[Code of Federal Regulations]
[Title 24, Volume 2]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR247.3]

[Page 404-405]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
 CHAPTER II--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 
        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 247_EVICTIONS FROM CERTAIN SUBSIDIZED AND HUD-OWNED PROJECTS
--Table of Contents
 
                      Subpart A_Subsidized Projects
 
Sec. 247.3  Entitlement of tenants to occu- pancy.

    (a) General. The landlord may not terminate any tenancy in a 
subsidized project except upon the following grounds:
    (1) Material noncompliance with the rental agreement,
    (2) Material failure to carry out obligations under any state 
landlord and tenant act,
    (3) Criminal activity by a covered person in accordance with 
sections 5.858 and 5.859, or alcohol abuse by a covered person in 
accordance with section 5.860. If necessary, criminal records can be 
obtained for lease enforcement purposes under section 5.903(d)(3).
    (4) Other good cause.

No termination by a landlord under paragraph (a)(1) or (2) of this 
section shall be valid to the extent it is based

[[Page 405]]

upon a rental agreement or a provision of state law permitting 
termination of a tenancy without good cause. No termination shall be 
valid unless it is in accordance with the provisions of Sec. 247.4.
    (b) Notice of good cause. The conduct of a tenant cannot be deemed 
other good cause under Sec. 247.3(a)(4) unless the landlord has given 
the tenant prior notice that said conduct shall henceforth constitute a 
basis for termination of occupancy. Said notice shall be served on the 
tenant in the same manner as that provided for termination notices in 
Sec. 247.4(b).
    (c) Material noncompliance. The term material noncompliance with the 
rental agreement includes:
    (1) One or more substantial violations of the rental agreement;
    (2) Repeated minor violations of the rental agreement that:
    (i) Disrupt the livability of the project,
    (ii) Adversely affect the health or safety of any person or the 
right of any tenant to the quiet enjoyment of the leased premises and 
related project facilities,
    (iii) Interfere with the management of the project, or
    (iv) Have an adverse financial effect on the project;
    (3) If the tenant:
    (i) Fails to supply on time all required information on the income 
and composition, or eligibility factors, of the tenant household, as 
provided in 24 CFR part 5; or
    (ii) Knowingly provides incomplete or inaccurate information as 
required under these provisions; and
    (4) Non-payment of rent or any other financial obligation due under 
the rental agreement (including any portion thereof) beyond any grace 
period permitted under State law, except that the payment of rent or any 
other financial obligation due under the rental agreement after the due 
date, but within the grace period permitted under State law, constitutes 
a minor violation.

(Approved by the Office of Management and Budget under control number 
2502-0204)

[41 FR 43330, Sept. 30, 1976. Redesignated at 49 FR 6713, Feb. 23, 1984, 
and amended at 54 FR 39697, Sept. 27, 1989; 56 FR 7531, Feb. 22, 1991; 
61 FR 13624, Mar. 27, 1996; 61 FR 47382, Sept. 6, 1996; 66 FR 28797, May 
24, 2001]