94-2390. Termination of Tenancy for Criminal Activity  

  • [Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-2390]
    
    
    [[Page Unknown]]
    
    [Federal Register: February 3, 1994]
    
    
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    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
    
    Office of the Assistant Secretary for Housing--Federal Housing 
    Commissioner
    
    24 CFR Parts 247, 880, 881, and 883
    
    [Docket No. R-94-1696; FR-3472-P-01]
    RIN 2502-AG12
    
     
    
    Termination of Tenancy for Criminal Activity
    
    AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
    Commissioner, HUD.
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This proposed rule would provide that any criminal activity 
    that threatens the health, safety, or right to peaceful enjoyment of 
    the premises by other tenants; any criminal activity that threatens the 
    health, safety, or right to peaceful enjoyment of their residences by 
    persons residing in the immediate vicinity of the premises; or any 
    drug-related criminal activity on or near such premises, engaged in by 
    a tenant, any member of the tenant's household, or any guest or other 
    person under the tenant's control would be grounds for termination of 
    tenancy.
    
    DATES: Comments must be received by April 4, 1994.
    
    ADDRESSES: Interested persons are invited to submit comments regarding 
    this proposed rule to the Office of General Counsel, Rules Docket 
    Clerk, room 10276, Department of Housing and Urban Development, 451 
    Seventh Street SW., Washington, DC 20410-0500. Facsimile (FAX) comments 
    are not acceptable.
        Communications should refer to the above docket number and title. A 
    copy of each communication submitted will be available for public 
    inspection and copying on weekdays between 7:30 a.m. and 5:30 p.m. at 
    the above address.
    
    FOR FURTHER INFORMATION CONTACT: James Tahash, Director of Planning and 
    Procedures Division, room 6180, Department of Housing and Urban 
    Development, 451 Seventh Street SW., Washington, DC 20410-8000; 
    telephone, (voice) (202) 708-4162; (TDD) (202) 708-4594. (These are not 
    toll-free numbers)
    
    SUPPLEMENTARY INFORMATION: This proposed rule would amend regulations 
    for certain section 8 project-based assistance programs to provide that 
    a section 8 family may be evicted for drug crimes or for criminal 
    activity that threatens other residents. Eviction may be based on such 
    criminal activity by a household member, a guest or another person 
    under the tenant's control.
        For existing housing under the section 8 Loan Management Program 
    (24 CFR part 886, subpart A) and section 8 Property Disposition Program 
    (24 CFR part 886, subpart C), the proposed rule would implement section 
    8 of the United States Housing Act of 1937 (42 U.S.C. 
    1437f(d)(1)(B)(iii)), as amended by section 546 of the Cranston-
    Gonzalez National Affordable Housing Act and section 145 of the Housing 
    and Community Development Act of 1992.
        At present, HUD's Multifamily Model Lease (Handbook 4350.3 Appendix 
    19a) contains similar provisions allowing eviction for drug-related 
    criminal activities or criminal activity that threatens other 
    residents.
        This proposed rule would revise 24 CFR parts 247, 880, 881 and 883. 
    The proposed rule would apply to evictions under the section 8 new 
    construction and substantial rehabilitation programs and under the 
    section 8 Loan Management and Property Disposition Programs. This 
    proposed rule also would cover the following subsidized projects 
    subject to 24 CFR part 247: multifamily housing projects that receive 
    the benefit of subsidy in the form of below-market interest rates under 
    sections 221(d)(3) and (5); interest reduction payments under section 
    236 of the National Housing Act, including Rental Assistance Payments 
    (RAP); below-market interest rate direct loans under section 202 of the 
    Housing Act of 1959; rental subsidy in the form of rent supplement 
    payments under section 101 of the Housing and Urban Development Act of 
    1965; section 8 in connection with section 202 Loans for Housing for 
    the Elderly or Handicapped (24 CFR part 885), the section 8 Additional 
    Assistance Program for Projects with HUD-Insured and HUD-Held Mortgages 
    (24 CFR part 886, subpart A) and the section 8 Housing Assistance 
    Program for the Disposition of HUD-Owned Projects (24 CFR part 886, 
    subpart C).
        The proposed rule would be applied uniformly to all assisted 
    housing tenants for the programs listed above. The rule proposes to add 
    criminal activity, including drug-related criminal activity, as grounds 
    for termination of tenancy. The existing requirement that an owner not 
    evict any tenant, except by judicial action pursuant to State or local 
    law and in accordance with the Department's regulations and its due 
    process procedures, will remain in effect.
        A Finding of No Significant Impact with respect to the environment 
    has been made in accordance with HUD regulations at 24 CFR part 50, 
    which implement section 102(2)(c), of the National Environmental Policy 
    Act of 1969, 42 U.S.C. 4321 et seq. The Finding of No Significant 
    Impact is available for public inspection between 7:30 a.m. and 5:30 
    p.m. weekdays in the Office of the Rules Docket Clerk at the above 
    address.
    
    Regulatory Flexibility Act
    
        The Secretary, in approving this proposed rule for publication, 
    certifies in accordance with 5 U.S.C. 605(b), the Regulatory 
    Flexibility Act, that this proposed rule would not have a significant 
    economic impact on a substantial number of small entities. There are no 
    small entities that would be impacted by this proposed rule.
    
    Executive Order
    
        This proposed rule was reviewed by the Office of Management and 
    Budget under Executive Order 12866, Regulatory Planning and Review. Any 
    changes made to the proposed rule as result of that review are clearly 
    identified in the docket file, which is available for public inspection 
    in the office of the Department's Rules Docket Clerk, room 10276, 451 
    Seventh Street SW., Washington, DC.
    
    Semiannual Agenda
    
        This proposed rule was listed as item 1514 in the Department's 
    Semiannual Agenda of Regulations published on October 25, 1993 (58 FR 
    56404, 56424) under Executive Order 12866 and the Regulatory 
    Flexibility Act, and was requested by and submited to the Committee on 
    Banking, Housing and Urban Affairs of the Senate and the Committee on 
    Banking, Finance and Urban Affairs of the House of Representatives 
    under section 7(o) of the Department of Housing and Urban Development 
    Act.
    
    Family Impact
    
        The General Counsel, as the Designated Official under Executive 
    Order 12606, the Family, has determined that, while this proposed rule 
    should increase the safety and security of families living in assisted 
    housing, the proposed rule does not have potential, direct, significant 
    impact on family formation, maintenance, and general well-being; 
    therefore, it is not subject to review under this order.
    
    Federalism
    
        The General Counsel, as the Designated Official under section 6(a) 
    of Executive Order 12612, Federalism, has determined that the policies 
    contained in this proposed rule would not have significant federalism 
    implications and thus, are not subject to review under the order. This 
    proposed rule will not interfere with or preempt State or local 
    government functions.
    
    List of Subjects
    
    24 CFR Part 247
    
        Grant programs--housing and community development, Loan programs--
    housing and community development, Low and moderate income housing, 
    Rent subsidies.
    
    24 CFR Part 880
    
        Grant programs--housing and community development, Rent subsidies, 
    Reporting and recordkeeping requirements.
    
    24 CFR Part 881
    
        Grant programs--housing and community development, Rent subsidies, 
    Reporting and recordkeeping requirements.
    
    24 CFR Part 883
    
        Grant programs--housing and community development, Rent subsidies, 
    Reporting and recordkeeping requirements.
    
        Accordingly, 24 CFR parts 247, 880, 881, and 883 would be amended 
    as follows:
    
    PART 247--EVICTIONS FROM CERTAIN SUBSIDIZED AND HUD-OWNED PROJECTS
    
        1. The authority citation for 24 CFR part 247 would be revised to 
    read as follows:
    
        Authority: 12 U.S.C. 1701q, 1701s, 1715b, 1715l, and 1715z-1; 42 
    U.S.C. 1437a, 1437c, 1437f, and 3535(d).
    
        2. Section 247.3 would be amended by removing the word ``or'' from 
    paragraph (a)(2); by redesignating paragraph (a)(3) as paragraph 
    (a)(4); by adding a new paragraph (a)(3); and by amending paragraph (b) 
    by removing the reference to ``Sec. 247.3(a)(3)'' and by adding in its 
    place ``Sec. 247.3(a)(4)'', to read as follows:
    
    
    Sec. 247.3  Entitlement of tenants to occupancy.
    
        (a) * * *
        (3) Any criminal activity that threatens the health, safety, or 
    right to peaceful enjoyment of the premises by other tenants, any 
    criminal activity that threatens the health, safety, or right to 
    peaceful enjoyment of their residences by persons residing in the 
    immediate vicinity of the premises, or any drug related criminal 
    activity on or near such premises, engaged in by a tenant, any member 
    of the tenant's household, or any guest or other person under the 
    tenant's control, or
    * * * * *
        3. In Sec. 247.4, paragraph (c) would be amended by removing the 
    reference to ``Sec. 247.3(a)(3)'' and by adding in its place 
    ``Sec. 247.3(a)(4)''.
    
    PART 880--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR NEW 
    CONSTRUCTION
    
        4. The authority citation for 24 CFR part 880 would continue to 
    read as follows:
    
        Authority: 42 U.S.C. 1437a, 1437c, 1437f and 3535(d).
    
        5. Section 880.607 would be amended by removing the word ``or'' 
    from paragraph (b)(1)(ii); by redesignating paragraph (b)(1)(iii) as 
    (b)(1)(iv); by adding a new paragraph (b)(1)(iii); by revising the 
    newly designated (b)(1)(iv); and by amending paragraphs (b)(2) and 
    (c)(2) by removing the references to ``(b)(1)(iii)'' and by adding in 
    their places ``(b)(1)(iv)'', to read as follows:
    
    
    Sec. 880.607  Termination of tenancy and modification of lease.
    
    * * * * *
        (b) * * *
        (1) * * *
        (iii) Any criminal activity that threatens the health, safety, or 
    right to peaceful enjoyment of the premises by other tenants, any 
    criminal activity that threatens the health, safety, or right to 
    peaceful enjoyment of their residences by persons residing in the 
    immediate vicinity of the premises, or any drug-related criminal 
    activity on or near such premises, engaged in by a tenant, any member 
    of the tenant's household, or any guest or other person under the 
    tenant's control, or
        (iv) Other good cause, which may include the refusal of a family to 
    accept an approved modified lease form (see paragraph (d) of this 
    section). No termination by an owner will be valid to the extent it is 
    based upon a lease or provisions of State law permitting termination of 
    a tenancy solely because of expiration of an initial or subsequent 
    renewal term. All terminations also must be in accordance with the 
    provisions of any State and local landlord tenant law and with 
    paragraph (c) of this section.
    * * * * *
    
    PART 881--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR 
    SUBSTANTIAL REHABILITATION
    
        6. The authority citation for 24 CFR part 881 would be revised to 
    read as follows:
    
        Authority: 42 U.S.C. 1437a, 1437c, and 1437f, 3535(d) and 12701.
    
        7. Section 881.607 would be amended by removing the word ``or'' 
    from paragraph (b)(1)(ii); by redesignating paragraph (b)(1)(iii) as 
    paragraph (b)(1)(iv); by adding a new (b)(1)(iii); by revising the 
    newly designated (b)(1)(iv); and by amending paragraphs (b)(2) and 
    (c)(2) by removing the references to ``(b)(1)(iii)'' and by adding in 
    their places ``(b)(1)(iv)'', to read as follows:
    
    
    Sec. 881.607  Termination of tenancy and modification of lease.
    
    * * * * *
        (b) * * *
        (1) * * *
        (iii) Any criminal activity that threatens the health, safety, or 
    right to peaceful enjoyment of the premises by other tenants, any 
    criminal activity that threatens the health, safety, or right to 
    peaceful enjoyment of their residences by persons residing in the 
    immediate vicinity of the premises, or any drug-related criminal 
    activity on or near such premises, engaged in by a tenant, any member 
    of the tenant's household, or any guest or other person under the 
    tenant's control, or
        (iv) Other good cause, which may include the refusal of a family to 
    accept an approved modified lease form (see paragraph (d) of this 
    section). No termination by an owner will be valid to the extent it is 
    based upon a lease or provisions of State law permitting termination of 
    a tenancy solely because of expiration of an initial or subsequent 
    renewal term. All terminations also must be in accordance with the 
    provisions of any State and local landlord tenant law and with 
    paragraph (c) of this section.
    * * * * *
    
    PART 883--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--STATE 
    HOUSING AGENCIES
    
        8. The authority citation for 24 CFR part 883 would continue to 
    read as follows:
    
        Authority: 42 U.S.C. 1437a, 1437c, 1437f, and 3535(d).
    
        9. Section 883.708 would be amended by removing the word ``or'' 
    from paragraph (b)(1)(ii); by redesignating paragraph (b)(1)(iii) as 
    paragraph (b)(1)(iv); by adding a new paragraph (b)(1)(iii); and by 
    amending paragraphs (b)(2) and (c)(2) by removing the references to 
    ``(b)(1)(iii)'' and by adding in their places ``(b)(1)(iv)'', to read 
    as follows:
    
    
    Sec. 883.708  Termination of tenancy and modification of lease.
    
    * * * * *
        (b) * * *
        (1) * * *
        (iii) Any criminal activity that threatens the health, safety, or 
    right to peaceful enjoyment of the premises by other tenants, any 
    criminal activity that threatens the health, safety, or right to 
    peaceful enjoyment of their residences by persons residing in the 
    immediate vicinity of the premises, or any drug-related criminal 
    activity on or near such premises, engaged in by a tenant, any member 
    of the tenant's household, or any guest or other person under the 
    tenant's control, or
    * * * * *
        Dated: January 26, 1994.
    Nicolas P. Retsinas,
    Assistant Secretary for Housing--Federal Housing Commissioner.
    [FR Doc. 94-2390 Filed 2-2-94; 8:45 am]
    BILLING CODE 4210-27-P
    
    
    

Document Information

Published:
02/03/1994
Department:
Housing and Urban Development Department
Entry Type:
Uncategorized Document
Action:
Proposed rule.
Document Number:
94-2390
Dates:
Comments must be received by April 4, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: February 3, 1994, Docket No. R-94-1696, FR-3472-P-01
RINs:
2502-AG12: Termination of Tenancy for Criminal Activity (FR-3472)
RIN Links:
https://www.federalregister.gov/regulations/2502-AG12/termination-of-tenancy-for-criminal-activity-fr-3472-
CFR: (4)
24 CFR 247.3
24 CFR 880.607
24 CFR 881.607
24 CFR 883.708