[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: 24CFR966.4]



[Page 479-486]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 966_PUBLIC HOUSING LEASE AND GRIEVANCE PROCEDURE--Table of Contents

 

         Subpart A_Dwelling Leases, Procedures and Requirements

 

Sec.  966.4  Lease requirements.



    A lease shall be entered into between the PHA and each tenant of a 

dwelling unit which shall contain the provisions described hereinafter.

    (a) Parties, dwelling unit and term. (1) The lease shall state:

    (i) The names of the PHA and the tenant;

    (ii) The unit rented (address, apartment number, and any other 

information needed to identify the dwelling unit);

    (iii) The term of the lease (lease term and renewal in accordance 

with paragraph (a)(2) of this section);

    (iv) A statement of what utilities, services and equipment are to be 

supplied by the PHA without additional cost, and what utilities and 

appliances are to be paid for by the tenant;

    (v) The composition of the household as approved by the PHA (family 

members and any PHA-approved live-in-aide). The family must promptly 

inform the PHA of the birth, adoption or court-awarded custody of a 

child. The family must request PHA approval to add any other family 

member as an occupant of the unit.

    (2) Lease term and renewal. (i) The lease shall have a twelve month 

term. Except as provided in paragraph (a)(2)(ii) of this section, the 

lease term must be automatically renewed for the same period.

    (ii) The PHA may not renew the lease if the family has violated the 

requirement for resident performance of community service or 

participation in an economic self-sufficiency program in accordance with 

part 960, subpart F of this chapter.

    (iii) At any time, the PHA may terminate the tenancy in accordance 

with Sec.  966.4(l).

    (3) Execution and modification. The lease must be executed by the 

tenant and the PHA, except for automatic renewals of a lease. The lease 

may modified at any time by written agreement of the tenant and the PHA.

    (b) Payments due under the lease--(1) Tenant rent. (i) The tenant 

shall pay the amount of the monthly tenant rent determined by the PHA in 

accordance with HUD regulations and other requirements. The amount of 

the tenant rent is subject to change in accordance with HUD 

requirements.

    (ii) The lease shall specify the initial amount of the tenant rent 

at the beginning of the initial lease term. The PHA shall give the 

tenant written notice stating any change in the amount of tenant rent, 

and when the change is effective.

    (2) PHA charges. The lease shall provide for charges to the tenant 

for maintenance and repair beyond normal wear and tear and for 

consumption of excess utilities. The lease shall state the basis



[[Page 480]]



for the determination of such charges (e.g., by a posted schedule of 

charges for repair, amounts charged for utility consumption in excess of 

the allowance stated in the lease, etc.). The imposition of charges for 

consumption of excess utilities is permissible only if such charges are 

determined by an individual check meter servicing the leased unit or 

result from the use of major tenant-supplied appliances.

    (3) Late payment penalties. At the option of the PHA, the lease may 

provide for payment of penalties for late payment.

    (4) When charges are due. The lease shall provide that charges 

assessed under paragraph (b) (2) and (3) of this section shall not be 

due and collectible until two weeks after the PHA gives written notice 

of the charges. Such notice constitutes a notice of adverse action, and 

must meet the requirements governing a notice of adverse action (see 

Sec.  966.4(e)(8)).

    (5) Security deposits. At the option of the PHA, the lease may 

provide for security deposits which shall not exceed one month's rent or 

such reasonable fixed amount as may be required by the PHA. Provision 

may be made for gradual accumulation of the security deposit by the 

tenant. Subject to applicable laws, interest earned on security deposits 

may be refunded to the tenant on vacation of the dwelling unit or used 

for tenant services or activities.

    (c) Redetermination of rent and family composition. The lease shall 

provide for redetermination of rent and family composition which shall 

include:

    (1) The frequency of regular rental redetermination and the basis 

for interim redetermination.

    (2) An agreement by the tenant to furnish such information and 

certifications regarding family composition and income as may be 

necessary for the PHA to make determinations with respect to rent, 

eligibility, and the appropriateness of dwelling size.

    (3) An agreement by the tenant to transfer to an appropriate size 

dwelling unit based on family composition, upon appropriate notice by 

the PHA that such a dwelling unit is available.

    (4) When the PHA redetermines the amount of rent (Total Tenant 

Payment or Tenant Rent) payable by the tenant, not including 

determination of the PHA's schedule of Utility Allowances for families 

in the PHA's Public Housing Program, or determines that the tenant must 

transfer to another unit based on family composition, the PHA shall 

notify the tenant that the tenant may ask for an explanation stating the 

specific grounds of the PHA determination, and that if the tenant does 

not agree with the determination, the tenant shall have the right to 

request a hearing under the PHA grievance procedure.

    (d) Tenant's right to use and occupancy. (1) The lease shall provide 

that the tenant shall have the right to exclusive use and occupancy of 

the leased unit by the members of the household authorized to reside in 

the unit in accordance with the lease, including reasonable 

accommodation of their guests. The term guest is defined in 24 CFR 

5.100.

    (2) With the consent of the PHA, members of the household may engage 

in legal profitmaking activities in the dwelling unit, where the PHA 

determines that such activities are incidental to primary use of the 

leased unit for residence by members of the household.

    (3)(i) With the consent of the PHA, a foster child or a live-in aide 

may reside in the unit. The PHA may adopt reasonable policies concerning 

residence by a foster child or a live-in-aide, and defining the 

circumstances in which PHA consent will be given or denied. Under such 

policies, the factors considered by the PHA may include:

    (A) Whether the addition of a new occupant may necessitate a 

transfer of the family to another unit, and whether such units are 

available.

    (B) The PHA's obligation to make reasonable accommodation for 

handicapped persons.

    (ii) Live-in aide means a person who resides with an elderly, 

disabled or handicapped person and who:

    (A) Is determined to be essential to the care and well-being of the 

person;

    (B) Is not obligated for the support of the person; and

    (C) Would not be living in the unit except to provide the necessary 

supportive services.



[[Page 481]]



    (e) The PHA's obligations. The lease shall set forth the PHA's 

obligations under the lease which shall include the following:

    (1) To maintain the dwelling unit and the project in decent, safe 

and sanitary condition;

    (2) To comply with requirements of applicable building codes, 

housing codes, and HUD regulations materially affecting health and 

safety;

    (3) To make necessary repairs to the dwelling unit;

    (4) To keep project buildings, facilities and common areas, not 

otherwise assigned to the tenant for maintenance and upkeep, in a clean 

and safe condition;

    (5) To maintain in good and safe working order and condition 

electrical, plumbing, sanitary, heating, ventilating, and other 

facilities and appliances, including elevators, supplied or required to 

be supplied by the PHA;

    (6) To provide and maintain appropriate receptacles and facilities 

(except containers for the exclusive use of an individual tenant family) 

for the deposit of ashes, garbage, rubbish and other waste removed from 

the dwelling unit by the tenant in accordance with paragraph (f)(7) of 

this section;

    (7) To supply running water and reasonable amounts of hot water and 

reasonable amounts of heat at appropriate times of the year (according 

to local custom and usage) except where the building that includes the 

dwelling unit is not required by law to be equipped for that purpose, or 

where heat or hot water is generated by an installation within the 

exclusive control of the tenant and supplied by a direct utility 

connection; and

    (8)(i) To notify the tenant of the specific grounds for any proposed 

adverse action by the PHA. (Such adverse action includes, but is not 

limited to, a proposed lease termination, transfer of the tenant to 

another unit, or imposition of charges for maintenance and repair, or 

for excess consumption of utilities.)

    (ii) When the PHA is required to afford the tenant the opportunity 

for a hearing under the PHA grievance procedure for a grievance 

concerning a proposed adverse action:

    (A) The notice of proposed adverse action shall inform the tenant of 

the right to request such hearing. In the case of a lease termination, a 

notice of lease termination in accordance with paragraph (l)(3) of this 

section, shall constitute adequate notice of proposed adverse action.

    (B) In the case of a proposed adverse action other than a proposed 

lease termination, the PHA shall not take the proposed action until the 

time for the tenant to request a grievance hearing has expired, and (if 

a hearing was timely requested by the tenant) the grievance process has 

been completed.

    (f) Tenant's obligations. The lease shall provide that the tenant 

shall be obligated:

    (1) Not to assign the lease or to sublease the dwelling unit;

    (2) Not to provide accommodations for boarders or lodgers;

    (3) To use the dwelling unit solely as a private dwelling for the 

tenant and the tenant's household as identified in the lease, and not to 

use or permit its use for any other purpose;

    (4) To abide by necessary and reasonable regulations promulgated by 

the PHA for the benefit and well-being of the housing project and the 

tenants which shall be posted in the project office and incorporated by 

reference in the lease;

    (5) To comply with all obligations imposed upon tenants by 

applicable provisions of building and housing codes materially affecting 

health and safety;

    (6) To keep the dwelling unit and such other areas as may be 

assigned to the tenant for the tenant's exclusive use in a clean and 

safe condition;

    (7) To dispose of all ashes, garbage, rubbish, and other waste from 

the dwelling unit in a sanitary and safe manner;

    (8) To use only in a reasonable manner all electrical, plumbing, 

sanitary, heating, ventilating, air-conditioning and other facilities 

and appurtenances including elevators;

    (9) To refrain from, and to cause the household and guests to 

refrain from destroying, defacing, damaging, or removing any part of the 

dwelling unit or project;



[[Page 482]]



    (10) To pay reasonable charges (other than for wear and tear) for 

the repair of damages to the dwelling unit, or to the project (including 

damages to project buildings, facilities or common areas) caused by the 

tenant, a member of the household or a guest.

    (11) To act, and cause household members or guests to act, in a 

manner which will not disturb other residents' peaceful enjoyment of 

their accommodations and will be conducive to maintaining the project in 

a decent, safe and sanitary condition;

    (12) (i) To assure that no tenant, member of the tenant's household, 

or guest engages in:

    (A) Any criminal activity that threatens the health, safety or right 

to peaceful enjoyment of the premises by other residents; or

    (B) Any drug-related criminal activity on or off the premises;

    (ii) To assure that no other person under the tenant's control 

engages in:

    (A) Any criminal activity that threatens the health, safety or right 

to peaceful enjoyment of the premises by other residents; or

    (B) Any drug-related criminal activity on the premises;

    (iii) To assure that no member of the household engages in an abuse 

or pattern of abuse of alcohol that affects the health, safety, or right 

to peaceful enjoyment of the premises by other residents.

    (g) Tenant maintenance. The lease may provide that the tenant shall 

perform seasonal maintenance or other maintenance tasks, as specified in 

the lease, where performance of such tasks by tenants of dwellings units 

of a similar design and construction is customary: Provided, That such 

provision is included in the lease in good faith and not for the purpose 

of evading the obligations of the PHA. The PHA shall exempt tenants who 

are unable to perform such tasks because of age or disability.

    (h) Defects hazardous to life, health, or safety. The lease shall 

set forth the rights and obligations of the tenant and the PHA if the 

dwelling unit is damaged to the extent that conditions are created which 

are hazardous to life, health, or safety of the occupants and shall 

provide that:

    (1) The tenant shall immediately notify project management of the 

damage;

    (2) The PHA shall be responsible for repair of the unit within a 

reasonable time: Provided, That if the damage was caused by the tenant, 

tenant's household or guests, the reasonable cost of the repairs shall 

be charged to the tenant;

    (3) The PHA shall offer standard alternative accommodations, if 

available, where necessary repairs cannot be made within a reasonable 

time; and

    (4) Provisions shall be made for abatement of rent in proportion to 

the seriousness of the damage and loss in value as a dwelling if repairs 

are not made in accordance with paragraph (h)(2) of this section or 

alternative accommodations not provided in accordance with paragraph 

(h)(3) of this section, except that no abatement of rent shall occur if 

the tenant rejects the alternative accommodation or if the damage was 

caused by the tenant, tenant's household or guests.

    (i) Pre-occupancy and pre-termination inspections. The lease shall 

provide that the PHA and the tenant or representative shall be obligated 

to inspect the dwelling unit prior to commencement of occupancy by the 

tenant. The PHA will furnish the tenant with a written statement of the 

condition of the dwelling unit, and the equipment provided with the 

unit. The statement shall be signed by the PHA and the tenant, and a 

copy of the statement shall be retained by the PHA in the tenant's 

folder. The PHA shall be further obligated to inspect the unit at the 

time the tenant vacates the unit and to furnish the tenant a statement 

of any charges to be made in accordance with paragraph (b)(2) of this 

section. Provision shall be made for the tenant's participation in the 

latter inspection, unless the tenant vacates without notice to the PHA.

    (j) Entry of dwelling unit during tenancy. The lease shall set forth 

the circumstances under which the PHA may enter the dwelling unit during 

the tenant's possession thereof, which shall include provision that:

    (1) The PHA shall, upon reasonable advance notification to the 

tenant, be permitted to enter the dwelling unit



[[Page 483]]



during reasonable hours for the purpose of performing routine 

inspections and maintenance, for making improvement or repairs, or to 

show the dwelling unit for re-leasing. A written statement specifying 

the purpose of the PHA entry delivered to the dwelling unit at least two 

days before such entry shall be considered reasonable advance 

notification;

    (2) The PHA may enter the dwelling unit at any time without advance 

notification when there is reasonable cause to believe that an emergency 

exists; and

    (3) If the tenant and all adult members of the household are absent 

from the dwelling unit at the time of entry, the PHA shall leave in the 

dwelling unit a written statement specifying the date, time and purpose 

of entry prior to leaving the dwelling unit.

    (k) Notice procedures. (1) The lease shall provide procedures to be 

followed by the PHA and the tenant in giving notice one to the other 

which shall require that:

    (i) Except as provided in paragraph (j) of this section, notice to a 

tenant shall be in writing and delivered to the tenant or to an adult 

member of the tenant's household residing in the dwelling or sent by 

prepaid first-class mail properly addressed to the tenant; and

    (ii) Notice to the PHA shall be in writing, delivered to the project 

office or the PHA central office or sent by prepaid first-class mail 

properly addressed.

    (2) If the tenant is visually impaired, all notices must be in an 

accessible format.

    (l) Termination of tenancy and eviction.--(1) Procedures. The lease 

shall state the procedures to be followed by the PHA and by the tenant 

to terminate the tenancy.

    (2) Grounds for termination of tenancy. The PHA may terminate the 

tenancy only for:

    (i) Serious or repeated violation of material terms of the lease, 

such as the following:

    (A) Failure to make payments due under the lease;

    (B) Failure to fulfill household obligations, as described in 

paragraph (f) of this section;

    (ii) Being over the income limit for the program, as provided in 24 

CFR 960.261.

    (iii) Other good cause. Other good cause includes, but is not 

limited to, the following:

    (A) Criminal activity or alcohol abuse as provided in paragraph 

(1)(5) of this section;

    (B) Discovery after admission of facts that made the tenant 

ineligible;

    (C) Discovery of material false statements or fraud by the tenant in 

connection with an application for assistance or with reexamination of 

income;

    (D) Failure of a family member to comply with service requirement 

provisions of part 960, subpart F, of this chapter--as grounds only for 

non-renewal of the lease and termination of tenancy at the end of the 

twelve-month lease term; and

    (E) Failure to accept the PHA's offer of a lease revision to an 

existing lease: that is on a form adopted by the PHA in accordance with 

Sec.  966.3; with written notice of the offer of the revision at least 

60 calendar days before the lease revision is scheduled to take effect; 

and with the offer specifying a reasonable time limit within that period 

for acceptance by the family.

    (3) Lease termination notice. (i) The PHA must give written notice 

of lease termination of:

    (A) 14 days in the case of failure to pay rent;

    (B) A reasonable period of time considering the seriousness of the 

situation (but not to exceed 30 days):

    (1) If the health or safety of other residents, PHA employees, or 

persons residing in the immediate vicinity of the premises is 

threatened; or

    (2) If any member of the household has engaged in any drug-related 

criminal activity or violent criminal activity; or

    (3) If any member of the household has been convicted of a felony;

    (C) 30 days in any other case, except that if a State or local law 

allows a shorter notice period, such shorter period shall apply.

    (ii) The notice of lease termination to the tenant shall state 

specific grounds for termination, and shall inform the tenant of the 

tenant's right to make such reply as the tenant may



[[Page 484]]



wish. The notice shall also inform the tenant of the right (pursuant to 

Sec.  966.4(m)) to examine PHA documents directly relevant to the 

termination or eviction. When the PHA is required to afford the tenant 

the opportunity for a grievance hearing, the notice shall also inform 

the tenant of the tenant's right to request a hearing in accordance with 

the PHA's grievance procedure.

    (iii) A notice to vacate which is required by State or local law may 

be combined with, or run concurrently with, a notice of lease 

termination under paragraph (l)(3)(i) of this section.

    (iv) When the PHA is required to afford the tenant the opportunity 

for a hearing under the PHA grievance procedure for a grievance 

concerning the lease termination (see Sec.  966.51(a)(1)), the tenancy 

shall not terminate (even if any notice to vacate under State or local 

law has expired) until the time for the tenant to request a grievance 

hearing has expired, and (if a hearing was timely requested by the 

tenant) the grievance process has been completed.

    (v) When the PHA is not required to afford the tenant the 

opportunity for a hearing under the PHA administrative grievance 

procedure for a grievance concerning the lease termination (see Sec.  

966.51(a)(2)), and the PHA has decided to exclude such grievance from 

the PHA grievance procedure, the notice of lease termination under 

paragraph (l)(3)(i) of this section shall:

    (A) State that the tenant is not entitled to a grievance hearing on 

the termination.

    (B) Specify the judicial eviction procedure to be used by the PHA 

for eviction of the tenant, and state that HUD has determined that this 

eviction procedure provides the opportunity for a hearing in court that 

contains the basic elements of due process as defined in HUD 

regulations.

    (C) State whether the eviction is for a criminal activity as 

described in Sec.  966.51(a)(2)(i)(A) or for a drug-related criminal 

activity as described in Sec.  966.51(a)(2)(i)(B).

    (4) How tenant is evicted. The PHA may evict the tenant from the 

unit either:

    (i) By bringing a court action or;

    (ii) By bringing an administrative action if law of the jurisdiction 

permits eviction by administrative action, after a due process 

administrative hearing, and without a court determination of the rights 

and liabilities of the parties. In order to evict without bringing a 

court action, the PHA must afford the tenant the opportunity for a pre-

eviction hearing in accordance with the PHA grievance procedure.

    (5) PHA termination of tenancy for criminal activity or alcohol 

abuse--(i) Evicting drug criminals. (A) Methamphetamine conviction. The 

PHA must immediately terminate the tenancy if the PHA determines that 

any member of the household has ever been convicted of drug-related 

criminal activity for manufacture or production of methamphetamine on 

the premises of federally assisted housing.

    (B) Drug crime on or off the premises. The lease must provide that 

drug-related criminal activity engaged in on or off the premises by any 

tenant, member of the tenant's household or guest, and any such activity 

engaged in on the premises by any other person under the tenant's 

control, is grounds for the PHA to terminate tenancy. In addition, the 

lease must provide that a PHA may evict a family when the PHA determines 

that a household member is illegally using a drug or when the PHA 

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.

    (ii) Evicting other criminals. (A) Threat to other residents. The 

lease must provide that any criminal activity by a covered person that 

threatens the health, safety, or right to peaceful enjoyment of the 

premises by other residents (including PHA management staff residing on 

the premises) or threatens the health, safety, or right to peaceful 

enjoyment of their residences by persons residing in the immediate 

vicinity of the premises is grounds for termination of tenancy.

    (B) Fugitive felon or parole violator. The PHA may terminate the 

tenancy if a tenant is fleeing to avoid prosecution, or custody or 

confinement after conviction, for a crime, or attempt to commit a crime, 

that is a felony under the laws of the place from which the



[[Page 485]]



individual flees, or that, in the case of the State of New Jersey, is a 

high misdemeanor; or violating a condition of probation or parole 

imposed under Federal or State law.

    (iii) Eviction for criminal activity. (A) Evidence. The PHA may 

evict the tenant by judicial action for criminal activity in accordance 

with this section if the PHA determines that the covered person has 

engaged in the criminal activity, regardless of whether the covered 

person has been arrested or convicted for such activity and without 

satisfying the standard of proof used for a criminal conviction.

    (B) Notice to Post Office. When a PHA evicts an individual or family 

for criminal activity, the PHA must notify the local post office serving 

the dwelling unit that the individual or family is no longer residing in 

the unit.

    (iv) Use of criminal record. If the PHA seeks to terminate the 

tenancy for criminal activity as shown by a criminal record, the PHA 

must notify the household of the proposed action to be based on the 

information and must provide the subject of the record and the tenant 

with a copy of the criminal record before a PHA grievance hearing or 

court trial concerning the termination of tenancy or eviction. The 

tenant must be given an opportunity to dispute the accuracy and 

relevance of that record in the grievance hearing or court trial.

    (v) Cost of obtaining criminal record. The PHA may not pass along to 

the tenant the costs of a criminal records check.

    (vi) Evicting alcohol abusers. The PHA must establish standards that 

allow termination of tenancy if the PHA determines that a household 

member has:

    (A) Engaged in abuse or pattern of abuse of alcohol that threatens 

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

other residents; or

    (B) Furnished false or misleading information concerning illegal 

drug use, alcohol abuse, or rehabilitation of illegal drug users or 

alcohol abusers.

    (vii) PHA action, generally. (A) Assessment under PHAS. Under the 

Public Housing Assessment System (PHAS), PHAs that have adopted 

policies, implemented procedures and can document that they 

appropriately evict any public housing residents who engage in certain 

activity detrimental to the public housing community receive points. 

(See 24 CFR 902.43(a)(5).) This policy takes into account the importance 

of eviction of such residents to public housing communities and program 

integrity, and the demand for assisted housing by families who will 

adhere to lease responsibilities.

    (B) Consideration of circumstances. In a manner consistent with such 

policies, procedures and practices, the PHA may consider all 

circumstances relevant to a particular case such as the seriousness of 

the offending action, the extent of participation by the leaseholder in 

the offending action, the effects that the eviction would have on family 

members not involved in the offending activity and the extent to which 

the leaseholder has shown personal responsibility and has taken all 

reasonable steps to prevent or mitigate the offending action.

    (C) Exclusion of culpable household member. The PHA may require a 

tenant to exclude a household member in order to continue to reside in 

the assisted unit, where that household member has participated in or 

been culpable for action or failure to act that warrants termination.

    (D) Consideration of rehabilitation. In determining whether to 

terminate tenancy for illegal drug use or a pattern of illegal drug use 

by a household member who is no longer engaging in such use, or for 

abuse or a pattern of abuse of alcohol by a household member who is no 

longer engaging in such abuse, the PHA may consider whether such 

household member is participating in or has successfully completed a 

supervised drug or alcohol rehabilitation program, or has otherwise been 

rehabilitated successfully (42 U.S.C. 13662). For this purpose, the PHA 

may require the tenant to submit evidence of the household member's 

current participation in, or successful completion of, a supervised drug 

or alcohol rehabilitation program or evidence of otherwise having been 

rehabilitated successfully.

    (E) Length of period of mandatory prohibition on admission. If a 

statute requires that the PHA prohibit admission of persons for a 

prescribed period of



[[Page 486]]



time after some disqualifying behavior or event, the PHA may apply that 

prohibition for a longer period of time.

    (F) Nondiscrimination limitation. The PHA's eviction actions must be 

consistent with fair housing and equal opportunity provisions of Sec.  

5.105 of this title.

    (m) Eviction: Right to examine PHA documents before hearing or 

trial. The PHA shall provide the tenant a reasonable opportunity to 

examine, at the tenant's request, before a PHA grievance hearing or 

court trial concerning a termination of tenancy or eviction, any 

documents, including records and regulations, which are in the 

possession of the PHA, and which are directly relevant to the 

termination of tenancy or eviction. The tenant shall be allowed to copy 

any such document at the tenant's expense. A notice of lease termination 

pursuant to Sec.  966.4(l) (3) shall inform the tenant of the tenant's 

right to examine PHA documents concerning the termination of tenancy or 

eviction. If the PHA does not make documents available for examination 

upon request by the tenant (in accordance with this Sec.  966.4(m)), the 

PHA may not proceed with the eviction.

    (n) Grievance procedures. The lease shall provide that all disputes 

concerning the obligations of the tenant or the PHA shall (except as 

provided in Sec.  966.51(a)(2)) be resolved in accordance with the PHA 

grievance procedures. The grievance procedures shall comply with subpart 

B of this part.

    (o) Provision for modifications. The lease shall provide that 

modification of the lease must be accomplished by a written rider to the 

lease executed by both parties, except for paragraph (c) of this section 

and Sec.  966.5.

    (p) Signature clause. The lease shall provide a signature clause 

attesting that the lease has been executed by the parties.



[56 FR 51576, Oct. 11, 1991, as amended at 61 FR 13273, Mar. 26, 1996; 

65 FR 16730, Mar. 29, 2000; 66 FR 28802, May 24, 2001; 66 FR 32875, June 

18, 2001; 66 FR 33134, June 20, 2001; 69 FR 68791, Nov. 26, 2004]