Evictions & Lease Renewals in Federally Housing

Evictions and Lease Renewals in Federally-Subsidized Housing (24 CFR, Part 247)

RENT INCREASES AND OTHER CHANGES IN THE LEASE

Evictions and the renewal or non-renewal of leases in federally subsidized multi-family dwellings are governed by regulations issued by the federal Department of Housing and Urban Development (HUD) and by certain local tenant-landlord laws.

Lists of covered housing units ("subsidized projects") in Baltimore City and each county in Maryland except Montgomery and Prince George's are available from the HUD Maryland State Office, 10 S. Howard Street, 5th floor, Baltimore, MD 21201; telephone (410) 962-2520.

If you need assistance with your Section 8 housing concerns, you may contact the Housing Preservation Program (HPP) at the Maryland Legal Aid Bureau. The HPP aims to preserver affordable housing for low-income people by educating tenants and negotiating with property managers.

Following is a summary of the HUD regulations:

DEFINITIONS

Landlord means the owner of the property, the managing agent, or their representative.

Eviction means putting tenant out of the leased unit, whether at the end of or before the end of the rental term.

Subsidized Project means a multi-family housing project (with exception of a project owned by a cooperative housing mortgagor corporation or association) which receives a subsidy in the form of: below-market interest rates pursuant to Section 221(d)(3) and (5); interest reduction payments pursuant to Section 236 of the National Housing Act, or rent supplement payments under Section 101 of the HUD Act of 1965; direct loans under Section 202 of the Housing Act of 1959; or payments under certain Section 8 programs.

TENANT’S RIGHT TO OCCUPANCY

The landlord may not terminate a tenancy in a HUD subsidized project except for one of the following reasons:

"material non-compliance with the rental agreement", defined as:

one or more substantial violations, such as non-payment of rent or other financial obligation due under the rental agreement, beyond any grace period permitted by state or local law; or failure to supply required information about income and composition of the tenant's household; or

repeated "minor violations" of the rental agreement which disrupt the livability of the project; adversely affect the health or safety of any person, adversely affect any tenant's right to quiet enjoyment of the leased premises and related project facilities; interfere with the management of the project; or have an adverse financial effect on the project.

Tenant commits a "minor violation" if he pays rent or other financial obligations due under the rental agreement after the due date but within the grace period permitted under state or local law.

material failure to carry out obligations under a state or local landlord-tenant law

A termination is not valid if it is based on a law or lease provision that permits termination without good cause.

other good cause

NOTICE OF TERMINATION

Landlord must give tenant written notice of termination of the lease. The notice must include the date of termination; the reason for the termination, with enough detail so that the tenant may prepare a defense; and if termination is due to failure to pay rent, the notice must include the dollar amount of the balance due and the date the computation was made; and advice to tenant that if tenant remains past the termination date, the landlord may seek to enforce the termination only through court action, and that if judicial proceedings are instituted, tenant may present a defense.

The notice must be sent to tenant by first class mail, properly stamped and addressed to tenant at his address at the project, and with proper return address. A second copy must be delivered in person to any adult answering at the door of tenant’s unit. If no adult answers the door, the notice must be left under the door or attached to the door.

When termination is based on "material non-compliance" with the rental agreement or failure to carry out obligations under state or local landlord-tenant law, then the time of notice must comply with the rental agreement and the law

When termination is based on "other good cause", the termination will occur only at the end of a rental term and in accordance with the rental agreement, and in no case may tenant have less than 30 days' notice. In addition, for "other good cause" termination, tenant must have received a prior notice stating that his specific conduct, if continued, would constitute a basis for termination. That prior notice must be served on tenant in the same way as the notice of termination.

Tenant's failure to object to the termination notice does not constitute a waiver of his right to contest the termination in a subsequent judicial proceeding.

EVICTIONS

Landlord may seek to evict tenant only by complying with these regulations and with state and local laws governing eviction procedures.

State or local law may give to the tenant procedural rights beyond those provided in these regulations, except where the state or local law has been preempted by federal law.

RENT INCREASES AND OTHER CHANGES IN THE LEASE

The landlord may change the terms and conditions of the rental agreement, provided he has received approval from HUD to do so. Tenant must be notified of any changes in the lease in the same way that he would be notified of termination of the tenancy, including at least 60 days’ notice in Baltimore City and at least 30 days’ notice in the rest of the state.

EXEMPTIONS

These provisions do not apply where tenant's occupancy is terminated because HUD, or the landlord with HUD's consent, has decided to substantially rehabilitate or demolish the project, or sell the project to a purchaser for substantial rehabilitation or demolition.

Last date of legal review 5/01(BNI)

Source: Baltimore Neighborhoods Inc.