1、450 24 CFR Ch. II (4111 Edition) Pt. 247 PART 247EVICTIONS FROM CER-TAIN SUBSIDIZED AND HUD- OWNED PROJECTS Subpart ASubsidized Projects Sec. 247.1 Applicability. 247.2 Definitions. 247.3 Entitlement of tenants to occupancy. 247.4 Termination notice. 247.5 Inapplicability to substantial rehabili-tat
2、ion or demolition. 247.6 Eviction. 247.7 Implementation. Subpart BHUD-Owned Projects 247.8 Incorporation by reference. 247.9 Applicability of procedures. 247.10 Inapplicability to substantial reha-bilitation or demolition; right of disposi-tion unimpaired. AUTHORITY: 12 U.S.C. 1701q, 1701s, 1715b, 1
3、715l, and 1715z1; 42 U.S.C. 1437a, 1437c, 1437f, and 3535(d). SOURCE: 41 FR 43330, Sept. 30, 1976, unless otherwise noted. Redesignated at 49 FR 6713, Feb. 23, 1984. Subpart ASubsidized Projects 247.1 Applicability. Except as provided in 247.5 and 247.6(c), the provisions of this subpart shall apply
4、 to all decisions by a land-lord to terminate the occupancy of a tenant in a subsidized project as de-fined in 247.2(e). (Termination of ten-ancy of a family assisted with tenant- based assistance under the Section 8 Existing Housing Certificate or Hous-ing Voucher Program is not subject to this par
5、t.) 54 FR 236, Jan. 4, 1989 247.2 Definitions. Drug-related criminal activity means the illegal manufacture, sale, distribu-tion, use or possession with the intent to manufacture, sell, distribute, or use, of a controlled substance as defined in section 102 of the Controlled Sub-stances Act, 21 U.S.
6、C. 802. Eviction means the dispossession of the tenant from the leased unit as a re-sult of the termination of the tenancy, including a termination prior to the end of a term or at the end of a term. Landlord means either the owner of the property or his representative, or the managing agent or his
7、representa-tive, as shall be designated by the owner. Rental agreement means all agree-ments, written or oral, between the landlord and tenant (and valid rules and regulations adopted by the land-lord pursuant to a written agreement) relating to the use and occupancy of a dwelling unit and surroundi
8、ng prem-ises. State landlord and tenant act means any state statute or local ordinance which imposes obligations on a land-lord and tenant in connection with the occupancy of a dwelling unit and sur-rounding premises and which provides that violations of such obligations by the tenant constitute gro
9、unds for evic-tion. Subsidized project means a multi-family housing project (with the excep-tion of a project owned by a coopera-tive housing mortgagor corporation or association) that receives the benefit of subsidy in the form of: below-market interest rates under section 221(d) (3) and (5), inter
10、est reduction payments under section 236 of the National Hous-ing Act, or below market interest rate direct loans under section 202 of the Housing Act of 1959. For purposes of this part, subsidized project also in-cludes those units in a housing project that receive the benefit of: (1) Rental subsid
11、y in the form of rent supplement payments under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s); or (2) Housing assistance payments for project-based assistance under Section 8 of the 1937 Act (42 U.S.C. 1437f). How-ever, this part is not applicable to Sec-tion 8 proje
12、ct-based assistance under parts 880, 881, 883 and 884 of this title (except as specifically provided in those parts). 41 FR 43330, Sept. 30, 1976. Redesignated at 49 FR 6713, Feb. 23, 1984, and amended at 53 FR 3368, Feb. 5, 1988; 54 FR 236, Jan. 4, 1989; 61 FR 47381, Sept. 6, 1996; 66 FR 28797, May
13、 24, 2001 247.3 Entitlement of tenants to occu- pancy. (a) General. The landlord may not terminate any tenancy in a subsidized VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00460 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for Res
14、aleNo reproduction or networking permitted without license from IHS-,-,-451 Office of Assistant Secretary for Housing, HUD 247.4 project except upon the following grounds: (1) Material noncompliance with the rental agreement, (2) Material failure to carry out obli-gations under any state landlord an
15、d tenant act, (3) Criminal activity by a covered person in accordance with sections 5.858 and 5.859, or alcohol abuse by a covered person in accordance with sec-tion 5.860. If necessary, criminal records can be obtained for lease en-forcement purposes under section 5.903(d)(3). (4) Other good cause.
16、 No termination by a landlord under paragraph (a)(1) or (2) of this section shall be valid to the extent it is based upon a rental agreement or a provision of state law permitting termination of a tenancy without good cause. No ter-mination shall be valid unless it is in accordance with the provisio
17、ns of 247.4. (b) Notice of good cause. The conduct of a tenant cannot be deemed other good cause under 247.3(a)(4) unless the landlord has given the tenant prior no-tice that said conduct shall henceforth constitute a basis for termination of occupancy. Said notice shall be served on the tenant in t
18、he same manner as that provided for termination notices in 247.4(b). (c) Material noncompliance. The term material noncompliance with the rental agreement includes: (1) One or more substantial viola-tions of the rental agreement; (2) Repeated minor violations of the rental agreement that: (i) Disrup
19、t the livability of the project, (ii) Adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the leased premises and related project fa-cilities, (iii) Interfere with the management of the project, or (iv) Have an adverse financial effect on the proj
20、ect; (3) If the tenant: (i) Fails to supply on time all re-quired information on the income and composition, or eligibility factors, of the tenant household, as provided in 24 CFR part 5; or (ii) Knowingly provides incomplete or inaccurate information as required under these provisions; and (4) Non-
21、payment of rent or any other financial obligation due under the rent-al agreement (including any portion thereof) beyond any grace period per-mitted under State law, except that the payment of rent or any other finan-cial obligation due under the rental agreement after the due date, but with-in the
22、grace period permitted under State law, constitutes a minor viola-tion. (Approved by the Office of Management and Budget under control number 25020204) 41 FR 43330, Sept. 30, 1976. Redesignated at 49 FR 6713, Feb. 23, 1984, and amended at 54 FR 39697, Sept. 27, 1989; 56 FR 7531, Feb. 22, 1991; 61 FR
23、 13624, Mar. 27, 1996; 61 FR 47382, Sept. 6, 1996; 66 FR 28797, May 24, 2001 247.4 Termination notice. (a) Requisites of Termination Notice. The landlords determination to termi-nate the tenancy shall be in writing and shall: (1) State that the tenancy is terminated on a date specified therein; (2)
24、state the reasons for the landlords action with enough specificity so as to enable the tenant to prepare a defense; (3) advise the tenant that if he or she remains in the leased unit on the date specified for termination, the landlord may seek to enforce the termination only by bringing a judicial a
25、ction, at which time the tenant may present a defense; and (4) be served on the tenant in the manner prescribed by paragraph (b) of this section. (b) Manner of service. The notice pro-vided for in paragraph (a) of this sec-tion shall be accomplished by: (1) Send-ing a letter by first class mail, pro
26、perly stamped and addressed, to the tenant at his or her address at the project, with a proper return address, and (2) serving a copy of the notice on any adult person answering the door at the leased dwelling unit, or if no adult re-sponds, by placing the notice under or through the door, if possib
27、le, or else by affixing the notice to the door. Service shall not be deemed effective until both notices provided for herein have been accomplished. The date on which the notice shall be deemed to be re-ceived by the tenant shall be the date on which the first class letter provided VerDate Mar2010 1
28、0:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00461 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-452 24 CFR Ch. II (4111 Edition) 247.5 for in this paragraph is mailed,
29、or the date on which the notice provided for in this paragraph is properly given, whichever is later. (c) Time of service. When the termi-nation of the tenancy is based on other good cause pursuant to 247.3(a)(4), the termination notice shall be effective, and the termination notice shall so state,
30、at the end of a term and in ac-cordance with the termination provi-sions of the rental agreement, but in no case earlier than 30 days after re-ceipt of the tenant of the notice. Where the termination notice is based on ma-terial noncompliance with the rental agreement or material failure to carry ou
31、t obligations under a state landlord and tenant act pursuant to 247.3(a)(1) or (2), the time of service shall be in accord with the rental agreement and state law. (d) Modification of rental agreement. Notwithstanding any other provision of this subpart, the landlord may with the prior approval of H
32、UD modify the terms and conditions of the rental agreement, effective at the end of the initial term or a successive term, by serving an appropriate notice on the tenant, together with the tender of a revised rental agreement or an adden-dum revising the existing rental agree-ment: Any increase in r
33、ent shall in all cases be governed by 24 CFR parts 245, 246 and other applicable HUD regula-tions. This notice and tender shall be served on the tenant in the same man-ner as provided for in 247.4(b) and must be received by the tenant at least 30 days prior to the last date on which the tenant has t
34、he right to terminate the tenancy without being bound by the codified terms and conditions. The tenant may accept the modified terms and conditions by executing the ten-dered revised rental agreement or ad-dendum, or may reject the modified terms and conditions by giving the landlord written notice
35、in accordance with the rental agreement that he in-tends to terminate the tenancy. (e) Specificity of notice in rent non-payment cases. In any case in which a tenancy is terminated because of the tenants failure to pay rent, a notice stating the dollar amount of the bal-ance due on the rent account
36、and the date of such computation shall satisfy the requirement of specificity set forth in paragraph (a)(2) of this section. (f) Failure of tenant to object. The fail-ure of the tenant to object to the ter-mination notice shall not constitute a waiver of his rights to thereafter con-test the landlor
37、ds action in any judi-cial proceeding. 41 FR 43330, Sept. 30, 1976, as amended at 48 FR 22915, May 23, 1983. Redesignated at 49 FR 6713, Feb. 23, 1984, as amended at 61 FR 47382, Sept. 6, 1996 247.5 Inapplicability to substantial rehabilitation or demolition. This subpart shall not apply in any case
38、 in which the landlord terminates the occupancy of a tenant as a direct result of a determination, concurred in by HUD, to substantially rehabilitate or demolish the project or to dispose of the project to a purchaser who pur-chases for the purpose of substantial rehabilitation or demolition. 247.6
39、Eviction. (a) General. The landlord shall not evict any tenant except by judicial ac-tion pursuant to State or local law and in accordance with the requirements of this subpart. (b) Limitations on allegations of new grounds. In any judicial action insti-tuted to evict the tenant, the landlord must r
40、ely on grounds which were set forth in the termination notice served on the tenant under this subpart. The landlord shall not, however, be pre-cluded from relying on grounds about which he or she had no knowledge at the time the termination notice was sent. (c) State and local law. A tenant may rely
41、 on State or local law governing eviction procedures where such law provides the tenant procedural rights which are in addition to those provided by this subpart, except where such State or local law has been preempted under part 246 of this chapter or by other action of the United States. 48 FR 229
42、15, May 23, 1983. Redesignated and amended at 49 FR 6713, 6715, Feb. 23, 1984 247.7 Implementation. Every rental agreement entered into or renewed on and after the date on which this subpart is applicable to such VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00462 Fmt 8010 Sfmt 8010 Y:S
43、GML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-453 Office of Assistant Secretary for Housing, HUD Pt. 248 tenant shall contain appropriate provi-sions implementing this subpart. Subpart BHU
44、D-Owned Projects 247.8 Incorporation by reference. All of the provisions of subpart A of this part covering certain multifamily projects (excepting 247.5) apply with full force to the property described in 247.9 and they are hereby incorporated by reference. 247.9 Applicability of procedures. The pr
45、ocedures outlined in this subpart apply to all decisions to terminate the occupancy of a tenant by the termi-nation of a lease prior to the end of its term or at the end of a term where the tenant resides in any multifamily project which is presently owned by HUD, regardless of whether said project
46、was a subsidized project prior to the acquisition of title by HUD. 247.10 Inapplicability to substantial rehabilitation or demolition; right of disposition unimpaired. This subpart shall not apply in any case in which HUD terminates the oc-cupancy of a tenant as a direct result of a determination by
47、 HUD to substan-tially rehabilitate or demolish the project or to dispose of the project to a purchaser who purchases for the pur-pose of substantial rehabilitation or demolition. Nothing in this subpart should be construed to affect in any way the right of HUD to exercise its full statutory authori
48、ty and discretion to dispose of property acquired pursu-ant to the National Housing Act. PART 248PREPAYMENT OF LOW INCOME HOUSING MORTGAGES Subpart AGeneral Sec. 248.1 Purpose. 248.3 Applicability. 248.5 Election to proceed under subpart B or subpart C of this part. Subpart BPrepayments and Plans of
49、 Ac-tion Under the Low Income Housing Preservation and Resident Homeown-ership Act of 1990 248.101 Definitions. 248.103 General prepayment limitation. 248.105 Notice of intent. 248.111 Appraisal and preservation value of eligible low income housing. 248.121 Annual authorized return and aggre-gate preservation rents. 248.123 Determination of Federal cost limit. 248.127 Limitations on action pursuant to Federal cost limit. 248.131 Information
