7 C.F.R. § 3560.159

Termination of occupancy

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(a) Tenants in violation of lease. Borrowers, in accordance with lease agreements, may terminate or refuse to renew a tenant's lease only for material non-compliance with the lease provisions, material non-compliance with the occupancy rules, or other good causes. Prior to terminating a lease, the borrower must give the tenant written notice of the violation and give the tenant an opportunity to correct the violation. Subsequently, termination may only occur when the incidences related to the termination are documented and there is documentation that the tenant was given notice prior to the initiation of the termination action that their activities would result in occupancy termination.

(1) Material non-compliance with lease provisions or occupancy rules, for purposes of occupancy termination by a borrower, includes actions such as:

(i) Violations of lease provisions or occupancy rules that are substantial and/or repeated;

(ii) Non-payment or repeated late payment of rent or other financial obligations due under the lease or occupancy rules; or

(iii) Admission to or conviction for use, attempted use, possession, manufacture, selling, or distribution of an illegal controlled substance when such activity occurred on the housing project's premises by the tenant, a member of the tenant's household, a guest of the tenant, or any other person under the tenant's control at the time of the activity.

(2) Good causes, for purposes of occupancy terminations by a borrower, include actions such as:

(i) Actions by the tenant or a member of the tenant's household which disrupt the livability of the housing by threatening the health and safety of other persons or the right of other persons to enjoyment of the premises and related facilities;

(ii) Actions by the tenant or a member of the tenant's household which result in substantial physical damage causing an adverse financial effect on the housing or the property of other persons; or

(iii) Actions prohibited by state and local laws.

(b) Lease expiration or tenant eligibility. A tenant's occupancy in an Agency-financed housing project may not be terminated by a borrower when the lease agreement expires unless the tenant's actions meet the conditions described in paragraph (a) of this section, or the tenant is no longer eligible for occupancy in the housing. Borrowers must handle terminations of occupancy due to a change in tenant eligibility status in accordance with § 3560.158. At a minimum, the occupancy termination notice must include the following information:

(1) A specific date by which lease termination will occur;

(2) A statement of the basis for lease termination with specific reference to the provisions of the lease or occupancy rules that, in the borrower's judgment, have been violated by the tenant in a manner constituting material non-compliance or good cause; and

(3) A statement explaining the conditions under which the borrower may initiate judicial action to enforce the lease termination notice.

(c) Other terminations. Should occupancy be terminated due to conditions which are beyond the control of the tenant, such as a condition related to required repair or rehabilitation of the building, or a natural disaster, and prior to expiration of the disaster declaration, the tenants who are affected by such a circumstance are entitled to benefits under the Uniform Relocation Act and may request a Letter of Priority Entitlement (LOPE) from the Agency. If tenants need additional time to secure replacement housing, the Agency may, at the tenant's request, extend the LOPE entitlement period.

(d) Criminal activity. Borrowers may terminate tenancy for criminal activity or alcohol abuse by household members in accordance with the provisions of 24 CFR 5.858, 5.859, 5.860, and 5.861.

[69 FR 69106, Nov. 26, 2004, as amended at 87 FR 11282, Mar. 1, 2022; 89 FR 20543, Mar. 25, 2024; 91 FR 9137, Feb. 25, 2026]

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 2006–2026 · leading case: DBSI/TRI IV Ltd. P'ship v. United States, 465 F.3d 1031 (9th Cir. 2006).

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DBSI/TRI IV Ltd. P'ship v. United States, 465 F.3d 1031 (9th Cir. 2006). “However, it is also undisputed that Section 515 offers procedural safeguards and statutory protections that are unavailable under Section 8. For example; at the end of a lease under Section 8, the landlord may refuse to renew the lease consistent with state law, generally for no…”

Woodridge Homes Ltd. P'ship v. Gregory, 697 S.E.2d 370 (N.C. Ct. App. 2010). “” Thus, Plaintiff would have been required to demonstrate adequate cause consistently with 7 C.F.R. § 3560.159 (a), in order to refrain from renewing the lease.”

Hinckley Square Assocs. v. Leah D. Cervene, 871 N.W.2d 426 (Minn. Ct. App. 2015). “7 C.F.R. § 3560.159 (a)(l)(ii). In August of 2014, Cervene started a job and her income increased.”

Nor'West Vill., V Traci Schuler (Wash. Ct. App. 2026). · cites it 4× “60212-1-II carried out in accordance with 7 C.F.R. 3560.159, State and local law, and the terms of this Lease.”

CBM Grp., Inc. v. Llamas, 219 Cal. Rptr. 3d 683 (Cal. Super. Ct. 2017). · cites it 3× “" ( 7 C.F.R. § 3560.159 , subd. (a).) However, "Prior to terminating a lease, the borrower must give the tenant written notice of the violation and give the tenant an opportunity to correct the violation .”

Tamerlane & Tamerlane III Vs. Andrea Hollis (lt-001828-17, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). · cites it 2× “A-3788-16T3 5 Defendant argues the trial court lacked jurisdiction because the plaintiff failed to send a notice of violation to defendant in violation of the lease and 7 C.F.R. § 3560.159 (a) (2004). Defendant further argues 7 C.”

The CBM Grp. v. Llamas (Cal. Ct. App. 2017). “” ( 7 C.F.R. § 3560.159 , subd. (a) (2)(i).) Here, the lease agreement did state that the lease could be terminated for criminal activity or use of illegal substances on the premises.”

Country Vil. Assoc. v. Milhaven (N.Y. App. Term. 2020). “ncy is governed by the rules of the United States Department of Agriculture Rural Development Program ( see 7 CFR part 3560), landlord was required, in this holdover proceeding, to establish that its refusal to renew tenant's lease was based on tenant's "material non-compliance…”

Watson v. Vici Cmty. Dev. Corp (W.D. Okla. 2021). “§ 9058 (c), and the USDA’s regulations, 7 C.F.R. §§ 3560.159 and 3560.160. With respect to the CARES Act violation, Watson claims that defendants failed to provide the mandatory 30-day written notice prior to filing the eviction action filed on August 24, 2020.”

Watson v. Vici Cmty. Dev. Corp (W.D. Okla. 2022). “(f)(2)(C), and Watson’s request for declaratory relief for alleged violations of the United States Department of Agriculture’s regulations, 7 C.F.R. § 3560.159 and 7 C.F.R. § 350.160 .”

Country Vil. Assoc. v. Milhaven, 67 Misc. 3d 143(A) (N.Y. App. Term. 2020). “ncy is governed by the rules of the United States Department of Agriculture Rural Development Program ( see 7 CFR part 3560), landlord was required, in this holdover proceeding, to establish that its refusal to renew tenant's lease was based on tenant's "material non-compliance…”

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