(a) Initial term of lease. (1) Except as provided in paragraph (a)(2) of this section, the initial lease term must be for at least one year.
(2) The PHA may approve a shorter initial lease term if the PHA determines that:
(i) Such shorter term would improve housing opportunities for the tenant; and
(ii) Such shorter term is the prevailing local market practice.
(3) During the initial term of the lease, the owner may not raise the rent to owner.
(4) The PHA may execute the HAP contract even if there is less than one year remaining from the beginning of the initial lease term to the end of the last expiring funding increment under the consolidated ACC.
(b) Term of HAP contract. (1) The term of the HAP contract begins on the first day of the lease term and ends on the last day of the lease term.
(2) The HAP contract terminates if any of the following occurs:
(i) The lease is terminated by the owner or the tenant;
(ii) The PHA terminates the HAP contract; or
(iii) The PHA terminates assistance for the family.
(c) Family responsibility. (1) If the family terminates the lease on notice to the owner, the family must give the PHA a copy of the notice of termination at the same time. Failure to do this is a breach of family obligations under the program.
(2) The family must notify the PHA and the owner before the family moves out of the unit. Failure to do this is a breach of family obligations under the program.
[64 FR 26645, May 14, 1999]
Notes of Decisions
Columbus Park Hous. Corp. v. City of Kenosha, 2003 WI 143 (Wis. 2003).
· cites it 6× “307 (b)(2); (3) receives a copy of a notice of termination of the lease from the family, 24 C.F.R. § 982.309 (d)(2); (4) may determine the composition of a family that will receive housing assistance for rental unit, 24 C.”
Wasatch Prop. Mgmt. v. Degrate, 112 P.3d 647 (Cal. 2005).
· cites it 2× “” ( 24 C.F.R. § 982.309 (b)(2)(i) (2004).) The terms of the HAP contract here reflect this: “[t]he HAP contract terminates automatically if the lease is terminated by the owner or the tenant.”
Theodore Hayes v. Philip Harvey, 874 F.3d 98 (3rd Cir. 2017).
· cites it 2× “The proposed rule would amend 24 C.F.R. § 982.309 to add a paragraph acknowledging enhanced-voucher tenants’ right to remain absent “repeated lease violation or other good cause.”
Carter v. Maryland Mgmt. Co., 835 A.2d 158 (Md. 2003).
“See 60 FR 34660 (July 3, 1995) adopting new 24 C.F.R. § 982.309 . Those regulations required the lease to be for an initial term of at least one year and to provide either “[f|or automatic renewal for successive definite terms (e.”
Hous. Resource Grp. v. Price, 958 P.2d 327 (Wash. Ct. App. 1998).
“To support his position, he cites 24 C.F.R. § 982.309 (e)(2): (e) New lease or revision.”
Jackson v. Jacobs, 971 F. Supp. 560 (N.D. Ga. 1997).
· cites it 3× “This fact would comport with HUD’s regulations regarding Section 8 leases, which state in relevant part that “[t]he lease must provide for automatic renewal after the initial term of the lease,” 24 C.F.R. § 982.309 (b)(2). While Defendant Jacobs testified that it is the policy…”
Grady Mgmt., Inc. v. Epps, 98 A.3d 457 (Md. Ct. Spec. App. 2014).
“See 60 FR 34660 (July 3, 1995) adopting new 24 C.F.R. § 982.309 . Those regulations required the lease to be for an initial term of at least one year and to provide either “[f]or automatic renewal for successive definite terms (e.”
Hous. Resource Grp. v. Price, 958 P.2d 327 (Wash. Ct. App. 1998).
“To support his position, he cites 24 C.F.R. § 982.309 (e)(2): (e) New lease or revision.”
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