Abatements become effective the first day of the month following the failed re-inspection and will continue until the owner corrects the deficiency and the unit passes inspection. Abatement is a period of time when the Housing Assistance Payment (HAP) is not made to the owner.
It is imposed as the result of program violations; therefore no retroactive payments will be made for the time the unit remains under abatement. During abatements, the HAP contract remains in force, for this reason, abatement of HAP is not legal grounds for evicting a tenant. As long as the tenant continues paying his/her portion of the rent the family cannot be evicted, federal regulations prohibit owners from evicting a tenant for an abated HAP. The owner's HAP will be reinstated once required repairs are made and unit passes inspection.
HAP payments will not be abated if the tenant refuses to provide the owner with access to the unit to make repairs. Documentation of failed attempts to repair deficiencies must be provided in writing. If the abatement is due to serious breach of contract such as owner's criminal activity or fraud information will be forwarded to the HUD office of Inspector General and the owner bared from future participation in the program.