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Landlord/Tenant Law

This legal research guide provides information about landlord and tenant law that is helpful to both the practitioner and the public looking for legal information.

Federally Subsidized Housing


Public Housing

Some Relevant Statutes and Regulations:

42 U.S.C. § 1437 et seq. - General Program of Assisted Housing

24 C.F.R. Part 960 - Admission to and Occupancy of Public Housing

24 C.F.R. Part 966 - Public Housing Lease and Grievance Procedure

Information:

Public Housing Fact Sheet - Department of Housing and Urban Development (HUD)

HUD's Public Housing Occupancy Guidebook - This publication from HUD covers issues related to rental issues, “from application and rent calculations through ongoing occupancy to lease termination.”

Housing Choice Voucher Program (Section 8)

Some Relevant Statutes and Regulations:

42 U.S.C. § 1437f - Low Income Housing Assistance

24 C.F.R. Part 982 - Section 8 Tenant-Based Assistance: Housing Choice Voucher Program

Information:

Housing Choice Voucher Fact Sheet - HUD

Forms and Guide-books - HUD

Housing Choice Voucher Resources - HUD

Project Based Section 8

Some Relevant Statutes and Regulations:

24 C.F.R. Part 983 - Project Based Voucher Program

Information:

Project Based Section 8 - HUD

Evictions: Requirements and Defenses

There are additional requirements for landlords to evict tenants from federally subsidized housing, including evicting tenants who hold Section 8 vouchers, and additional defenses to eviction.  There are also specific requirements for termination of  a Section 8 voucher. Much of this information can be found in the Code of Federal Regulations.

Some relevant regulations include:

Public Housing: 

24 C.F.R. § 966.4(l) - Termination of Tenancy and Eviction

24 C.F.R. Part 247 - Eviction from Certain Subsidized and HUD-Owned Projects

Housing Choice Voucher: 

24 C.F.R. § 982.310 - Owner Termination of Tenancy

24 C.F.R. 982 Subpart L - Family Obligations; Denial and Termination of Assistance.

Domestic Violence and Subsidized Housing

Some Relevant Statutes:

42 U.S.C. § 1437d(l) - Leases; terms and conditions; maintenance; termination

42 U.S.C. § 1437f - Low Income Housing Assistance

24 C.F.R. §§ 5.2001-5.2011 - Protection for Victims of Domestic Violence, Dating Violence, or Stalking in Public and Section 8 Housing

Information:

Maintaining Safe and Stable Housing for Domestic Violence Survivors - National Housing Law Project

HUD Rules under Violence Against Women Act  - HUD

VAWA Guidance for Project-Based Section 8 Owners - National Housing Law Project (Housing Law Bulletin)

Reasonable Accommodations for People with Disabilities

Below you wil find some information about fair housing and reasonable accomodations.

Fair Housing Act

Information about the Fair Housing Act - HUD

HUD Documents on Reasonable Accommodation - National Housing Law Project

HUD/DOJ Joint Statement on Reasonable Accommodation under the Fair Housing Act

Other Issues