Common use of ALTERNATIVES TO TERMINATION OF TENANCY Clause in Contracts

ALTERNATIVES TO TERMINATION OF TENANCY. 13-III.1.A. OVER-INCOME REQUIREMENTS: DMMHA POLICY [24 CFR 960.261; FR Notice 7/26/18 Notice PIH 2019-11] PART IV: RECORDS CHECKS, ASSESSMENT, NOTIFICATION REQUIREMENTS, EVICTION PROCEDURES, AND RECORD KEEPING 13-IV.A. CONDUCTING CRIMINAL CONVICTION RECORDS CHECKS [24 CFR 5.903(e) (ii) and 24 CFR 960.259; 24 CFR 966.4(5)] 1) notify the household of the proposed action to be based on said information; 2) provide the subject of the record and the tenant with a copy of the criminal record before any DMMHA grievance hearing or court trial concerning the termination of tenancy or eviction; and 3) give the tenant an opportunity to dispute the accuracy and relevance of that record in the grievance hearing or court trial. 13-IV.B. LEASE TERMINATION NOTICE [24 CFR 966.4(l) (3)] Notices of lease termination must be in writing. The notice must state the specific grounds for termination, the date the termination will take place, the resident’s right to reply to the termination notice, and their right to examine DMMHA documents directly relevant to the termination or eviction. When the DMMHA is required to offer the resident an opportunity for a grievance hearing, the notice must also inform the resident of their right to request a hearing in accordance with the DMMHA’s grievance procedure. In these cases, the tenancy shall not terminate until the time for the tenant to request a grievance hearing has expired and the grievance procedure has been completed. When the DMMHA is not required to offer the resident an opportunity for a grievance hearing because HUD has made a due process determination and the lease termination is for criminal activity that threatens health, safety or right to peaceful enjoyment or for drug-related criminal activity, the notice of lease termination must state that the tenant is not entitled to a grievance hearing on the termination. All notices of lease termination will include a statement of the protection against termination provided by the Violence against Women Reauthorization Act of 2013 (VAWA) for victims of domestic violence, dating violence, sexual assault, or stalking. The PHA will also include a copy of the form HUD- HUD-5382 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. The DMMHA may only evict the tenant from the unit by instituting a court action.

ALTERNATIVES TO TERMINATION OF TENANCY. 13-III.1.A. OVER-INCOME REQUIREMENTS: DMMHA POLICY [24 CFR 960.261; FR Notice 7/26/18 Notice PIH 2019-117/26/18] PART IV: RECORDS CHECKS, ASSESSMENT, NOTIFICATION REQUIREMENTS, EVICTION PROCEDURES, AND RECORD KEEPING 13-IV.A. CONDUCTING CRIMINAL CONVICTION RECORDS CHECKS [24 CFR 5.903(e) (ii) and 24 CFR 960.259; 24 CFR 966.4(5)] 1) notify the household of the proposed action to be based on said information; 2) provide the subject of the record and the tenant with a copy of the criminal record before any DMMHA grievance hearing or court trial concerning the termination of tenancy or eviction; and 3) give the tenant an opportunity to dispute the accuracy and relevance of that record in the grievance hearing or court trial. 13-IV.B. LEASE TERMINATION NOTICE [24 CFR 966.4(l) (3)] Notices of lease termination must be in writing. The notice must state the specific grounds for termination, the date the termination will take place, the resident’s right to reply to the termination notice, and their right to examine DMMHA documents directly relevant to the termination or eviction. When the DMMHA is required to offer the resident an opportunity for a grievance hearing, the notice must also inform the resident of their right to request a hearing in accordance with the DMMHA’s grievance procedure. In these cases, the tenancy shall not terminate until the time for the tenant to request a grievance hearing has expired and the grievance procedure has been completed. When the DMMHA is not required to offer the resident an opportunity for a grievance hearing because HUD has made a due process determination and the lease termination is for criminal activity that threatens health, safety or right to peaceful enjoyment or for drug-related criminal activity, the notice of lease termination must state that the tenant is not entitled to a grievance hearing on the termination. All notices of lease termination will include a statement of the protection against termination provided by the Violence against Women Reauthorization Act of 2013 (VAWA) for victims of domestic violence, dating violence, sexual assault, or stalking. The PHA will also include a copy of the form HUD- HUD-5382 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. The DMMHA may only evict the tenant from the unit by instituting a court actionHUD-50066.