| (a) Eviction and/or termination of a lease. HTC, TCAP,
and Exchange Developments must specifically state in the lease or
in an addendum attached to the lease that evictions or terminations
of tenancy for other than good cause are prohibited. To terminate
tenancy, the Owner must serve written notice to the tenant specifying
the grounds for the action. For nonpayment of rent, HTC, TCAP, Exchange,
and NHTF Developments require a thirty (30) day written notice. If
the CARES Act is modified to eliminate the 30-day notice requirement,
HUD or Treasury requirements will supersede this 30-day notice requirement
for nonpayment of rent.
(b) HOME, TCAP RF, NHTF, NSP, and HOME-ARP Developments
are prohibited from evicting low income residents or refusing to renew
a lease except for serious or repeated violations of the terms and
conditions of the lease, for violations of applicable federal, state
or local law, for completion of the tenancy period for Transitional
Housing (if applicable), or for other good cause. It must be specifically
stated in the lease or in an addendum attached to the lease that evictions
or non-renewal of leases for other than good cause are prohibited
(24 CFR §92.253 and 24 CFR §93.303). Owners must also comply
with all other lease requirements and prohibitions stated in 24 CFR §92.253
or 24 CFR §93.303, as applicable. To terminate or refuse to renew
tenancy in HOME, TCAP RF, NSP, and HOME-ARP Developments, the Owner
must serve written notice to the tenant specifying the grounds for
the action at least 30 days before the termination of tenancy. For
HOME-ARP, Owners may not terminate the tenancy or refuse to renew
the lease of the Qualifying Household in any Unit that is supported
by capitalized operating costs because of the household's inability
to pay rent of more than 30 percent of the qualifying household's
income toward rent during the longer of the federal affordability
period or the time period identified in the Contract.
(c) In accordance with the Violence Against Women Act,
an incident of actual or threatened domestic violence, dating violence,
sexual assault, or stalking against the documented victim of such
actual or threatened domestic violence, dating violence, sexual assault,
or stalking shall not be construed as a serious or repeated violation
of a lease or good cause for termination of tenancy. Additionally,
it shall not be construed as a serious or repeated violation of a
lease or action eligible for termination of tenancy if a person has
opposed any act or practice made unlawful by the Violence Against
Women Act 2022, or because that person testified, assisted, or participated
in any matter covered by the Violence Against Women Act 2022.
(d) A Development must use a lease or lease addendum
that requires households to report changes in student status.
(e) Owners of HTC Developments are prohibited from
locking out or threatening to lock out any Development resident, except
by judicial process, unless the exclusion is necessary for the purpose
of performing repairs or construction work, or in cases of emergency.
Owners are further prohibited from seizing or threatening to seize
the personal property of a resident except by judicial process unless
the resident has abandoned the premises. These prohibitions must be
included in the lease or lease addendum.
(f) For HOME, TCAP, TCAP RF, NHTF, 811 PRA, NSP, ERA
and HOME-ARP Developments, properties that were initially built for
occupancy prior to 1978 must include in their lease or lease addendum
a Lead Warning Statement. To demonstrate compliance, the Department
will monitor that all households at HOME, TCAP, TCAP RF, NHTF, NSP,
ERA, and HOME-ARP Developments have signed the Disclosure of Information
on Lead-Based Paint and/or Lead-Based Paint Hazards. (24 CFR §92.355,
24 CFR §93.361 and §570.487(c), and Section 1018 of Title
X, as applicable). The addendum and disclosure are not required if
all lead has been certified to have been cleared from the Development
in accordance with 24 CFR §35.130, and the Owner has the required
certification in its on-site records.
(g) An Owner may bifurcate a lease to terminate the
tenancy of an individual who is a tenant or lawful occupant and engages
in criminal activity directly relating to domestic violence, dating
violence, sexual assault, or stalking against another lawful occupant
living in the Unit or other affiliated individual as defined in the
VAWA 2013.
(h) All NHTF, TCAP RF, NSP, HOME, and HOME-ARP Developments
for which the contract is executed on or after December 16, 2016,
must use the Department created VAWA lease addendum which provides
the ability for the tenant to terminate the lease without penalty
if the Department determines that the tenant qualifies for an emergency
transfer under 24 CFR §5.2005(e). 811 PRA Units are prohibited
from using the expired 2005 VAWA lease addendum. After OMB approval
of a VAWA lease addendum, all 811 PRA households must have a valid
and executed VAWA lease addendum. For the 811 PRA program certain
addenda for the HUD model lease may be required such as Lead Based
Paint Disclosure form, house rules, and pet rules. No other attachments
to the lease are permissible without approval from the Department's
811 PRA staff.
(i) Leasing of HOME, HOME Match, TCAP RF, or NHTF Units
to an organization that, in turn, rents those Units to individuals
is not permissible for Developments with contracts dated on or after
August 23, 2013. Leases must be between the Development and an eligible
household. NSP and HOME-ARP Developments may only utilize Master Leases,
if specifically allowed in the Development's LURA.
(j) Housing Tax Credit Units leased to an organization
through a supportive housing program where the owner receives a rental
payment for the Unit regardless of physical occupancy will be found
out of compliance if the Unit remains vacant for over 60 days. The
Unit will be found out of compliance under the Event of Noncompliance
"Violation of the Unit Vacancy Rule."
(k) It is a Development Owner's responsibility at all
times to know what it has agreed to provide by way of common amenities,
Unit amenities, and services.
(l) A Development Owner shall post in a common area
of the leasing office a copy and provide each household, during the
application process and upon a subsequent change to the items described
in paragraph (2) of this subsection, the brochure made available by
the Department, A Tenant Rights and Resources Guide, which includes:
(1) Information about Fair Housing and tenant choice;
(2) Information regarding common amenities, Unit amenities,
and services; and
(3) A certification that a representative of the household
must sign prior to, but no more than 120 days prior to, the initial
lease execution acknowledging receipt of this brochure.
(4) In the event this brochure is not provided timely
or the household does not certify to receipt of the brochure, correction
will be achieved by providing the household with the brochure and
receiving a signed certification that it was received.
(m) For Section 811 PRA Units, Owners must use the
HUD Model lease, HUD form 92236-PRA.
(n) Except as identified in federal or state statute
or regulation for Direct Loans, or as otherwise identified in this
Chapter, the Department does not determine if an Owner has good cause
or if a resident has violated the lease terms. Challenges to evictions
or terminations of tenancy must be determined by a court of competent
jurisdiction or an agreement of the parties (including an agreement
made in arbitration), and the Department will rely on that determination.
|
