24 C.F.R. § 203.670

Conveyance of occupied property

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(a) It is HUD's policy to reduce the inventory of acquired properties in a manner that expands homeownership opportunities, strengthens neighborhoods and communities, and ensures a maximum return to the mortgage insurance fund.

(b) The Secretary will accept conveyance of an occupied property containing one to four residential units if the Secretary finds that:

(1) An individual residing in the property suffers from a temporary, permanent, or long-term illness or injury that would be aggravated by the process of moving from the property, and that the individual meets the eligibility criteria in § 203.674(a);

(2) State or local law prohibits the mortgagee from evicting a tenant residing in the property who is making regular monthly payments to the mortgagor, or prohibits eviction for other similar reasons beyond the control of the mortgagee; or

(3) It is in the Secretary's interest to accept conveyance of the property occupied under § 203.671, the property is habitable as defined in § 203.673, and, except for conveyances under § 203.671(d), each occupant who intends to remain in the property after the conveyance meets the eligibility criteria in § 203.674(b).

(c) HUD consents to accept good marketable title to occupied property where 90 days have elapsed since the mortgagee notified HUD of pending acquisition, the Department has notified the mortgagee that it was considering a request for continued occupancy, and no subsequent notification from HUD has been received by the mortgagee.

[53 FR 874, Jan. 14, 1988, as amended at 56 FR 46967, Sept. 16, 1991; 58 FR 54246, Oct. 20, 1993; 61 FR 36266, July 9, 1996]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1985–2024 · leading case: Estep v. Manley Deas Kochalski, LLC, 942 F. Supp. 2d 758 (S.D. Ohio 2013).

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Estep v. Manley Deas Kochalski, LLC, 942 F. Supp. 2d 758 (S.D. Ohio 2013). · cites it 4× “” 24 C.F.R. § 203.670 . HUD usually requires that any property conveyed to it be conveyed vacant unless the occupant makes a timely request for permission to continue to occupy the property.”

Rowe v. Pierce, 622 F. Supp. 1030 (D.D.C. 1985). · cites it 2× “24 C.F.R. § 203.670 . After accepting ownership of the property, HUD notified the plaintiff that HUD regulations required that they sign a HUD lease as a condition of continued occupancy.”

Elite Real Est. & Prof'l v. Rice Harris (E.D. Mich. 2024). · cites it 3× “100 and 24 C.F.R. §§ 203.670 , 671, 674. HUD argues that none of these regulations required HUD to take any action in this case and none of them allow HUD to intervene in an eviction action between private parties.”

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