[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: 24CFR966.6]



[Page 486-487]

 

                 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.  966.6  Prohibited lease provisions.



    Lease clauses of the nature described below shall not be included in 

new leases between a PHA and a tenant and shall be deleted from existing 

leases either by amendment thereof or execution of a new lease:

    (a) Confession of judgment. Prior consent by the tenant to any 

lawsuit the landlord may bring against him in connection with the lease 

and to a judgment in favor of the landlord.

    (b) Distraint for rent or other charges. Agreement by the tenant 

that landlord is authorized to take property of the tenant and hold it 

as a pledge until the tenant performs the obligation which the landlord 

has determined the tenant has failed to perform.

    (c) Exculpatory clauses. Agreement by the tenant not to hold the 

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

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

authorized representatives or agents.

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

or money judgments. Agreements by the tenant that the landlord may 

institute suit without any notice to the tenant that



[[Page 487]]



the suit has been filed, thus preventing the tenant from defending 

against the lawsuit.

    (e) 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.

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

appear in court for the tenant and waive the right to a trial by jury.

    (g) Waiver of right to appeal judicial error in legal proceeding. 

Authorization to the landlord's lawyer to waive the right to appeal for 

judicial error in any suit or to waive the right to file a suit in 

equity to prevent the execution of a judgment.

    (h) Tenant chargeable with cost of legal actions regardless of 

outcome. Provision that the tenant agrees to pay attorney's fees or 

other legal costs whenever the landlord decides to take action against 

the tenant even though the court determines that the tenant prevails in 

the action. Prohibition of this type of provision does not mean that the 

tenant as a party to the lawsuit may not be obligated to pay attorney's 

fees or other costs if he loses the suit.