24 C.F.R. § 884.216
§ 884.216 Termination of tenancy. (24 CFR Part 884)
Operative Text
(a) The owner is responsible for termination of tenancies, including evictions. However, conditions for payment of housing assistance payments for any resulting vacancies must be as set forth in § 884.106(c)(1). Failure of the family to sign and submit consent forms for the obtaining of wage and claim information from State Wage Information Collection Agencies, as provided by 24 CFR part 5, shall be grounds for termination of tenancy. For provisions requiring termination of assistance for failure to establish citizenship or eligible immigration status, including the applicable informal requirements, see 24 CFR part 5 and also for provisions concerning assistance for mixed families (families whose members include those with eligible immigration status, and those without eligible immigration status) in lieu of termination of assistance, and for provisions concerning deferral of termination of assistance. (b) Termination of tenancy for criminal activity by a covered person is subject to 24 CFR 5.858 and 5.859, and termination of tenancy for alcohol abuse by a covered person is subject to 24 CFR 5.860. (c) In actions or potential actions to terminate tenancy, the owner shall follow 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking). (d) In the case of failure to pay rent, the owner must provide the tenant with a termination notice at least 30 days before a formal judicial eviction is filed. All termination notices in cases of failure to pay rent must include the following: (1) Instructions on how the tenant can cure the nonpayment of rent, including an itemized amount separated by month of alleged rent owed by the tenant, any other arrearages allowed by HUD and included in the lease separated by month, and the date by which the tenant must pay the amount of rent owed before an eviction for nonpayment of rent can be filed; (2) Information on how the tenant can recertify their income and apply for a hardship exemption pursuant to 24 CFR 5.630(b); and (3) In the event of a Presidential declaration of a national emergency, such information as required by the Secretary. (e) An owner must not provide tenants with a termination notice prior to the day after the rent is due according to the lease. An owner must not proceed with filing an eviction if the tenant pays the alleged amount of rent owed within the 30-day notification period.
Under 24 CFR Part 884 § 884.216, owners in this assisted-housing program bear responsibility for managing tenancy terminations and evictions, but must do so within a framework of federal requirements. For nonpayment of rent, the rule establishes a mandatory 30-day notice period before any eviction filing, and that notice must include an itemized breakdown of amounts owed, guidance on income recertification and hardship exemptions, and a clear path for the tenant to cure the default. Separate federal standards govern terminations tied to criminal activity, alcohol abuse, immigration status, and protections for survivors of domestic violence and related offenses.
Plain English — not legal advice.
Owners operating under 24 CFR Part 884 § 884.216 generally ensure that every nonpayment-of-rent termination notice is issued no earlier than the day after rent is due, provides a full month-by-month itemization of alleged arrears, and gives the tenant at least 30 days to pay before a judicial eviction is filed. Compliant operators also incorporate information about income recertification and hardship exemption procedures into those notices, and they do not proceed with an eviction filing if the tenant satisfies the alleged balance within the notice period. For terminations involving criminal activity, alcohol abuse, or immigration status, owners align their procedures with the cross-referenced federal regulations cited in § 884.216(b) and (a), and they apply the domestic-violence protections outlined in 24 CFR part 5, subpart L as required by § 884.216(c).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 884 § 884.216, tenants in this program have a right to at least 30 days' written notice before an eviction for nonpayment of rent can be filed, and that notice must spell out exactly how much is owed month by month and how to cure the default. The provision also entitles tenants to information about recertifying income and applying for a hardship exemption, and an owner who files for eviction after the tenant has paid the stated amount within the notice window may be acting contrary to § 884.216(e). Tenants who believe these notice requirements were not followed may raise the issue as a defense in eviction proceedings, contact a local HUD office, or reach out to a tenant-rights organization for general information about 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 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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