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provision shall not affect any State or local law
<br />more demanding standard than other tenants m
<br />that provides for longer time periods or
<br />determining whether to evict or terminate.
<br />addition protections for tenants. This
<br />provision will sunset on December 31, 2012
<br />(6) Nothing in this section may be construed to limit
<br />unlessertended by law.
<br />the authority of an owner or manager to evict, or
<br />-
<br />the public housing agency to terminate assistance,
<br />a Protections for Victims of Abuse.
<br />to any tenant if the owner, manager, or public
<br />housing agency can demonstrate an actual and
<br />(1) An incident or incidents of actual or threatened
<br />imminent threat to other tenants or those employed
<br />domestic violence, dating violence, or stalking will
<br />at or providing service to the property if the tenant
<br />not be construed as serious or repeated violations of
<br />is not evicted or terminated from assistance.
<br />the lease or other "good cause' for termination of
<br />the assistance, tenancy, or occupancy rights of such
<br />(7) Nothing in this section shall be construed to
<br />a victim
<br />supersede any provision of any Federal, State, or
<br />local law, that provides greater protection than this
<br />(2) Criminal activity directly relating to abuse, engaged
<br />section for victims of domestic violence, dating
<br />in by a member of a tenant's household or any
<br />violence, or stalking.
<br />guest or other person order the tenant's control,
<br />shall not be cause for termination of assistance,
<br />£ Eviction by court action. The owner may only evict the
<br />tenancy, or occupancy rights if the tenant or an
<br />tenant by a court action.
<br />immediate member of the tenant's family is the
<br />victim or threatened victim of domestic violence,
<br />g• Owner notice of grounds
<br />dating violence, or stalking.
<br />(1) At or before the beginning of a court action to
<br />evict the tenant, the owner must give the
<br />(3) Notwithstanding any restrictions on admission,
<br />tenant a notice that specifies the grounds for
<br />occupancy, or terrainations of occupancy or
<br />termination of tenancy. The notice may be
<br />assistance, or any Federal, State or local law to the
<br />included in or combined with any owner
<br />contrary, a PHA, owner or manager may
<br />eviction notice.
<br />"bifurcate" a lease, or otbcnvise remove a
<br />(2) The owner must give the PHA a copy of any
<br />household member from a lease, without regard to
<br />owner eviction notice at the same time the
<br />whether a household member is a signatory to the
<br />owner notifies the tenant
<br />lease, in order to evict, remove, terminate
<br />(3) Eviction notice means a notice to vacate, or a
<br />occupancy rights, or terrains rc assistance to any
<br />complaint or other initial pleading used to
<br />individual who is a tenant or lawful occupant and
<br />begin an eviction action under State or local
<br />who engages in criminal acts of physical violence
<br />le.,.
<br />against family members or others. This action may
<br />be taken without evicting, removing, terminating
<br />9. Lease: Relation to HAP Contract
<br />assistance to, or otherwise penalizing the victim of
<br />lawful
<br />if the HAP contract terminates for any reason, the lease terminates
<br />the violence who is also a tenant or
<br />automatically.
<br />occupant Such eviction, removal, termination of
<br />occupancy rights, or termination of assistance shall
<br />10. PHA Termination of Assistance
<br />be effected in accordance with the procedures
<br />prescribed by Federal, State, and local law for the
<br />The PHA may teammate program assistance for the family for any
<br />termination of leases or assistance under the
<br />grounds authorized in accordance with HUD requirements. If the PHA
<br />housing choice voucher program.
<br />terminates program assistance for the family, the lease terminates
<br />automatically.
<br />(4) Nothing in this section may be construed to limit
<br />the authority of a public housing agency, owner, or
<br />11. Family Move Out
<br />manager, when notified, to honor court orders
<br />The tenant must notify the PHA and the owner before the family moves
<br />addressing rights of access or control of the
<br />out of the unit
<br />property, including civil protection orders issued to
<br />protect the victim and issued to address the
<br />12. Security Deposit
<br />distribution or possession of property among the
<br />a. The owner may collect a security deposit from the
<br />household members in cases where a family breaks
<br />tenant (However, the PHA may prohibit the owner
<br />UP.
<br />from collecting a security deposit in excess of
<br />private market practice, or in excess of amounts
<br />(5) Nothing in this section limits any otherwise
<br />charged by the owner to unassisted tenants. Any
<br />available authority of an owner or manager to evict
<br />such PHA - required restriction must be specified in
<br />or the public housing agency to terminate
<br />the HAP contract)
<br />assistance to a tenant for any violation of a lease
<br />b. When the family moves out of the contract unit, the
<br />not premised on the act or acts of violence in
<br />owner, subject to State and local law, may use the
<br />question against the tenant or a member of the
<br />security deposit, including any interest on the
<br />tenant's household, provided that the owner,
<br />deposit, as reimbursement for any unpaid rent
<br />manager, or public housing agency does not subject
<br />payable by the tenant, any damages to the unit or
<br />an individual who is or has been a victim of
<br />any other amounts that the tenant owes under the
<br />domestic violence, dating violence, or stalking to a
<br />lease.
<br />form HUD -52641 (8/2009)
<br />Previous editions are obsolete Page I I of 12 ref Handbook 7420.8
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