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federalUnited StatesSection 8 Project-Based Rental Assistancetermination_eviction

Tenancy may be terminated only for material noncompliance, drug abuse and other criminal activity, material failure under a state landlord-tenant act, or other good cause

mfh.termination_tenancy.allowable_grounds · v1.0.0

Figure 8-2 states the closed list of circumstances in which an owner may terminate tenancy, during or at the end of the lease term: material noncompliance with the lease -- comprising substantial lease violations, fraud, repeated minor violations, nonpayment of rent, failure to disclose and provide verification of social security numbers, and failure to sign and submit consent forms; drug abuse and other criminal activity; material failure to carry out obligations under a state landlord and tenant act; and other good cause. An owner must not refuse to renew a lease solely because a lease term has expired. Material noncompliance includes the tenant's failure to submit in time all required information on household income and composition, extended absence or abandonment as defined in the house rules or state or local law, and fraud -- which is a tenant knowingly providing inaccurate or incomplete information. Fraud must be handled as a civil violation and may be handled as a criminal one; when evicting for fraud the owner must simultaneously file a civil action to recover the subsidy overpayment. Fraud must not be confused with tenant error: a tenant who mistakenly provided incorrect information must reimburse the owner for the rent difference, and that is not a basis for eviction. On nonpayment, the owner must not terminate tenancy until any grace period permitted by state law has expired.

HUD Handbook 4350.3 REV-1 was last amended by Change 4, issued 27 November 2013, and has not been reissued since. HUD's HOTMA implementing rule and its implementing notices (H 2023-10 and successors) govern wherever they conflict with this handbook paragraph. The chapter PDF this rule is quoted from was fetched from HUD's own archive on 2026-09-01 and hashed; see the source record.
Confidence
high
Effective from
2013-11-27
Last reviewed
2026-09-01

Citations

All sources verified within 1 day
  • HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Termination
    para. 8-12.C
    binding_agency_guidanceSource ↗verified 1d ago
  • HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Termination
    Figure 8-2
    binding_agency_guidanceSource ↗verified 1d ago
  • HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Termination
    para. 8-13.A.3.b
    binding_agency_guidanceSource ↗verified 1d ago
  • HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Termination
    Figure 8-3, tenant errors versus fraud
    binding_agency_guidanceSource ↗verified 1d ago
  • HUD Occupancy Handbook 4350.3 REV-1 CHG-4 — Chapter 8, Termination
    para. 8-13.A.5.b
    binding_agency_guidanceSource ↗verified 1d ago