owner sued OHFA for breach of contract, alleging that OHFA failed to pay a series of “automatic” annual rent increases due under the HAP contract. OHFA claimed that changes to federal law and applicable HUD regulations excused payment of the rent increases under the HAP contract.

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