[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: 24CFR884.215]



[Page 123-124]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

PART 884_SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW CONSTRUCTION 

SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING PROJECTS--Table of Contents

 

               Subpart B_Project Development and Operation

 

Sec.  884.215  Lease requirements.



    The Lease shall contain all required provisions specified in 

paragraph (b) of this section and none of the prohibited provisions 

listed in paragraph (c) of this section.

    (a) Term of lease. The term of the Lease shall be for not less than 

one year. The Lease may (or, in the case of a Lease for a term of more 

than one year, shall) contain a provision permitting termination upon 30 

days advance written notice by either party.

    (b) Required provisions. The Lease between the Owner (Lessor) and 

the Family (Lessee) shall contain the following provisions:



                            Addendum to Lease



    The following additional Lease provisions are incorporated in full 

in the Lease between -------------------- (Lessor) and ----------------

---- (Lessee) for the following dwelling unit: --------------------. In 

case of any conflict between these and any other provisions of the 

Lease, these provisions shall prevail.

    a. The total rent shall be $------------ per month.

    b. Of the total rent, $------------ shall be payable by or at the 

direction of the Department of Housing and Urban Development (``HUD'') 

as housing assistance payments on behalf of the Lessee and $------------ 

shall be payable by the Lessee. These amounts shall be subject to change 

by reason of changes in the Lessee's family income, family composition, 

or extent of exceptional medical or other unusual expenses, in 

accordance with



[[Page 124]]



HUD-established schedules and criteria; or by reason of adjustment by 

HUD, or the PHA, if appropriate, of any applicable Allowance for 

Utilities and Other Services. Any such change shall be effective as of 

the date stated in a notification to the Lessee.

    c. The Lessor shall not discriminate against the Lessee in the 

provision of services, or in any other manner, on the grounds of race, 

color, creed, religion, sex, or national origin.

    d. The Lessor shall provide the following services and maintenance:



Lessor__________________________________________________________________

By______________________________________________________________________

Date____________________________________________________________________

Lessee__________________________________________________________________

Date____________________________________________________________________



    (c) Prohibited provisions. Lease clauses which fall within the 

classifications listed below shall not be included in any Lease.

    (1) Confession of judgment. Prior consent by tenant to any lawsuit 

the landlord may bring against him in connection with the Lease and to a 

judgment in favor of the landlord.

    (2) Distraint for rent or other charges. Authorization to the 

landlord to take property of the tenant and hold it as a pledge until 

the tenant performs any obligation which the landlord has determined the 

tenant has failed to perform.

    (3) Exculpatory clause. Agreement by tenant not to hold the landlord 

or landlord's agents liable for any acts or omissions whether 

intentional or negligent on the part of the landlord or the landlord's 

authorized representative or agents.

    (4) Waiver of legal notice to tenant prior to actions for eviction 

or money judgments. Agreement by tenant that the landlord may institute 

suit without any notice to the tenant that the suit has been filed.

    (5) Waiver of legal proceedings. Authorization to the landlord to 

evict the tenant or hold or sell the tenant's possessions whenever the 

landlord determines that a breach or default has occurred, without 

notice to the tenant or any determination by a court of the rights and 

liabilities of the parties.

    (6) Waiver of jury trial. Authorization to the landlord's lawyer to 

appear in court for the tenant and to waive the tenant's right to a 

trial by jury.

    (7) Waiver of right to appeal judicial error in legal proceedings. 

Authorization to the landlord's lawyer to waive the tenant's right to 

appeal on the ground of judicial error in any suit or the tenant's right 

to file a suit in equity to prevent the execution of a judgment.

    (8) Tenant chargeable with costs of legal actions regardless of 

outcome. Agreement by the tenant to pay attorney's fees or other legal 

costs whenever the landlord decides to take action against the tenant 

even though the court finds in favor of the tenant. (Omission of such 

clause does not mean that the tenant as a party to a lawsuit may not be 

obligated to pay attorney's fee or other costs if he loses the suit.)