Exhibit 7-4: Sample Annual Recertification Third Reminder Notice/Notice of Termination
8-1 Introduction
HUD Handbook 4350.3 REV-1 — Occupancy Requirements of Subsidized Multifamily Housing Programs · 2026 edition · updated 2026-07-29 · United States
A. Chapter 8 addresses terminating housing assistance and terminating tenancy. Under program regulations and leases, termination of assistance occurs when a tenant is no longer eligible for subsidy or to enforce HUD program requirements. It results in the loss of subsidy to the tenant. Tenants whose assistance is terminated may remain in the unit, but they must pay the market rent, full contract rent, or 110% of BMIR rent. Owners are authorized to terminate assistance only in limited circumstances and after following required procedures to ensure that tenants have received proper notice and an opportunity to respond.
B. Termination of tenancy is the first step in the eviction process and is often used interchangeably with the term eviction . When terminating tenancy, the owner gives the tenant notice to vacate the unit because of a lease violation(s). A tenant who fails to vacate the unit after receiving notice from the owner may face judicial action initiated by the owner to evict the tenant. The owner may only terminate tenancy in limited circumstances as prescribed by HUD regulations and the lease and must follow HUD and state/local procedures.
C. Owners are expected to enforce program requirements under the terms of the lease. Similarly, HUD expects tenants to comply with the program requirements as established in the lease. HUD encourages owners to work with tenants and utilize other corrective actions, such as repayment agreements or negotiated settlements, to resolve program/lease issues. Terminations represent only one of the tools available to owners for lease enforcement. Owners and tenants are advised that HUD termination policies and procedures must be followed when initiating a termination, including proper notices and documentation. Owners are also advised that terminations for reasons other than those permitted by HUD are prohibited.
D. The chapter is organized into the following four sections:
Section 1: Termination of Assistance outlines key requirements and procedures regarding when and how a tenant’s assistance must be terminated.
Section 2: Termination of Tenancy by Lessees discusses the tenant’s responsibilities when the tenant wishes to terminate tenancy.
Section 3: Termination of Tenancy by Owners outlines allowable circumstances for terminating tenancy and the requirements and procedures that owners must follow to terminate a tenant’s residency.
Section 4: Discrepancies, Errors, and Fraud describe the circumstances when owners must investigate discrepancies and provides guidelines on how to distinguish tenant errors from fraud. It also identifies how to take action (e.g., documenting fraud and reimbursing HUD or the tenant).
HUD Occupancy Handbook Chapter 8: Termination
6/07
8-1
4350.3 REV-1
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- HUD Handbook 4350.3: Occupancy Requirements of Subsidized Mult…
- Exhibit 3-12: Section 8, RAP, and Rent Supplement Programs – S…
- Exhibit 3-13: Section 236 Without Additional Assistance – Spec…
- Exhibit 3-14: Section 236 With Benefit of Additional Assistanc…
- Document Package for Applicant's/Tenant's Consent to the Relea…
- Exhibit 7-2: Sample Annual Recertification First Reminder Notice
-
▸ Exhibit 7-4: Sample Annual Recertification Third Reminder Noti…
Overview- Exhibit 7-5: Sample Recertification Interview and Verification…
- Dear Tenant:
- Exhibit 7-7: Sample Interim Adjustment Initial Notice
- Exhibit 7-8: Sample Interim Adjustment Termination of Assistance
- CHAPTER 8. TERMINATION
- 8-1 Introduction
- 8-2 Key Terms
- Section 1: Termination of Assistance
- 8-3 Key Regulations
- Applicability
- 8-5 Key Requirements: When Assistance Must Be Terminated
- 8-6 Procedures for Terminating or Reinstating Assistance
- B. Reinstating Assistance
- 8-7 Termination of Assistance Related to Establishing Citizens…
- C. Termination of Assistance When Unable to Establish Citizens…
- D. Termination of Assistance When a Tenant Allows an Ineligibl…
- Section 2: Termination of Tenancy by Lessees
- 8-8 Key Regulations
- 8-9 Key Requirements
- 8-10 Allowable Use of Security Deposits
- Section 3: Termination of Tenancy by Owners
- 8-11 Key Regulations
- 8-12 Overview
- 8-13 Material Noncompliance with the Lease
- Figure 8-3: Tenant Errors versus Fraud
- 4. Repeated minor violations that:
- Example – Minor Violations
- 5. Nonpayment of rent due under the lease .
- B. Procedures for Terminating Tenancy and Providing Notice
- 4. Manner of service for all other Section 8 programs.
- 8-14 Drug Abuse and Other Criminal Activity
- B. Factors to Consider When Terminating Tenancy for Drug Abuse…
- Procedures for Accessing Criminal Records
- D. Procedures for Terminating Tenancy and Providing Notice
- A. Key Requirements
- Example – Material Failure to Carry Out Obligations under a St…
- B. Procedures for Terminating Tenancy and Providing Notice
- 8-16 Other Good Cause
- Example – Other Good Cause
- Procedures for Terminating Tenancy and Providing Notice
- Section 4: Discrepancies, Errors, and Fraud
- 8-17 Key Regulations
- A. Overview
- Program Violations
- Investigating and Discovering the Facts
- Notifying and Meeting with the Tenant
- Determining the Outcome of the Investigation
- Example – Unintentional Program Violation
- A. Overview
- Criminal Violation (Fraud)
- C. Documenting Fraud
- Taking Action to Address Fraud
- A. Requirements Regarding Discrepancies Reported in the EIV Sy…
- Nondisclosure of Income Information
- Opportunity to Contest
- A. Tenant’s Obligation to Repay
- 8-22 Tenant Repayment Options
- 8-23 Repayment Agreements
- 8-24 Reimbursement to Tenant for Overpayment of Rent
- 8-25 Reimbursement for Errors Discovered During a Monitoring R…
- CHAPTER 9. ENTERPRISE INCOME VERIFICATION (EIV)
- 9-1 Introduction
- 9-2 Key Terms
- Section 1: Enterprise Income Verification (EIV) System
- Key Regulations
- 9-4 Introduction to the EIV System
- 9-5 Mandatory Use of the EIV System
- Section 2: EIV Source Data
- 9-6 EIV Data
- Section 3: EIV Reports
- 9-7 Key Regulations
- 9-8 Using EIV Reports
- 9-9 Documentation to Demonstrate Owners Compliance with Use of…
- 9-10 Independent Third Party Verification
- 9-11 EIV Income Reports
- A. Summary Report
- 5. New Admissions
- 6. Applicants
- C. Income Discrepancy Report
- analysis.)
- 3. Discrepancy Examples. Example 1: Valid discrepancy
- Example 2: Valid discrepancy
- Example 3: Invalid discrepancy
- D. Other EIV Income Reports
- New Hires Report
- 9-12 EIV Verification Reports
- A. Existing Tenant Search
- C. Identity Verification Report
- 1. Failed EIV Pre-Screening Report
- 2. Failed Verification Report (Failed the SSA Identity Test)
- D. Deceased Tenant Report
- E. New Hires Report
- A. Unreported or Underreported Income
- Over-reported income
- 9-14 Retention of EIV Reports
- 9-15 Requesting Verification of Information from SSA
- 9-16 EIV Income Incorrect or Does Not Belong to the Tenant
- National Credit Reporting Agencies Contact Information
- Section 4: Security of EIV Data
- 9-17 Disclosure of EIV Data
- C.
- 9-18 EIV Rules of Behavior (ROB)
- NOTE: HUD staff will check the “CA” box at the bottom of the f…
- Section 5: Penalties for Failure to Have Access to or Failure …
- 9-19 Penalties for Failure to Have Access To and/or Failure to…
- 9-20 Security Training
- 9-21 Safeguarding EIV Data
- Administrative Safeguards
- Physical Safeguards
- Section 6: EIV Resources
- 9-22 Resource Materials
- Chapter 9 Exhibits
- Exhibit 9-3: EIV Income Report Information
- SAMPLE TENANT CONSENT TO DISCLOSE EIV INCOME INFORMATION
- Applying the Model Lease for Subsidized Programs to Individual…
- Applying the Model Leases for Section 202 PRAC and Section 811…
- Sample Move-In/Move-Out Inspection Form
- Memorandum February 5, 2002: Fact Sheets for Project-Based Ass…