04 040113 HA ADMINPLAN EX 2 - Laserfiche WebLink

Home Browse Search

as defined in Section 3 of the United States Housing Act of 1937, as amended. (42 USC 13925) An owner may request from SARA a certification that alleged instances of abuse are bona fide. Evidence of Criminal Activity The owner may terminate tenancy and evict by judicial action a family for criminal activity by a covered person if the owner determines they have engaged in the criminal activity, regardless of arrest or conviction and without satisfying the standard of proof used for a criminal conviction. Other Good Cause During the initial lease term, the owner may not terminate the tenancy for "other good cause" unless the owner is terminating the tenancy because of something the family did or failed to do. During the initial lease term or during any extension term, other good cause includes the disturbance of neighbors, destruction of property, or living or housekeeping habits that cause damage to the unit or premises. After the initial lease term, "other good cause" for termination of tenancy by the owner includes: • Failure by the family to accept the offer of a new lease or revision; • The owner's desire to use the unit for personal or family use, or for a purpose other than as a residential rental unit; or • A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, or desire to lease the unit at a higher rent). After the initial lease term, the owner may give the family notice at any time, in accordance with the terms of the lease. 12-III.C. EVICTION [24 CFR 982.310(e) and (f~ and Form HUD-52641-A, Tenancy Addendum] The owner must give the tenant a written notice that specifies the grounds for termination of tenancy during the term of the lease. The tenancy does not terminate before the owner has given this notice, and the notice must be given at or before commencement of the eviction action. The notice of grounds maybe included in, or may be combined with, any owner eviction notice to the tenant. Owner eviction notice means a notice to vacate, or a complaint or other initial pleading used under state or local law to commence an eviction action. The owner may only evict the tenant from the unit by instituting a court action. The owner must give SARA a copy of any eviction notice at the same time the owner notifies the family. The family is also required to give SARA a copy of any eviction notice (see Chapter 5). If the eviction action is finalized in court, the owner must provide SARA with documentation related to the eviction, including notice of the eviction date, as soon as possible, but no later than 5 business days following the court-ordered eviction. 12-III.D. DECIDING WHETHER TO TERMINATE TENANCY [24 CFR 982.310(h)] ~~02~12 Page 12-13