Common use of Bifurcation Clause in Contracts

Bifurcation. Subject to any lease termination requirements or procedures prescribed by Federal, State, or local law, if any member of the Tenant’s Household engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking, the Landlord may “bifurcate” the Lease, or remove that Household member from the Lease, without regard to whether that Household member is a signatory to the Lease, in order to evict, remove, or terminate the occupancy rights of that Household member without evicting, removing, or otherwise penalizing the victim of the criminal activity who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher program. 24 CFR 5.2009(a). If the Landlord bifurcates the Lease to evict, remove, or terminate assistance to a household member, and that household member is the sole tenant eligible to receive assistance, the landlord shall provide any remaining tenants or residents a period of 30 calendar days from the date of bifurcation of the lease to:

Appears in 3 contracts

Samples: www.lhma.org, housing.smcgov.org, housing.smcgov.org

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Bifurcation. Subject to any lease termination requirements or procedures prescribed by Federal, State, or local law, if any member of the Tenanttenant’s Household household engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking, the Landlord landlord may “bifurcate” the Leaselease, or remove that Household household member from the Leaselease, without regard to whether that Household household member is a signatory to the Leaselease, in order to evict, remove, or terminate the occupancy rights of that Household household member without evicting, removing, or otherwise penalizing the victim of the criminal activity who is also a tenant or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the housing choice voucher Housing Choice Voucher program. 24 CFR 5.2009(a). If the Landlord bifurcates the Lease to evict, remove, or terminate assistance to a household member, and that household member is the sole tenant eligible to receive assistance, the landlord shall provide any remaining tenants or residents a period of 30 calendar days from the date of bifurcation of the lease to:

Appears in 1 contract

Samples: Residential Lease Agreement

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