24CFR_ChapIX_01APR23 edition_#960.509

24 CFR Ch. IX (4-1-23 Edition)

§960.509
accordance with paragraph (dX1) of
this section.
(f) Reporting. Each PHA must submit a
report annually to HUD that specifies.
as of the end of the year. the number of
families residing in public housing with
incomes exceeding the over-income
limit and the number of families on the
waiting lists for admission to public
housing projects and provide any other
information regarding over-income
families requested by HUD. These
reports must also be publicly available.
(88 FR 9671. Feb. 14. 2023)
1980.609 Lease requirements for nonpublic housing over-income families.

(a) In general. If a family, when permitted by written PHA's continued occupancy policy. elects to remain in a
public housing unit paying the alternative non-public housing rent. the PHA
and each non-public housing overincome (NPHOI) family (referred to as
the -tenant- in this section) must enter
into a lease. The tenant and the PHA
must execute the lease, as presented by
the Pia pursuant to 1960.507(c)(3Xii)(B)
no later than 60 days after the notice
provided pursuant to 1960.607(0)(3) or
at the next lease renewal, whichever Is
sooner. If the tenant does not execute
the lease within this time period, the
PHA must terminate the tenancy of the
tenant no more than 6 months after the
notification under 1960.507(eX3) in
accordance
with
960.607(d)(2).
Notwithstanding, a PHA may permit, in
accordance with its policies, an overincome family to execute the lease
beyond this time period. but before
termination of the tenancy, if the overincome family pays the PHA the total
difference between the alternative nonpublic housing rent and their public
housing rent dating back to the point in
time that the over-income family was
required to execute the lease.
(b) Lease provisions. The non-public
housing over-income lease must contain at a minimum the following provisions.
(1) Parties, dwelling unit, and term. The
lease must state:
(I) The name of the PHA and names of
the tenants.

(li) The unit rented (address, apestment number, and any other information needed to identify the dwelling
unit).
(iii) The term of the lease (lease term
and renewal in accordance with paragraph (bX2) of this section).
(iv) A statement of the utilities, services, and equipment to be supplied by
the PHA without additional cost, and
the utilities and appliances to be paid
for by the tenant.
( ) The composition of the household
as approved by the PHA (family members, foster children and adults, and any
PHA-approved live-in aides). The faintly
must promptly Inform the PHA of the
birth, adoption, or court-awarded
custody of a child. The family must
request PHA approval to add any other
family member es an occupant of the
unit.
(2) Lease term and renewal. (i) The
lease must have a term as determined
by the PHA and included in PHA policy.
(ii) At any time, the PHA may terminate the tenancy in accordance with
paragraph (b)(11) of this section.
(2) Payments due under the lease. 0.1
Tenant rent. (A) The tenant must pay the
amount of the monthly tenant rent
determined by the PHA in accordance
with 1960.501(eX1).
(B) The lease must specify the initial
amount of the tenant rent at the beginning of the initial lease term. The PHA
must comply with State or local law in
giving the tenant written notice stating
any change in the amount of tenant
rent.
(l1) PHA charges. The lease must provide for charges to the tenant for repair
beyond normal wear and tear and for
consumption of excess utilities. The
lease must state the basis for the determination of such charges (e.g., by a
posted schedule of charges for repair,
amounts charged for excess utility consumption, etc.). The imposition of
charges for consumption of excess utilities is permissible only if such charges
are determined by an individual check
meter servicing the leased unit or result
from the use of major tenant-supplied
appliances.
(1n) Late payment penalties. The lease
may provide for penalties for late payment of rent.

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