B. Procedures for Terminating Tenancy and Providing Notice

The following procedures are the minimum standards required by HUD. Most state and/or local laws are more restrictive than HUD’s minimum requirements; therefore, an owner should be aware of state and local laws governing terminations.

1. Basis for termination.

To terminate tenancy, an owner must establish that the basis for the termination is consistent with:

• a. HUD-required lease provisions;

• b. Allowable lease provisions set forth in the lease for the unit occupied by the tenant; and

• c. Applicable state and local laws.

2. Termination notice.

   • a. If the owner proposes to terminate a lease, the owner must give the tenant written notice of the proposed termination.

   • b. For tenants with a disability, the notice must be provided in a form accessible to the tenant (e.g., in Braille or audio form for a tenant with a vision impairment).

   • c. When an owner terminates tenancy, written notice must be provided to the tenant and must:

     • (1) State the specific date the tenancy will be terminated;

     • (2) State the reasons for the action with enough detail to enable the tenant to prepare a defense;

     • (3) Advise the tenant that remaining in the unit on the termination date specified in the notice may result in the owner seeking to enforce the termination in court, at which time the tenant may present a defense;

     • (4) Advise the tenant that he/she has 10 days within which to discuss termination of tenancy with the owner. The 10-day period begins on the day that the notice is deemed effective (see subparagraph B.3 below);

     • (5) Advise that persons with disabilities have the right to request reasonable accommodations to participate in the hearing process (see Chapter 2, Subsection 4 for information on Reasonable Accommodation)

HUD Occupancy Handbook Chapter 8: Termination

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Section 3: Termination of Tenancy by Owners

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  - (6) Be served on the tenant as described under subparagraph B.3.c below. 

• d. When terminating tenancy for material noncompliance, the time of service of the termination notice must be in accordance with the lease and state law.

• e. In the case of the tenant’s nonpayment of rent, the notice must include the dollar amount of the balance due on the rent account and the date of such computation.

3. Manner of service for Section 236, Section 221(d)(3) BMIR, Rent Supplement, Section 202/8, Section 202 PAC, Section 202 PRAC, Section -

811 PRAC, Section 8 Loan Management Set Aside, and Section 8 Property Disposition Set-Aside.

• a. The notice must be served by:

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

  • (2) 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.

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

• (1) The date the first class letter is mailed; or

  - (2) The date the notice is properly given. 
  

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