[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: 24CFR983.256]



[Page 673-674]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 983_PROJECT-BASED VOUCHER (PBV) PROGRAM--Table of Contents

 

                           Subpart F_Occupancy

 

Sec.  983.256  Lease.



    (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.



[[Page 674]]



    (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, except as provided in paragraph (b)(4) of this section. 

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.

    (3) In all cases, the lease must include a HUD-required tenancy 

addendum. The tenancy addendum must include, word-for-word, all 

provisions required by HUD.

    (4) The PHA may review the owner's lease form 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.

    (c) 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, if any, and any 

other information needed to identify the leased contract unit);

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

renewal);

    (4) The amount of the tenant rent to owner. The tenant rent to owner 

is subject to change during the term of the lease in accordance with HUD 

requirements;

    (5) A specification of what services, maintenance, equipment, and 

utilities are to be provided by the owner; and

    (6) The amount of any charges for food, furniture, or supportive 

services.

    (d) Tenancy addendum. (1) The tenancy addendum in the lease shall 

state:

    (i) The program tenancy requirements (as specified in this part);

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

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

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

included in the lease. The terms of the tenancy addendum shall prevail 

over other provisions of the lease.

    (e) Changes in lease. (1) If the tenant and the owner agree to any 

change in the lease, such change must be in writing, and the owner must 

immediately give the PHA a copy of all such changes.

    (2) The owner must notify the PHA in advance of any proposed change 

in lease requirements governing the allocation of tenant and owner 

responsibilities for utilities. Such changes may be made only if 

approved by the PHA and in accordance with the terms of the lease 

relating to its amendment. The PHA must redetermine reasonable rent, in 

accordance with Sec.  983.303(c), based on any change in the allocation 

of responsibility for utilities between the owner and the tenant, and 

the redetermined reasonable rent shall be used in calculation of rent to 

owner from the effective date of the change.

    (f) Initial term of lease. The initial lease term must be for at 

least one year.

    (g) Lease provisions governing tenant absence from the unit. The 

lease may specify a maximum period of tenant absence from the unit that 

may be shorter than the maximum period permitted by PHA policy. (PHA 

termination of assistance actions due to family absence from the unit is 

subject to 24 CFR 982.312, except that the HAP contract is not 

terminated if the family is absent for longer than the maximum period 

permitted.)