Re: Sec 8 tenant will not move! NJ - Posted by Jim Rayner
Posted by Jim Rayner on July 08, 2002 at 13:36:33:
here are the Section Eight termination regulations I’m not sure from your post if you properly served notices Sale of the property is considered other good cause:
TITLE 24–HOUSING AND URBAN DEVELOPMENT
CHAPTER IX–OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PART 982–SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM–Table of Contents
Subpart G–Leasing a Unit
Sec. 982.310 Owner termination of tenancy.
(a) Grounds. During the term of the lease, the owner may not
terminate the tenancy except on the following grounds:
(1) Serious violation (including but not limited to failure to pay
rent or other amounts due under the lease) or repeated violation of the
terms and conditions of the lease;
(2) Violation of federal, State, or local law that imposes
obligations on the tenant in connection with the occupancy or use of the
(3) Other good cause.
(b) Nonpayment by PHA: Not grounds for termination of tenancy. (1)
The family is not responsible for payment of the portion of the rent to
owner covered by the housing assistance payment under the HAP contract
between the owner and the PHA.
(2) The PHA failure to pay the housing assistance payment to the
owner is not a violation of the lease between the tenant and the owner.
During the term of the lease the owner may not terminate the tenancy of
the family for nonpayment of the PHA housing assistance payment.
© Criminal activity. Any of the following types of criminal
activity by the tenant, any member of the household, a guest or another
person under the tenant’s control shall be cause for termination of
(1) Any criminal activity that threatens the health, safety or right
to peaceful enjoyment of the premises by other residents;
(2) Any criminal activity that threatens the health, safety or right
to peaceful enjoyment of their residences by persons residing in the
immediate vicinity of the premises; or
(3) Any drug-related criminal activity on or near the premises.
(d) Other good cause. (1)
Other good cause'' for termination of tenancy by the owner may include, but is not limited to, any of the following examples: (i) Failure by the family to accept the offer of a new lease or revision; (ii) A family history of disturbance of neighbors or destruction of property, or of living or housekeeping habits resulting in damage to the unit or premises; (iii) The owner's desire to use the unit for personal or family use, or for a purpose other than as a residential rental unit; or (iv) A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, or desire to lease the unit at a higher rental). (2) During the initial lease term, the owner may not terminate the tenancy forother good cause’’, unless the owner is terminating the
tenancy because of something the family did or failed to do. For
example, during this period, the owner may not terminate the tenancy for
``other good cause’’ based on any of the following grounds: failure by
the family to accept the offer of a new lease or revision; the owner’s
desire to use the unit for personal or family use, or for a purpose
other than as a residential rental unit; or a business or economic
reason for termination of the tenancy (see paragraph (d)(1)(iv) of this
(e) Owner notice–(1) Notice of grounds.
(i) The owner must give the tenant a written notice that specifies
the grounds for termination of tenancy during the term of the lease. The
tenancy does not terminate before the owner has given this notice, and
the notice must be given at or before commencement of the eviction
(ii) The notice of grounds may be included in, or may be combined
with, any owner eviction notice to the tenant.
(2) Eviction notice. (i) Owner eviction notice means a notice to
vacate, or a complaint or other initial pleading used under State or
local law to commence an eviction action.
(ii) The owner must give the PHA a copy of any owner eviction notice
to the tenant.
(f) Eviction by court action. The owner may only evict the tenant
from the unit by instituting a court action.
(g) Regulations not applicable. 24 CFR part 247 (concerning
evictions from certain subsidized and HUD-owned
projects) does not apply to a tenancy assisted under this part 982.
(Approved by the Office of Management and Budget under control number
[60 FR 34695, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995; 64
FR 26645, May 14, 1999; 64 FR 56913, Oct. 21, 1999]