§ 4-51General policy.
§ 4-52Notice requirements.
§ 4-53Recordkeeping requirements.
§ 4-54Return of security deposit.
No resident's lease shall be terminated except in compliance with HUD regulations and the lease terms.
Termination by tenant. The tenant may terminate the lease at any time upon submitting a thirty-day written notice.
Termination by WHA.
Violation of lease. The WHA will terminate or not renew the lease for serious or repeated violations of material lease terms. Such violations include but are not limited to:
Nonpayment of rent or other charges.
A history of late rental payments.
Failure to provide timely and accurate information regarding family composition, income circumstances, or other information related to eligibility or rent.
Failure to allow inspection of the unit.
Failure to maintain the unit in a safe and sanitary manner.
Assignment or subletting of the premises.
Use of the premises for purposes other than as a dwelling unit (other than for WHA-approved resident businesses).
Destruction of property.
Acts of destruction, defacement, or removal of any part of the premises or failure to cause guests to refrain from such acts.
Any criminal activity on the property or drug-related criminal activity on or off the premises by a tenant, member of tenant's household, guest, or other person under tenant's control. This includes but is not limited to the manufacture of methamphetamine on the premises of the WHA.
Noncompliance with noncitizen rule requirements.
Permitting persons not on the lease to reside in the unit more than 14 consecutive days each year without the prior written approval of the WHA.
Other good cause.
Sex offender. The WHA will take immediate action to evict any household that includes an individual who is subject to a lifetime registration requirement under a state sex offender registration program.
Abandonment. The WHA will terminate the lease for a unit that has been abandoned.
A unit is considered to be abandoned when the tenant is in arrears in rent by at least 15 days and has clearly indicated by words or actions an intention not to continue living in the unit (e.g., the tenant has removed substantially all of his or her belongings from the unit).
Once the unit has been determined to be abandoned, the WHA will send a certified letter to the tenant's last known address. Unless the tenant responds within seven days, a WHA representative will enter the unit and remove any abandoned property.
No resident shall be given a notice of lease termination without receiving in writing the reason for the termination. The resident shall be informed of his/her right to request a hearing in accordance with the grievance procedure and be given the opportunity to make such a request.
Lease terminations for certain actions are not eligible for the grievance procedure; specifically, any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises of other residents or WHA employees and any drug-related criminal activity, violent drug-related criminal activity on or off the premises, and any criminal activity that resulted in felony conviction of a household member.
Notices of lease termination may be served personally or posted on the apartment door.
The notice shall include a statement describing the right of a resident with a disability to meet with the Housing Manager to determine whether a reasonable accommodation could eliminate the need for the lease termination.
A record of every termination and/or eviction shall be maintained by the WHA. The record shall contain the following information:
Name of resident, race and ethnicity, number and identification of unit occupied;
Date of the notice of lease termination and any other state or local notices required, which may be on the same form and run concurrently;
Specific reason(s) for the notice(s), including identification of the violated lease section and a detailed description of any other facts pertinent to the issuing of the notice(s);
Date and method of notifying the resident; and
Summaries of any conferences held with the resident including the date(s), names of conference participants, and conclusions.
The tenant must leave the rental unit in the same condition as when he/she moved in, aside from normal wear and tear. Within 20 days of the tenant's moving out, the WHA will return the security deposit or provide a written statement detailing why all or part of the deposit is being kept. The WHA will be considered in compliance with this obligation if the required payment, statement, or both (as applicable) are deposited in the U.S. mail with first class postage within the 20 days.
Security deposits will not be used to cover normal wear and tear or damage that existed when the family moved in. State law does not require the payment of interest on security deposits.
