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HUD Housing Programs: Tenants’ Rights (The Green Book): 8.6.1 Consolidated Plan

The regulations governing the Consolidated Plan (ConPlan) require each state and local government to submit a certification that it is affirmatively furthering fair housing.139 The ConPlan may contain helpful information with respect to other issues in the PHA Plan, such as information about the number of accessible units in the jurisdiction and the need for low-income units targeted to extremely low-income families and/or the racial composition of various neighborhoods. The link between the ConPlan and the PHA Plan is statutory.

HUD Housing Programs: Tenants’ Rights (The Green Book): 8.6.2 State and Local Government Analysis of Impediments to Fair Housing Choice/Assessment of Fair Housing

As part of their Consolidated Plan process, state and local governments receiving Community Development Block Grant (CDBG), HOME Investment Partnerships, Housing Opportunities for Persons with AIDS (HOPWA), and/or Emergency Solutions Grants (ESG) funds have been required to conduct an analysis of impediments to fair housing choice (AI), take appropriate actions to overcome the effects of impediments identified through the analysis, and maintain records reflecting the analysis and actions.141 The federal Affirmatively Furthering Fair Housing

HUD Housing Programs: Tenants’ Rights (The Green Book): 8.6.3 Comprehensive Housing Affordability Strategy

The Comprehensive Housing Affordability Strategy (CHAS) is a component of the Consolidated Plan144 and is required by the National Affordability Housing Act of 1991.145 Among other elements, CHAS describes the jurisdiction’s estimated housing needs for various groups, including low-income individuals, the homeless, the elderly, the disabled and survivors of domestic violence; the current housing market of the jurisdiction; private and non-federal public resources expected to be available to

HUD Housing Programs: Tenants’ Rights (The Green Book): 8.6.4 PHA’s Analysis of Impediments/Assessment of Fair Housing

Along with state and local governments, PHAs are obligated to conduct their own analysis of impediments to fair housing choice (AI).147 PHAs must certify to the fact that they examined their programs, identified any impediments to fair housing choice within those programs, are working to address those impediments, and that they are partnering with local jurisdictions to implement policies that will affirmatively further fair housing.148 The federal Affirmatively Furthering Fair Housing (AFFH

HUD Housing Programs: Tenants’ Rights (The Green Book): 8.6.5 Plan for Designating Public Housing for Elderly and Disabled

A PHA may designate a public housing development or a portion thereof to serve only families headed by the elderly, disabled or by a mix of families headed by elderly or disabled individuals.152 To designate the development or a portion thereof for elderly and/or disabled families, a PHA is required to develop a plan that must be reviewed by the Resident Advisory Board (RAB) and the PHA Board of Commissioners.153 The public may comment upon a Designated Housing Plan and HUD will consider tho

HUD Housing Programs: Tenants’ Rights (The Green Book): 8.6.6 Community Service Requirement Policy

The Quality Housing and Work Responsibility Act of 1998 requires that all non-exempt public housing adult residents (18 or older) contribute 8 hours per month of community service or participate in 8 hours of training, counseling, classes and other activities that help an individual toward self-sufficiency and economic independence.160 The PHA must have a policy indicating how it will meet these requirements.

HUD Housing Programs: Tenants’ Rights (The Green Book): 8.6.7 Family Self-Sufficiency Plan

The Family Self Sufficiency (FSS) program is designed “to enable eligible families to achieve economic independence and self-sufficiency.”164 A PHA may adopt a FSS program for voucher and/or public housing tenants. Tenants electing to participate in FSS enter into an agreement with the PHA for case management services and an escrow account is established for the family, which is funded in an amount equal to the increased rent that the tenant pays as earned income increases.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.1 Introduction

This chapter addresses the rights of tenants who face eviction from federally supported housing or termination of Housing Choice Vouchers.1 The first section covers the substantive laws in the various programs that protect tenants from eviction without good cause, followed by general principles that govern their application. The chapter then reviews how these rules and principles have been applied to various typical situations, including nonpayment of rent, breach of lease and criminal conduct.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.1 Overview

The most important right for tenants facing eviction is that they cannot be evicted without “good cause.” That right is well-established for almost every HUD-subsidized rental housing program, with the exception of Tenant-Based Voucher tenants at lease expiration.4 This section reviews the requirements for each of the federal rental programs and general principles governing good cause.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.2.1 Overview

The statutory and regulatory language governing a tenant’s particular subsidy program provides the starting point for defining what does and does not constitute good cause. The Companion Website contains a more detailed history of the good cause requirement, including the development of the variations in the general doctrine and each program’s variations. The current statutes and regulations for each program are presented below.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.2.2 Public Housing

The most important right created by the public housing program is the tenant’s right to a decent home at an affordable price. For those families who have secured public housing, the law guarantees them a right not to have that home taken away without good cause and without notice and an opportunity to be heard.6 The primary statutes and regulations securing this right include 42 U.S.C. § 1437d and 24 C.F.R. Part 966, respectively.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.2.3 HUD-Subsidized Properties, Including Certain Project-Based Section 8 Properties

This section reviews the good cause protections for tenants in HUD-subsidized projects, including those receiving subsidies under Section 221(d)(3) BMIR, Section 236 and Section 202 programs, as well as those receiving assistance under Rent Supplement and several (but not all) of the Project-Based Section 8 programs.27 These programs are all covered by HUD’s primary set of implementing regulations on evictions at 24 C.F.R. Part 247.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.3.3 Consequences of Eviction

A tenant who is evicted from subsidized housing suffers all the same disruptions, both financial and personal, that flow from the loss of any home. But for a subsidized tenant, eviction often means the loss of the only housing he or she can afford. For those subsidized tenants who are able to lease new housing after an eviction, seldom will the new housing be decent, safe and sanitary, as many evicted households are forced into the substandard housing market. Others may move in with friends or relatives, or simply become homeless.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.3.4 Landlord Abuses of Power

Many courts have also set aside eviction decisions found to invade specific constitutional rights or abuse governmental power to the extent of denying due process or equal protection.

Some of the strongest cases have been those which held that a subsidized landlord could not evict a tenant in retaliation against the tenant’s exercise of First Amendment rights, such as organizing or the reporting a landlord’s conduct to authorities.194

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.4.1.1 Overview

The unexcused and unjustified, chronic non-payment of rent is well-established as good cause for eviction from federally supported housing. HUD regulations for most programs specifically cite failure to make payments due under the lease as sufficient grounds to terminate a tenancy.200 Numerous court decisions have upheld evictions for non-payment.201