[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR983.256]

[Page 671-672]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
 
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.
    (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

[[Page 672]]

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.)