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PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERSTerminating Tenancy

§ 5.859 When am I specifically authorized to evict other criminals?

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) Threat to other residents. The lease must provide that the owner may terminate tenancy for any of the following types of criminal activity by a covered person:

(1) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or

(2) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises.

(b) Fugitive felon or parole violator. The lease must provide that you may terminate the tenancy during the term of the lease if a tenant is:

(1) Fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or

(2) Violating a condition of probation or parole imposed under Federal or State law.

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Contents — 24 C.F.R. Part 5 — General HUD Program Requirements (definitions of income, annual/adjusted income, rent; HOTMA-era text)
24 C.F.R. Part 5 — General HUD Program Requirements (definitions of income, annual/adjusted income, rent; HOTMA-era text)
  1. 24 C.F.R. Part 5 — General HUD Program Requirements (definitio…
  2. PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
    Overview
    1. Subpart A—Generally Applicable Definitions and Requirements; W…
    2. Affirmatively Furthering Fair Housing
    3. Subpart B—Disclosure and Verification of Social Security Numbe…
    4. Disclosure and Verification of Social Security Numbers and Emp…
    5. Procedures for Obtaining Income Information About Applicants a…
    6. Subpart C—Pet Ownership for the Elderly or Persons With Disabi…
    7. General Requirements
    8. Pet Ownership Requirements for Housing Programs
    9. Pet Ownership Requirements for Public Housing Programs
    10. Subpart D—Definitions for Section 8 and Public Housing Assista…
    11. Subpart E—Restrictions on Assistance to Noncitizens
    12. Subpart F—Section 8 and Public Housing, and Other HUD Assisted…
    13. Family Income
    14. Family Payment
    15. Section 8 Project-Based Assistance: Occupancy Requirements
    16. Subpart G—Physical Inspection of Real Estate
    17. Subpart H—Uniform Financial Reporting Standards
    18. Subpart I—Preventing Crime in Federally Assisted Housing—Denyi…
    19. General
    20. Denying Admissions
    21. Terminating Tenancy
    22. Subpart J—Access to Criminal Records and Information
    23. Subpart K—Application, Registration, and Submission Requirements
    24. Subpart L—Protection for Victims of Domestic Violence, Dating …
    25. Subpart M—Core Based Statistical Areas

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