A BMIR project is a subsidised project under 24 CFR part 247, so termination needs good cause and the prescribed notice

bmir.termination_eviction.part_247_good_cause_and_termination_notice · v1.0.0

A Section 221(d)(3) BMIR project is a subsidised project for the purposes of 24 CFR part 247 subpart A, because the definition of subsidised project expressly includes a multifamily housing project receiving the benefit of below-market interest rates under section 221(d)(3) and (5) of the National Housing Act. The landlord may therefore not terminate a tenancy except on one of four grounds: material noncompliance with the rental agreement, material failure to carry out obligations under a state landlord and tenant act, criminal activity or alcohol abuse by a covered person under 24 CFR 5.858 to 5.860, or other good cause. No termination on the first two grounds is valid to the extent it rests on a rental agreement or state law provision permitting termination without good cause, and conduct cannot be other good cause unless the landlord has given the tenant prior notice that the conduct will henceforth be a basis for termination. The termination determination must be in writing, must state that the tenancy is terminated on a specified date, must state the reasons with enough specificity to enable the tenant to prepare a defence, must advise the tenant that if he or she remains in the unit the landlord may enforce the termination only by judicial action at which the tenant may present a defence, and must be served both by first class mail and by delivery at the unit, with service not effective until both are accomplished. Where termination is for other good cause the notice must be effective at the end of a term and no earlier than 30 days after the tenant receives it. In cases of nonpayment of rent the notice must be effective no earlier than 30 days after receipt, must not be given before the day after rent is due, and the landlord must not proceed with an eviction filing if the tenant pays the alleged amount owed within the 30-day period; such a notice must also state how the tenant can cure, with an itemised amount separated by month and the date by which payment must be made, and how the tenant can recertify income. A tenant's failure to object to the notice is not a waiver of the right to contest the action in a judicial proceeding.

Confidence

high

Effective from

2025-01-13

Consequence model

agency finding with cure

Last reviewed

2026-08-30