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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

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.6 Low-Income Housing Tax Credits

Tenant protections in LIHTC projects are governed by federal statute.1068 Revenue rulings and procedures issued by the IRS also apply.1069 These rules provide some guidance on the substantive, rather than procedural, requirements for tenant evictions from LIHTC projects. There is no federally required pre-judicial administrative review or grievance process, nor does the LIHTC program prescribe the content of the notice, the notice period, or the manner of service.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.7.2 HOPWA-Funded Housing

The HOPWA regulations state that in terminating assistance, HOPWA grantees must provide formal procedures that comply with due process.1076 This process must, at a minimum, consist of giving the participant (1) written notice containing a clear statement of the reasons for the termination, (2) an opportunity for review of the decision, in which the participant may confront opposing witnesses, present written objections, and be represented by counsel, before a person other than the individual (or a subordinate of that person) who made or app

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.7.3 Shelter Plus Care and Other Supportive Housing

Shelter Plus Care recipients may terminate assistance to participants who violate program requirements or conditions of occupancy.1081 The landlord must, however, “exercise judgment and examine all extenuating circumstances” to ensure that assistance is “terminated only in the most severe cases.” Participants must be given (1) written notice of the reasons for the termination, (2) an opportunity to appeal the decision to a person other than the person or a subordinate of the person who made or approved the termination, and (3) prompt writte

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.9 Self-Help Evictions Prohibited

Most states prohibit landlords from resorting to any form of self-help and require the use of a judicial process to evict tenants.1098 Federal regulations also prohibit self-help evictions by landlords in almost all federally supported programs.1099 When self-help eviction arises in the context of destruction of the unit, whether or not the tenant is at fault, additional considerations come into play.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.10.5 Trial

Because state courts must apply federal law pertaining to subsidized housing evictions, the issue of good cause for eviction will be tried in the state court action.1117 Under state law, the landlord will not be entitled to a judgment for possession unless it can show both that it has validly terminated the tenancy and that the tenant has breached the lease or has other good cause to evict.1118

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.10.6 Appeals

State law will govern whether and how a tenant against whom a judgment for possession is entered may seek review of the judgment, and also seek or obtain a stay of the judgment’s execution pending review. Note, however, that an eviction suit is not rendered moot simply because the tenant may have vacated or been physically displaced from the premises before the appeal is decided.1130

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.3.12 Enforcement

The primary means of ensuring compliance with HUD’s eviction requirements is to seek dismissal of eviction actions when a PHA or landlord violates federal law. The landlord must prove compliance with the procedural requirements of the federal regulations as well as good cause for the eviction, and the failure to do so should result in dismissal. A tenant whose eviction is reversed on appeal may be able to obtain damages.1144

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.4.1 Overview

A PHA may decide to terminate a tenant’s Housing Choice Voucher for various reasons, which often include alleged wrongdoing on the part of the family. Such terminations can be challenged on both substantive and procedural grounds, as PHAs must comply with HUD’s regulations regarding the valid grounds and required procedures for terminating Voucher participation.1156

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.4.2.1 Overview

HUD’s regulations specify the grounds for terminating Vouchers for either action or inaction by the participant family.1157 A PHA may terminate assistance for other reasons, such as an owner’s failure to maintain the premises or the lack of sufficient funding, but HUD generally does not provide the participant a right to any review process in these cases.1158 Termination for not securing housing within the search period is not addressed in the regulations, but in some instances, there may be