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standard practice for the building concerned as <br />is a felony under the laws of the place <br />established by the owner. <br />from which the individual flees, or that, <br />in the case of the State of New Jersey, is <br />b. Utilities and appliances <br />a high misdemeanor; or <br />(1) The owner must provide all utilities needed to <br />(b) Violating a condition of probation or <br />comply with the HQS. <br />parole under Federal or State law. <br />(2) The owner is not responsible for a breach of <br />(3) <br />The owner may terminate the tenancy for <br />the HQS caused by the tenant's failure to: <br />criminal activity by a household member in <br />(a) Pay for any utilities that are to be paid by <br />accordance with this section if the owner <br />the tenant. <br />determines that the household member has <br />committed the criminal activity, regardless of <br />(b) Provide and maintain any appliances that <br />whether the household member has been <br />are to be provided by the tenant. <br />arrested or convicted for such activity. <br />C. Family damage. The owner is not responsible for a <br />(4) <br />The owner may terminate the tenancy during <br />breach of the HQS because of damages beyond <br />the tern of the lease if any member of the <br />normal wear and tear caused by any member of the <br />household has engaged in abuse of alcohol <br />household or by a guest. <br />that threatens the health, safety or right to <br />d. Housing services. The owner must provide all <br />peaceful enjoyment of the premises by other <br />housing services as agreed to in the lease. <br />residents. <br />d. Other good cause for termination of tenancy <br />Termination of Tenancy by Owner <br />(1) <br />During the initial lease term, other good cause <br />a. Requirements. The owner may only terminate the <br />for termination of tenancy must be something <br />tenancy in accordance with the lease and HUD <br />the family did or failed to do. <br />requirements. <br />(2) <br />During the initial lease term or during any <br />b. Grounds. During the term of the lease (the initial <br />extension term, other good cause may include: <br />term of the lease or anv extension term), the owner <br />(a) Disturbance of neighbors, <br />may only terminate the tenancy because of: <br />(1) • Serious or repeated violation of the lease; <br />(b) Destruction of property, or <br />(2) Violation of Federal, State, or local law that <br />(c) Living or housekeeping habits that cause <br />imposes obligations on the tenant in <br />damage to the unit or premises. <br />connection with the occupancy or use of the <br />(3) <br />After the initial lease term, such good cause <br />unit and the premises; <br />may include: <br />(3) Criminal activity or alcohol abuse (as <br />(a) The tenant's failure to accept the owner's <br />provided in paragraph c): or <br />offer of a new lease or revision; <br />(4) Other good cause (as provided in paragraph <br />(b) The owners desire to use the unit for <br />d), <br />personal or family use or for a purpose <br />C. Criminal activity or alcohol abuse. <br />other than use as a residential rental unit; <br />(1) The owner may terminate the tenancy during <br />or <br />the term of the lease if any member of the <br />(c) A business or economic reason for <br />household, a guest or another person under a <br />termination of the tenancy (such as sale of <br />resident's control commits any of the <br />the property, renovation of the unit, the <br />following types of criminal activity: <br />owner's desire to rent the unit for a higher <br />(a) Any criminal activity that threatens the <br />rent). <br />health or safety of, or the right to <br />(4) <br />The examples of other good cause in this <br />peaceful enjoyment of the premises by, <br />paragraph do not preempt any State or local <br />other residents (including property <br />laws to the contrary. <br />management staff residing on the <br />premises); <br />(5) <br />In the case of an owner who is an immediate <br />(b) Any criminal activity that threatens the <br />successor in interest pursuant to foreclosure <br />health or safety of, or the right to <br />during the term of the lease, requiring the <br />peaceful enjoyment of their residences <br />tenant to vacate the property prior to sale shall <br />by, persons residing in the immediate <br />not constitute other good cause, except that the <br />vicinity of the premises. <br />owner may terminate the tenancy effective on <br />the date of transfer of the unit to the owner if <br />(c) Any violent criminal activity on or near <br />the owner: (a) will occupy the unit as a <br />the premises: or <br />primary residence: and (b) has provided the <br />(d) Any drug - related criminal activity on or <br />tenant a notice to vacate at least 90 days before <br />near the premises. <br />the effective date of such notice. This <br />(2) The owner may terminate the tenancy during <br />provision shall not affect any State or local law <br />the term of the lease if any member of the <br />that provides for longer time periods or <br />household is: <br />addition protections for tenants. This <br />(a) Fleeing to avoid prosecution, or custody <br />provision will sunset on December 31, 2012 <br />or confinement after conviction, for a <br />unless extended by law. <br />crime, or attempt to commit a crime; that <br />form HUD-52641 -A (8/2009) <br />Previous editions are obsolete ref Handbook 7420.8 <br />