C.F.R. » Title 24 » PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS › Subpart I—Preventing Crime in Federally Assisted Housing—Denying Admission and Terminating Tenancy for Criminal Activity or Alcohol Abuse

24 C.F.R. § 5.851

What authority do I have to screen applicants and to evict tenants?

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(a) Screening applicants. You are authorized to screen applicants for the programs covered by this part. The provisions of this subpart implement statutory directives that either require or permit you to take action to deny admission to applicants under certain circumstances in accordance with established standards, as described in this subpart. The provisions of this subpart do not constrain your authority to screen out applicants who you determined are unsuitable under your standards for admission.

(b) Terminating tenancy. You are authorized to terminate tenancy of tenants, in accordance with your leases and landlord-tenant law for the programs covered by this part. The provisions of this subpart implement statutory directives that either require or permit you to terminate tenancy under certain circumstances, as provided in 42 U.S.C. 1437f, 1437n, and 13662, in accordance with established standards, as described in this subpart. You retain authority to terminate tenancy on any basis that is otherwise authorized.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2017–2025 · leading case: Chateau Foghorn LP v. Hosford, 168 A.3d 824 (Md. 2017).
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Chateau Foghorn LP v. Hosford, 168 A.3d 824 (Md. 2017). · cites it 3× “24 C.F.R § 5.851(b) authorizes landlords to terminate leases in accordance with the standards set in §§ 5.”
Bostic v. Dist. of Columbia Hous. Auth., 162 A.3d 170 (D.C. 2017). “24 C.F.R. §§ 5.851 (b) (2017) (noting that property owners “retain authority to terminate tenancy on any basis that is otherwise authorized”), 982.”
Devenney v. Miller (E.D. Mich. 2025). “” 24 C.F.R. § 5.851 (2024). And there is no federal cause of action for denial of subsidized housing absent alleged discrimination, which Devenney does not allege here.”
— 24 C.F.R. § 5.851(b) — 1 case
Chateau Foghorn LP v. Hosford, 168 A.3d 824 (Md. 2017). “24 C.F.R § 5.851(b) authorizes landlords to terminate leases in accordance with the standards set in §§ 5.”
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