1、452 24 CFR Ch. IX (4111 Edition) Pt. 966 rooms, community rooms, day care centers, hallways, stairwells, and other common areas. (b) Acceptability criteria. (1) The smoke detector for each individual unit must be located, to the extent practicable, in a hallway adjacent to the bedroom or bedrooms. I
2、n units oc-cupied by hearing-impaired residents, hard-wired smoke detectors must be connected to an alarm system designed for hearing-impaired persons and in-stalled in the bedroom or bedrooms oc-cupied by the hearing-impaired resi-dents. Individual units that are jointly occupied by both hearing an
3、d hearing- impaired residents must be equipped with both audible and visual types of alarm devices. (2) If needed, battery-operated smoke detectors, except in units occupied by hearing-impaired residents, may be in-stalled as a temporary measure where no detectors are present in a unit. Temporary ba
4、ttery-operated smoke de-tectors must be replaced with hard- wired electric smoke detectors in the normal course of a PHAs planned CIAP or CGP program to meet the re-quired HUD Modernization Standards or state or local codes, whichever standard is stricter. Smoke detectors for units occupied by heari
5、ng-impaired residents must be installed in accord-ance with the acceptability criteria in paragraph (b)(1) of this section. (c) Funding. PHAs shall use operating funds to provide battery-operated smoke detectors in units that do not have any smoke detector in place. If operating funds or reserves ar
6、e insuffi-cient to accomplish this, PHAs may apply for emergency CIAP funding. The PHAs may apply for CIAP or CGP funds to replace battery-operated smoke detectors with hard-wired smoke detectors in the normal course of a planned modernization program. PART 966PUBLIC HOUSING LEASE AND GRIEVANCE PROC
7、EDURE Subpart ADwelling Leases, Procedures and Requirements Sec. 966.1 Purpose and applicability. 966.2 Definitions. 966.3 Tenants opportunity for comment. 966.4 Lease requirements. 966.5 Posting of policies, rules and regula-tions. 966.6 Prohibited lease provisions. 966.7 Accommodation of persons w
8、ith dis-abilities. Subpart BGrievance Procedures and Requirements 966.50 Purpose and scope. 966.51 Applicability. 966.52 Requirements. 966.53 Definitions. 966.54 Informal settlement of grievance. 966.55 Procedures to obtain a hearing. 966.56 Procedures governing the hearing. 966.57 Decision of the h
9、earing officer or hearing panel. AUTHORITY: 42 U.S.C. 1437d and 3535(d). Subpart ADwelling Leases, Procedures and Requirements SOURCE: 40 FR 33402, Aug. 7, 1975, unless otherwise noted. Redesignated at 49 FR 6714, Feb. 23, 1984. 966.1 Purpose and applicability. (a) This part is applicable to public
10、housing. (b) Subpart A of this part prescribes the provisions that must be incor-porated in leases for public housing dwelling units. (c) Subpart B of this part prescribes public housing grievance hearing re-quirements. 66 FR 28802, May 24, 2001 966.2 Definitions. The following terms are defined in
11、part 5, subpart A of this title: 1937 Act, covered person, drug, drug-related crimi-nal activity, federally assisted housing, guest, household, HUD, other person under the tenants control, public hous-ing, premises, public housing agency, Sec-tion 8, violent criminal activity. 66 FR 28802, May 24, 2
12、001 966.3 Tenants opportunity for com-ment. Each PHA shall provide at least 30 days notice to tenants and resident or-ganizations setting forth proposed changes in the lease form used by the PHA, and providing an opportunity to present written comments. Subject to requirements of this rule, comments
13、 submitted shall be considered by the VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00462 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-453 Asst. Secry., for Pub
14、lic and Indian Housing, HUD 966.4 PHA before formal adoption of any new lease form. 56 FR 51576, Oct. 11, 1991 966.4 Lease requirements. A lease shall be entered into between the PHA and each tenant of a dwelling unit which shall contain the provisions described hereinafter. (a) Parties, dwelling un
15、it and term. (1) The lease shall state: (i) The names of the PHA and the tenant; (ii) The unit rented (address, apart-ment number, and any other informa-tion needed to identify the dwelling unit); (iii) The term of the lease (lease term and renewal in accordance with para-graph (a)(2) of this sectio
16、n); (iv) A statement of what utilities, services, and equipment are to be sup-plied by the PHA without additional cost, and what utilities and appliances are to be paid for by the tenant; (v) The composition of the household as approved by the PHA (family mem-bers and any PHA-approved live-in aide).
17、 The family must promptly in-form the PHA of the birth, adoption, or court-awarded custody of a child. The family must request PHA approval to add any other family member as an oc-cupant of the unit; (vi) HUDs regulations in 24 CFR part 5, subpart L, apply, if a current or fu-ture tenant is or becom
18、es a victim of domestic violence, dating violence, or stalking, as provided in 24 CFR part 5, subpart L. (2) Lease term and renewal. (i) The lease shall have a twelve month term. Except as provided in paragraph (a)(2)(ii) of this section, the lease term must be automatically renewed for the same per
19、iod. (ii) The PHA may not renew the lease if the family has violated the require-ment for resident performance of com-munity service or participation in an economic self-sufficiency program in accordance with part 960, subpart F of this chapter. (iii) At any time, the PHA may ter-minate the tenancy
20、in accordance with 966.4(l). (3) Execution and modification. The lease must be executed by the tenant and the PHA, except for automatic re-newals of a lease. The lease may modi-fied at any time by written agreement of the tenant and the PHA. (b) Payments due under the lease(1) Tenant rent. (i) The t
21、enant shall pay the amount of the monthly tenant rent determined by the PHA in accordance with HUD regulations and other re-quirements. The amount of the tenant rent is subject to change in accordance with HUD requirements. (ii) The lease shall specify the initial amount of the tenant rent at the be
22、gin-ning of the initial lease term. The PHA shall give the tenant written notice stating any change in the amount of tenant rent, and when the change is ef-fective. (2) PHA charges. The lease shall pro-vide for charges to the tenant for main-tenance and repair beyond normal wear and tear and for con
23、sumption of excess utilities. The lease shall state the basis for the determination of such charges (e.g., by a posted schedule of charges for repair, amounts charged for utility consumption in excess of the allowance stated in the lease, etc.). The imposi-tion of charges for consumption of ex-cess
24、utilities is permissible only if such charges are determined by an indi-vidual check meter servicing the leased unit or result from the use of major tenant-supplied appliances. (3) Late payment penalties. At the op-tion of the PHA, the lease may provide for payment of penalties for late pay-ment. (4
25、) When charges are due. The lease shall provide that charges assessed under paragraph (b) (2) and (3) of this section shall not be due and collectible until two weeks after the PHA gives written notice of the charges. Such no-tice constitutes a notice of adverse ac-tion, and must meet the requiremen
26、ts governing a notice of adverse action (see 966.4(e)(8). (5) Security deposits. At the option of the PHA, the lease may provide for se-curity deposits which shall not exceed one months rent or such reasonable fixed amount as may be required by the PHA. Provision may be made for grad-ual accumulatio
27、n of the security de-posit by the tenant. Subject to applica-ble laws, interest earned on security deposits may be refunded to the tenant VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00463 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for
28、ResaleNo reproduction or networking permitted without license from IHS-,-,-454 24 CFR Ch. IX (4111 Edition) 966.4 on vacation of the dwelling unit or used for tenant services or activities. (c) Redetermination of rent and family composition. The lease shall provide for redetermination of rent and fa
29、mily composition which shall include: (1) The frequency of regular rental redetermination and the basis for in-terim redetermination. (2) An agreement by the tenant to furnish such information and certifi-cations regarding family composition and income as may be necessary for the PHA to make determi
30、nations with re-spect to rent, eligibility, and the ap-propriateness of dwelling size. (3) An agreement by the tenant to transfer to an appropriate size dwelling unit based on family composition, upon appropriate notice by the PHA that such a dwelling unit is available. (4) When the PHA redetermines
31、 the amount of rent (Total Tenant Payment or Tenant Rent) payable by the tenant, not including determination of the PHAs schedule of Utility Allowances for families in the PHAs Public Hous-ing Program, or determines that the tenant must transfer to another unit based on family composition, the PHA s
32、hall notify the tenant that the tenant may ask for an explanation stating the specific grounds of the PHA determina-tion, and that if the tenant does not agree with the determination, the ten-ant shall have the right to request a hearing under the PHA grievance pro-cedure. (d) Tenants right to use a
33、nd occu-pancy. (1) The lease shall provide that the tenant shall have the right to ex-clusive use and occupancy of the leased unit by the members of the household authorized to reside in the unit in ac-cordance with the lease, including rea-sonable accommodation of their guests. The term guest is de
34、fined in 24 CFR 5.100. (2) With the consent of the PHA, members of the household may engage in legal profitmaking activities in the dwelling unit, where the PHA deter-mines that such activities are inci-dental to primary use of the leased unit for residence by members of the household. (3)(i) With t
35、he consent of the PHA, a foster child or a live-in aide may reside in the unit. The PHA may adopt rea-sonable policies concerning residence by a foster child or a live-in-aide, and defining the circumstances in which PHA consent will be given or denied. Under such policies, the factors consid-ered b
36、y the PHA may include: (A) Whether the addition of a new oc-cupant may necessitate a transfer of the family to another unit, and wheth-er such units are available. (B) The PHAs obligation to make reasonable accommodation for handi-capped persons. (ii) Live-in aide means a person who resides with an
37、elderly, disabled or handicapped person and who: (A) Is determined to be essential to the care and well-being of the person; (B) Is not obligated for the support of the person; and (C) Would not be living in the unit except to provide the necessary sup-portive services. (e) The PHAs obligations. The
38、 lease shall set forth the PHAs obligations under the lease, which shall include the following: (1) To maintain the dwelling unit and the project in decent, safe, and sani-tary condition; (2) To comply with requirements of applicable building codes, housing codes, and HUD regulations materially affe
39、cting health and safety; (3) To make necessary repairs to the dwelling unit; (4) To keep project buildings, facili-ties, and common areas, not otherwise assigned to the tenant for maintenance and upkeep, in a clean and safe condi-tion; (5) To maintain in good and safe working order and condition ele
40、ctrical, plumbing, sanitary, heating, ven-tilating, and other facilities and appli-ances, including elevators, supplied or required to be supplied by the PHA; (6) To provide and maintain appro-priate receptacles and facilities (except containers for the exclusive use of an individual tenant family)
41、for the de-posit of ashes, garbage, rubbish, and other waste removed from the dwelling unit by the tenant in accordance with paragraph (f)(7) of this section; (7) To supply running water and rea-sonable amounts of hot water and rea-sonable amounts of heat at appropriate times of the year (according
42、to local VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00464 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-455 Asst. Secry., for Public and Indian Housing, HUD 9
43、66.4 custom and usage), except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or where heat or hot water is generated by an installation within the exclusive con-trol of the tenant and supplied by a di-rect utility connection; and (8)(i) To
44、 notify the tenant of the spe-cific grounds for any proposed adverse action by the PHA. (Such adverse ac-tion includes, but is not limited to, a proposed lease termination, transfer of the tenant to another unit, or imposi-tion of charges for maintenance and re-pair, or for excess consumption of uti
45、li-ties.) (ii) When the PHA is required to af-ford the tenant the opportunity for a hearing under the PHA grievance pro-cedure for a grievance concerning a proposed adverse action: (A) The notice of proposed adverse action shall inform the tenant of the right to request such hearing. In the case of
46、a lease termination, a notice of lease termination, in accordance with paragraph (l)(3) of this section, shall constitute adequate notice of proposed adverse action. (B) In the case of a proposed adverse action other than a proposed lease ter-mination, the PHA shall not take the proposed action unti
47、l the time for the tenant to request a grievance hearing has expired, and (if a hearing was time-ly requested by the tenant) the griev-ance process has been completed. (9) To consider lease bifurcation, as provided in 24 CFR 5.2009, in cir-cumstances involving domestic vio-lence, dating violence, or
48、 stalking ad-dressed in 24 CFR part 5, subpart L. (f) Tenants obligations. The lease shall provide that the tenant shall be obligated: (1) Not to assign the lease or to sub-lease the dwelling unit; (2) Not to provide accommodations for boarders or lodgers; (3) To use the dwelling unit solely as a pr
49、ivate dwelling for the tenant and the tenants household as identified in the lease, and not to use or permit its use for any other purpose; (4) To abide by necessary and reason-able regulations promulgated by the PHA for the benefit and well-being of the housing project and the tenants which shall be posted in the project of-fice and incorporated by reference in the lease; (5) To comply with all obligations imposed upon tenants by applicable provisions of b
