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HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.4.6.12 Consideration of Circumstances

When deciding whether to terminate a tenancy, the PHA or the landlord may consider all relevant circumstances, including the seriousness of the offending action, the extent of participation by the leaseholder in the offending action, the effects that the eviction would have on family members not involved in the offending activity, and the extent to which the leaseholder has shown responsibility and has taken all reasonable steps to prevent or mitigate the offending action.810 Courts have overturned evictions when landlords failed to conside

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.4.6.15 Bankruptcy

Bankruptcy can assist subsidized tenants who owe substantial back rent.831 For example, in one case, a Section 8 participant filed bankruptcy to avoid eviction, then successfully appealed the termination of her Section 8 certificate in an adversary proceeding against the PHA.832 For bankruptcy to stay eviction proceedings in these cases, some courts have required the eviction to be based solely on the tenant’s failure to pay rent,833 whereas

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.1 Overview

Tenants facing eviction from federally assisted housing have numerous federal procedural rights,844 including: (1) the right to adequate notice of the grounds for the eviction and the procedures that the landlord must follow and (2) an opportunity to be heard, including, in some cases, a right to be heard in an administrative forum before judicial eviction proceedings are commenced.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.2.1 Overview

The public housing statute854 and HUD regulations855 define the procedural protections for tenants facing eviction from conventional public housing (owned by PHAs) and Section 23 leased housing (where the PHA owns or leases the building and then subleases the apartments to tenants).856 The regulations do not apply to housing subsidized under the Section 8 program or the HUD-subsidized housing programs, such as Section 221(d)(3), Section 236 a

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.2.2 Notice Requirements

To evict a tenant from public housing, the PHA must first serve the tenant with a notice of lease termination864 that strictly complies with federal requirements concerning content, notice period, and service.865 Unless state law provides an opportunity to cure a lease violation prior to eviction, a PHA is not required to give the tenant such an opportunity before filing an eviction suit.866 Further, a notice to vacate mandated by state or lo

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.2.3.1 Overview

In most circumstances, the public housing statute913 and HUD regulations914 entitle public housing tenants915 threatened with eviction to a pre-eviction grievance process. This process includes the right to: (1) an informal conference;916 (2) a summary of that conference; (3) a grievance hearing, if timely requested; and (4) a written decision following the hearing.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.2.3.2 The “Criminal Activity” Exception to Public Housing Grievance Rights

A PHA has discretion to exclude certain criminal activity evictions from its grievance procedure, either entirely or by implementing an expedited procedure.924 Advocates should consider a number of defenses in such cases.

First, a PHA must follow its grievance policy.925 If the PHA’s own policy does not exclude criminal activity evictions from the grievance process then the tenant may have a grievance hearing.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.2.3.3 Grievance Rights of Remaining Family Members

Remaining family members who face eviction after the head of the household and any other signatories on the lease have died or moved out are usually entitled to contest eviction through grievance hearings.937 All individuals defined as “tenants” under the HUD regulations have the right to file grievances, including an adult person “[w]ho resides in the unit, and who is the remaining head of household.”938 Limiting the definition to adults leaves remaining minors without a guarantee

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.2.3.4 Grievance Rights of Those Displaced by Fire or Natural Disaster

Questions arise when tenants have been forced out of their homes by forces such as a fire or flood and the PHA refuses to allow the tenant to move back in or to give the tenant a grievance hearing. Courts have consistently held that a tenant cannot be deprived of the right to occupy his apartment, even though he may have been temporarily forced out, unless the PHA has good cause to terminate the tenancy and has provided notice and an opportunity to be heard.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.3.1 Overview

The procedural requirements for evictions from HUD-subsidized and assisted multifamily programs are found in regulations, HUD Handbook 4350.3, and HUD’s model lease for subsidized programs. The eviction requirements in Handbook 4350.3 and the model lease apply uniformly across the programs, though there are some distinctions among programs in the regulations. Accordingly, advocates should consult the Handbook, the model lease, and the specific regulations that apply to the program in which the tenant participates.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.3.2.2 Notice Requirements

To evict a tenant from a HUD-subsidized multifamily project, the landlord must serve the tenant with a termination notice that complies with federal law, HUD Handbook 4350.3, HUD’s model lease, and, where applicable, state law requirements concerning content, notice period and service.965 Additionally, where the owner alleges “other good cause,” this notice must be preceded by a written warning that notifies the tenant the conduct will constitute a basis for eviction in the future.966 Absent

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.3.2.3 Informal Meeting

A notice to terminate a HUD-subsidized multifamily tenancy must advise the tenant she has 10 days within which to discuss the termination with the owner.995 While this provision does not entitle the tenant to a hearing, such as the public housing grievance procedure allows for, it does provide an opportunity to talk with management and potentially cure a lease violation. The meeting also provides the an opportunity for informal discovery.996