24 C.F.R. § 886.128

Termination of tenancy

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Part 247 of this title (24 CFR part 247) applies to the termination of tenancy and eviction of a family assisted under this subpart. For cases involving termination of tenancy because of a failure to establish citizenship or eligible immigration status, the procedures of 24 CFR parts 247 and 5 shall apply. The provisions of 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), apply to this section. The provisions of 24 CFR part 5, subpart E, of this title concerning certain assistance for mixed families (families whose members include those with eligible immigration status, and those without eligible immigration status) in lieu of termination of assistance, and concerning deferral of termination of assistance, also shall apply.

[81 FR 80813, Nov. 16, 2016]

Notes of Decisions

Cited in 5 cases, 1981–1991 · leading case: Jefferson Garden Assocs. v. Greene, 520 A.2d 173 (Conn. 1987).

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Jefferson Garden Assocs. v. Greene, 520 A.2d 173 (Conn. 1987). · cites it 4× “4 (a); and (3) that same letter does not advise a tenant that he or she has ten days to present objections to eviction to management, and thus the notice fails to comply with 24 C.F.R. § 886.128 (a). Before we address each of these alleged defects, we need to identify the…”

Smith v. Hendrix, 290 S.E.2d 504 (Ga. Ct. App. 1982). · cites it 2× “The Owner shall give the Family a written notice of the proposed eviction, stating the grounds and advising the Family that it has 10 days (or such greater number, if any, that may be required by local law) within which to respond to the Owner.”

Wiggins v. United States Dep't of Hous. & Urban Dev., 523 F. Supp. 1170 (D. Maryland 1981). “18 The regulations governing evictions under the AAP which plaintiffs challenge are set out in 24 C.F.R. § 886.128 : § 886.128 Evictions.”

Walton v. Manning, 46 Fla. Supp. 2d 132 (Fla. Palm Beach Cty. Ct. 1991). “Moreover, a 10 day notice of termination is required by 24 CFR § 886.128 . Finally, the notice fails to comply with the terms of the written lease in that it fails to specify the date the agreement will be terminated.”

Walton v. Lewis, 48 Fla. Supp. 2d 208 (Fla. Palm Beach Cty. Ct. 1991). “See 24 C.F.R. 886.128 (1985). 4. Defendant failed to pay rent in October, 1990.”

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