[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: 24CFR982.308]



[Page 597]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 982_SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM

--Table of Contents

 

                        Subpart G_Leasing a Unit

 

Sec.  982.308  Lease and tenancy.



    (a) Tenant's legal capacity. The tenant must have legal capacity to 

enter a lease under State and local law. ``Legal capacity'' means that 

the tenant is bound by the terms of the lease and may enforce the terms 

of the lease against the owner.

    (b) Form of lease. (1) The tenant and the owner must enter a written 

lease for the unit. The lease must be executed by the owner and the 

tenant.

    (2) If the owner uses a standard lease form for rental to unassisted 

tenants in the locality or the premises, the lease must be in such 

standard form (plus the HUD-prescribed tenancy addendum). If the owner 

does not use a standard lease form for rental to unassisted tenants, the 

owner may use another form of lease, such as a PHA model lease 

(including the HUD-prescribed tenancy addendum). The HAP contract 

prescribed by HUD will contain the owner's certification that if the 

owner uses a standard lease form for rental to unassisted tenants, the 

lease is in such standard form.

    (c) State and local law. The PHA may review the lease to determine 

if the lease complies with State and local law. The PHA may decline to 

approve the tenancy if the PHA determines that the lease does not comply 

with State or local law.

    (d) Required information. The lease must specify all of the 

following:

    (1) The names of the owner and the tenant;

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

information needed to identify the contract unit);

    (3) The term of the lease (initial term and any provisions for 

renewal);

    (4) The amount of the monthly rent to owner; and

    (5) A specification of what utilities and appliances are to be 

supplied by the owner, and what utilities and appliances are to be 

supplied by the family.

    (e) Reasonable rent. The rent to owner must be reasonable (see Sec.  

982.507).

    (f) Tenancy addendum. (1) The HAP contract form required by HUD 

shall include an addendum (the ``tenancy addendum''), that sets forth:

    (i) The tenancy requirements for the program (in accordance with 

this section and Sec. Sec.  982.309 and 982.310); and

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

members and any PHA-approved live-in aide).

    (2) All provisions in the HUD-required tenancy addendum must be 

added word-for-word to the owner's standard form lease that is used by 

the owner for unassisted tenants. The tenant shall have the right to 

enforce the tenancy addendum against the owner, and the terms of the 

tenancy addendum shall prevail over any other provisions of the lease.

    (g) Changes in lease or rent. (1) If the tenant and the owner agree 

to any changes in the lease, such changes must be in writing, and the 

owner must immediately give the PHA a copy of such changes. The lease, 

including any changes, must be in accordance with the requirements of 

this section.

    (2) In the following cases, tenant-based assistance shall not be 

continued unless the PHA has approved a new tenancy in accordance with 

program requirements and has executed a new HAP contract with the owner:

    (i) If there are any changes in lease requirements governing tenant 

or owner responsibilities for utilities or appliances;

    (ii) If there are any changes in lease provisions governing the term 

of the lease;

    (iii) If the family moves to a new unit, even if the unit is in the 

same building or complex.

    (3) PHA approval of the tenancy, and execution of a new HAP 

contract, are not required for changes in the lease other than as 

specified in paragraph (g)(2) of this section.

    (4) The owner must notify the PHA of any changes in the amount of 

the rent to owner at least sixty days before any such changes go into 

effect, and any such changes shall be subject to rent reasonableness 

requirements (see Sec.  982.503).



[64 FR 26645, May 14, 1999, as amended at 64 FR 56913, Oct. 21, 1999]



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