PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS›General
§ 5.851 What authority do I have to screen applicants and to evict tenants?
24 C.F.R. Part 5 — General HUD Program Requirements (definitions of income, annual/adjusted income, rent; HOTMA-era text) · 2026 edition · updated 2026-07-29 · United States
(a) Screening applicants. You are authorized to screen applicants for the programs covered by this part. The provisions of this subpart implement statutory directives that either require or permit you to take action to deny admission to applicants under certain circumstances in accordance with established standards, as described in this subpart. The provisions of this subpart do not constrain your authority to screen out applicants who you determined are unsuitable under your standards for admission.
(b) Terminating tenancy. You are authorized to terminate tenancy of tenants, in accordance with your leases and landlord-tenant law for the programs covered by this part. The provisions of this subpart implement statutory directives that either require or permit you to terminate tenancy under certain circumstances, as provided in 42 U.S.C. 1437f, 1437n, and 13662, in accordance with established standards, as described in this subpart. You retain authority to terminate tenancy on any basis that is otherwise authorized.
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- 24 C.F.R. Part 5 — General HUD Program Requirements (definitio…
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▸ PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
Overview- Subpart A—Generally Applicable Definitions and Requirements; W…
- Affirmatively Furthering Fair Housing
- Subpart B—Disclosure and Verification of Social Security Numbe…
- Disclosure and Verification of Social Security Numbers and Emp…
- Procedures for Obtaining Income Information About Applicants a…
- Subpart C—Pet Ownership for the Elderly or Persons With Disabi…
- General Requirements
- Pet Ownership Requirements for Housing Programs
- Pet Ownership Requirements for Public Housing Programs
- Subpart D—Definitions for Section 8 and Public Housing Assista…
- Subpart E—Restrictions on Assistance to Noncitizens
- Subpart F—Section 8 and Public Housing, and Other HUD Assisted…
- Family Income
- Family Payment
- Section 8 Project-Based Assistance: Occupancy Requirements
- Subpart G—Physical Inspection of Real Estate
- Subpart H—Uniform Financial Reporting Standards
- Subpart I—Preventing Crime in Federally Assisted Housing—Denyi…
- Denying Admissions
- Terminating Tenancy
- Subpart J—Access to Criminal Records and Information
- Subpart K—Application, Registration, and Submission Requirements
- Subpart L—Protection for Victims of Domestic Violence, Dating …
- Subpart M—Core Based Statistical Areas