RAD PIH Notice 2012-32 (.pdf, 1 MB) - National Low Income ...

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Appendix I – 24 CFR Part 880 Regulation, Stricken for PBRA Conversions§ 880.606 Lease requirements.(a) Term of Lease. The term of the lease will be for not less than one year. The lease may, or inthe case of a lease for a term of more than one year must, contain a provision permittingtermination on 30 days advance written notice by the family.(b) Form —(1) Part 880 and 24 CFR part 881 projects. For this part 880 and 24 CFR part 881projects, the form of lease must contain all required provisions, and none of the prohibitedprovisions specified in the developer's packet, and must conform to the form of lease included inthe approved final proposal.(2) 24 CFR part 883 projects. For 24 CFR part 883 projects, the form of lease must contain allrequired provisions, and none of the prohibited provisions specified below.(i) Required provisions (Addendum to lease).Addendum to LeaseThe following additional Lease provisions are incorporated in full in the Lease between__________ (Landlord) and __________ (Tenant) for the following dwelling unit: _________.In case of any conflict between these and any other provisions of the Lease, these provisions willprevail.a. The total rent will be $____ per month.b. Of the total rent, $____ will be payable by the State Agency (Agency) as housing assistancepayments on behalf of the Tenant and $_____ will be payable by the Tenant. These amounts willbe subject to change by reason of changes in the Tenant's family income, family composition, orextent of exceptional medical or other unusual expenses, in accordance with HUD-establishedschedules and criteria; or by reason of adjustment by the Agency of any applicable UtilityAllowance; or by reasons of changes in program rules. Any such change will be effective as ofthe date stated in a notification to the Tenant.c. The Landlord will not discriminate against the Tenant in the provision of services, or in anyother manner, on the grounds of race, color, creed, religion, sex, or national origin.d. The Landlord will provide the following services and maintenance: ______e. A violation of the Tenant's responsibilities under the Section 8 Program, as determined by theAgency, is also a violation of the lease.Landlord____________________By____________________Date____________________PIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 168
Appendix I – 24 CFR Part 880 Regulation, Stricken for PBRA ConversionsTenant____________________Date____________________[End of addendum](ii) Prohibited provisions. Lease clauses which fall within the classifications listed below mustnot be included in any Lease.Lease Clausesa. Confession of Judgment. Consent by the tenant to be sued, to admit guilt, or to accept withoutquestion any judgment favoring the landlord in a lawsuit brought in connection with the lease.b. Seize or Hold Property for Rent or Other Charges. Authorization to the landlord to takeproperty of the tenant and/or hold it until the tenant meets any obligation which the landlord hasdetermined the tenant has failed to perform.c. Exculpatory Clause. Prior agreement by the tenant not to hold the landlord or landlord's agentslegally responsible for acts done improperly or for failure to act when the landlord or landlord'sagent was required to do so.d. Waiver of Legal Notice. Agreement by the tenant that the landlord need not give any notices inconnection with (1) a lawsuit against the tenant for eviction, money damages, or other purposes,or (2) any other action affecting the tenant's rights under the lease.e. Waiver of Legal Proceeding. Agreement by the tenant to allow eviction without a courtdetermination.f. Waiver of Jury Trial. Authorization to the landlord's lawyer to give up the tenant's right to trialby jury.g. Waiver of Right to Appeal Court Decision. Authorization to the landlord's lawyer to give upthe tenant's right to appeal a decision on the ground of judicial error or to give up the tenant'sright to sue to prevent a judgment being put into effect.h. Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of Lawsuit. Agreementby the tenant to pay lawyer's fees or other legal costs whenever the landlord decides to sue thetenant whether or not the tenant wins. (Omission of such a clause does not mean that the tenant,as a party to a lawsuit, may not have to pay lawyer's fees or other costs if the court so orders.)[End of clauses][44 FR 59410, Oct. 15, 1979, as amended at 61 FR 13590, Mar. 27, 1996]§ 880.607 Termination of tenancy and modification of lease.PIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 169
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Section II: Moderate Rehabilitation
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