C.F.R. » Title 24 » CHAPTER IX—OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 966—PUBLIC HOUSING LEASE AND GRIEVANCE PROCEDURE › Subpart A—Dwelling Leases, Procedures and Requirements

24 C.F.R. § 966.6

Prohibited lease provisions

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Lease clauses of the nature described below shall not be included in new leases between a PHA and a tenant and shall be deleted from existing leases either by amendment thereof or execution of a new lease:

(a) Confession of judgment. Prior consent by the tenant to any lawsuit the landlord may bring against him in connection with the lease and to a judgment in favor of the landlord.

(b) Distraint for rent or other charges. Agreement by the tenant that landlord is authorized to take property of the tenant and hold it as a pledge until the tenant performs the obligation which the landlord has determined the tenant has failed to perform.

(c) Exculpatory clauses. Agreement by the tenant not to hold the landlord or landlord's agent liable for any acts or omissions whether intentional or negligent on the part of the landlord or the landlord's authorized representatives or agents.

(d) Waiver of legal notice by tenant prior to actions for eviction or money judgments. Agreements by the tenant that the landlord may institute suit without any notice to the tenant that the suit has been filed, thus preventing the tenant from defending against the lawsuit.

(e) Waiver of legal proceedings. Authorization to the landlord to evict the tenant or hold or sell the tenant's possessions whenever the landlord determines that a breach or default has occurred without notice to the tenant or any determination by a court of the rights and liabilities of the parties.

(f) Waiver of jury trial. Authorization of the landlord's lawyer to appear in court for the tenant and waive the right to a trial by jury.

(g) Waiver of right to appeal judicial error in legal proceeding. Authorization to the landlord's lawyer to waive the right to appeal for judicial error in any suit or to waive the right to file a suit in equity to prevent the execution of a judgment.

(h) Tenant chargeable with cost of legal actions regardless of outcome. Provision that the tenant agrees to pay attorney's fees or other legal costs whenever the landlord decides to take action against the tenant even though the court determines that the tenant prevails in the action. Prohibition of this type of provision does not mean that the tenant as a party to the lawsuit may not be obligated to pay attorney's fees or other costs if he loses the suit.

Notes of Decisions
Cited in 10 cases, 1989–2016 · leading case: Sager v. Housing Commission
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Sager v. Housing Commission (2012) mdd · cites it 6× “” 24 C.F.R. § 966.6 (a) (italics omitted). 36 The problem with plaintiffs claim is that, as the Commission correctly points out, Motion at 8, the Lease provision at issue does not constitute a confession of judgment.”
Kitsap County Consolidated Housing Authority v. Kimbra Henry-levingston (2016) washctapp · cites it 4× “Under 24 C.F.R. § 966.6 (d), PHAs cannot include in their leases any provisions allowing the PHA to “institute suit without any notice .”
Brattleboro Housing Authority v. Parker (In Re Parker) (2001) vtd · cites it 3× “” 24 C.F.R. § 966.6 (h)(2001). As interpreted by BHA, the lease’s automatic imposition of attorney’s fees upon the filing of a lawsuit violates this regulation.”
Housing and Redevelopment Authority of Duluth v. Brian Lee (2014) minn “The Guidebook states that “[bjeyond the prohibited provisions established by” federal law, see 24 C.F.R. § 966.6 (2013), state laws “may establish additional prohibited provisions” and “prohibit other types of lease clauses.”
TURQUOISE WYLIE v. GLENNCREST. (2016) dc “” See also 24 C.F.R. § 966.6 (d) (prohibiting inclusion of lease provisions waiving such notice).”
Housing Authority v. Asana (2000) orctapp · cites it 5× “24 CFR § 966.6 (1997) provides, in relevant part: “Lease clauses of the nature described below shall not be included in new leases between a [Public Housing Authority] and a tenant and shall be deleted from existing leases either by amendment thereof or execution of a new lease:…”
Bell v. Philadelphia Housing Authority (In Re Bell) (1989) paeb “24 C.F. R. §§ 966.6(a), (d), (e). The aforesaid Regulations are also relevant in discounting the significance of a crucial distinction made here by Simpson, 1.”
Miles v. Metropolitan Dade County (1990) ca11 · cites it 2× “24 C.F.R. § 966.6 (h) (1989). Thus, while section 966.”
In Re Stoltz (1998) vtb “24 C.F.R. § 966.6 . In fact, the Code of Federal Regulations section pertaining to grounds for renewal speaks directly to this issue.”
Metropolitan Dade County v. Dansey (1990) flactyct “For example, 24 C.F.R. § 966.6 (e) states that public housing landlords may not include in their lease a provision that would waive legal proceedings under state law for eviction actions.”
— 24 C.F.R. § 966.6(a) — 1 case
Bell v. Philadelphia Housing Authority (In Re Bell) (1989) paeb “24 C.F. R. §§ 966.6(a), (d), (e). The aforesaid Regulations are also relevant in discounting the significance of a crucial distinction made here by Simpson, 1.”
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