C.F.R. » Title 24 » CHAPTER II—OFFICE OF ASSISTANT SECRETARY FOR HOUSING—FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › SUBCHAPTER B—MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES › PART 247—EVICTIONS FROM CERTAIN SUBSIDIZED AND HUD-OWNED PROJECTS › Subpart A—Subsidized Projects

24 C.F.R. § 247.6

Eviction

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(a) General. The landlord shall not evict any tenant except by judicial action pursuant to State or local law and in accordance with the requirements of this subpart.

(b) Limitations on allegations of new grounds. In any judicial action instituted to evict the tenant, the landlord must rely on grounds which were set forth in the termination notice served on the tenant under this subpart. The landlord shall not, however, be precluded from relying on grounds about which he or she had no knowledge at the time the termination notice was sent.

(c) State and local law. A tenant may rely on State or local law governing eviction procedures where such law provides the tenant procedural rights which are in addition to those provided by this subpart, except where such State or local law has been preempted under part 246 of this chapter or by other action of the United States.

[48 FR 22915, May 23, 1983. Redesignated and amended at 49 FR 6713, 6715, Feb. 23, 1984]
Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1990–2021 · leading case: Maurice Sloan II v. Goldberg B'Nai B'rith Towers, 577 S.W.3d 608 (Tex. App. 2019).
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Maurice Sloan II v. Goldberg B'Nai B'rith Towers, 577 S.W.3d 608 (Tex. App. 2019). “” 24 C.F.R. § 247.6 (c) (2019). This section makes clear that it is the procedural rights under State law that apply; it does not suggest that common law concepts of materiality should be submitted.”
Cook v. Edgewood Mgmt. Corp., 825 A.2d 939 (D.C. 2003). “Cook's contentions pertaining to the federal criminal activity regulation, 24 C.F.R. § 247.6 (c) (1989). 3 . The RDEA was re-enacted in 2000.”
Ypsilanti Hous. Comm'n v. O'Day, 618 N.W.2d 18 (Mich. Ct. App. 2000). · cites it 2× “Under 24 CFR 247.6(a), the public housing landlord must comply with state and local law in evicting a tenant, and under 24 CFR 247.”
Scarborough v. Winn Residential L.L.P., 890 A.2d 249 (D.C. 2006). “In particular, they point to 24 C.F.R. § 247.6 (c), which provides: A tenant may rely on State and local law governing eviction procedures where such law provides the tenant procedural rights which are in addition to those provided by this subpart, except where such State or…”
Presidential Vill., LLC v. Perkins, 209 A.3d 616 (Conn. 2019). “See 24 C.F.R. § 247.6 (a) (2018) ("[t]he landlord shall not evict any tenant except by judicial action pursuant to [s]tate or local law"); id.”
Greenport Preserv., L.P. v. Heyward, 74 Misc. 3d 46 (N.Y. App. Term. 2021). “2) and that 24 CFR 247.6 prohibits a landlord from "terminat[ing] any tenancy" except in accordance with the requirements of 24 CFR part 247, subpart A.”
Milwaukee City Hous. Auth. v. Felton Cobb, 2015 WI 27 (Wis. 2015). “96-16, Notice PIH 96-16(HA) (April 12, 1996); see also 24 C.F.R. § 247.6 (c). Cobb argues that Wis.”
Fairview Co. v. Idowu, 148 Misc. 2d 17 (N.Y. City Civ. Ct. 1990). · cites it 2× “6 (c) which states "A tenant may rely on State or local law governing eviction procedures where such law provides the tenant procedural rights which are in addition to those provided by this subpart, except where such State or local law has been preempted under Part 246 of this…”
Am. Apt. Mgmt. Co. v. Phillips, 653 N.E.2d 834 (Ill. App. Ct. 1995). “She also cites federal regulations governing the Section 8 Rental Assistance Program ( 24 C.F.R. § 247.6 (b)) for the same proposition.”
Palmer Gardens v. Rodgers, 2020 Ohio 5040 (Ohio Ct. App. 2020). “24 C.F.R. 247.6(b). {¶ 26} Palmer Gardens incorporated these requirements into its lease with Rodgers.”
Linares v. Jackson, 531 F. Supp. 2d 460 (E.D.N.Y 2008). “See 24 C.F.R. § 247.6 (a) ("A tenant may rely on State or local law governing eviction procedures where such law provides the tenant procedural rights which are in addition to those provided in this subpart.”
Hempstead Hous. Auth. v. Wells, 155 Misc. 2d 873 (1992). “Pursuant to 24 CFR 247.6 (c) a tenant may rely on State and local law governing the eviction procedures and, under the circumstances in this case, petitioner may rely on paragraph 11 (c) (2) of the lease which reads as follows: "11.”
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— 24 C.F.R. § 247.6(a) — 2 cases
Ypsilanti Hous. Comm'n v. O'Day, 618 N.W.2d 18 (Mich. Ct. App. 2000). “Under 24 CFR 247.6(a), the public housing landlord must comply with state and local law in evicting a tenant, and under 24 CFR 247.”
Palisades Manor Estates v. Chapman, 30 Pa. D. & C.5th 558 (2013).
— 24 C.F.R. § 247.6(b) — 2 cases
Palmer Gardens v. Rodgers, 2020 Ohio 5040 (Ohio Ct. App. 2020). “24 C.F.R. 247.6(b). {¶ 26} Palmer Gardens incorporated these requirements into its lease with Rodgers.”
Cmty. Homes of Bismarck, Inc. v. Quast, 510 N.W.2d 648 (N.D. 1994).
— 24 C.F.R. § 247.6(c) — 1 case
Ypsilanti Hous. Comm'n v. O'Day, 618 N.W.2d 18 (Mich. Ct. App. 2000). “Under 24 CFR 247.6(a), the public housing landlord must comply with state and local law in evicting a tenant, and under 24 CFR 247.”
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