Private landlords are under no requirement to renew expired leases. However, the same is not true for government housing agencies. As the United States Supreme Court has noted, “[t]he government as a landlord is still the government. It must not act arbitrarily for, unlike private landlords, it is subject to the requirements of due process of law.”[1] This article discusses the rights that tenants in government-subsidized properties have regarding lease renewals.
The first set of major protections comes from United States Department of Housing and Urban Development (“HUD”) regulations.[2] Among other things, the HUD regulations require that a public housing agency must enter 12-month leases that automatically renew.[3] These tenancies may only be terminated for “good cause.”[4] While it is impossible to contemplate the many examples of what may constitute “good cause” not to renew a lease, the HUD regulations provide examples, including: criminal activity, being ineligible for housing benefits, or lying on an application for housing assistance.[5] Critically, a tenant has numerous rights when a public housing agency believes there is good cause for terminating a lease. The tenant must receive a notice of termination, which provides, among other things: (i) a statement that the tenant has a right to examine documents relevant to the public housing agency’s decision and (ii) a statement that the tenant is entitled to a hearing.[6] The most important aspect of these rights is the right to a hearing. This ensures that public housing agencies cannot arbitrarily claim “good cause” and evict a tenant simply because they desire to do so. Instead, the public housing agency must prevail before a neutral hearing officer and prove the existence of good cause.
The second major protection for tenants in government-subsidized housing is found in a federal statute, 26 U.S.C. § 42(h)(6)(E)(ii)(I), which prohibits the “eviction or the termination of a tenancy (other than for good cause) of an existing tenant.” The federal statute applies to landlords who received a tax credit in exchange for developing affordable housing. The statute does not define “good cause” or delineate procedures for determining whether “good cause” exists. Unfortunately, there is remarkably little caselaw interpreting the statute or discussing whether, for example, a hearing is required to determine whether good cause for an eviction exists.
Whether the federal statute or the HUD regulations apply depend on the specific landlord. If your lease does not provide clear information, contact an attorney to help find the answer. If you are
[1] Thorpe v. Housing Auth. of City of Durham, 386 U.S. 670, 678 (1967) (quoting Rudder v. United States, 226 F.2d 51, 53 (D.C. Cir. 1955)).
[2] The HUD Regulations only apply to certain public housing agencies.
[3] 24 C.F.R. § 966.4(a)(2)(i).
[4] 24 C.F.R. § 966.4(l)(2)(iv).
[5] 24 C.F.R. § 966.4(l)(2)(iv)(A)-(C).
[6] 24 C.F.R. § 966.4(l)(3)(ii).
having trouble with your affordable housing landlord, contact Hunter Ross in our Aspen office at hross@garfieldhecht.com.
