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Office of the Assistant Secretary, HUD § 966.4
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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§ 966.4 24 CFR Ch. IX (4–1–05 Edition)
(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.
486
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Office of the Assistant Secretary, HUD § 966.4
(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
487
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§ 966.4 24 CFR Ch. IX (4–1–05 Edition)
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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Office of the Assistant Secretary, HUD § 966.4
(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.
489
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§ 966.4 24 CFR Ch. IX (4–1–05 Edition)
(2) Grounds for termination of tenancy. (3) If any member of the household
The PHA may terminate the tenancy has been convicted of a felony;
only for: (C) 30 days in any other case, except
(i) Serious or repeated violation of that if a State or local law allows a
material terms of the lease, such as the shorter notice period, such shorter pe-
following: riod shall apply.
(A) Failure to make payments due (ii) The notice of lease termination
under the lease; to the tenant shall state specific
(B) Failure to fulfill household obli- grounds for termination, and shall in-
gations, as described in paragraph (f) of form the tenant of the tenant’s right to
this section; make such reply as the tenant may
(ii) Being over the income limit for wish. The notice shall also inform the
the program, as provided in 24 CFR tenant of the right (pursuant to
960.261. § 966.4(m)) to examine PHA documents
(iii) Other good cause. Other good directly relevant to the termination or
cause includes, but is not limited to, eviction. When the PHA is required to
the following: afford the tenant the opportunity for a
(A) Criminal activity or alcohol grievance hearing, the notice shall also
abuse as provided in paragraph (1)(5) of inform the tenant of the tenant’s right
this section; to request a hearing in accordance with
(B) Discovery after admission of facts the PHA’s grievance procedure.
that made the tenant ineligible;
(iii) A notice to vacate which is re-
(C) Discovery of material false state-
quired by State or local law may be
ments or fraud by the tenant in con-
combined with, or run concurrently
nection with an application for assist-
with, a notice of lease termination
ance or with reexamination of income;
under paragraph (l)(3)(i) of this section.
(D) Failure of a family member to
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
490
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Office of the Assistant Secretary, HUD § 966.4
basic elements of due process as de- to peaceful enjoyment of their resi-
fined in HUD regulations. dences by persons residing in the im-
(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-
amphetamine on the premises of feder- the local post office serving the dwell-
ally assisted housing. ing unit that the individual or family
(B) Drug crime on or off the premises. is no longer residing in the unit.
The lease must provide that drug-re- (iv) Use of criminal record. If the PHA
lated criminal activity engaged in on seeks to terminate the tenancy for
or off the premises by any tenant, criminal activity as shown by a crimi-
member of the tenant’s household or nal record, the PHA must notify the
guest, and any such activity engaged in household of the proposed action to be
on the premises by any other person based on the information and must pro-
under the tenant’s control, is grounds vide the subject of the record and the
for the PHA to terminate tenancy. In tenant with a copy of the criminal
addition, the lease must provide that a record before a PHA grievance hearing
PHA may evict a family when the PHA or court trial concerning the termi-
determines that a household member is nation of tenancy or eviction. The ten-
illegally using a drug or when the PHA ant must be given an opportunity to
determines that a pattern of illegal use dispute the accuracy and relevance of
of a drug interferes with the health, that record in the grievance hearing or
safety, or right to peaceful enjoyment court trial.
of the premises by other residents. (v) Cost of obtaining criminal record.
(ii) Evicting other criminals. (A) Threat The PHA may not pass along to the
to other residents. The lease must pro- tenant the costs of a criminal records
vide that any criminal activity by a check.
covered person that threatens the (vi) Evicting alcohol abusers. The PHA
health, safety, or right to peaceful en- must establish standards that allow
joyment of the premises by other resi- termination of tenancy if the PHA de-
dents (including PHA management termines that a household member has:
staff residing on the premises) or (A) Engaged in abuse or pattern of
threatens the health, safety, or right abuse of alcohol that threatens the
491
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§ 966.4 24 CFR Ch. IX (4–1–05 Edition)
health, safety, or right to peaceful en- successfully (42 U.S.C. 13662). For this
joyment of the premises by other resi- purpose, the PHA may require the ten-
dents; or ant to submit evidence of the house-
(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 (F) Nondiscrimination limitation. The
points. (See 24 CFR 902.43(a)(5).) This PHA’s eviction actions must be con-
policy takes into account the impor- sistent with fair housing and equal op-
tance of eviction of such residents to portunity provisions of § 5.105 of this
public housing communities and pro- title.
gram integrity, and the demand for as- (m) Eviction: Right to examine PHA
sisted housing by families who will ad- documents before hearing or trial. The
here to lease responsibilities. PHA shall provide the tenant a reason-
(B) Consideration of circumstances. In a able opportunity to examine, at the
manner consistent with such policies, tenant’s request, before a PHA griev-
procedures and practices, the PHA may ance hearing or court trial concerning
consider all circumstances relevant to a termination of tenancy or eviction,
a particular case such as the serious- any documents, including records and
ness of the offending action, the extent regulations, which are in the posses-
of participation by the leaseholder in sion of the PHA, and which are directly
the offending action, the effects that relevant to the termination of tenancy
the eviction would have on family or eviction. The tenant shall be al-
members not involved in the offending lowed to copy any such document at
activity and the extent to which the the tenant’s expense. A notice of lease
leaseholder has shown personal respon- termination pursuant to § 966.4(l) (3)
sibility and has taken all reasonable shall inform the tenant of the tenant’s
steps to prevent or mitigate the offend- right to examine PHA documents con-
ing action. cerning the termination of tenancy or
(C) Exclusion of culpable household eviction. If the PHA does not make
member. The PHA may require a tenant documents available for examination
to exclude a household member in upon request by the tenant (in accord-
order to continue to reside in the as- ance with this § 966.4(m)), the PHA may
sisted unit, where that household mem- not proceed with the eviction.
ber has participated in or been culpable (n) Grievance procedures. The lease
for action or failure to act that war- shall provide that all disputes con-
rants termination. cerning the obligations of the tenant or
(D) Consideration of rehabilitation. In the PHA shall (except as provided in
determining whether to terminate ten- § 966.51(a)(2)) be resolved in accordance
ancy for illegal drug use or a pattern of with the PHA grievance procedures.
illegal drug use by a household member The grievance procedures shall comply
who is no longer engaging in such use, with subpart B of this part.
or for abuse or a pattern of abuse of al- (o) Provision for modifications. The
cohol by a household member who is no lease shall provide that modification of
longer engaging in such abuse, the the lease must be accomplished by a
PHA may consider whether such house- written rider to the lease executed by
hold member is participating in or has both parties, except for paragraph (c)
successfully completed a supervised of this section and § 966.5.
drug or alcohol rehabilitation program, (p) Signature clause. The lease shall
or has otherwise been rehabilitated provide a signature clause attesting
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Office of the Assistant Secretary, HUD § 966.7
that the lease has been executed by the (c) Exculpatory clauses. Agreement by
parties. the tenant not to hold the landlord or
[56 FR 51576, Oct. 11, 1991, as amended at 61
landlord’s agent liable for any acts or
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; 69 FR the landlord’s authorized representa-
68791, Nov. 26, 2004] tives or agents.
(d) Waiver of legal notice by tenant
§ 966.5 Posting of policies, rules and prior to actions for eviction or money
regulations. judgments. Agreements by the tenant
Schedules of special charges for serv- that the landlord may institute suit
ices, repairs and utilities and rules and without any notice to the tenant that
regulations which are required to be in- the suit has been filed, thus preventing
corporated in the lease by reference the tenant from defending against the
shall be publicly posted in a con- lawsuit.
spicuous manner in the Project Office (e) Waiver of legal proceedings. Au-
and shall be furnished to applicants thorization to the landlord to evict the
and tenants on request. Such sched- tenant or hold or sell the tenant’s pos-
ules, rules and regulations may be sessions whenever the landlord deter-
modified from time to time by the PHA mines that a breach or default has oc-
provided that the PHA shall give at curred without notice to the tenant or
least 30-day written notice to each af- any determination by a court of the
fected tenant setting forth the pro- rights and liabilities of the parties.
posed modification, the reasons there- (f) Waiver of jury trial. Authorization
for, and providing the tenant an oppor- of the landlord’s lawyer to appear in
tunity to present written comments court for the tenant and waive the
which shall be taken into consideration right to a trial by jury.
by the PHA prior to the proposed modi- (g) Waiver of right to appeal judicial
fication becoming effective. A copy of error in legal proceeding. Authorization
such notice shall be: 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
against the tenant even though the
§ 966.6 Prohibited lease provisions. 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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