Court Filing, Attorney, and Sheriff Fees

1. Owners may accept payment of these fees from tenants who wish to avoid or settle an eviction suit provided:

   • a. It is permitted under state and local laws; and

   • b. The fees appear reasonable and do not exceed the actual costs incurred.

2. Cooperatives may collect legal and other out-of pocket costs incurred in collecting delinquent carrying charges and in terminating a membership following a member’s default under the

HUD Occupancy Handbook Chapter 6: Lease Requirements and Leasing Activities

06/09

6-41

Section 4: The Leasing Process occupancy agreement. The occupancy agreement requires members to pay attorney fees even if the cooperative has not filed a suit. Any charges levied on a cooperative member must be consistent with state and local law and policies approved by the cooperative’s Board.

• F. Owners May Require Tenants to Pay Other Charges :

  1. If HUD or Contract Administrator has approved the charges; and

  2. The schedule of charges is either:

     • a. Listed in the lease agreement; or

     • b. Has been distributed to all tenants in accordance with the modification of the lease requirements and procedures listed in this chapter, paragraph 6-12.D.