Resident Occupancy Requirements
The initial lease between a participant and an owner must be for at least one year. Any renewal or extension of the lease term may not extend beyond the remaining term of the HAP Contract.
An owner may not terminate or refuse to renew the lease except on the following grounds:
- Serious and repeated violation of the terms and conditions of the lease;
- Violation of applicable Federal, State or local law; or
- Other good cause. Recipients and owners should be as lenient as possible, so that assistance is terminated only for the most serious violations. The SRO program is serving a homeless population; therefore, a restricted reading of the good cause standard is appropriate.
In terminating assistance to a participant, the recipient must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law.
All evictions must be carried out through the judicial process under State and local law.
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