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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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Contents — HUD Handbook 4350.3 REV-1 — Occupancy Requirements of Subsidized Multifamily Housing Programs
HUD Handbook 4350.3 REV-1 — Occupancy Requirements of Subsidized Multifamily Housing Programs
  1. HUD Handbook 4350.3: Occupancy Requirements of Subsidized Mult…
  2. Exhibit 3-12: Section 8, RAP, and Rent Supplement Programs – S…
  3. Exhibit 3-13: Section 236 Without Additional Assistance – Spec…
  4. Exhibit 3-14: Section 236 With Benefit of Additional Assistanc…
  5. Document Package for Applicant's/Tenant's Consent to the Relea…
  6. Exhibit 7-2: Sample Annual Recertification First Reminder Notice
  7. Exhibit 7-4: Sample Annual Recertification Third Reminder Noti…
    Overview
    1. Exhibit 7-5: Sample Recertification Interview and Verification…
    2. Dear Tenant:
    3. Exhibit 7-7: Sample Interim Adjustment Initial Notice
    4. Exhibit 7-8: Sample Interim Adjustment Termination of Assistance
    5. CHAPTER 8. TERMINATION
    6. 8-1 Introduction
    7. 8-2 Key Terms
    8. Section 1: Termination of Assistance
    9. 8-3 Key Regulations
    10. Applicability
    11. 8-5 Key Requirements: When Assistance Must Be Terminated
    12. 8-6 Procedures for Terminating or Reinstating Assistance
    13. B. Reinstating Assistance
    14. 8-7 Termination of Assistance Related to Establishing Citizens…
    15. C. Termination of Assistance When Unable to Establish Citizens…
    16. D. Termination of Assistance When a Tenant Allows an Ineligibl…
    17. Section 2: Termination of Tenancy by Lessees
    18. 8-8 Key Regulations
    19. 8-9 Key Requirements
    20. 8-10 Allowable Use of Security Deposits
    21. Section 3: Termination of Tenancy by Owners
    22. 8-11 Key Regulations
    23. 8-12 Overview
    24. 8-13 Material Noncompliance with the Lease
    25. Figure 8-3: Tenant Errors versus Fraud
    26. 4. Repeated minor violations that:
    27. Example – Minor Violations
    28. 5. Nonpayment of rent due under the lease .
    29. B. Procedures for Terminating Tenancy and Providing Notice
    30. 4. Manner of service for all other Section 8 programs.
    31. 8-14 Drug Abuse and Other Criminal Activity
    32. B. Factors to Consider When Terminating Tenancy for Drug Abuse…
    33. Procedures for Accessing Criminal Records
    34. D. Procedures for Terminating Tenancy and Providing Notice
    35. A. Key Requirements
    36. Example – Material Failure to Carry Out Obligations under a St…
    37. B. Procedures for Terminating Tenancy and Providing Notice
    38. 8-16 Other Good Cause
    39. Example – Other Good Cause
    40. Procedures for Terminating Tenancy and Providing Notice
    41. Section 4: Discrepancies, Errors, and Fraud
    42. 8-17 Key Regulations
    43. A. Overview
    44. Program Violations
    45. Investigating and Discovering the Facts
    46. Notifying and Meeting with the Tenant
    47. Determining the Outcome of the Investigation
    48. Example – Unintentional Program Violation
    49. A. Overview
    50. Criminal Violation (Fraud)
    51. C. Documenting Fraud
    52. Taking Action to Address Fraud
    53. A. Requirements Regarding Discrepancies Reported in the EIV Sy…
    54. Nondisclosure of Income Information
    55. Opportunity to Contest
    56. A. Tenant’s Obligation to Repay
    57. 8-22 Tenant Repayment Options
    58. 8-23 Repayment Agreements
    59. 8-24 Reimbursement to Tenant for Overpayment of Rent
    60. 8-25 Reimbursement for Errors Discovered During a Monitoring R…
    61. CHAPTER 9. ENTERPRISE INCOME VERIFICATION (EIV)
    62. 9-1 Introduction
    63. 9-2 Key Terms
    64. Section 1: Enterprise Income Verification (EIV) System
    65. Key Regulations
    66. 9-4 Introduction to the EIV System
    67. 9-5 Mandatory Use of the EIV System
    68. Section 2: EIV Source Data
    69. 9-6 EIV Data
    70. Section 3: EIV Reports
    71. 9-7 Key Regulations
    72. 9-8 Using EIV Reports
    73. 9-9 Documentation to Demonstrate Owners Compliance with Use of…
    74. 9-10 Independent Third Party Verification
    75. 9-11 EIV Income Reports
    76. A. Summary Report
    77. 5. New Admissions
    78. 6. Applicants
    79. C. Income Discrepancy Report
    80. analysis.)
    81. 3. Discrepancy Examples. Example 1: Valid discrepancy
    82. Example 2: Valid discrepancy
    83. Example 3: Invalid discrepancy
    84. D. Other EIV Income Reports
    85. New Hires Report
    86. 9-12 EIV Verification Reports
    87. A. Existing Tenant Search
    88. C. Identity Verification Report
    89. 1. Failed EIV Pre-Screening Report
    90. 2. Failed Verification Report (Failed the SSA Identity Test)
    91. D. Deceased Tenant Report
    92. E. New Hires Report
    93. A. Unreported or Underreported Income
    94. Over-reported income
    95. 9-14 Retention of EIV Reports
    96. 9-15 Requesting Verification of Information from SSA
    97. 9-16 EIV Income Incorrect or Does Not Belong to the Tenant
    98. National Credit Reporting Agencies Contact Information
    99. Section 4: Security of EIV Data
    100. 9-17 Disclosure of EIV Data
    101. C.
    102. 9-18 EIV Rules of Behavior (ROB)
    103. NOTE: HUD staff will check the “CA” box at the bottom of the f…
    104. Section 5: Penalties for Failure to Have Access to or Failure …
    105. 9-19 Penalties for Failure to Have Access To and/or Failure to…
    106. 9-20 Security Training
    107. 9-21 Safeguarding EIV Data
    108. Administrative Safeguards
    109. Physical Safeguards
    110. Section 6: EIV Resources
    111. 9-22 Resource Materials
    112. Chapter 9 Exhibits
    113. Exhibit 9-3: EIV Income Report Information
  8. SAMPLE TENANT CONSENT TO DISCLOSE EIV INCOME INFORMATION
  9. Applying the Model Lease for Subsidized Programs to Individual…
  10. Applying the Model Leases for Section 202 PRAC and Section 811…
  11. Sample Move-In/Move-Out Inspection Form
  12. Memorandum February 5, 2002: Fact Sheets for Project-Based Ass…

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