8-6 Procedures for Terminating or Reinstating Assistance

To avoid the potential for discrimination, it is important for owners to ensure that the requirements and procedures described below are applied consistently to all tenants.

• A. Terminating Assistance

  1. When terminating a tenant’s assistance, the owner increases the tenant’s rent to market rent (or contract rent) and, where applicable, makes the assistance available to another tenant.

  2. When terminating assistance, an owner must provide proper notice to the tenant of the increase in the tenant’s rent.

REMINDER: When provided to a tenant with a disability, this notice must be in a form accessible to the tenant (e.g., in Braille or audio form for a tenant with a vision impairment).

3. Written notice should include:

   • a. The specific date the assistance will terminate;

   • b. The reason(s) for terminating assistance;

   • c. The amount of rent the tenant will be required to pay;

   • d. Notification that if the tenant fails to pay the increased rent, the owner may terminate tenancy and seek to enforce the termination in court; and

   • e. The tenant has a right to request, within 10 calendar days from the date of the notice, a meeting with the owner to discuss the proposed termination of assistance.

4. The notice should be served by:

   • a. Sending a letter by first class mail, properly stamped and addressed and including a return address, to the tenant at the unit address; and

   • b. Delivering a copy of the notice to any adult person answering the door at the unit. If no adult answers the door, the person serving the notice may place it under or through the door, or affix it to the door.

5. The date on which the notice is deemed received by the tenant is the later of:

   • a. The date the first class letter is mailed; or

   • b. The date the notice is properly given.

HUD Occupancy Handbook Chapter 8: Termination

6/07

8-5

Section 1: Termination of Assistance

4350.3 REV-1

6. Service of the notice is deemed effective once the notice has been both mailed and hand delivered.