CFR 2012_Subpart G

Asst. Secry., for Public and Indian Housing, HUD
part 5, subpart G. For each PHA, HUD
will perform an independent physical
inspection of a statistically valid sample
of such housing based upon the physical
condition standards in 24 CFR part 5,
subpart G.
[63 FR 46580, Sept. 1, 1998]

Subpart G [Reserved]
Subpart H—Lead-Based Paint
Poisoning Prevention
§ 965.701 Lead-based paint poisoning
prevention.
The requirements of the Lead-Based
Paint Poisoning Prevention Act (42
U.S.C. 4821–4846), the Residential LeadBased Paint Hazard Reduction Act of
1992 (42 U.S.C. 4851–4856), and implementing regulations at part 35, subparts
A, B, L, and R of this title apply to this
program.
[64 FR 50229, Sept. 15, 1999]

Subpart I—Fire Safety
SOURCE: 57 FR 33853, July 30, 1992, unless
otherwise noted.

§ 965.800 Applicability.
T h is su bp ar t ap pl i es to al l PHAo wn ed or -l e as ed ho us in g h ou s in g , i nc l ud i ng Mu t ua l Hel p a nd T urn k ey III.

§ 965.805 Smoke detectors.
(a) Performance requirement. (1) After
October 30, 1992, each unit covered by this
subpart must be equipped with at least one
battery-operated or hardwired smoke
detector, or such greater number as may be
required by state or local codes, in working
condition, on each level of the unit. In units
occupied by hearing-impaired residents,
smoke detectors must be hard-wired.
(2) After October 30, 1992, the public
areas of all housing covered by this
subpart must be equipped with a sufficient number, but not less than one for
each area, of battery-operated or hardwired smoke detectors to serve as adequate warning of fire. Public areas include, but are not limited to, laundry
rooms, community rooms, day care
centers, hallways, stairwells, and other
common areas.

Pt. 966

(b) Acceptability criteria. (1) The
smoke detector for each individual unit
must
be
located,
to
the
extent
practicable, in a hallway adjacent to the
bedroom or bedrooms. In units occupied
by hearing-impaired residents, hardwired smoke detectors must be connected
to an alarm system designed for hearingimpaired persons and installed in the
bedroom or bedrooms occupied by the
hearing-impaired residents. Individual
units that are jointly occupied by both
hearing and hearing-impaired residents
must be equipped with both audible and
visual types of alarm devices.
(2) If needed, battery-operated smoke
detectors, except in units occupied by
hearing-impaired residents, may be installed as a temporary measure where no
detectors are present in a unit. Temporary
battery-operated smoke detectors must be
replaced with hardwired electric smoke
detectors in the normal course of a PHA’s
planned CIAP or CGP program to meet
the
required
HUD
Modernization
Standards or state or local codes,
whichever standard is stricter. Smoke
detectors for units occupied by hearingimpaired residents must be installed in
accordance with the acceptability criteria
in paragraph (b)(1) of this section.
( ) Funding. PHAs shall use operating
funds to provide battery-operated smoke
detectors in units that do not have any
smoke detector in place. If operating
funds or reserves are insufficient to
accomplish this, PHAs may apply for
emergency CIAP funding. The PHAs may
apply for CIAP or CGP funds to replace
battery-operated smoke detectors with
hard-wired smoke detectors in the normal
course of a planned modernization
program.

PART 966—PUBLIC HOUSING LEASE
AND GRIEVANCE PROCEDURE
Subpart A—Dwelling Leases, Procedures
and Requirements
Sec.
966 .1 Pu rpose and appli cability .
966.2 Definitions.
966 .3 T en ants ’ oppo rtun ity fo r co mment.
966 .4 L ease requi rements.
966 .5 Post ing o f po licies , rul es and regul ations.
966.6 Prohibited lease provisions.

425

§ 966.1

24 CFR Ch. IX (4–1–12 Edition)

966 .7 Accommod ation o f persons wi th dis abilit ies .

PHA before formal adoption of any new lease
form.
[56 FR 51576, Oct. 11, 1991]

Subpart B—Grievance Procedures and
Requirements

§ 966.4 Lease requirements.

966.50 Purpose and scope.
966.51 Applicability.
966.52 Requirements.
966.53 Definitions.
966 .54 In formal s ettl ement o f g ri evance.
966 .55 Procedu res to obt ain a h eari ng.
966.56 Procedures governing the hearing.
966.57 Decision of the hearing officer or
hearing panel.
A UTHORITY : 42 U.S.C. 1437d and 3535(d).

Subpart A—Dwelling Leases,
Procedures and Requirements
SOURCE: 40 FR 33402, Aug. 7, 1975, unless otherwise
noted. Redesignated at 49 FR 6714, Feb. 23, 1984.

§ 966.1 Purpose and applicability.
(a) This part is applicable to public
housing.
(b) Subpart A of this part prescribes
the provisions that must be incorporated
in leases for public housing dwelling
units.
(c) S ub p ar t B o f th i s p ar t p r es cr i be s
p u bl i c h ou s in g gr i ev an ce h e ar i ng r eq u ir e men t s.
[66 FR 28802, May 24, 2001]

§ 966.2 Definitions.
The following terms are defined in part 5,
subpart A of this title: 1937 Act, covered

person, drug, drug-related criminal
activity, federally assisted housing, guest,
household, HUD, other person under the
tenant’s control, public housing, premises,
public housing agency, Section 8, violent
criminal activity.
[66 FR 28802, May 24, 2001]

§ 966.3 Tenants’ opportunity for comment.
Each PHA shall provide at least 30
days notice to tenants and resident org a n i za t i o n s s e t t i n g f o r t h p r o p o s e d
changes in the lease form used by the
PHA, and providing an opportunity to
present written comments. Subject to
r e q u i r e me n t s o f t h i s r u l e , c o m me n t s
submitted shall be considered by the

A lease sha ll be en tered in to bet ween
th e PHA and each tenan t of a dwe lli ng
un it which s hall c ontai n the prov isi ons
des cribed here inaf ter.
(a) Parties, dwelling unit and term. (1)
The lease shall state:
( i ) T h e n a me s o f t h e P H A a n d t h e
tenant;
( i i ) The uni t rented ( addres s, apa rtment nu mber , and any other info rmation
need ed to iden tify the d well ing unit );
( i i i ) The term of the lease (lease term
and renewal in accordance with paragraph
(a)(2) of this section);
( i v ) A sta tement of what ut ili ties ,
se rvices , a nd equ ip ment are to b e sup pl ied by the PHA wi thout addi tiona l
cos t, and what ut ili ties and a pplia nces
are to be pa id for by the tenant ;
( v ) The composition of the household
as approved by the PHA (family members
and any PHA-approved live-in aide). The
family 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 as an occupant of the unit;
( v i ) HUD’ s r eg u la t io ns in 2 4 CFR p a rt
5 , s ub pa r t L, a pp ly , i f a cu r ren t o r fu t ur e
t e na n t is o r b ec o me s a v i c t i m o f
d o mes t ic v io le nc e , d a ti ng vi o l en ce , o r
s t a lk in g , a s p ro vi de d i n 2 4 CF R p a rt 5,
s u bp ar t L.
(2) Lease term and renewal. (i) The
lease shall have a twelve month term.
Except as provided in paragraph
(a)(2)(ii) of this section, the lease term
must be automatically renewed for the
same period.
( ii) The PHA may not re new the le ase
i f the fa mi ly has vio lated the requi rement f or res ident pe rfor mance of c ommuni ty serv ice or part icipat ion in an
econo mic self -suff icienc y pro gra m in
acco rdance with pa rt 960 , subpa rt F o f
th is chapte r.
( iii ) At any time, the PHA may terminate
the tenancy in accordance with § 966.4(l).
(3) Execution and modification. The
lease must be executed by the tenant

426

Asst. Secry., for Public and Indian Housing, HUD
a n d t he PHA, e x ce p t fo r a ut o ma t ic re n e wa ls of a l ea se . T he l ea se ma y mod i f i ed a t an y ti me by wr i t te n ag r ee men t o f
t h e t en an t an d t he PHA.
(b) Payments due under the lease —(1)
Tenant rent. (i) The tenant shall pay the
amount of the monthly tenant rent
determined by the PHA in accordance with
HUD regulations and other requirements.
The amount of the tenant rent is subject to
change
in
accordance
with
HUD
requirements.
(ii) The lease shall specify the initial
amount of the tenant rent at the beginning
of the initial lease term. The PHA shall
give the tenant written notice stating any
change in the amount of tenant rent, and
when the change is effective.
(2) PHA charges. The lease shall provide for charges to the tenant for maintenance and repair beyond normal wear
and tear and for consumption of excess
utilities. The lease shall state the basis
for the determination of such charges
(e.g., by a posted schedule of charges for
repair, amounts charged for utility
consumption in excess of the allowance
stated in the lease, 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 tenantsupplied appliances.
(3) Late pa yment p enalties. At the opt ion of the PHA, th e lease may prov ide
fo r pay men t of pena ltie s for lat e pay ment .
(4) When charges are due. The lease
shall provide that charges assessed under
paragraph (b) (2) and (3) of this section
shall not be due and collectible until two
weeks after the PHA gives written notice
of the charges. Such notice constitutes a
notice of adverse action, and must meet
the requirements governing a notice of
adverse action (see § 966.4(e)(8)).
(5) Security deposits. At the option of
the PHA, the lease may provide for security deposits which shall not exceed one
month’s rent or such reasonable fixed
amount as may be required by the PHA.
Provision may be made for gradual
accumulation of the security deposit by
the tenant. Subject to applicable laws,
interest earned on security deposits may
be refunded to the tenant

§ 966.4

o n v ac a ti on of t he d we l li ng u n i t o r u se d
f o r t en an t se rv i ce s o r a ct i vi ti e s .
(c) Redetermination of rent and family
composition. The lease shall provide for
redetermination of rent and family
composition which shall include:
(1) The frequency of regular rental
redetermination and the basis for int e r i m r e d e t e r mi n a t i o n .
( 2 ) An agreement by the tenant to
furnish such information and certifications regarding family composition and
income as may be necessary for the PHA
to make determinations with respect to
rent, eligibility, and the appropriateness
of dwelling size.
( 3 ) An agreement by the tenant to
transfer to an appropriate size dwelling
unit based on family composition, upon
appropriate notice by the PHA that such
a dwelling unit is available.
( 4 ) W hen the PHA re deter mines the
a mount o f rent (Total Te nant Pay men t or
Tenan t Ren t) p ayable by the tenan t, n ot
in cludi ng d eter min ation o f th e PHA’ s
sch edule of Ut ili ty Allowances f or
fa mi lie s in the PHA’ s Public Hous ing
Prog ra m, o r de ter mines tha t the tenant
must transf er to anot her unit ba sed on
fa mi ly co mpos ition , the PHA shal l
no tify the tenant th at the tenan t may ask
fo r an explana tion sta ting the speci fic
gro unds o f the PHA dete rmina tion, and
th at if th e tenant doe s no t agree wit h the
de ter mina tion, the tenant shal l have the
r ight to reques t a hear ing under the PHA
gr ievance proced ure.
(d) Tenant’s right to use and occupancy. (1) The lease shall provide that the
tenant shall have the right to exclusive use
and occupancy of the leased unit by the
members of the household authorized to
reside in the unit in accordance with the
lease,
including
reasonable
accommodation of their guests. The term
guest is defined in 24 CFR 5.100.
( 2 ) Wi th th e co n se nt o f th e PHA,
me mb e rs o f t he h ou se ho l d ma y e ng ag e
i n le ga l p ro f it ma ki ng ac t iv it i e s i n th e
d we l l in g un i t , wh er e th e PHA d e t e rmi n e s th a t su ch a ct i vi t i es a re in ci d en ta l
t o p ri ma ry u se of t he l ea se d un i t fo r
r e s id en ce b y me mbe r s of th e h ou se ho ld .
(3)(i) With the consent of the PHA, a
foster child or a live-in aide may reside

427

§ 966.4

24 CFR Ch. IX (4–1–12 Edition)

in the unit . The PHA may adopt reason able poli cies conce rning res idence by
a foste r ch ild o r a live -in-a ide, and
def ining the circu ms tances in which
PHA consen t wil l be given or de nied.
Under such po licie s, the fac tor s con sidere d by the PHA may inc lude:
( A) Wh e th er th e ad d it i on o f a new o cc u pa nt ma y ne ce s si t at e a t ran s fe r o f th e
f a mi ly to a no th er u n it , a nd wh e th e r su ch
u n i ts ar e a va i la bl e .
( B) The PHA’s obligation to make
reasonable accommodation for handicapped persons.
(ii) Live-in aide means a person who
resides with an elderly, disabled or
handicapped person and who:
(A) Is determined to be essential to the
care and well-being of the person;
(B) Is not obligated for the support of the
person; and
(C) Would not be living in the unit
except to provide the necessary supportive services.
(e) The PHA’s obligations. The lease
shall set forth the PHA’s obligations under
the lease, which shall include the
following:
(1 ) To maint ain the d wel ling unit and
th e pr oject in dece nt, safe , and san itary
cond iti on;
(2 ) To co mply with re quire ment s o f
app licab le buil ding code s, ho using
code s, and HUD re gulat ions mater ial ly
af fect ing hea lth and s afety ;
(3 ) To make necessary repairs to the dwelling
unit;
(4 ) To keep project buildings, facilities, and common areas, not otherwise
assigned to the tenant for maintenance and
upkeep, in a clean and safe condition;
(5 ) To maintain in good and safe
working order and condition electrical,
plumbing, sanitary, heating, ventilating,
and other facilities and appliances,
including elevators, supplied or required
to be supplied by the PHA;
(6 ) To provide and maintain appropriate receptacles and facilities (except
containers for the exclusive use of an
individual tenant family) for the deposit
of ashes, garbage, rubbish, and other
waste removed from the dwelling unit by
the tenant in accordance with paragraph
(f)(7) of this section;
(7 ) To supply running water and reasonable amounts of hot water and reasonable amounts of heat at appropriate

t i me s o f t h e y e a r ( a c c o r d i n g t o l o c a l
c u s t o m a n d u s a g e ) , e x c e p t wh e r e t h e
building that includes the dwelling unit
i s n o t r e q u i r e d b y l a w t o be e q u i p p e d
f o r t h a t p u r p o s e , o r wh e r e h e a t o r h o t
water is generated by an installation
within the exclusive control of the
tenant and supplied by a direct utility
connection; and
(8 )(i) To noti fy the tenant of the speci fic grou nds for any pro posed adv erse
ac tion by the PHA. (Such adver se ac tion
in cludes , but is not li mite d to, a
pro posed lease ter minati on, trans fer of
th e t enant to anoth er u nit , o r i mposi tion
of charg es f or main tenance and repai r, or
fo r exce ss co nsu mptio n of uti lit ies. )
(ii) When the PHA is required to afford
the tenant the opportunity for a hearing
under the PHA grievance procedure for a
grievance concerning a proposed adverse
action:
( A) The not ice o f p roposed adver se
ac tion sha ll info rm the tenan t o f the
r ight to reques t such hear ing. In t he cas e
of a lease ter mina tion , a notic e of lea se
te rminat ion,
in
accordance
with
par agraph (l) (3) of thi s sect ion, shal l
con sti tute adequa te no tice of propo sed
adve rse a ction .
( B) In the case of a proposed adverse
action other than a proposed lease termination, the PHA shall not take the
proposed action until the time for the
tenant to request a grievance hearing has
expired, and (if a hearing was timely
requested by the tenant) the grievance
process has been completed.
(9) To consider lease bifurcation, as
provided in 24 CFR 5.2009, in circumstances involving domestic violence,
dating violence, or stalking addressed in
24 CFR part 5, subpart L.
(f) Tenant’s obligations. The lease
shall provide that the tenant shall be
obligated:
(1 ) Not to as sign the le ase or to su ble ase the d we lling uni t;
(2 ) Not to provide accommodations for
boarders or lodgers;
(3 ) To use the dwelling unit solely as
a private dwelling for the tenant and the
tenant’s household as identified in the
lease, and not to use or permit its use for
any other purpose;
(4 ) To abide by neces sary and reaso nab le regu lat ions p romulgated by the
PHA fo r t he bene fit and we ll-be ing o f

428

Asst. Secry., for Public and Indian Housing, HUD
the housing project and the tenants which
shall be posted in the project office and
incorporated by reference in the lease;
(5 ) To comply with all obligations
imposed upon tenants by applicable
provisions of building and housing codes
materially affecting health and safety;
(6 ) To keep the d wel ling uni t a nd such
ot her area s as may be ass igned to the
te nant for t he ten ant’s exclu siv e use in a
cl ean and saf e cond ition ;
(7 ) T o di s po se o f al l a sh es , ga rb a ge ,
r u bb i sh , an d ot he r wa s te f ro m th e
d we l l in g u ni t in a sa ni t ary a nd sa fe
ma n ne r ;
(8 ) To us e only in a rea sonabl e manner all elec tric al, plu mbing, sani tary ,
hea ting , vent ila ting , air -cond ition ing
and othe r f acil iti es an d appur tenance s
in cludi ng el evator s;
(9 ) To refrain from, and to cause the
household and guests to refrain from
destroying, defacing, damaging, or removing any part of the dwelling unit or
project;
(10 ) To pay r easonab le ch arges (ot her
th an for wea r and te ar) fo r the r epair of
da mage s to t he d well ing un it , or to the
pro ject (inc luding d ama ges t o proj ect
bu ilding s, fa cil itie s or co mmon area s)
cau sed by the tenant , a member of t he
hous ehold or a gues t.
(11 ) T o ac t , an d c au s e h ou se h ol d
me mb e rs o r gu e st s t o ac t , in a man ne r
wh i c h wi ll n ot d i st u rb o th er r e s id en t s ’
p e ac ef u l en j oy men t o f the i r a cc o mmo d at i on s an d wil l b e con d uc iv e t o
ma i n ta i ni ng th e p r oj ec t in a d e ce nt , sa fe
a n d s an i ta ry co nd i ti on ;
(12 ) (i) To assure that no tenant,
member of the tenant’s household, or
guest engages in:
( A) An y c ri mi na l ac t iv i ty t h a t
t h re a te ns th e he a lt h , sa fe t y o r r i gh t t o
p e ac ef u l e nj oy me nt o f t he pr e mi se s b y
o t he r r e si de n ts ; o r
( C) Any drug-related criminal activity
on or off the premises;
( ii) To a ssure tha t no other per son
unde r th e ten ant’ s con trol engage s in :
( A) An y c ri mi na l ac t iv i ty t h a t
t h re a te ns th e he a lt h , sa fe t y o r r i gh t t o
p e ac ef u l e nj oy me nt o f t he pr e mi se s b y
o t he r r e si de n ts ; o r
( D) Any drug- relat ed c ri mina l act ivit y
on the pre mise s;

§ 966.4

(iii) To assure that no member of the
household engages in an abuse or pattern
of abuse of alcohol that affects the health,
safety, or right to peaceful enjoyment of
the premises by other residents.
(g ) Tenan t maintenan ce. The lea se
may prov ide that the tenan t sha ll perfo rm seasona l ma intena nce or o ther
main tenance tasks , as sp ecif ied in the
le ase, where per for mance of such tas ks
by t enants o f d well ings un its of a si mila r
des ign and const ructi on is cus to mary:
Provid ed, Tha t such prov ision i s
in cluded in the lea se i n good fai th an d
no t fo r the p urpose of evad ing the
ob ligat ions of the PHA. The PHA shal l
exe mp t tenan ts who are unabl e to per fo rm such tas ks be cause of age or disab ili ty.
(h) Defects hazardous to life, health,
or safety. The lease shall set forth the
rights and obligations of the tenant and
the PHA if the dwelling unit is damaged
to the extent that conditions are created
which are hazardous to life, health, or
safety of the occupants and shall provide
that:
( 1 ) T he te na nt sh al l i mme d ia te ly n o t i f y p ro je c t ma na ge me nt of th e d a mag e;
( 2 ) The PHA shall be re sponsi ble for
rep air of the un it within a reasonab le
t ime: Pro vided, Tha t if the da mage was
cau sed by the ten ant, tenant ’s hou sehold
or g uests , the reason able cos t of the
rep airs sha ll be char ged t o the tenan t;
( 3 ) The PHA s hall offer stan dard a lte rnat ive acco mmodat ions, if ava ilab le,
where nec essary r epair s c annot be made
wi thin a rea sonable t ime ; and
( 4 ) Provisions shall be made for
abatement of rent in proportion to the
seriousness of the damage and loss in
value as a dwelling if repairs are not
made in accordance with paragraph
(h)(2) of this section or alternative accommodations not provided in accordance with paragraph (h)(3) of this section, except that no abatement of rent
shall occur if the tenant rejects the alternative accommodation or if the
damage was caused by the tenant, tenant’s household or guests.
(i) Pre-occupancy and pre-termination
inspections. The lease shall provide that the
PHA and the tenant or representative shall
be obligated to inspect the

429

§ 966.4

24 CFR Ch. IX (4–1–12 Edition)

d wel ling u nit p rior to co mmence men t of
occup ancy by the tenan t. The PHA wi ll
fu rnish t he tenan t wi th a writ ten
s tate ment of the condi tion of the
d wel ling un it, and t he e quip ment p rovi ded wi th th e uni t. Th e s tate ment sha ll
be si gned by the PHA and t he tenan t, and
a co py of the s tate men t sha ll be reta ined
by the PHA in the tenan t’s fo lder . The
PHA sha ll be fu rther obl igated to inspec t
th e un it a t the ti me the tenant vaca tes the
un it and t o furn ish the tenant a s tate men t
of any charges to be made in acco rdance
wi th paragr aph (b) (2) of thi s sect ion.
Prov isi on sha ll be made for the tenan t’s
par tic ipat ion i n the la tter inspec tion , unle ss the te nant v acates without not ice to
th e PHA.
( j) Entry of dwelling un it du ring tenan cy. The lease sha ll set for th the circu ms tances unde r wh ich the PHA may
en ter the dwe ll ing uni t during the ten an t’s posses sion the reof, which sha ll
in clude provi sion that :
( 1 ) T he PHA s h a ll , up on re a so n ab le
a d va nc e no t if i ca t io n to th e t en an t , be
p e r mit t ed t o en te r t he d we l l in g un i t
d u ri ng r ea so na b le h ou r s f or t h e p ur po s e
o f p e rf or mi ng ro ut i ne in spe c t io ns a nd
ma i n te na nc e , f or ma ki ng imp r ov e men t
o r r ep a ir s , or to s ho w th e dwe l l i ng u ni t
f o r re - le a si ng . A wr it t en s ta t e me n t
s p ec i fy in g th e p ur po se of t he PHA e n t r y
d e l iv er ed to th e d wel l in g un i t a t l ea s t
t wo da y s b ef or e s uc h e n try s ha l l b e
c o ns id e re d
re as on a bl e
ad va n ce
n o t if i ca t io n;
( 2 ) The PHA may en ter the d wel ling
un it a t an y t ime wi thout advanc e not if icat ion when there is rea sonab le cause
to bel ieve that an e mer gency e xis ts; and
( 3 ) If the tena nt and al l adul t members
of the househo ld are ab sent fro m the
d wel ling u nit at th e ti me o f en try, the
PHA sh all leave in the d well ing un it a
wri tten s tate men t spec ifying th e date ,
t ime and pu rpose of en try p rior to
le aving the dwe ll ing un it.
(k) Notice procedures. (1) The lease
shall provide procedures to be followed
by the PHA and the tenant in giving
notice one to the other which shall require that:
( i) Excep t as pro vided in paragr aph (j )
of this secti on, no tice t o a tenan t sha ll
be in wr itin g and d elive red to the tenant
or to an adu lt me mbe r of the

t e na n t’ s ho u se ho ld re s id in g i n t he
d we l l in g or se n t by p r ep ai d f i rs t -c l as s
ma i l p ro pe rl y ad dr es s ed t o t h e te na nt ;
and
(ii) Notice to the PHA shall be in
writing, delivered to the project office or
the PHA central office or sent by prepaid
first-class mail properly addressed.
( 2 ) If th e te na nt i s v i su al l y i mp a ir ed ,
a l l n ot i ce s mu st b e i n an a cce s s ib le fo rma t .
( l ) Termination of tenancy a nd eviction —(1 ) Procedu res. Th e l e as e sh al l
s t a te t he p ro ce du re s t o b e fo l l o we d by
t h e PHA a n d by th e t en an t to te r mi na te
t h e t en an cy .
(2) Grounds for termination of tenancy.
The PHA may terminate the tenancy only
for:
(i) Serious or repeated violation of
material terms of the lease, such as the
following:
(A) Failure to make payments due
under the lease;
(B) Failure to fulfill household obligations, as described in paragraph (f) of
this section;
(ii) Being over the income limit for the
program, as provided in 24 CFR 960.261.
(iii) Other good cause. Other good
cause includes, but is not limited to, the
following:
(A) Criminal activity or alcohol abuse
as provided in paragraph (1)(5) of this
section;
(B) Discovery after admission of facts
that made the tenant ineligible;
(C) Di s c ov er y o f ma te r ia l f a ls e s t a te me n t s o r f ra ud by t he t en an t i n c on n e ct i on wit h an a pp l ic a ti on f or a s si s ta n ce o r wi th re ex a min at i on o f in co me ;
(D) F a i lu re o f a f a mi l y me mbe r t o
c o mpl y wi th s er v ic e re qu i reme n t pr ov i s i on s o f pa r t 96 0 , su bp ar t F , of th i s
c h ap te r —a s gr ou nd s on l y fo r no n -r en e wa l o f th e l ea s e a nd te rmi n a t io n o f
t e na nc y a t t he e nd of th e t we l ve - mon th
l e as e te r m; a nd
(E) Failure to accept the PHA’s offer of
a lease revision to an existing lease: that
is on a form adopted by the PHA in
accordance with § 966.3; with written
notice of the offer of the revision at least
60 calendar days before the lease revision
is scheduled to take effect; and with the
offer specifying a reasonable

430

Asst. Secry., for Public and Indian Housing, HUD
t i me l i mit wi t hi n t ha t pe r io d fo r a cc e pt an ce by th e f a mi ly .
(3) Lease termination notice. (i) The
PHA must give written notice of lease
termination of:
( A) 14 days in the case of fai lure to pay
ren t;
( B) A re asonab le perio d of t ime cons iderin g the ser iousne ss o f the sit uatio n
(bu t no t to exceed 30 d ays) :
( 1 ) If t h e he a lt h o r sa fe t y o f o t he r
r e s id en t s, PHA e mp l oy ee s , o r p er s on s
r e s id in g in th e i mme di a te vi ci n i ty of th e
p r e mis es i s t hr ea t en ed ; o r
( 2 ) If a n y me mbe r o f t he h ou se h ol d
h a s en ga ge d i n an y d ru g- r ela t ed c r i mi n a l a ct i vi t y o r v io le n t c ri mi na l ac t iv i ty ;
or
( 3 ) If any member of the household has
been convicted of a felony;
(C) 30 days in any other case, except
that if a State or local law allows a
shorter notice period, such shorter period
shall apply.
(ii) The notice of lease termination to
the tenant shall state specific grounds for
termination, and shall inform the tenant
of the tenant’s right to make such reply
as the tenant may wish. The notice shall
also inform the tenant of the right
(pursuant to § 966.4(m)) to examine PHA
documents directly relevant to the
termination or eviction. When the PHA is
required to afford the tenant the
opportunity for a grievance hearing, the
notice shall also inform the tenant of the
tenant’s right to request a hearing in
accordance with the PHA’s grievance
procedure.
(iii) A notice to vacate which is required
by State or local law may be combined
with, or run concurrently with, a notice of
lease
termination
under
paragraph
(l)(3)(i) of this section.
(iv) Wh en th e PHA i s r eq u ir ed to af f o rd t he te na n t t he op po r tu n i ty fo r a
h e ar i ng u nd e r t he PHA g r iev a nc e p ro c e du re fo r a g ri ev an ce c onc e rn i ng t he
l e as e t er mi na t io n (s ee § 966 . 51 ( a) (1 ) ) ,
t h e te na nc y sh a ll n o t te r mina t e (e ve n i f
a n y no t ic e t o v ac at e u nd er Sta t e o r l oc a l
l a w h as e xp i re d) u n ti l t he ti me f o r th e
t e na n t t o re qu es t a g r ie va nc e he ar i ng
h a s e xp i re d , a nd ( i f a h ea r in g wa s t i me ly
r e qu es t ed b y t he t en an t ) t he gr i ev an ce
p r oc es s h a s be en co mp le te d .
(v) When the PHA is not requi red to
af ford the tenant the oppor tuni ty for a

§ 966.4

hearing under the PHA administrative
grievance procedure for a grievance
concerning the lease termination (see §
966.51(a)(2)), and the PHA has decided
to exclude such grievance from the PHA
grievance procedure, the notice of lease
termination under paragraph (l)(3)(i) of
this section shall:
( A) S t a t e t h a t t h e t e n a n t i s n o t e n t i tled to a grievance hearing on the termination.
( B) S p e c i f y t h e j u d i c i a l e v i c t i o n p r o c e d u r e t o b e u s e d b y t h e PHA f o r e v i c tion of the tenant, and state that HUD
h a s d e t e r mi n e d t h a t t h i s e v i c t i o n p r o cedure provides the opportunity for a
hearing in court that contains the basic
e l e me n t s o f d u e p r o c e s s a s d e f i n e d i n
HUD regulations.
( C) State whether the eviction is for a
criminal activity as described in §
966.51(a)(2)(i)(A) or for a drug-related
criminal activity as described in §
966.51(a)(2)(i)(B).
(4 ) Ho w tenant is evicted . The PHA
may e vict the tenan t f ro m th e un it e ithe r:
(i) By bringing a court action or;
(ii) By bri nging an ad min ist rative act ion i f la w of th e jur isdi ction p er mit s
ev ictio n by ad min ist rati ve act ion, afte r a
due proce ss adminis tra tive hear ing, and
wi thout a cou rt de ter mina tio n of the
r ights and l iabi lit ies of the part ies . In
ord er to evic t wi thout br ingin g a cou rt
ac tion, th e PHA mus t a fford the tenan t
th e opp ortun ity for a pre -evic tion
hea ring i n accord ance with t he PHA
gr ievance proced ure.
(5) PHA termination of tenancy for
criminal activity or alcohol abuse —(i)
Evicting
drug
criminals.
(A)
Methamphet-amine conviction. The PHA
must immediately terminate the tenancy if
the PHA determines that any member of the
household has ever been convicted of drugrelated criminal activity for manufacture or
production of meth-amphetamine on the
premises of federally assisted housing.
(B) Drug crime on or off the
premises. The lease must provide that
drug-related criminal activity engaged in
on or off the premises by any tenant,
member of the tenant’s household or
guest, and any such activity engaged in
on the premises by any other person
under the tenant’s control, is grounds for
the PHA to terminate tenancy. In

431

§ 966.4

24 CFR Ch. IX (4–1–12 Edition)

add itio n, the lea se mus t provi de that a
PHA may evi ct a f amily when the PHA
de ter mines tha t a h ousehol d me mber is
i llega lly us ing a drug o r when t he PHA
de ter mines th at a pa tte rn o f il legal use
of a drug in terf eres wi th th e heal th,
sa fety , or ri ght to p eacefu l enj oyme nt of
th e pre mi ses by ot her resident s.
(ii) Evicting other criminals. (A)
Threat to other residents. The lease
must provide that any criminal activity
by a covered person that threatens the
health, safety, or right to peaceful enjoyment of the premises by other residents (including PHA management staff
residing on the premises) or threatens the
health, safety, or right to peaceful
enjoyment of their residences by persons
residing in the immediate vicinity of the
premises is grounds for termination of
tenancy.
(B) Fugitive felon or parole violator.
The PHA may terminate the tenancy if a
tenant is fleeing to avoid prosecution, or
custody or confinement after conviction,
for a crime, or attempt to commit a crime,
that is a felony under the laws of the
place from which the individual flees, or
that, in the case of the State of New
Jersey, is a high misdemeanor; or
violating a condition of probation or
parole imposed under Federal or State
law.

(iii) Eviction for criminal activity.
(A) Evidence. The PHA may evict the
tenant by judicial action for criminal activity in accordance with this section if
the PHA determines that the covered
person has engaged in the criminal activity, regardless of whether the covered
person has been arrested or convicted for
such activity and without satisfying the
standard of proof used for a criminal
conviction.
( B) Notice to Post Office. When a
PHA evic ts an indi vidua l o r fa mi ly for
cr iminal act ivi ty, the PHA must not ify
th e local p ost of fice se rving the d wel ling
un it th at the indi vidua l or fa mi ly is no
lo nger resid ing in t he un it.
(iv) Use of criminal record. If the
PHA seeks to terminate the tenancy for
criminal activity as shown by a criminal
record, the PHA must notify the
household of the proposed action to be
based on the information and must provide the subject of the record and the
tenant with a copy of the criminal record
before a PHA grievance hearing

o r c o u r t t r i a l c o n c e r n i n g t h e t e r mi nation of tenancy or eviction. The tena n t mu s t b e g i v e n a n o p p o r t u n i t y t o
dispute the accuracy and relevance of
that record in the grievance hearing or
court trial.
(v) Cost of obtaining criminal record.
The PHA may not pass along to the tenant
the costs of a criminal records check.
(vi) Evicting alcohol abusers. The
PHA must establish standards that allow
termination of tenancy if the PHA determines that a household member has:
( A) Engage d in ab use or patt ern of
abu se of alcoho l t hat threa tens the
hea lth, safety , or r ight to peace ful enjo ymen t o f t he pr emises by other res iden ts; or
( B) Furn ished fa lse or mis leading info rma tion c oncern ing il legal d rug use ,
al cohol abuse, or rehabi li tatio n of il lega l drug use rs or alco hol abuse rs.
(vii) PHA action, generally. (A)
Assessment under PHAS. Under the
Public Housing Assessment System
(PHAS), PHAs that have adopted policies,
implemented procedures and can document that they appropriately evict any
public housing residents who engage in
certain activity detrimental to the public
housing community receive points. (See
24 CFR 902.43(a)(5).) This policy takes
into account the importance of eviction of
such
residents
to
public
housing
communities and program integrity, and
the demand for assisted housing by
families who will adhere to lease
responsibilities.
(B) Consideration of circumstances.
In a manner consistent with such policies,
procedures and practices, the PHA may
consider all circumstances relevant to a
particular case such as the seriousness of
the offending action, the extent of
participation by the leaseholder in the
offending action, the effects that the
eviction would have on family members
not involved in the offending activity and
the extent to which the leaseholder has
shown personal responsibility and has
taken all reasonable steps to prevent or
mitigate the offending action.
(C) Exclusion of culpable household
member. The PHA may require a tenant
to exclude a household member in

432

Asst. Secry., for Public and Indian Housing, HUD
ord er to con tinue to res ide in th e as sist ed
un it, whe re tha t house hold me mber ha s
par tic ipated in or been cul pable for
ac tion or fai lure to act t hat war rants
te rminat ion.

(D) Consideration of rehabilitation.
In determining whether to terminate tenancy for illegal drug use or a pattern of
illegal drug use by a household member
who is no longer engaging in such use, or
for abuse or a pattern of abuse of alcohol
by a household member who is no longer
engaging in such abuse, the PHA may
consider whether such household member
is participating in or has successfully
completed a supervised drug or alcohol
rehabilitation program, or has otherwise
been rehabilitated successfully (42
U.S.C. 13662). For this purpose, the PHA
may require the tenant to submit evidence
of the household member’s current
participation in, or successful completion
of, a supervised drug or alcohol
rehabilitation program or evidence of
otherwise having been rehabilitated
successfully.

(E) Length of period of mandatory
prohibition on admission. If a statute requires that the PHA prohibit admission of
persons for a prescribed period of time
after some disqualifying behavior or
event, the PHA may apply that prohibition
for a longer period of time.

(F) Nond iscrimin ation

limitatio n.

The PHA’ s evic tion act ions must be con s isten t with fair h ousing a nd equa l oppor tuni ty p rovis ions of § 5.105 of th is
t itl e.
(m) Eviction: Right to examine PHA
documents before hearing or trial. The
PHA shall provide the tenant a reasonable
opportunity to examine, at the tenant’s
request, before a PHA grievance hearing
or court trial concerning a termination of
tenancy or eviction, any documents,
including records and regulations, which
are in the possession of the PHA, and
which are directly relevant to the
termination of tenancy or eviction. The
tenant shall be allowed to copy any such
document at the tenant’s expense. A
notice of lease termination pursuant to §
966.4(l) (3) shall inform the tenant of the
tenant’s right to examine PHA documents
concerning the termination of tenancy or
eviction. If the PHA does not make
documents available for examination
upon request by the tenant (in accord

§ 966.5

ance with this § 966.4(m)), the PHA may
not proceed with the eviction.
(n) Grievance procedures. The lease
shall provide that all disputes concerning
the obligations of the tenant or the PHA
shall
(except
as
provided
in
§
966.51(a)(2)) be resolved in accordance
with the PHA grievance procedures. The
grievance procedures shall comply with
subpart B of this part.
(o) Provision for modifications. The
lease shall provide that modification of
the lease must be accomplished by a
written rider to the lease executed by both
parties, except for paragraph (c) of this
section and § 966.5.
(p) Signature clause. Th e lease shal l
pro vide a signa ture clau se a tte stin g that
th e lease has been execu ted by the
par ties .
[56 FR 51576, Oct. 11, 1991, as amended at 61 FR
13273, Mar. 26, 1996; 65 FR 16730, Mar. 29, 2000;
66 FR 28802, May 24, 2001; 66 FR 32875, June 18,
2001; 66 FR 33134, June 20, 2001; 69 FR 68791, Nov.
26, 2004; 75 FR 66262, Oct. 27, 2010]

§ 966.5 Posting of policies, rules and
regulations.
Schedules of special charges for services, repairs and utilities and rules and
regulations which are required to be incorporated in the lease by reference shall
be publicly posted in a conspicuous
manner in the Project Office and shall be
furnished to applicants and tenants on
request. Such schedules, rules and
regulations may be modified from time to
time by the PHA provided that the PHA
shall give at least 30-day written notice
to each affected tenant setting forth the
proposed modification, the reasons
therefor, and providing the tenant an
opportunity to present written comments
which shall be taken into consideration
by the PHA prior to the proposed modification becoming effective. A copy of
such notice shall be:
(a) Delivered directly or mailed to each
tenant; or
(b) Posted in at least three (3) conspicuous places within each structure or
building in which the affected dwelling
units are located, as well as in a
conspicuous place at the project office,
if any, of if none, a similar central
business location within the project.

433

§ 966.6

24 CFR Ch. IX (4–1–12 Edition)

§ 966.6 Prohibited lease provisions.
Lease clauses of the nature described
below shall not be included in new leases
between a PHA and a tenant and shall be
deleted from existing leases either by
amendment thereof or execution of a new
lease:
(a) Con fession of judgment. Pr ior
con sent by the tenan t to any la wsuit the
la ndlord may bring aga inst hi m in connec tion with the le ase and to a judg ment
in favo r of the land lord.

(b) Distraint for rent or other
charges. Agreement by the tenant that
landlord is authorized to take property of
the tenant and hold it as a pledge until the
tenant performs the obligation which the
landlord has determined the tenant has
failed to perform.
(c) Exculpa tory clau ses. Agree ment
by the ten ant not to hold the la ndlord or
la ndlord ’s a gent liab le f or any acts or
o mis sions whethe r in tenti ona l or n egl igent o n the pa rt of the la ndl ord or the
la ndlord ’s author i zed repr esen tativ es o r
agen ts.

(d) Wa iver o f legal no tice by tenan t
p rio r to a ctions fo r eviction or money
judgments. Ag ree ments by t he tenan t
th at th e land lord may i ns titu te su it
wi thout any noti ce to the tenan t that the
su it has been f iled, t hus preven ting the
te nant fro m d efendi ng aga inst the
la wsuit .
(e) Wa iver of legal p roceeding s. Auth ori za tion to the l andlor d to evict the
te nant o r ho ld or sel l th e tenan t’s posse ssion s wheneve r the landlo rd de termine s that a b reach or d efaul t has oc cur red wi thout not ice to th e tenan t or any
de ter mina tion by a cour t of the ri ghts
and lia bil itie s of the part ies .
(f) Waiver of jury trial. Authorization
of the landlord’s lawyer to appear in court
for the tenant and waive the right to a trial
by jury.

(g) Waiver of right to appeal judicial
error in legal proceeding. Authorization
to
to
to
to

the landlord’s lawyer to waive the right
appeal for judicial error in any suit or
waive the right to file a suit in equity
prevent the execution of a judgment.

(h) Tenant chargeable with cost of
legal actions regardless of outcome.
Provision that the tenant agrees to pay
attor-ney’s fees or other legal costs
whenever the landlord decides to take
action against the tenant even though the

c o ur t de t er mi ne s t ha t t he t ena n t pr ev a il s
i n th e a c ti on . Pr oh ib i t io n o f t h i s t yp e of
p r ov i si on do es no t mea n t hat t he t en an t
a s a p a rt y t o th e l a wsu i t ma y n o t be
o b l ig at ed t o p ay at t or ne y’ s fe e s o r o t her
c o st s if he lo se s th e s ui t .

§ 966.7 Accommodation of persons with
disabilities.
(a) For all aspects of the lease and
grievance procedures, a handicapped
person shall be provided reasonable accommodation to the extent necessary to
provide the handicapped person with an
opportunity to use and occupy the
dwelling unit equal to a non-handicapped
person.
(b) T h e P HA s h a l l p r o v i d e a n o t i c e t o
each tenant that the tenant may, at any
t i me d u r i n g t h e t e n a n c y , r e q u e s t
r e a s o n a b l e a c c o mmo d a t i o n o f a h a n d i c a p o f a h o u s e h o l d me mb e r , i n c l u d i n g
r e a s o n a b l e a c c o mmo d a t i o n s o t h a t t h e
t e n a n t c a n me e t l e a s e r e q u i r e me n t s o r
o t h e r r e q u i r e me n t s o f t e n a n cy .
[56 FR 51579, Oct. 11, 1991]

Subpart B—Grievance Procedures
and Requirements
SOURCE: 40 FR 33406, Aug. 7, 1975, unless otherwise
noted. Redesignated at 49 FR 6714, Feb. 23, 1984.

§ 966.50 Purpose and scope.
The purpo se o f this subpa rt is to set
fo rth the req uire men ts, st anda rds and
cr iter ia fo r a gr ievance p rocedu re to b e
es tabl ished and imp le mented by pub lic
hous ing ag encies ( PHAs) to ass ure t hat a
PHA ten ant i s aff orded an oppo rtuni ty
fo r a h earing if the te nant d isput es
wi thin a reason able ti me any PHA action
or fai lure to ac t i nvolv ing the tenan t’s
le ase with th e PHA or PHA reg ulat ions
which adver sely a ffec t the indiv idual
te nant’ s righ ts, du ties , welfare o r sta tus.
[56 FR 51579, Oct. 11, 1991]

§ 966.51 Applicability.
(a)(1) The PHA grievance procedure
shall be applicable (except as provided in
paragraph (a)(2) of this section) to all
individual grievances as defined in §
966.53 of this subpart between the tenant
and the PHA.

434

Asst. Secry., for Public and Indian Housing, HUD
(2)(i) The term due process determination means a determination by HUD that
law of the jurisdiction requires that the
tenant must be given the opportunity for
a hearing in court which provides the
basic elements of due process (as defined
in § 966.53(c)) before eviction from the
dwelling unit. If HUD has issued a due
process determination, a PHA may
exclude from the PHA administrative
grievance procedure under this subpart
any grievance concerning a termination of
tenancy or eviction that involves:
(A) Any
criminal
activity
that
threatens the health, safety or right to
peaceful enjoyment of the premises of
other residents or employees of the PHA;
(B) Any violent or drug-related
criminal activity on or off such premises;
or
(G) Any cri minal act ivit y that resul ted
in fel ony conv ict ion of a h ousehol d
me mber.
(iii) For guidance of the public, HUD
will publish in the F EDE RAL R E GISTE R a
notice listing the judicial eviction procedures for which HUD has issued a due
process determination. HUD will make
available for public inspection and
copying a copy of the legal analysis on
which the determinations are based.
(iv) If HUD ha s i ssued a due p roce ss
de ter mina tion, the PHA may e vict the
occup ants of th e d wel ling uni t th rough
th e judic ial evic tion proc edure s wh ich
are the su bject of the determina tion . In
th is ca se, the PHA i s not req uired to
pro vide t he oppor tunit y for a hea ring
unde r th e PHA’s a dminis trat ive g rievance proce dure.
(b ) The PHA grieva nce procedur e s hall
no t be app licab le to dispu tes be twe en
te nants no t invo lving th e PHA or to c lass
gr ievance s. The gri evance proc edure is
no t i ntended as a foru m for ini tia ting or
nego tia ting pol icy chang es bet we en a
gro up o r gr oups of tenant s and the PHA’s
Board of Commi ssion ers.
[40 FR 33406, Aug. 7, 1975. Redesignated at 49 FR
6714, Feb. 23, 1984, and amended at 56 FR 51579, Oct.
11, 1991; 61 FR 13273, Mar. 26, 1996; 66 FR 28804,
May 24, 2001]

§ 966.52 Requirements.
(a ) Each PHA sha ll adopt a gr ievance
pro cedure affo rding each tenan t an op

§ 966.53

portunity for a hearing on a grievance as
defined in § 966.53 in accordance with
the requirements, standards, and criteria
contained in this subpart.
(b) The PHA grievance procedure shall
be included in, or incorporated by
reference in, all tenant dwelling leases
pursuant to subpart A of this part.
(c) The PHA shall provide at least 30
days notice to tenants and resident organizations
setting
forth
proposed
changes in the PHA grievance procedure,
and providing an opportunity to present
written
comments.
Subject
to
requirements of this subpart, comments
submitted shall be considered by the PHA
before adoption of any grievance
procedure changes by the PHA.
(d) T he PHA sh a l l fu rn i sh a co p y o f
t h e gr i ev an ce p ro ce du re to e a ch t en an t
a n d t o r es i de nt or ga n i zat i on s.
[56 FR 51579, Oct. 11, 1991]

§ 966.53 Definitions.
For the purpose of this subpart, the
following definitions are applicable:
(a) Grievance shall mean any dispute
which a tenant may have with respect to
PHA action or failure to act in accordance with the individual tenant’s
lease or PHA regulations which adversely affect the individual tenant’s
rights, duties, welfare or status.
(b) Complainant shall mean any tenant
whose grievance is presented to the PHA
or at the project management office in
accordance with §§ 966.54 and 966.55(a).
(c) Elements of due process shall mean
an eviction action or a termination of
tenancy in a State or local court in which
the following procedural safeguards are
required:
( 1 ) Ad e qu a te n o ti ce t o t he te na n t of
t h e gr ou nd s f or t e r mi n at i ng t h e te na n cy
a n d f or ev ic t io n ;
( 2 ) Right of the tenant to be represented
by counsel;
( 3 ) Opportunity for the tenant to refute
the evidence presented by the PHA
including the right to confront and crossexamine witnesses and to present any
affirmative legal or equitable defense
which the tenant may have;
( 4 ) A decision on the merits.
(d) Hearing officer shall mean a person
selected in accordance with § 966.55 of this
subpart to hear grievances and render a
decision with respect thereto.

435

§ 966.54

24 CFR Ch. IX (4–1–12 Edition)

(e) Hearing panel shall mean a panel
selected in accordance with § 966.55 of
this subpart to hear grievances and render
a decision with respect thereto.
( f) Tenant shal l mean the adul t per son
(o r per sons) (oth er than a li ve- in a ide):
(1 ) Who resi des in the un it , a nd who
exec uted the leas e wi th the PHA a s l essee o f the d wel ling uni t, or , if no s uch
per son no w res ides in the un it ,
(2 ) Who resid es in the un it, and who is
th e re main ing head of h ouseho ld of the
te nant fa mil y re sidi ng in the d well ing
un it.
( g ) Resid ent o rg aniza tion in c lu de s a
r e s id en t ma na ge me nt co rp o ra t i on .
[40 FR 33406, Aug. 7, 1975. Redesignated at 49 FR
6714, Feb. 23, 1984, and amended at 56 FR 51579, Oct.
11, 1991]

§ 966 .54 In for mal se t tlem ent o f g riev a nce .

An y g r ie va nc e sh a l l b e p e rs on a lly
p r es en t ed , e it he r o ra l ly o r in wr i t in g, to
t h e PHA o ff i ce o r to th e off i ce o f t he
p r oj e ct i n wh ic h t he c o mp l ain a nt r e si de s
s o th at th e g r ie va nc e ma y be d is cu s se d
i n fo r ma ll y a nd s et t le d wi t h ou t a
h e ar i ng . A su mma ry o f s uc h d is c us s io n
s h al l b e p re pa re d wi t h in a r ea so n ab le
t i me a nd on e co py s h al l b e g i ve n t o t he
t e na n t an d on e r et a in ed in t he PHA’ s
t e na n t fi l e . T he su mma ry sh a l l sp ec i fy
t h e n a me s o f th e pa r t ic ip ant s , da te s o f
me e t in g , th e n a tu re o f the p ro po s ed
d i sp o si t io n o f th e co mpl a in t an d th e
s p ec i fi c r ea s on s t he r ef or , a nd sh a ll
s p ec i fy t he p ro ce du r es b y wh i ch a he a ri n g u nd er § 9 66 . 55 may be o b ta i ne d i f
t h e c o mp l ai na n t i s n ot sa t i sfi e d .
§ 966.55 Proce d ure s to ob tain a h eari ng.

(a) Request for hearing. The complainant shall submit a written request for a
hearing to the PHA or the project office
within a reasonable time after receipt of
the summary of discussion pursuant to §
966.54. For a grievance under the
expedited grievance procedure pursuant to
§ 966.55(g) (for which § 966.54 is not
applicable), the complainant shall submit
such request at such time as is specified
by the PHA for a grievance under the
expedited grievance procedure. The
written request shall specify:
(1) The reasons for the grievance; and
(2) The action or relief sought.

(b) Selection of Hearing Officer or
Hearing Panel. (1) A grievance hearing
shall be conducted by an impartial person
or persons appointed by the PHA, other
than a person who made or approved the
PHA action under review or a subordinate
of such person.
(2 ) The method or me thods fo r PHA
appo int ment o f a hea ring off icer or
hea ring pane l shall be s tated in the PHA
gr ievance proce dure. The PHA may use
ei ther of the fol lo wing method s to
appo int a hea ring offi cer o r pane l:
( i) A met hod app roved by t he maj ori ty
of tenan ts ( in any bu ild ing, group o f
bu ilding s o r p rojec t, or group of proje cts
to which the method is app licab le)
vo ting in a n elec tion or meet ing of
te nants held for the purpos e.
( ii) Appoi nt ment of a person or per sons
( who may be an o ffice r or employe e of
th e PHA) sel ected in the manner re quired
unde r th e PHA gr ievance procedu re.
( 3 ) T he PHA s h a ll c on su l t t he r es i de nt
o r ga ni za t i on s b ef or e PHA ap p oi n t me n t
o f ea ch h ea r in g o f f ic er o r p an e l me mb e r.
An y co mme n ts or r ec o mme n da t io ns
s u b mit t ed b y th e t en an t o rg a ni za t io n s
s h al l b e co n si de r ed b y th e PHA b e f ore
t h e a pp oi n t me n t.
(c) Failure to request a hearing. If the
complainant does not request a hearing in
accordance with this paragraph, then the
PHA’s disposition of the grievance under
§ 966.54 shall become final: Provided,
That failure to request a hearing shall not
constitute a waiver by the complainant of
his right thereafter to contest the PHA’s
action in disposing of the complaint in an
appropriate judicial proceeding.
(d) Hearing prerequisite. All grievances
shall be personally presented either orally
or in writing pursuant to the informal
procedure prescribed in § 966.54 as a
condition precedent to a hearing under this
section: Provided, That if the complainant
shall show good cause why he failed to
proceed in accordance with § 966.54 to the
hearing officer or hearing panel, the
provisions of this subsection may be
waived by the hearing officer or hearing
panel.
(e ) Escrow d epo sit. (1) Before a hear in g is sche duled in a ny grie vance in vo lving t he a mount o f rent (as de fined in
§ 966.4( b)) that the PHA cla ims is

436

Asst. Secry., for Public and Indian Housing, HUD
due, the family must pay an escrow deposit to the PHA. When a family is required to make an escrow deposit, the
amount is the amount of rent the PHA
states is due and payable as of the first of
the month preceding the month in which
the family’s act or failure to act took
place. After the first deposit, the family
must deposit the same amount monthly
until the family’s complaint is resolved
by decision of the hearing officer or
hearing panel.
(2) A PHA must waive the requirement
for an escrow deposit where required by
§ 5.630 of this title (financial hardship
exemption
from
minimum
rent
requirements) or § 5.615 of this title
(effect of welfare benefits reduction in
calculation of family income). Unless the
PHA waives the requirement, the
family’s failure to make the escrow
deposit will terminate the grievance
procedure. A family’s failure to pay the
escrow deposit does not waive the
family’s right to contest in any
appropriate judicial proceeding the
PHA’s disposition of the grievance.
(f) Scheduling of hearings. Upon complainant’s compliance with paragraphs
(a), (d) and (e) of this section, a hearing
shall be scheduled by the hearing officer
or hearing panel promptly for a time and
place reasonably convenient to both the
complainant and the PHA. A written
notification specifying the time, place and
the procedures governing the hearing shall
be delivered to the complainant and the
appropriate PHA official.
(g) Expedited grievance procedure. (1)
The PHA may establish an expedited
grievance procedure for any grievance
concerning a termination of tenancy or
eviction that involves:
(i) Any criminal activity that threatens
the health, safety, or right to peaceful
enjoyment of the PHA’s public housing
premises by other residents or employees
of the PHA, or
(ii) An y d r ug - re la t ed c r i min a l ac t i vi t y
o n o r n ea r s uc h p re mi s es .
(2) In the case of a grievance under the
expedited grievance procedure, § 966.54
(informal settlement of grievances) is not
applicable.
(3) S u b j e c t t o t h e r e q u i r e m e n t s o f
this subpart, the PHA may adopt special procedures concerning a hearing
under the expedited grievance proce

§ 966.56

dure, including provisions for expedited
notice or scheduling, or provisions for
expedited decision on the grievance.
[40 FR 33406, Aug. 7, 1975, as amended at 42 FR
5573, Jan. 28, 1977. Redesignated at 49 FR 6714,
Feb. 23, 1984, and amended at 56 FR 51579, Oct.
11, 1991; 65 FR 16731, Mar. 29, 2000]

§ 966.56 Procedures governing the
hearing.
(a) The hearing shall be held before a
hearing officer or hearing panel, as appropriate.
(b) The complainant shall be afforded a
fair hearing, which shall include:
(1 ) The oppor tuni ty to ex amine bef ore
th e
grieva nce
hear ing
any
PHA
docu men ts, inc luding records and r egula tion s, that are di rectl y re levan t to the
hea ring. (For a gr ievance hea ring
conc erning a ter mina tion of tenancy or
ev ictio n, see al so § 96 6.4( m) .) The tenan t shal l b e allo wed to copy any su ch
docu men t at the t enant’ s expens e. If t he
PHA does n ot make t he docu men t
ava ilab le for exa mina tion upon req uest
by the co mpla inant , t he PHA may not
re ly on such docu ment a t the gr ievance
hea ring.
(2 ) The right to be represented by
counsel or other person chosen as the
tenant’s representative, and to have such
person make statements on the tenant’s
behalf;
(3 ) The rig ht to a p riva te he aring unle ss the comp laina nt requ est s a publ ic
hea ring;
(4 ) The right to present evidence and
arguments in support of the tenant’s
complaint, to controvert evidence relied
on by the PHA or project management,
and to confront and cross-examine all
witnesses upon whose testimony or
information
the
PHA
or
project
management relies; and
(5 ) A decis ion based sole ly and exc lus ively upon the fact s pr esent ed a t th e
hea ring.
(c ) Th e he aring of fice r or hea ring
pane l may ren der a de cis ion with out
pro ceeding with the hear ing if th e
hea ring o ffice r or he aring pane l dete rmine s tha t the issue has bee n pr evious ly
dec ided in ano ther proceed ing.
( d ) If th e c o mp l ai na n t o r t he PHA f a i l s
t o ap pe ar at a s ch ed ul ed he a ri n g, the
h e ar i ng of f ic e r o r he ar i ng p a ne l may
ma k e a d e te r min a ti on to po s tp o ne

437

§ 966.57

24 CFR Ch. IX (4–1–12 Edition)

t h e he ar i ng f o r n o t to e xc eed fi ve b u si n e ss d ay s o r ma y ma ke a d et e r min a ti on
t h a t th e p ar t y h a s wa i ve d h is r i gh t to a
h e ar i ng . Bo t h t he c o mp l ai na n t an d t he
PHA
shall
be
n ot i f ie d
of
the
d e te r min a t io n b y th e he a ri ng o f fi ce r o r
h e ar i ng p an e l: Pro vid ed, Th a t a
d e te r min a t io n t h at t he c o mpl a i na nt h as
wa i v ed h i s ri gh t to a h ea r ing s ha l l n ot
c o ns t it u te a wa i ve r o f any ri gh t t he
c o mpl a in an t ma y ha ve to c o nt es t th e
PHA’ s d i s po s i ti on o f th e g r iev a nc e in an
a p pr op r ia te j ud ic i al pr oc ee d in g .
(e ) At the hear ing, the co mplai nant
must fi rst make a sho wing of an e nti t le ment to the reli ef sough t and there af ter th e PHA mus t sust ain the bur den of
ju sti fying the PHA act ion or fail ure to
ac t aga inst wh ich the compla int is
di rected .
( f) The heari ng sha ll be con ducted info rma lly b y the h earing off icer or hea rin g pane l and oral or doc umen tary ev idenc e per tinen t t o th e fac ts and i ssues
ra ised by the co mpla int may be r eceived
wi thout regard to ad mis sibi lity under the
ru les of eviden ce ap plica ble to jud icial
pro ceeding s. The hear ing off icer o r
hea ring pane l shal l requi re the PHA, th e
co mpl ainant ,
coun sel
and
o ther
par tic ipants or spe ctato rs to conduct
th emselves in an o rderly fashio n. Fai lure
to co mply wi th the d irec tions of the
hea ring offi cer o r hea ring panel to obta in
ord er may resu lt in ex clus ion f rom the
pro ceeding s or in a de cisi on adv erse to
th e intere sts of the d isorde rly par ty an d
gra nting o r denia l of th e rel ief s ought , as
app ropria te.
(g ) T h e c o mp l a i n a n t o r t h e P HA ma y
arrange, in advance and at the expense
o f t h e p a r t y ma k i n g t h e a r r a n g e me n t ,
f o r a t r a n s c r i p t o f t h e h e a r i n g . An y i n t e r e s t e d p a r t y ma y p u r c h a s e a c o p y of
such transcript.
(h ) Accommodation of persons with
disabilities. (1) The PHA must provide
reasonable accommodation for persons
with disabilities to participate in the
hearing. Reasonable accommodation may
include qualified sign language interpreters, readers, accessible locations,
or attendants.
(2 ) If t he tenan t is v isua lly i mpa ired,
any not ice t o the ten ant wh ich is re

quired under this subpart must be in an accessible
format.
[40 FR 33406, Aug. 7, 1975. Redesignated at 49 FR
6714, Feb. 23, 1984, and amended at 56 FR 51580, Oct.
11, 1991]

§ 966.57 Decision of the hearing officer or
hearing panel.
(a) The hearing officer or hearing panel
shall prepare a written decision, together
with the reasons therefor, within a
reasonable time after the hearing. A copy
of the decision shall be sent to the
complainant and the PHA. The PHA shall
retain a copy of the decision in the
tenant’s folder. A copy of such decision,
with all names and identifying references
deleted, shall also be maintained on file
by the PHA and made available for
inspection by a prospective complainant,
his representative, or the hearing panel or
hearing officer.
(b) The decision of the hearing officer
or hearing panel shall be binding on the
PHA which shall take all actions, or
refrain from any actions, necessary to
carry out the decision unless the PHA
Board of Commissioners determines
within a reasonable time, and promptly
notifies
the
complainant
of
its
determination, that
(1 ) The g rievan ce doe s not conce rn
PHA act ion or failu re to a ct in accord ance with or involv ing the c omp lain an t’s lease on PHA reg ulat ions , wh ich
adve rsely a ffect t he compla inant ’s
r ights , du ties , wel fare or s tatus ;
(2 ) The decision of the hearing officer
or hearing panel is contrary to applicable
Federal, State or local law, HUD
regulations or requirements of the annual
contributions contract between HUD and
the PHA.
(c ) A deci sion b y the h earing o ffice r,
hea ring panel , or Board of Commi ss ioners in favo r of the PHA o r whi ch
den ies the r elie f reques ted by the c ompl ainan t in whole or in pa rt sha ll no t
con sti tute a wai ver of, nor af fect in any
manner wh atever , any r ights the
co mpl ainant may h ave t o a tria l d e novo
or judi cial revie w in any judic ial
pro ceeding s, wh ich may there afte r be
bro ught in the mat ter.

438