4. Manner of service for all — HUD Handbook 4350.3 REV-1

The manner of service will be in accordance with the provisions of state and local laws.

Judicial action.
- a. An owner must not evict any tenant except by judicial action pursuant to state and local laws.

HUD Occupancy Handbook Chapter 8: Termination

6/07

8-16

Section 3: Termination of Tenancy by Owners

4350.3 REV-1

b. In any judicial action to evict a tenant, the owner must rely on the grounds cited in the termination notice served to the tenant. However, the owner is not precluded from relying on grounds about which he/she had no knowledge of at the time the notice was sent to the tenant.

NOTE: For Section 8 New Construction, Substantial Rehabilitation, and State Agency properties, the owner must rely only on the grounds cited in the termination notice served to the tenant .

c. The tenant’s failure to object to the notice does not constitute the tenant’s waiver of his/her rights to contest the owner’s action in a judicial proceeding.
d. A tenant may rely on state or local laws governing eviction procedures where such laws provide the tenant procedural rights that are in addition to those provided by the regulatory agreements, except where such laws have been preempted under CFR Part 246, Local Rent Control, or by other action of the United States.