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Document Sample
Pt. 966 24 CFR Ch. IX (4–1–04 Edition)
for hearing-impaired persons and in- 966.53 Definitions.
stalled in the bedroom or bedrooms oc- 966.54 Informal settlement of grievance.
cupied by the hearing-impaired resi- 966.55 Procedures to obtain a hearing.
dents. Individual units that are jointly 966.56 Procedures governing the hearing.
966.57 Decision of the hearing officer or
occupied by both hearing and hearing- hearing panel.
impaired residents must be equipped
with both audible and visual types of AUTHORITY: 42 U.S.C. 1437d and 3535(d).
alarm devices.
(2) If needed, battery-operated smoke Subpart A—Dwelling Leases,
detectors, except in units occupied by Procedures and Requirements
hearing-impaired residents, may be in-
stalled as a temporary measure where SOURCE: 40 FR 33402, Aug. 7, 1975, unless
no detectors are present in a unit. otherwise noted. Redesignated at 49 FR 6714,
Temporary battery-operated smoke de- Feb. 23, 1984.
tectors must be replaced with hard-
wired electric smoke detectors in the § 966.1 Purpose and applicability.
normal course of a PHA’s planned (a) This part is applicable to public
CIAP or CGP program to meet the re- housing.
quired HUD Modernization Standards (b) Subpart A of this part prescribes
or state or local codes, whichever the provisions that must be incor-
standard is stricter. Smoke detectors porated in leases for public housing
for units occupied by hearing-impaired dwelling units.
residents must be installed in accord- (c) Subpart B of this part prescribes
ance with the acceptability criteria in public housing grievance hearing re-
paragraph (b)(1) of this section. quirements.
(c) Funding. PHAs shall use operating
funds to provide battery-operated [66 FR 28802, May 24, 2001]
smoke detectors in units that do not
have any smoke detector in place. If § 966.2 Definitions.
operating funds or reserves are insuffi- The following terms are defined in
cient to accomplish this, PHAs may part 5, subpart A of this title: 1937 Act,
apply for emergency CIAP funding. The covered person, drug, drug-related crimi-
PHAs may apply for CIAP or CGP nal activity, federally assisted housing,
funds to replace battery-operated guest, household, HUD, other person
smoke detectors with hard-wired under the tenant’s control, public hous-
smoke detectors in the normal course ing, premises, public housing agency, Sec-
of a planned modernization program. tion 8, violent criminal activity.
[66 FR 28802, May 24, 2001]
PART 966—PUBLIC HOUSING LEASE
AND GRIEVANCE PROCEDURE § 966.3 Tenants’ opportunity for com-
ment.
Subpart A—Dwelling Leases, Procedures Each PHA shall provide at least 30
and Requirements days notice to tenants and resident or-
ganizations setting forth proposed
Sec.
966.1 Purpose and applicability. changes in the lease form used by the
966.2 Definitions. PHA, and providing an opportunity to
966.3 Tenants’ opportunity for comment. present written comments. Subject to
966.4 Lease requirements. requirements of this rule, comments
966.5 Posting of policies, rules and regula- submitted shall be considered by the
tions. PHA before formal adoption of any new
966.6 Prohibited lease provisions. lease form.
966.7 Accommodation of persons with dis-
abilities. [56 FR 51576, Oct. 11, 1991]
Subpart B—Grievance Procedures and § 966.4 Lease requirements.
Requirements A lease shall be entered into between
966.50 Purpose and scope. the PHA and each tenant of a dwelling
966.51 Applicability. unit which shall contain the provisions
966.52 Requirements. described hereinafter.
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Office of the Assistant Secretary, HUD § 966.4
(a) Parties, dwelling unit and term. (1) stating any change in the amount of
The lease shall state: tenant rent, and when the change is ef-
(i) The names of the PHA and the fective.
tenant; (2) PHA charges. The lease shall pro-
(ii) The unit rented (address, apart- vide for charges to the tenant for main-
ment number, and any other informa- tenance and repair beyond normal wear
tion needed to identify the dwelling and tear and for consumption of excess
unit); utilities. The lease shall state the basis
(iii) The term of the lease (lease term for the determination of such charges
and renewal in accordance with para- (e.g., by a posted schedule of charges
graph (a)(2) of this section); for repair, amounts charged for utility
(iv) A statement of what utilities, consumption in excess of the allowance
services and equipment are to be sup- stated in the lease, etc.). The imposi-
plied by the PHA without additional tion of charges for consumption of ex-
cost, and what utilities and appliances cess utilities is permissible only if such
are to be paid for by the tenant; charges are determined by an indi-
(v) The composition of the household vidual check meter servicing the leased
as approved by the PHA (family mem- unit or result from the use of major
bers and any PHA-approved live-in- tenant-supplied appliances.
aide). The family must promptly in- (3) Late payment penalties. At the op-
form the PHA of the birth, adoption or tion of the PHA, the lease may provide
court-awarded custody of a child. The for payment of penalties for late pay-
family must request PHA approval to ment.
add any other family member as an oc- (4) When charges are due. The lease
cupant of the unit. shall provide that charges assessed
(2) Lease term and renewal. (i) The under paragraph (b) (2) and (3) of this
lease shall have a twelve month term. section shall not be due and collectible
Except as provided in paragraph until two weeks after the PHA gives
(a)(2)(ii) of this section, the lease term written notice of the charges. Such no-
must be automatically renewed for the tice constitutes a notice of adverse ac-
same period. tion, and must meet the requirements
(ii) The PHA may not renew the lease governing a notice of adverse action
if the family has violated the require- (see § 966.4(e)(8)).
ment for resident performance of com- (5) Security deposits. At the option of
munity service or participation in an the PHA, the lease may provide for se-
economic self-sufficiency program in curity deposits which shall not exceed
accordance with part 960, subpart F of one month’s rent or such reasonable
this chapter. fixed amount as may be required by the
(iii) At any time, the PHA may ter- PHA. Provision may be made for grad-
minate the tenancy in accordance with ual accumulation of the security de-
§ 966.4(l). posit by the tenant. Subject to applica-
(3) Execution and modification. The ble laws, interest earned on security
lease must be executed by the tenant deposits may be refunded to the tenant
and the PHA, except for automatic re- on vacation of the dwelling unit or
newals of a lease. The lease may modi- used for tenant services or activities.
fied at any time by written agreement (c) Redetermination of rent and family
of the tenant and the PHA. composition. The lease shall provide for
(b) Payments due under the lease. (1) redetermination of rent and family
Tenant rent. (i) The tenant shall pay composition which shall include:
the amount of the monthly tenant rent (1) The frequency of regular rental
determined by the PHA in accordance redetermination and the basis for in-
with HUD regulations and other re- terim redetermination.
quirements. The amount of the tenant (2) An agreement by the tenant to
rent is subject to change in accordance furnish such information and certifi-
with HUD requirements. cations regarding family composition
(ii) The lease shall specify the initial and income as may be necessary for the
amount of the tenant rent at the begin- PHA to make determinations with re-
ning of the initial lease term. The PHA spect to rent, eligibility, and the ap-
shall give the tenant written notice propriateness of dwelling size.
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§ 966.4 24 CFR Ch. IX (4–1–04 Edition)
(3) An agreement by the tenant to (A) Is determined to be essential to
transfer to an appropriate size dwelling the care and well-being of the person;
unit based on family composition, upon (B) Is not obligated for the support of
appropriate notice by the PHA that the person; and
such a dwelling unit is available. (C) Would not be living in the unit
(4) When the PHA redetermines the except to provide the necessary sup-
amount of rent (Total Tenant Payment portive services.
or Tenant Rent) payable by the tenant, (e) The PHA’s obligations. The lease
not including determination of the
shall set forth the PHA’s obligations
PHA’s schedule of Utility Allowances
under the lease which shall include the
for families in the PHA’s Public Hous-
ing Program, or determines that the following:
tenant must transfer to another unit (1) To maintain the dwelling unit and
based on family composition, the PHA the project in decent, safe and sanitary
shall notify the tenant that the tenant condition;
may ask for an explanation stating the (2) To comply with requirements of
specific grounds of the PHA determina- applicable building codes, housing
tion, and that if the tenant does not codes, and HUD regulations materially
agree with the determination, the ten- affecting health and safety;
ant shall have the right to request a (3) To make necessary repairs to the
hearing under the PHA grievance pro- dwelling unit;
cedure. (4) To keep project buildings, facili-
(d) Tenant’s right to use and occu- ties and common areas, not otherwise
pancy. (1) The lease shall provide that assigned to the tenant for maintenance
the tenant shall have the right to ex- and upkeep, in a clean and safe condi-
clusive use and occupancy of the leased tion;
unit by the members of the household
(5) To maintain in good and safe
authorized to reside in the unit in ac-
working order and condition electrical,
cordance with the lease, including rea-
sonable accommodation of their guests. plumbing, sanitary, heating, ven-
The term guest is defined in 24 CFR tilating, and other facilities and appli-
5.100. ances, including elevators, supplied or
(2) With the consent of the PHA, required to be supplied by the PHA;
members of the household may engage (6) To provide and maintain appro-
in legal profitmaking activities in the priate receptacles and facilities (except
dwelling unit, where the PHA deter- containers for the exclusive use of an
mines that such activities are inci- individual tenant family) for the de-
dental to primary use of the leased posit of ashes, garbage, rubbish and
unit for residence by members of the other waste removed from the dwelling
household. unit by the tenant in accordance with
(3)(i) With the consent of the PHA, a paragraph (f)(7) of this section;
foster child or a live-in aide may reside (7) To supply running water and rea-
in the unit. The PHA may adopt rea- sonable amounts of hot water and rea-
sonable policies concerning residence sonable amounts of heat at appropriate
by a foster child or a live-in-aide, and times of the year (according to local
defining the circumstances in which custom and usage) except where the
PHA consent will be given or denied. building that includes the dwelling
Under such policies, the factors consid- unit is not required by law to be
ered by the PHA may include:
equipped for that purpose, or where
(A) Whether the addition of a new oc-
heat or hot water is generated by an
cupant may necessitate a transfer of
the family to another unit, and wheth- installation within the exclusive con-
er such units are available. trol of the tenant and supplied by a di-
(B) The PHA’s obligation to make rect utility connection; and
reasonable accommodation for handi- (8)(i) To notify the tenant of the spe-
capped persons. cific grounds for any proposed adverse
(ii) Live-in aide means a person who action by the PHA. (Such adverse ac-
resides with an elderly, disabled or tion includes, but is not limited to, a
handicapped person and who: proposed lease termination, transfer of
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Office of the Assistant Secretary, HUD § 966.4
the tenant to another unit, or imposi- heating, ventilating, air-conditioning
tion of charges for maintenance and re- and other facilities and appurtenances
pair, or for excess consumption of utili- including elevators;
ties.) (9) To refrain from, and to cause the
(ii) When the PHA is required to af- household and guests to refrain from
ford the tenant the opportunity for a destroying, defacing, damaging, or re-
hearing under the PHA grievance pro- moving any part of the dwelling unit or
cedure for a grievance concerning a project;
proposed adverse action: (10) To pay reasonable charges (other
(A) The notice of proposed adverse than for wear and tear) for the repair
action shall inform the tenant of the of damages to the dwelling unit, or to
right to request such hearing. In the the project (including damages to
case of a lease termination, a notice of project buildings, facilities or common
lease termination in accordance with areas) caused by the tenant, a member
paragraph (l)(3) of this section, shall of the household or a guest.
constitute adequate notice of proposed (11) To act, and cause household
adverse action. members or guests to act, in a manner
(B) In the case of a proposed adverse which will not disturb other residents’
action other than a proposed lease ter- peaceful enjoyment of their accom-
mination, the PHA shall not take the modations and will be conducive to
proposed action until the time for the maintaining the project in a decent,
tenant to request a grievance hearing safe and sanitary condition;
has expired, and (if a hearing was time- (12) (i) To assure that no tenant,
ly requested by the tenant) the griev- member of the tenant’s household, or
ance process has been completed. guest engages in:
(f) Tenant’s obligations. The lease (A) Any criminal activity that
shall provide that the tenant shall be threatens the health, safety or right to
obligated: peaceful enjoyment of the premises by
(1) Not to assign the lease or to sub- other residents; or
lease the dwelling unit; (B) Any drug-related criminal activ-
(2) Not to provide accommodations ity on or off the premises;
for boarders or lodgers; (ii) To assure that no other person
(3) To use the dwelling unit solely as under the tenant’s control engages in:
a private dwelling for the tenant and (A) Any criminal activity that
the tenant’s household as identified in threatens the health, safety or right to
the lease, and not to use or permit its peaceful enjoyment of the premises by
use for any other purpose; other residents; or
(4) To abide by necessary and reason- (B) Any drug-related criminal activ-
able regulations promulgated by the ity on the premises;
PHA for the benefit and well-being of (iii) To assure that no member of the
the housing project and the tenants household engages in an abuse or pat-
which shall be posted in the project of- tern of abuse of alcohol that affects the
fice and incorporated by reference in health, safety, or right to peaceful en-
the lease; joyment of the premises by other resi-
(5) To comply with all obligations dents.
imposed upon tenants by applicable (g) Tenant maintenance. The lease
provisions of building and housing may provide that the tenant shall per-
codes materially affecting health and form seasonal maintenance or other
safety; maintenance tasks, as specified in the
(6) To keep the dwelling unit and lease, where performance of such tasks
such other areas as may be assigned to by tenants of dwellings units of a simi-
the tenant for the tenant’s exclusive lar design and construction is cus-
use in a clean and safe condition; tomary: Provided, That such provision
(7) To dispose of all ashes, garbage, is included in the lease in good faith
rubbish, and other waste from the and not for the purpose of evading the
dwelling unit in a sanitary and safe obligations of the PHA. The PHA shall
manner; exempt tenants who are unable to per-
(8) To use only in a reasonable man- form such tasks because of age or dis-
ner all electrical, plumbing, sanitary, ability.
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§ 966.4 24 CFR Ch. IX (4–1–04 Edition)
(h) Defects hazardous to life, health, or (j) Entry of dwelling unit during ten-
safety. The lease shall set forth the ancy. The lease shall set forth the cir-
rights and obligations of the tenant cumstances under which the PHA may
and the PHA if the dwelling unit is enter the dwelling unit during the ten-
damaged to the extent that conditions ant’s possession thereof, which shall
are created which are hazardous to life, include provision that:
health, or safety of the occupants and (1) The PHA shall, upon reasonable
shall provide that: advance notification to the tenant, be
(1) The tenant shall immediately no- permitted to enter the dwelling unit
tify project management of the dam- during reasonable hours for the pur-
age; pose of performing routine inspections
(2) The PHA shall be responsible for and maintenance, for making improve-
repair of the unit within a reasonable ment or repairs, or to show the dwell-
time: Provided, That if the damage was ing unit for re-leasing. A written state-
caused by the tenant, tenant’s house- ment specifying the purpose of the
hold or guests, the reasonable cost of PHA entry delivered to the dwelling
the repairs shall be charged to the ten- unit at least two days before such
ant; entry shall be considered reasonable
(3) The PHA shall offer standard al- advance notification;
ternative accommodations, if avail- (2) The PHA may enter the dwelling
able, where necessary repairs cannot be unit at any time without advance noti-
made within a reasonable time; and fication when there is reasonable cause
(4) Provisions shall be made for to believe that an emergency exists;
abatement of rent in proportion to the and
seriousness of the damage and loss in (3) If the tenant and all adult mem-
value as a dwelling if repairs are not bers of the household are absent from
made in accordance with paragraph the dwelling unit at the time of entry,
(h)(2) of this section or alternative ac- the PHA shall leave in the dwelling
commodations not provided in accord- unit a written statement specifying the
ance with paragraph (h)(3) of this sec- date, time and purpose of entry prior
tion, except that no abatement of rent
to leaving the dwelling unit.
shall occur if the tenant rejects the al-
(k) Notice procedures. (1) The lease
ternative accommodation or if the
shall provide procedures to be followed
damage was caused by the tenant, ten-
by the PHA and the tenant in giving
ant’s household or guests.
notice one to the other which shall re-
(i) Pre-occupancy and pre-termination
quire that:
inspections. The lease shall provide that
the PHA and the tenant or representa- (i) Except as provided in paragraph
tive shall be obligated to inspect the (j) of this section, notice to a tenant
dwelling unit prior to commencement shall be in writing and delivered to the
of occupancy by the tenant. The PHA tenant or to an adult member of the
will furnish the tenant with a written tenant’s household residing in the
statement of the condition of the dwelling or sent by prepaid first-class
dwelling unit, and the equipment pro- mail properly addressed to the tenant;
vided with the unit. The statement and
shall be signed by the PHA and the ten- (ii) Notice to the PHA shall be in
ant, and a copy of the statement shall writing, delivered to the project office
be retained by the PHA in the tenant’s or the PHA central office or sent by
folder. The PHA shall be further obli- prepaid first-class mail properly ad-
gated to inspect the unit at the time dressed.
the tenant vacates the unit and to fur- (2) If the tenant is visually impaired,
nish the tenant a statement of any all notices must be in an accessible for-
charges to be made in accordance with mat.
paragraph (b)(2) of this section. Provi- (l) Termination of tenancy and evic-
sion shall be made for the tenant’s par- tion.—(1) Procedures. The lease shall
ticipation in the latter inspection, un- state the procedures to be followed by
less the tenant vacates without notice the PHA and by the tenant to termi-
to the PHA. nate the tenancy.
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Office of the Assistant Secretary, HUD § 966.4
(2) Grounds for termination of tenancy. (C) 30 days in any other case, except
The PHA may terminate the tenancy that if a State or local law allows a
only for: shorter notice period, such shorter pe-
(i) Serious or repeated violation of riod shall apply.
material terms of the lease, such as the (ii) The notice of lease termination
following: to the tenant shall state specific
(A) Failure to make payments due grounds for termination, and shall in-
under the lease; form the tenant of the tenant’s right to
(B) Failure to fulfill household obli- make such reply as the tenant may
gations, as described in paragraph (f) of wish. The notice shall also inform the
this section; tenant of the right (pursuant to
(ii) Other good cause. Other good § 966.4(m)) to examine PHA documents
cause includes, but is not limited to, directly relevant to the termination or
the following: eviction. When the PHA is required to
(A) Criminal activity or alcohol afford the tenant the opportunity for a
abuse as provided in paragraph (1)(5) of grievance hearing, the notice shall also
this section; inform the tenant of the tenant’s right
(B) Discovery after admission of facts to request a hearing in accordance with
that made the tenant ineligible; the PHA’s grievance procedure.
(C) Discovery of material false state- (iii) A notice to vacate which is re-
ments or fraud by the tenant in con- quired by State or local law may be
nection with an application for assist- combined with, or run concurrently
ance or with reexamination of income; with, a notice of lease termination
(D) Failure of a family member to under paragraph (l)(3)(i) of this section.
comply with service requirement provi- (iv) When the PHA is required to af-
sions of part 960, subpart F, of this ford the tenant the opportunity for a
chapter—as grounds only for non-re- hearing under the PHA grievance pro-
newal of the lease and termination of cedure for a grievance concerning the
tenancy at the end of the twelve-month lease termination (see § 966.51(a)(1)),
lease term; and the tenancy shall not terminate (even
(E) Failure to accept the PHA’s offer if any notice to vacate under State or
of a lease revision to an existing lease: local law has expired) until the time
that is on a form adopted by the PHA for the tenant to request a grievance
in accordance with § 966.3; with written hearing has expired, and (if a hearing
notice of the offer of the revision at was timely requested by the tenant)
least 60 calendar days before the lease the grievance process has been com-
revision is scheduled to take effect; and pleted.
with the offer specifying a reasonable (v) When the PHA is not required to
time limit within that period for ac- afford the tenant the opportunity for a
ceptance by the family. hearing under the PHA administrative
(3) Lease termination notice. (i) The grievance procedure for a grievance
PHA must give written notice of lease concerning the lease termination (see
termination of: § 966.51(a)(2)), and the PHA has decided
(A) 14 days in the case of failure to to exclude such grievance from the
pay rent; PHA grievance procedure, the notice of
(B) A reasonable period of time con- lease termination under paragraph
sidering the seriousness of the situa- (l)(3)(i) of this section shall:
tion (but not to exceed 30 days): (A) State that the tenant is not enti-
(1) If the health or safety of other tled to a grievance hearing on the ter-
residents, PHA employees, or persons mination.
residing in the immediate vicinity of (B) Specify the judicial eviction pro-
the premises is threatened; or cedure to be used by the PHA for evic-
(2) If any member of the household tion of the tenant, and state that HUD
has engaged in any drug-related crimi- has determined that this eviction pro-
nal activity or violent criminal activ- cedure provides the opportunity for a
ity; or hearing in court that contains the
(3) If any member of the household basic elements of due process as de-
has been convicted of a felony; fined in HUD regulations.
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§ 966.4 24 CFR Ch. IX (4–1–04 Edition)
(C) State whether the eviction is for mediate vicinity of the premises is
a criminal activity as described in grounds for termination of tenancy.
§ 966.51(a)(2)(i)(A) or for a drug-related (B) Fugitive felon or parole violator.
criminal activity as described in The PHA may terminate the tenancy if
§ 966.51(a)(2)(i)(B). a tenant is fleeing to avoid prosecu-
(4) How tenant is evicted. The PHA tion, or custody or confinement after
may evict the tenant from the unit ei- conviction, for a crime, or attempt to
ther: commit a crime, that is a felony under
(i) By bringing a court action or; the laws of the place from which the
(ii) By bringing an administrative ac- individual flees, or that, in the case of
tion if law of the jurisdiction permits the State of New Jersey, is a high mis-
eviction by administrative action, demeanor; or violating a condition of
after a due process administrative probation or parole imposed under Fed-
hearing, and without a court deter- eral or State law.
mination of the rights and liabilities of (iii) Eviction for criminal activity. (A)
the parties. In order to evict without Evidence. The PHA may evict the ten-
bringing a court action, the PHA must ant by judicial action for criminal ac-
afford the tenant the opportunity for a tivity in accordance with this section
pre-eviction hearing in accordance if the PHA determines that the covered
with the PHA grievance procedure. person has engaged in the criminal ac-
(5) PHA termination of tenancy for tivity, regardless of whether the cov-
criminal activity or alcohol abuse. ered person has been arrested or con-
(i) Evicting drug criminals. (A) Meth- victed for such activity and without
amphetamine conviction. The PHA must satisfying the standard of proof used
immediately terminate the tenancy if for a criminal conviction.
the PHA determines that any member (B) Notice to Post Office. When a PHA
of the household has ever been con- evicts an individual or family for
victed of drug-related criminal activity criminal activity, the PHA must notify
for manufacture or production of meth- the local post office serving the dwell-
amphetamine on the premises of feder- ing unit that the individual or family
ally assisted housing. is no longer residing in the unit.
(B) Drug crime on or off the premises. (iv) Use of criminal record. If the PHA
The lease must provide that drug-re- seeks to terminate the tenancy for
lated criminal activity engaged in on criminal activity as shown by a crimi-
or off the premises by any tenant, nal record, the PHA must notify the
member of the tenant’s household or household of the proposed action to be
guest, and any such activity engaged in based on the information and must pro-
on the premises by any other person vide the subject of the record and the
under the tenant’s control, is grounds tenant with a copy of the criminal
for the PHA to terminate tenancy. In record before a PHA grievance hearing
addition, the lease must provide that a or court trial concerning the termi-
PHA may evict a family when the PHA nation of tenancy or eviction. The ten-
determines that a household member is ant must be given an opportunity to
illegally using a drug or when the PHA dispute the accuracy and relevance of
determines that a pattern of illegal use that record in the grievance hearing or
of a drug interferes with the health, court trial.
safety, or right to peaceful enjoyment (v) Cost of obtaining criminal record.
of the premises by other residents. The PHA may not pass along to the
(ii) Evicting other criminals. (A) Threat tenant the costs of a criminal records
to other residents. The lease must pro- check.
vide that any criminal activity by a (vi) Evicting alcohol abusers. The PHA
covered person that threatens the must establish standards that allow
health, safety, or right to peaceful en- termination of tenancy if the PHA de-
joyment of the premises by other resi- termines that a household member has:
dents (including PHA management (A) Engaged in abuse or pattern of
staff residing on the premises) or abuse of alcohol that threatens the
threatens the health, safety, or right health, safety, or right to peaceful en-
to peaceful enjoyment of their resi- joyment of the premises by other resi-
dences by persons residing in the im- dents; or
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Office of the Assistant Secretary, HUD § 966.4
(B) Furnished false or misleading in- hold member’s current participation
formation concerning illegal drug use, in, or successful completion of, a super-
alcohol abuse, or rehabilitation of ille- vised drug or alcohol rehabilitation
gal drug users or alcohol abusers. program or evidence of otherwise hav-
(vii) PHA action, generally. (A) Assess- ing been rehabilitated successfully.
ment under PHAS. Under the Public (E) Length of period of mandatory pro-
Housing Assessment System (PHAS), hibition on admission. If a statute re-
PHAs that have adopted policies, im- quires that the PHA prohibit admission
plemented procedures and can docu- of persons for a prescribed period of
ment that they appropriately evict any time after some disqualifying behavior
public housing residents who engage in
or event, the PHA may apply that pro-
certain activity detrimental to the
hibition for a longer period of time.
public housing community receive
points. (See 24 CFR 902.43(a)(5).) This (F) Nondiscrimination limitation. The
policy takes into account the impor- PHA’s eviction actions must be con-
tance of eviction of such residents to sistent with fair housing and equal op-
public housing communities and pro- portunity provisions of § 5.105 of this
gram integrity, and the demand for as- title.
sisted housing by families who will ad- (m) Eviction: Right to examine PHA
here to lease responsibilities. documents before hearing or trial. The
(B) Consideration of circumstances. In a PHA shall provide the tenant a reason-
manner consistent with such policies, able opportunity to examine, at the
procedures and practices, the PHA may tenant’s request, before a PHA griev-
consider all circumstances relevant to ance hearing or court trial concerning
a particular case such as the serious- a termination of tenancy or eviction,
ness of the offending action, the extent any documents, including records and
of participation by the leaseholder in regulations, which are in the posses-
the offending action, the effects that sion of the PHA, and which are directly
the eviction would have on family relevant to the termination of tenancy
members not involved in the offending or eviction. The tenant shall be al-
activity and the extent to which the lowed to copy any such document at
leaseholder has shown personal respon-
the tenant’s expense. A notice of lease
sibility and has taken all reasonable
termination pursuant to § 966.4(l) (3)
steps to prevent or mitigate the offend-
shall inform the tenant of the tenant’s
ing action.
(C) Exclusion of culpable household right to examine PHA documents con-
member. The PHA may require a tenant cerning the termination of tenancy or
to exclude a household member in eviction. If the PHA does not make
order to continue to reside in the as- documents available for examination
sisted unit, where that household mem- upon request by the tenant (in accord-
ber has participated in or been culpable ance with this § 966.4(m)), the PHA may
for action or failure to act that war- not proceed with the eviction.
rants termination. (n) Grievance procedures. The lease
(D) Consideration of rehabilitation. In shall provide that all disputes con-
determining whether to terminate ten- cerning the obligations of the tenant or
ancy for illegal drug use or a pattern of the PHA shall (except as provided in
illegal drug use by a household member § 966.51(a)(2)) be resolved in accordance
who is no longer engaging in such use, with the PHA grievance procedures.
or for abuse or a pattern of abuse of al- The grievance procedures shall comply
cohol by a household member who is no with subpart B of this part.
longer engaging in such abuse, the (o) Provision for modifications. The
PHA may consider whether such house- lease shall provide that modification of
hold member is participating in or has the lease must be accomplished by a
successfully completed a supervised
written rider to the lease executed by
drug or alcohol rehabilitation program,
both parties, except for paragraph (c)
or has otherwise been rehabilitated
successfully (42 U.S.C. 13662). For this of this section and § 966.5.
purpose, the PHA may require the ten- (p) Signature clause. The lease shall
ant to submit evidence of the house- provide a signature clause attesting
491
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§ 966.5 24 CFR Ch. IX (4–1–04 Edition)
that the lease has been executed by the (c) Exculpatory clauses. Agreement by
parties. the tenant not to hold the landlord or
landlord’s agent liable for any acts or
[56 FR 51576, Oct. 11, 1991, as amended at 61
FR 13273, Mar. 26, 1996; 65 FR 16730, Mar. 29,
omissions whether intentional or neg-
2000; 66 FR 28802, May 24, 2001; 66 FR 32875, ligent on the part of the landlord or
June 18, 2001; 66 FR 33134, June 20, 2001] the landlord’s authorized representa-
tives or agents.
§ 966.5 Posting of policies, rules and (d) Waiver of legal notice by tenant
regulations. prior to actions for eviction or money
Schedules of special charges for serv- judgments. Agreements by the tenant
ices, repairs and utilities and rules and that the landlord may institute suit
regulations which are required to be in- without any notice to the tenant that
corporated in the lease by reference the suit has been filed, thus preventing
shall be publicly posted in a con- the tenant from defending against the
spicuous manner in the Project Office lawsuit.
and shall be furnished to applicants (e) Waiver of legal proceedings. Au-
and tenants on request. Such sched- thorization to the landlord to evict the
ules, rules and regulations may be tenant or hold or sell the tenant’s pos-
modified from time to time by the PHA sessions whenever the landlord deter-
provided that the PHA shall give at mines that a breach or default has oc-
least 30-day written notice to each af- curred without notice to the tenant or
fected tenant setting forth the pro- any determination by a court of the
posed modification, the reasons there- rights and liabilities of the parties.
for, and providing the tenant an oppor- (f) Waiver of jury trial. Authorization
tunity to present written comments of the landlord’s lawyer to appear in
which shall be taken into consideration court for the tenant and waive the
by the PHA prior to the proposed modi- right to a trial by jury.
fication becoming effective. A copy of (g) Waiver of right to appeal judicial
such notice shall be: error in legal proceeding. Authorization
to the landlord’s lawyer to waive the
(a) Delivered directly or mailed to
right to appeal for judicial error in any
each tenant; or
suit or to waive the right to file a suit
(b) Posted in at least three (3) con- in equity to prevent the execution of a
spicuous places within each structure judgment.
or building in which the affected dwell- (h) Tenant chargeable with cost of legal
ing units are located, as well as in a actions regardless of outcome. Provision
conspicuous place at the project office, that the tenant agrees to pay attor-
if any, of if none, a similar central ney’s fees or other legal costs whenever
business location within the project. the landlord decides to take action
§ 966.6 Prohibited lease provisions. against the tenant even though the
court determines that the tenant pre-
Lease clauses of the nature described vails in the action. Prohibition of this
below shall not be included in new type of provision does not mean that
leases between a PHA and a tenant and the tenant as a party to the lawsuit
shall be deleted from existing leases ei- may not be obligated to pay attorney’s
ther by amendment thereof or execu- fees or other costs if he loses the suit.
tion of a new lease:
(a) Confession of judgment. Prior con- § 966.7 Accommodation of persons
sent by the tenant to any lawsuit the with disabilities.
landlord may bring against him in con- (a) For all aspects of the lease and
nection with the lease and to a judg- grievance procedures, a handicapped
ment in favor of the landlord. person shall be provided reasonable ac-
(b) Distraint for rent or other charges. commodation to the extent necessary
Agreement by the tenant that landlord to provide the handicapped person with
is authorized to take property of the an opportunity to use and occupy the
tenant and hold it as a pledge until the dwelling unit equal to a non-handi-
tenant performs the obligation which capped person.
the landlord has determined the tenant (b) The PHA shall provide a notice to
has failed to perform. each tenant that the tenant may, at
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Office of the Assistant Secretary, HUD § 966.52
any time during the tenancy, request (B) Any violent or drug-related
reasonable accommodation of a handi- criminal activity on or off such prem-
cap of a household member, including ises; or
reasonable accommodation so that the (C) Any criminal activity that re-
tenant can meet lease requirements or sulted in felony conviction of a house-
other requirements of tenancy. hold member.
[56 FR 51579, Oct. 11, 1991] (iii) For guidance of the public, HUD
will publish in the FEDERAL REGISTER a
notice listing the judicial eviction pro-
Subpart B—Grievance Procedures cedures for which HUD has issued a due
and Requirements process determination. HUD will make
available for public inspection and
SOURCE: 40 FR 33406, Aug. 7, 1975, unless copying a copy of the legal analysis on
otherwise noted. Redesignated at 49 FR 6714, which the determinations are based.
Feb. 23, 1984. (iv) If HUD has issued a due process
determination, the PHA may evict the
§ 966.50 Purpose and scope.
occupants of the dwelling unit through
The purpose of this subpart is to set the judicial eviction procedures which
forth the requirements, standards and are the subject of the determination. In
criteria for a grievance procedure to be this case, the PHA is not required to
established and implemented by public provide the opportunity for a hearing
housing agencies (PHAs) to assure that under the PHA’s administrative griev-
a PHA tenant is afforded an oppor- ance procedure.
tunity for a hearing if the tenant dis- (b) The PHA grievance procedure
putes within a reasonable time any shall not be applicable to disputes be-
PHA action or failure to act involving tween tenants not involving the PHA
the tenant’s lease with the PHA or or to class grievances. The grievance
PHA regulations which adversely affect procedure is not intended as a forum
the individual tenant’s rights, duties, for initiating or negotiating policy
welfare or status. changes between a group or groups of
[56 FR 51579, Oct. 11, 1991] tenants and the PHA’s Board of Com-
missioners.
§ 966.51 Applicablity. [40 FR 33406, Aug. 7, 1975. Redesignated at 49
(a)(1) The PHA grievance procedure FR 6714, Feb. 23, 1984, and amended at 56 FR
shall be applicable (except as provided 51579, Oct. 11, 1991; 61 FR 13273, Mar. 26, 1996;
in paragraph (a)(2) of this section) to 66 FR 28804, May 24, 2001]
all individual grievances as defined in
§ 966.52 Requirements.
§ 966.53 of this subpart between the ten-
ant and the PHA. (a) Each PHA shall adopt a grievance
(2)(i) The term due process determina- procedure affording each tenant an op-
tion means a determination by HUD portunity for a hearing on a grievance
that law of the jurisdiction requires as defined in § 966.53 in accordance with
that the tenant must be given the op- the requirements, standards, and cri-
portunity for a hearing in court which teria contained in this subpart.
provides the basic elements of due (b) The PHA grievance procedure
process (as defined in § 966.53(c)) before shall be included in, or incorporated by
eviction from the dwelling unit. If HUD reference in, all tenant dwelling leases
has issued a due process determination, pursuant to subpart A of this part.
a PHA may exclude from the PHA ad- (c) The PHA shall provide at least 30
ministrative grievance procedure under days notice to tenants and resident or-
this subpart any grievance concerning ganizations setting forth proposed
a termination of tenancy or eviction changes in the PHA grievance proce-
that involves: dure, and providing an opportunity to
(A) Any criminal activity that present written comments. Subject to
threatens the health, safety or right to requirements of this subpart, com-
peaceful enjoyment of the premises of ments submitted shall be considered by
other residents or employees of the the PHA before adoption of any griev-
PHA; ance procedure changes by the PHA.
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§ 966.53 24 CFR Ch. IX (4–1–04 Edition)
(d) The PHA shall furnish a copy of (g) Resident organization includes a
the grievance procedure to each tenant resident management corporation.
and to resident organizations.
[40 FR 33406, Aug. 7, 1975. Redesignated at 49
[56 FR 51579, Oct. 11, 1991] FR 6714, Feb. 23, 1984, and amended at 56 FR
51579, Oct. 11, 1991]
§ 966.53 Definitions.
§ 966.54 Informal settlement of griev-
For the purpose of this subpart, the ance.
following definitions are applicable:
Any grievance shall be personally
(a) Grievance shall mean any dispute
presented, either orally or in writing,
which a tenant may have with respect to the PHA office or to the office of the
to PHA action or failure to act in ac- project in which the complainant re-
cordance with the individual tenant’s sides so that the grievance may be dis-
lease or PHA regulations which ad- cussed informally and settled without
versely affect the individual tenant’s a hearing. A summary of such discus-
rights, duties, welfare or status. sion shall be prepared within a reason-
(b) Complainant shall mean any ten- able time and one copy shall be given
ant whose grievance is presented to the to the tenant and one retained in the
PHA or at the project management of- PHA’s tenant file. The summary shall
fice in accordance with §§ 966.54 and specify the names of the participants,
966.55(a). dates of meeting, the nature of the pro-
(c) Elements of due process shall mean posed disposition of the complaint and
an eviction action or a termination of the specific reasons therefor, and shall
tenancy in a State or local court in specify the procedures by which a hear-
which the following procedural safe- ing under § 966.55 may be obtained if
guards are required: the complainant is not satisfied.
(1) Adequate notice to the tenant of
the grounds for terminating the ten- § 966.55 Procedures to obtain a hear-
ing.
ancy and for eviction;
(2) Right of the tenant to be rep- (a) Request for hearing. The complain-
resented by counsel; ant shall submit a written request for
(3) Opportunity for the tenant to re- a hearing to the PHA or the project of-
fute the evidence presented by the PHA fice within a reasonable time after re-
including the right to confront and ceipt of the summary of discussion pur-
suant to § 966.54. For a grievance under
cross-examine witnesses and to present
the expedited grievance procedure pur-
any affirmative legal or equitable de-
suant to § 966.55(g) (for which § 966.54 is
fense which the tenant may have;
not applicable), the complainant shall
(4) A decision on the merits. submit such request at such time as is
(d) Hearing officer shall mean a person specified by the PHA for a grievance
selected in accordance with § 966.55 of under the expedited grievance proce-
this subpart to hear grievances and dure. The written request shall specify:
render a decision with respect thereto. (1) The reasons for the grievance; and
(e) Hearing panel shall mean a panel (2) The action or relief sought.
selected in accordance with § 966.55 of (b) Selection of Hearing Officer or Hear-
this subpart to hear grievances and ing Panel. (1) A grievance hearing shall
render a decision with respect thereto. be conducted by an impartial person or
(f) Tenant shall mean the adult per- persons appointed by the PHA, other
son (or persons) (other than a live-in than a person who made or approved
aide): the PHA action under review or a sub-
(1) Who resides in the unit, and who ordinate of such person.
executed the lease with the PHA as les- (2) The method or methods for PHA
see of the dwelling unit, or, if no such appointment of a hearing officer or
person now resides in the unit, hearing panel shall be stated in the
(2) Who resides in the unit, and who PHA grievance procedure. The PHA
is the remaining head of household of may use either of the following meth-
the tenant family residing in the dwell- ods to appoint a hearing officer or
ing unit. panel:
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Office of the Assistant Secretary, HUD § 966.56
(i) A method approved by the major- quired by § 5.630 of this title (financial
ity of tenants (in any building, group hardship exemption from minimum
of buildings or project, or group of rent requirements) or § 5.615 of this
projects to which the method is appli- title (effect of welfare benefits reduc-
cable) voting in an election or meeting tion in calculation of family income).
of tenants held for the purpose. Unless the PHA waives the require-
(ii) Appointment of a person or per- ment, the family’s failure to make the
sons (who may be an officer or em- escrow deposit will terminate the
ployee of the PHA) selected in the grievance procedure. A family’s failure
manner required under the PHA griev- to pay the escrow deposit does not
ance procedure. waive the family’s right to contest in
(3) The PHA shall consult the resi- any appropriate judicial proceeding the
dent organizations before PHA appoint- PHA’s disposition of the grievance.
ment of each hearing officer or panel (f) Scheduling of hearings. Upon com-
member. Any comments or rec- plainant’s compliance with paragraphs
ommendations submitted by the tenant (a), (d) and (e) of this section, a hearing
organizations shall be considered by shall be scheduled by the hearing offi-
the PHA before the appointment. cer or hearing panel promptly for a
(c) Failure to request a hearing. If the time and place reasonably convenient
complainant does not request a hearing to both the complainant and the PHA.
in accordance with this paragraph, A written notification specifying the
then the PHA’s disposition of the time, place and the procedures gov-
grievance under § 966.54 shall become erning the hearing shall be delivered to
final: Provided, That failure to request the complainant and the appropriate
a hearing shall not constitute a waiver PHA official.
by the complainant of his right there- (g) Expedited grievance procedure. (1)
after to contest the PHA’s action in The PHA may establish an expedited
disposing of the complaint in an appro- grievance procedure for any grievance
priate judicial proceeding. concerning a termination of tenancy or
(d) Hearing prerequisite. All grievances eviction that involves:
shall be personally presented either (i) Any criminal activity that threat-
orally or in writing pursuant to the in- ens the health, safety, or right to
formal procedure prescribed in § 966.54 peaceful enjoyment of the PHA’s public
as a condition precedent to a hearing housing premises by other residents or
under this section: Provided, That if the employees of the PHA, or
complainant shall show good cause (ii) Any drug-related criminal activ-
why he failed to proceed in accordance ity on or near such premises.
with § 966.54 to the hearing officer or
(2) In the case of a grievance under
hearing panel, the provisions of this
the expedited grievance procedure,
subsection may be waived by the hear-
§ 966.54 (informal settlement of griev-
ing officer or hearing panel.
ances) is not applicable.
(e) Escrow deposit. (1) Before a hear-
ing is scheduled in any grievance in- (3) Subject to the requirements of
volving the amount of rent (as defined this subpart, the PHA may adopt spe-
in § 966.4(b)) that the PHA claims is cial procedures concerning a hearing
due, the family must pay an escrow de- under the expedited grievance proce-
posit to the PHA. When a family is re- dure, including provisions for expedited
quired to make an escrow deposit, the notice or scheduling, or provisions for
amount is the amount of rent the PHA expedited decision on the grievance.
states is due and payable as of the first [40 FR 33406, Aug. 7, 1975, as amended at 42
of the month preceding the month in FR 5573, Jan. 28, 1977. Redesignated at 49 FR
which the family’s act or failure to act 6714, Feb. 23, 1984, and amended at 56 FR
took place. After the first deposit, the 51579, Oct. 11, 1991; 65 FR 16731, Mar. 29, 2000]
family must deposit the same amount
monthly until the family’s complaint § 966.56 Procedures governing the
is resolved by decision of the hearing hearing.
officer or hearing panel. (a) The hearing shall be held before a
(2) A PHA must waive the require- hearing officer or hearing panel, as ap-
ment for an escrow deposit where re- propriate.
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§ 966.57 24 CFR Ch. IX (4–1–04 Edition)
(b) The complainant shall be afforded (e) At the hearing, the complainant
a fair hearing, which shall include: must first make a showing of an enti-
(1) The opportunity to examine be- tlement to the relief sought and there-
fore the grievance hearing any PHA after the PHA must sustain the burden
documents, including records and regu- of justifying the PHA action or failure
lations, that are directly relevant to to act against which the complaint is
the hearing. (For a grievance hearing directed.
concerning a termination of tenancy or (f) The hearing shall be conducted in-
eviction, see also § 966.4(m).) The ten- formally by the hearing officer or hear-
ant shall be allowed to copy any such ing panel and oral or documentary evi-
document at the tenant’s expense. If dence pertinent to the facts and issues
the PHA does not make the document raised by the complaint may be re-
available for examination upon request ceived without regard to admissibility
by the complainant, the PHA may not under the rules of evidence applicable
rely on such document at the grievance to judicial proceedings. The hearing of-
hearing. ficer or hearing panel shall require the
(2) The right to be represented by PHA, the complainant, counsel and
counsel or other person chosen as the other participants or spectators to con-
tenant’s representative, and to have duct themselves in an orderly fashion.
such person make statements on the Failure to comply with the directions
tenant’s behalf; of the hearing officer or hearing panel
(3) The right to a private hearing un- to obtain order may result in exclusion
less the complainant requests a public from the proceedings or in a decision
hearing; adverse to the interests of the dis-
(4) The right to present evidence and orderly party and granting or denial of
arguments in support of the tenant’s the relief sought, as appropriate.
complaint, to controvert evidence re- (g) The complainant or the PHA may
lied on by the PHA or project manage- arrange, in advance and at the expense
ment, and to confront and cross-exam- of the party making the arrangement,
ine all witnesses upon whose testimony for a transcript of the hearing. Any in-
or information the PHA or project terested party may purchase a copy of
management relies; and such transcript.
(5) A decision based solely and exclu- (h) Accommodation of persons with dis-
sively upon the facts presented at the abilities. (1) The PHA must provide rea-
hearing. sonable accommodation for persons
(c) The hearing officer or hearing with disabilities to participate in the
panel may render a decision without hearing. Reasonable accommodation
may include qualified sign language in-
proceeding with the hearing if the
terpreters, readers, accessible loca-
hearing officer or hearing panel deter-
tions, or attendants.
mines that the issue has been pre-
viously decided in another proceeding. (2) If the tenant is visually impaired,
any notice to the tenant which is re-
(d) If the complainant or the PHA
quired under this subpart must be in an
fails to appear at a scheduled hearing,
accessible format.
the hearing officer or hearing panel
may make a determination to postpone [40 FR 33406, Aug. 7, 1975. Redesignated at 49
the hearing for not to exceed five busi- FR 6714, Feb. 23, 1984, and amended at 56 FR
ness days or may make a determina- 51580, Oct. 11, 1991]
tion that the party has waived his
right to a hearing. Both the complain- § 966.57 Decision of the hearing officer
ant and the PHA shall be notified of or hearing panel.
the determination by the hearing offi- (a) The hearing officer or hearing
cer or hearing panel: Provided, That a panel shall prepare a written decision,
determination that the complainant together with the reasons therefor,
has waived his right to a hearing shall within a reasonable time after the
not constitute a waiver of any right hearing. A copy of the decision shall be
the complainant may have to contest sent to the complainant and the PHA.
the PHA’s disposition of the grievance The PHA shall retain a copy of the de-
in an appropriate judicial proceeding. cision in the tenant’s folder. A copy of
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Office of the Assistant Secretary, HUD § 968.101
such decision, with all names and iden- 968.125 Initiation of modernization activi-
tifying references deleted, shall also be ties.
maintained on file by the PHA and 968.130 Fund requisitions.
968.135 Contracting requirements.
made available for inspection by a pro- 968.140 On-site inspections.
spective complainant, his representa- 968.145 Fiscal closeout.
tive, or the hearing panel or hearing of-
ficer. Subpart B—Comprehensive Improvement
(b) The decision of the hearing officer Assistance Program (For PHAs That
or hearing panel shall be binding on Own or Operate Fewer Than 250 Units)
the PHA which shall take all actions,
968.205 Definitions.
or refrain from any actions, necessary 968.210 Procedures for obtaining approval of
to carry out the decision unless the a modernization program.
PHA Board of Commissioners deter- 968.215 Resident and homebuyer participa-
mines within a reasonable time, and tion.
promptly notifies the complainant of 968.225 Budget revisions.
its determination, that 968.230 Progress reports.
(1) The grievance does not concern 968.235 Time extensions.
968.240 HUD review of PHA performance.
PHA action or failure to act in accord-
ance with or involving the complain- Subpart C—Comprehensive Grant Pro-
ant’s lease on PHA regulations, which gram (for PHAs That Own or Operate
adversely affect the complainant’s 250 or More Public Housing Units)
rights, duties, welfare or status;
(2) The decision of the hearing officer 968.305 Definitions.
or hearing panel is contrary to applica- 968.310 Determination of formula amount.
968.315 Comprehensive Plan (including five-
ble Federal, State or local law, HUD
year action plan).
regulations or requirements of the an- 968.320 HUD review and approval of com-
nual contributions contract between prehensive plan (including five-year ac-
HUD and the PHA. tion plan).
(c) A decision by the hearing officer, 968.325 Annual submission of activities and
hearing panel, or Board of Commis- expenditures.
sioners in favor of the PHA or which 968.330 PHA performance and evaluation re-
denies the relief requested by the com- port.
968.335 HUD review of PHA performance.
plainant in whole or in part shall not
constitute a waiver of, nor affect in Subpart D—Vacancy Reduction Program
any manner whatever, any rights the
complainant may have to a trial de Sec.
novo or judicial review in any judicial 968.416 Fund requisitions.
968.419 Grantee’s oversight responsibilities.
proceedings, which may thereafter be
968.422 Progress reports and completion
brought in the matter. schedule.
968.425 HUD review of grantee performance.
PART 968—PUBLIC HOUSING 968.428 Program closeout.
MODERNIZATION 968.435 Other program requirements.
AUTHORITY: 42 U.S.C. 1437d, 1437l, and
Subpart A—General 3535(d).
SOURCE: 54 FR 52689, Dec. 21, 1989, unless
Sec.
otherwise noted.
968.101 Purpose and applicability.
968.102 Special requirements for Turnkey III
developments. Subpart A—General
968.103 Allocation of funds under section 14.
968.104 Reserve for emergencies and disas- § 968.101 Purpose and applicability.
ters. (a) Purpose. The purpose of this part
968.105 Definitions. is to set forth the policies and proce-
968.108 Displacement, relocation, and real
property acquisition.
dures for the Modernization program
968.110 Other program requirements. authorizing HUD to provide financial
968.112 Eligible costs. assistance to Public Housing Agencies
968.115 Modernization and energy conserva- (PHAs).
tion standards. (b) Applicability. (1) Subpart A of this
968.120 Force account. part applies to all modernization under
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