Termination by Tenant The family may terminate the lease at any time, for any reason, by following the notification procedures as outlined in the lease. Such notice must be in writing and delivered to the project office or the PHA central office or sent by pre-paid first-class mail, properly addressed. If a family desires to move and terminate their tenancy with the PHA, they must give at least 14 calendar days advance written notice to the PHA of their intent to vacate. When a family must give less than 14 days' notice due to circumstances beyond their control the PHA, at its discretion, may waive the 14-day requirement. The notice of lease termination must be signed by the head of household, spouse, or co-head.
Termination by PHA - Mandatory HUD requires the PHA to terminate the lease in certain circumstances. In other circumstances HUD requires the PHA to establish provisions for lease termination, but it is still a PHA option to determine, on a case-by-case basis, whether termination is warranted. For those tenant actions or failures to act where HUD requires termination, the PHA has no such option. In those cases, the family's lease must be terminated.
FAILURE TO PROVIDE CONSENT The PHA must terminate the lease if any family member fails to sign and submit any consent form s/he is required to sign for any reexamination.
FAILURE TO DOCUMENT CITIZENSHIP The PHA must terminate the lease if (1) a family fails to submit required documentation within the required time-frame concerning any family member's citizenship or immigration status; (2) a family submits evidence of citizenship and eligible immigration status in a timely manner, but United States Citizenship and Immigration Services (USCIS) primary and secondary verification does not verify eligible immigration status of the family, resulting in no eligible family members; or (3) a family member, as determined by the PHA, has knowingly permitted another individual who is not eligible for assistance to reside (on a permanent basis) in the unit. For (3), such termination must be for a period of at least 24 months. This does not apply to ineligible non-citizens already in the household where the family's assistance has been prorated.
FAILURE TO DISCLOSE AND DOCUMENT SOCIAL SECURITY NUMBERS The PHA must terminate assistance if a participant family fails to disclose the complete and accurate social security numbers of each household member and the documentation necessary to verify each social security number. However, if the family is otherwise eligible for continued program assistance, and the PHA determines that the family's failure to meet the SSN disclosure and documentation requirements was due to circumstances that could not have been foreseen and were outside of the family's control, the PHA may defer the family's termination and provide the opportunity to comply with the requirement within a period not to exceed 90 calendar days from the date the PHA determined the family to be non-compliant. The PHA will defer the family's termination and provide the family with the opportunity to comply with the requirement for a period of 90 calendar days for circumstances beyond the participant's control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency, if there is a reasonable likelihood that the participant will be able to disclose an SSN by the deadline.
FAILURE TO ACCEPT THE PHA'S OFFER OF A LEASE REVISION The PHA must terminate the lease if the family fails to accept the PHA's offer of a lease revision to an existing lease, provided the PHA has done the following:
The revision is on a form adopted by the PHA in accordance with 24 CFR 966.3 pertaining to requirements for notice to tenants and resident organizations and their opportunity to present comments.
The PHA has made written notice of the offer of the revision at least 60 calendar days before the lease revision is scheduled to take effect.
The PHA has specified in the offer a reasonable time limit within that period for acceptance by the family.
METHAMPHETAMINE CONVICTION The PHA must immediately terminate the lease if the PHA determines that any household member has ever been convicted of the manufacture or production of methamphetamine on the premises of federally-assisted housing.
NONCOMPLIANCE WITH COMMUNITY SERVICE REQUIREMENTS The PHA is prohibited from renewing the lease at the end of the 12 month lease term when the family fails to comply with the community service requirements.
DEATH OF A SOLE FAMILY MEMBER The PHA must immediately terminate program assistance for deceased single member households.
Termination by PHA - Other Authorized Reasons Besides requiring PHAs to terminate the lease under the circumstances described above, HUD requires the PHA to establish provisions in the lease for termination pertaining to certain criminal activity, alcohol abuse, and certain household obligations stated in the regulations. While these provisions for lease termination must be in the lease agreement, HUD does not require PHAs to terminate for such violations in all cases. The PHA has the discretion to consider circumstances surrounding the violation or, in applicable situations, whether the offending household member has entered or completed rehabilitation, and the PHA may, as an alternative to termination, require the exclusion of the culpable household member. The PHA must make policy decisions concerning these options.
For a full overview of the Lease Termination policy, please visit our office at 450 Walker Street, Cleveland TN 37311.