Example – Approving Lease Changes

Examples of acceptable management practices:

• Units with a live-in aide, a lease addendum that denies occupancy of the unit to a live-in aide after the tenant, for whatever reason, is no longer living in the unit. (See also paragraph 3-6 E.)

• Units with a police officer or security personnel, a lease provision that states that the right of occupancy is dependent on continued employment as a police officer or security personnel. (See also paragraph 3-8 D.)

  3. HUD Field Offices, Contract Administrators and State Agencies must not approve changes that would:

     • a. Eliminate any provision related to HUD's subsidy rules;

     • b. Circumvent HUD rules, or state or local law; or

     • c. Effectuate any change to the required lease provisions. (Paragraph 6-5 F lists the required lease provisions.)

  • D. Providing Notice to the Tenant

The tenant must be provided with proper notice when HUD or the owner modifies the lease. An owner must comply with the following requirements to provide such notice.

1. The owner must provide the tenant with the approved modifications at least 60 days prior to the end of the lease term.

2. The notice must include a copy of the revised lease or lease addendum revising the existing lease agreement. Owners must include a letter clearly stating that the tenant can either accept the modification or move, but that a response is due within 30 days.

3. The notice must be served by:

   • a. Sending a letter by first-class mail, properly stamped and addressed and including a return address, to the tenant at the unit address; and

   • b. Delivering a copy of the notice to any adult person answering the door at the unit. If no adult answers the door, the person serving the notice may place it under or through the door, or affix it to the door.

4. The date on which the notice is deemed received by the tenant is the later of:

   • a. The date the first-class letter is mailed; or

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• b. The date the notice is properly given.

5. Service of the notice is deemed effective once the notice has been both mailed and delivered.