Figure 6-6 : Reasonable versus Unreasonable House Rules — HUD Handbook 4350.3 REV-1 — Occupancy Requirements of Subsidized Multifamily Housing Programs

Reasonable House Rules	Unreasonable House Rules
Requesting that all visitors sign in when entering the building.	Not allowing a visitor in a tenant’s apartment during nighttime.
Not allowing smoking in the common areas of the building.
Asking tenants to turn sound equipment low after a certain time at night.	Asking tenants to turn the lights off after a certain time at night.
Asking all children under the age of 12 to be accompanied by an adult resident when using building facilities.	Asking all children under the age of 12 to be accompanied by an adult resident at all times in the building.

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NOTE: There are no statutory or regulatory provisions governing smoking in assisted housing. HUD assisted properties are required to comply with applicable state and local laws, which would include any laws governing smoking in residential units. Owners are free to adopt reasonable rules that must be related to the safety and habitability of the building and comfort of the tenants. Owners should make their own informed judgment as to the enforceability of house rules.

Extended absence or abandonment. As part of a property’s house rules, owners may establish rules specifying when tenants give up their right to occupancy because of their extended absence or abandonment of the unit. Under these rules, owners may initiate action to terminate tenancy in response to an extended absence or abandonment of the unit by the tenant or individual listed on the lease for that unit.

NOTE: Abandonment is distinguished from an absence from the unit by the tenant’s failure to pay the rent due for the unit and failure to acknowledge or respond to notices from the owner regarding the overdue rent.

a. Owner discretion. The decision to establish rules regarding extended absence or abandonment of a unit as part of a property’s house rules rests solely with the owner.
b. Requirements and guidelines. If owners elect to establish such rules, they must be consistent with the requirements and guidelines listed below:
- (1) Rules regarding extended absence and abandonment must be consistent with state and local law.
- (2) Guidelines for rules regarding extended absence from a unit. Owners may establish a house rule defining extended absence as the tenant being absent from the unit for longer than 60 continuous days, or for longer than 180 continuous days for medical reasons. Owners may allow exceptions for extenuating circumstances.
- (3) Guidelines for abandonment of a unit. If abandonment of a rental unit is not addressed by state or local law, owners may establish a rule for declaring a unit abandoned. Rules regarding abandonment must be consistent with state and local law regarding nonpayment of rent, specify the actions that the owner will take to contact the tenant, and describe the handling and disposition or any tenant possessions left in the unit.

f a unit. If abandonment of a rental unit is not addressed by state or local law, owners may establish a rule for declaring a unit abandoned. Rules regarding abandonment must be consistent with state and local law regarding nonpayment of rent, specify the actions that the owner will take to contact the tenant, and describe the handling and disposition or any tenant possessions left in the unit.

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Tenants conducting incidental business in their unit

Owners may establish house rules covering tenants who conduct incidental business, such as computer work, limited babysitting, etc., in their unit. The rules would deal with or prohibit such things as the:

a. Amount of traffic (both foot and motor vehicle) associated with such incidental business income;
b. Amount of noise associated with such incidental income;
c.
- Prohibition of signs in unit windows;
d. Use of parking within the project grounds for such incidental business use;
e. Hours such as incidental work could be performed if such performance could disturb the rights or comfort of the neighbors; and
f. Other such reasonable rules.

NOTE: Tenants who conduct incidental business in their unit and receive incidental business income are not in violation of paragraph 13, General Restrictions, of the Model Lease for Subsidized Programs.

House rules are listed in the lease as an attachment and must be attached to the lease.
Owners must give tenants written notice 30 days prior to implementing new house rules.
If HUD or Contract Administrator staff becomes aware (through routine monitoring, site inspections, tenant complaints, etc.) that house rules circumvent or conflict with HUD requirements (including civil rights and Fair Housing), the owner will be required to modify the rules in order to conform with HUD requirements.