5. Nonpayment of rent due under — HUD Handbook 4350.3 REV-1

a. The tenant is obligated to pay all amounts due under the lease or repayment agreement, including any portion thereof.
b. The owner must not terminate tenancy until any grace period permitted by state law has expired.

HUD Occupancy Handbook Chapter 8: Termination

6/07

8-13

Section 3: Termination of Tenancy by Owners

4350.3 REV-1

NOTE: If the tenant pays all amounts due under the lease within the grace period, this is not material noncompliance, but rather a minor violation. Repeated minor violations constitute cause for eviction.

*Failure to disclose and provide verification of SSNs.
- a. Termination of tenancy.
  - (1) The owner must terminate tenancy of a tenant and the tenant’s household if the SSN disclosure and verification requirements for all household members are not met in the specified timeframe. This includes those households where a child under the age of six who did not have a SSN was added to the household with the understanding that the SSN would be disclosed and verification provided within 90 days after admission, or within the 90 day extension period, if applicable.
  - (2) There is no proration of assistance for those household members who are required to obtain a SSN but who fail to disclose and provide verification of their SSN.
  - (3) Termination of tenancy does not apply to those households with individuals who do not contend eligible immigration status or tenants who were age 62 or older as of January 31, 2010, whose initial determination of eligibility was begun before January 31, 2010, unless there are other members of the household who have not disclosed or provided verification of their SSNs.
- b. Deferring termination of tenancy.

The owner may defer termination of tenancy and provide tenants with an additional 90 days past their next regularly scheduled recertification of income and family composition to become in compliance with the SSN disclosure and verification requirements in Chapter 3, Paragraph 3-9.

(1) The deferral is at the owner’s discretion and must only be provided if failure to meet the SSN requirements was due to circumstances outside the control of the tenant and there is a likelihood that the tenant will be able to disclose and provide verification of the needed SSN(s) by the deadline date.
(2) After the 90-day deferral period, if the tenant has not disclosed and provided verification of the needed SSN(s), the owner will pursue termination of tenancy.

HUD Occupancy Handbook Chapter 8: Termination

8/13

8-14

Section 3: Termination of Tenancy by Owners

4350.3 REV-1