[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: 24CFR886.127]



[Page 141-142]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

PART 886_SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM_SPECIAL ALLOCATIONS

--Table of Contents

 

 Subpart A_Additional Assistance Program for Projects With HUD-Insured 

                         and HUD-Held Mortgages

 

Sec.  886.127  Lease requirements.



    (a) Term of lease. (1) The term of a lease, including a new lease or 

a lease amendment, executed by the owner and the family must be for at 

least one year, or the remaining term of the contract if the remaining 

term of the contract is less than one year.

    (2) During the first year of the lease term, the owner may not 

terminate the tenancy for ``other good cause'' under 24 CFR 247.3(a)(3), 

unless the termination is based on family malfeasance or nonfeasance. 

For example, during the first year of the lease term, the owner may not 

terminate the tenancy for ``other good cause'' based on the failure by 

the family to accept the offer of a new lease.

    (3) The lease may contain a provision permitting the family to 

terminate the lease on 30 days advance written notice to the owner. In 

the case of a lease term for more than one year, the lease must contain 

this provision.

    (b) Required and prohibited provisions. The lease between the owner 

and the family must comply with HUD regulations and requirements, and 

must be in the form required by HUD. The lease may not contain any of 

the following types of prohibited provisions:



[[Page 142]]



    (1) Admission of guilt. Agreement by the family (i) to be sued, (ii) 

to admit guilt, or (iii) to a judgment in favor of the owner, in a court 

proceeding against the family in connection with the lease.

    (2) Treatment of family property. Agreement by the family that the 

owner may take or hold family property, or may sell family property, 

without notice to the family and a court decision on the rights of the 

parties.

    (3) Excusing owner from responsibility. Agreement by the family not 

to hold the owner or the owner's agents responsible for any action or 

failure to act, whether intentional or negligent.

    (4) Waiver of notice. Agreement by the family that the owner does 

not need to give notice of a court proceeding against the family in 

connection with the lease, or does not need to give any notice required 

by HUD.

    (5) Waiver of court proceeding for eviction. Agreement by the family 

that the owner may evict the family (i) without instituting a civil 

court proceeding in which the family has the opportunity to present a 

defense, or (ii) before a decision by the court on the rights of the 

parties.

    (6) Waiver of jury trial. Agreement by the family to waive any right 

to a trial by jury.

    (7) Waiver of appeal. Agreement by the family to waive the right to 

appeal, or to otherwise challenge in court, a court decision in 

connection with the lease.

    (8) Family chargeable with legal costs regardless of outcome. 

Agreement by the family to pay lawyer's fees or other legal costs of the 

owner, even if the family wins in a court proceeding by the owner 

against the family. (However, the family may have to pay these fees and 

costs if the family loses.)



[53 FR 3368, Feb. 5, 1988]