24 C.F.R. § 884.215
§ 884.215 Lease requirements. (24 CFR Part 884)
Operative Text
The Lease shall contain all required provisions specified in paragraph (b) of this section and none of the prohibited provisions listed in paragraph (c) of this section. In addition to the provisions specified in paragraph (b), the lease shall also contain a provision or addendum that tenants will receive notification at least 30 days before an eviction for nonpayment of rent is filed. (a) Term of lease. The term of the Lease shall be for not less than one year. The Lease may (or, in the case of a Lease for a term of more than one year, shall) contain a provision permitting termination upon 30 days advance written notice by either party. (b) Required provisions. The Lease between the Owner (Lessor) and the Family (Lessee) shall contain the following provisions: The following additional Lease provisions are incorporated in full in the Lease between ____________________ (Lessor) and ____________________ (Lessee) for the following dwelling unit: ____________________. In case of any conflict between these and any other provisions of the Lease, these provisions shall prevail. a. The total rent shall be $____________ per month. b. Of the total rent, $____________ shall be payable by or at the direction of the Department of Housing and Urban Development (“HUD”) as housing assistance payments on behalf of the Lessee and $____________ shall be payable by the Lessee. These amounts shall be subject to change by reason of changes in the Lessee's family income, family composition, or extent of exceptional medical or other unusual expenses, in accordance with HUD-established schedules and criteria; or by reason of adjustment by HUD, or the PHA, if appropriate, of any applicable Allowance for Utilities and Other Services. Any such change shall be effective as of the date stated in a notification to the Lessee. c. The Lessor shall not discriminate against the Lessee in the provision of services, or in any other manner, on the grounds of race, color, creed, religion, sex, or national origin. d. The Lessor shall provide the following services and maintenance: (c) Prohibited provisions. Lease clauses which fall within the classifications listed below shall not be included in any Lease. (1) Confession of judgment. Prior consent by tenant to any lawsuit the landlord may bring against him in connection with the Lease and to a judgment in favor of the landlord. (2) Distraint for rent or other charges. Authorization to the landlord to take property of the tenant and hold it as a pledge until the tenant performs any obligation which the landlord has determined the tenant has failed to perform. (3) Exculpatory clause. Agreement by tenant not to hold the landlord or landlord's agents liable for any acts or omissions whether intentional or negligent on the part of the landlord or the landlord's authorized representative or agents. (4) Waiver of legal notice to tenant prior to actions for eviction or money judgments. Agreement by tenant that the landlord may institute suit without any notice to the tenant that the suit has been filed. (5) Waiver of legal proceedings. Authorization to the landlord to evict the tenant or hold or sell the tenant's possessions whenever the landlord determines that a breach or default has occurred, without notice to the tenant or any determination by a court of the rights and liabilities of the parties. (6) Waiver of jury trial. Authorization to the landlord's lawyer to appear in court for the tenant and to waive the tenant's right to a trial by jury. (7) Waiver of right to appeal judicial error in legal proceedings. Authorization to the landlord's lawyer to waive the tenant's right to appeal on the ground of judicial error in any suit or the tenant's right to file a suit in equity to prevent the execution of a judgment. (8) Tenant chargeable with costs of legal actions regardless of outcome. Agreement by the tenant to pay attorney's fees or other legal costs whenever the landlord decides to take action against the tenant even though the court finds in favor of the tenant. (Omission of such clause does not mean that the tenant as a party to a lawsuit may not be obligated to pay attorney's fee or other costs if he loses the suit.)
Under 24 CFR Part 884 § 884.215, leases governed by this HUD program must run for at least one year and must include specific provisions covering rent amounts, the split between HUD housing assistance payments and the tenant's share, nondiscrimination protections, and required services. The rule also mandates that tenants receive at least 30 days' notice before an eviction for nonpayment of rent is filed. Equally important, the rule prohibits a defined list of lease clauses — such as confession-of-judgment provisions, waivers of jury trial, exculpatory clauses shielding landlords from liability, and others — that would strip tenants of fundamental legal protections.
Plain English — not legal advice.
Owners and managers operating under 24 CFR Part 884 § 884.215 generally ensure that every lease or addendum includes the enumerated required provisions — including the precise rent breakdown showing HUD's housing assistance payment share and the tenant's share — and that no prohibited clause from the section's list appears anywhere in the lease document. Compliant operators also build in a written notification process that gives tenants at least 30 days' advance notice before filing any eviction action for nonpayment of rent. Because HUD may review lease documents for compliance, operators typically maintain current lease templates that have been vetted against both the required and prohibited provisions lists in § 884.215.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in HUD-assisted housing covered by 24 CFR Part 884 § 884.215 have the right to a lease that includes clear disclosures of how rent is divided between HUD and the tenant, nondiscrimination protections, and at least 30 days' written notice before an eviction for nonpayment of rent is filed against them. If a lease contains any of the prohibited clauses identified in § 884.215(c) — such as a waiver of jury trial, a confession-of-judgment clause, or an exculpatory clause — that clause is not permitted under this regulation, and its presence may be raised as an issue in a legal proceeding or in a complaint to HUD or a local HUD field office. Tenants who believe their lease violates § 884.215 may also seek guidance from a local tenant-rights organization or legal aid office to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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