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HUD Housing Programs: Tenants’ Rights (The Green Book): 11.4.2.10 Absence from Unit

An “absence” occurs when no family member resides in the unit.1303 A family may not be absent from the assisted unit for more than 180 consecutive days, and PHAs may establish policies regarding shorter absences.1304 Being absent for longer than the permitted period is a basis for termination.1305 HUD rules also require a family to promptly notify the PHA of any absence and provide information about the reasons for the absence; failure to do

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.4.2.11 Over-Income Tenants

Under the rules and the HAP contract, a tenant’s housing assistance payments will stop when: (1) 30% of the family’s adjusted income equals or exceeds the payment standard; or (2) the family share equals or exceeds the gross rent.1313 Payments may resume if the family’s income, composition, or other relevant circumstances change during the term of the HAP contract.1314 If no assistance payments are made for 180 days, the HAP contract automatically terminates.

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.3.1 Overview

Lease clauses that restrict a tenant’s ability to keep animals may run afoul of federal statutes and regulations regarding pet ownership, as well as fair housing laws requiring reasonable accommodations for people with disabilities. For a more in-depth discussion of reasonable accommodations for persons experiencing disabilities, see infra § 13.3.

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.3.4 Additional Pet Issues

State and local jurisdictions may also have laws governing pets,122 that apply. While certain federal regulatory definitions and procedures apply in all cases, PHAs and subsidized owners may not adopt pet rules that conflict with state and local laws that provide greater tenant protections.123 On the other hand, federal rules prescribing greater tenant protections should preempt contrary state laws.124

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.4.2 Public Housing

In 2016, HUD finalized regulations (Non-Smoking Rule) that require housing authorities to adopt policies prohibiting the use of “prohibited tobacco products” within any indoor areas of public housing properties—including individual units and common areas—and in PHA administrative offices.138 The Non-Smoking Rule defines “prohibited tobacco products” to include products such as “cigarettes, cigars, and pipes,” as well as waterpipes and hookahs.139 The required ban does not extend to “electron

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.6 Landlord Access to Tenants’ Residences

Sometimes, the PHA or owner demands access to a tenant’s unit for ostensibly legitimate reasons, but on insufficient notice or for questionable reasons, or may enter the unit with no notice at all. Lease language may govern such landlord access issues, by, for example, limiting the purposes of such entry or specifying how much advance notice is required. Federal regulations, HUD model lease provisions, constitutional law, federal and state statutes, and common law may further limit PHA or owner access.

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.8 Unreasonable or Illegal Lease Clauses

PHAs and subsidized owners sometimes seek to impose unreasonable terms, either as house rules (which are incorporated into tenants’ leases by reference) or as lease terms.214 Congress has prohibited “unreasonable” terms or conditions for both public housing215 and most privately owned subsidized properties.216 But even if lease terms or house rules approved by HUD violate tenants’ statutory or constitutional rights, tenants may still be unabl

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.2.9 Leases in Languages Other than English

Many federally subsidized housing applicants are limited English proficient (LEP), meaning that they communicate primarily (or exclusively) in languages other than English. Federally assisted housing providers have an obligation under Title VI of the Civil Rights Act of 1964 and under Executive Order 13166 to provide meaningful language access,257 including the translation of certain important (“vital”) documents.

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.5.1 HUD’s Model Lease

Owners of multifamily properties subsidized or assisted by HUD are generally required to use one of four form model leases included as appendices to the HUD Multifamily Occupancy Handbook.400 Of these leases, the Model Lease for Subsidized Programs, commonly referred to as the “family model lease,” is the most relevant for the purposes of this manual.401 The family model lease must be used for tenants paying less than the market rent, full contract rent, or 110 percent of the BMIR rent for t

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.5.2 Occupancy Agreements for HUD-Subsidized or Assisted Cooperatives

HUD treats cooperatives differently than its subsidized multifamily rental housing projects. Cooperatives may be treated differently under state law as well.439 For cooperatives, HUD has issued a model form occupancy agreement,440 which every cooperative member must execute.441 Apparently, no changes can be made in the form occupancy agreement without HUD approval.442

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.6.1 Introduction

HUD regulates leases under the Section 8 Housing Choice Voucher and Moderate Rehabilitation programs in a slightly different fashion than under the other public or subsidized housing programs. In these programs, landlords may generally develop their own leases, provided they accept a HUD-developed lease addendum.

HUD Housing Programs: Tenants’ Rights (The Green Book): 3.6.2 Housing Choice Voucher Leases

For Voucher leases, HUD requires only that the leases be in writing, contain certain minimal information, and include the required tenancy addendum.453 No further approval by the PHA is required, and the PHA’s role in reviewing the lease, if any, is limited to determining compliance with state and local law.454 At least for the Voucher program, HUD rules do not specifically enumerate the eight prohibited lease clauses.455