[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR882.511]



[Page 83-84]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL 

 

PART 882_SECTION 8 MODERATE REHABILITATION PROGRAMS--Table of Contents

 

    Subpart E_Special Procedures for Moderate Rehabilitation_Program 

                        Development and Operation

 

Sec.  882.511  Lease and termination of tenancy.



    (a) Lease. (1) The lease must include all provisions required by 

HUD, and must not include any provisions prohibited by HUD.

    (2) The lease must provide that drug-related criminal activity 

engaged in on or near the premises by any tenant, household member, or 

guest, and any such activity engaged in on the premises by any other 

person under the tenant's control is grounds for the owner to terminate 

tenancy. In addition, the lease must provide that the owner may



[[Page 84]]



terminate the tenancy of a family when the owner determines that a 

household member is illegally using a drug or when the owner determines 

that a pattern of illegal use of a drug interferes with the health, 

safety, or right to peaceful enjoyment of the premises by other 

residents.

    (b) Applicability. The provisions of this section apply to decisions 

by an Owner to terminate the tenancy of a Family during or at the end of 

the Family's lease term.

    (c) Grounds for termination of or refusal to renew the lease. The 

Owner must not terminate or refuse to renew the lease except upon the 

following grounds:

    (1) Serious or repeated violation of the terms and conditions of the 

lease.

    (2) Violation of applicable Federal, State or local law.

    (3) Other good cause.

    (d) Notice of termination of tenancy. (1) The Owner must serve a 

written notice of termination of tenancy on the Family which states the 

date the tenancy shall terminate. Such date must be in accordance with 

the following:

    (i) When termination is based on failure to pay rent, the date of 

termination must be not less than five working days after the Family's 

receipt of the notice.

    (ii) When termination is based on serious or repeated violation of 

the terms and conditions of the lease or on violation of applicable 

Federal, State or local law, the date of termination must be in 

accordance with State and local law.

    (iii) When termination is based on other good cause, the date of 

termination must be no earlier than 30 days after the notice is served 

on the Family.

    (2) The notice of termination must:

    (i) State the reasons for such termination with enough specificity 

to enable the Family to prepare a defense.

    (ii) Advise the Family that if a judicial proceeding for eviction is 

instituted, the tenant may present a defense in that proceeding.

    (iii) Be served on the Family by sending a prepaid first class 

properly addressed letter (return receipt requested) to the tenant at 

the dwelling unit or by delivering a copy of the notice to the dwelling 

unit.

    (3) Substitution of State and local requirements. In the case of 

failure to pay rent, a notice of termination which is issued pursuant to 

State or local law or is common practice in the locality and which 

satisfies paragraph (c)(2) may be substituted for or run concurrently 

with the notice required herein.

    (e) Eviction. All evictions must be carried out through judical 

process under State and local law. ``Eviction'' means the dispossession 

of the Family from the dwelling unit pursuant to State or local court 

action.

    (f) Lease. The requirements of this section shall be incorporated 

into the dwelling lease between the Owner and the Family.



[47 FR 34383, Aug. 9, 1982, as amended at 63 FR 23855, Apr. 30, 1998; 66 

FR 28797, May 24, 2001]