24 C.F.R. § 982.308
§ 982.308 Lease and tenancy. (24 CFR Part 982)
Operative Text
(a) Tenant's legal capacity. The tenant must have legal capacity to enter a lease under State and local law. “Legal capacity” means that the tenant is bound by the terms of the lease and may enforce the terms of the lease against the owner. (b) Form of lease. (1) The tenant and the owner must enter a written lease for the unit. The lease must be executed by the owner and the tenant. (2) If the owner uses a standard lease form for rental to unassisted tenants in the locality or the premises, the lease must be in such standard form (plus the HUD-prescribed tenancy addendum). If the owner does not use a standard lease form for rental to unassisted tenants, the owner may use another form of lease, such as a PHA model lease (including the HUD-prescribed tenancy addendum). The HAP contract prescribed by HUD will contain the owner's certification that if the owner uses a standard lease form for rental to unassisted tenants, the lease is in such standard form. (c) State and local law. The PHA may review the lease to determine if the lease complies with State and local law. The PHA may decline to approve the tenancy if the PHA determines that the lease does not comply with State or local law. (d) Required information. The lease must specify all of the following: (1) The names of the owner and the tenant; (2) The unit rented (address, apartment number, and any other information needed to identify the contract unit); (3) The term of the lease (initial term and any provisions for renewal); (4) The amount of the monthly rent to owner; and (5) A specification of what utilities and appliances are to be supplied by the owner, and what utilities and appliances are to be supplied by the family. (e) Reasonable rent. The rent to owner must be reasonable (see § 982.507). (f) Tenancy addendum. (1) The HAP contract form required by HUD shall include an addendum (the “tenancy addendum”), that sets forth: (i) The tenancy requirements for the program (in accordance with this section and §§ 982.309 and 982.310); and (ii) The composition of the household as approved by the PHA (family members and any PHA-approved live-in aide). (2) All provisions in the HUD-required tenancy addendum must be added word-for-word to the owner's standard form lease that is used by the owner for unassisted tenants. The tenant shall have the right to enforce the tenancy addendum against the owner, and the terms of the tenancy addendum shall prevail over any other provisions of the lease. (g) Changes in lease or rent. (1) If the tenant and the owner agree to any changes in the lease, such changes must be in writing, and the owner must immediately give the PHA a copy of such changes. The lease, including any changes, must be in accordance with the requirements of this section. (2) In the following cases, tenant-based assistance shall not be continued unless the PHA has approved a new tenancy in accordance with program requirements and has executed a new HAP contract with the owner: (i) If there are any changes in lease requirements governing tenant or owner responsibilities for utilities or appliances; (ii) If there are any changes in lease provisions governing the term of the lease; (iii) If the family moves to a new unit, even if the unit is in the same building or complex. (3) PHA approval of the tenancy, and execution of a new HAP contract, are not required for changes in the lease other than as specified in paragraph (g)(2) of this section. (4) The owner must notify the PHA of any changes in the amount of the rent to owner at least sixty days before any such changes go into effect, and any such changes shall be subject to rent reasonableness requirements (see § 982.503).
Under 24 CFR Part 982 § 982.308, Housing Choice Voucher tenancies must be documented through a written lease signed by both the owner and the tenant, who must have legal capacity under state and local law to enter into that agreement. The lease must include specific details such as the parties' names, unit address, lease term, monthly rent amount, and a clear breakdown of utility and appliance responsibilities. A HUD-prescribed tenancy addendum must be incorporated word-for-word into the lease, and its terms take precedence over any conflicting lease provisions. Certain changes—such as shifts in utility responsibilities, lease term modifications, or a move to a new unit—require PHA approval of a new tenancy and a new Housing Assistance Payments (HAP) contract before assistance can continue.
Plain English — not legal advice.
Operators participating in the Housing Choice Voucher program under 24 CFR Part 982 § 982.308 generally use their standard lease form (if one exists for unassisted tenants) and attach the HUD-prescribed tenancy addendum verbatim, ensuring the addendum's terms govern in any conflict. Compliant owners include all required lease details—names, unit identification, lease term, rent amount, and utility/appliance responsibilities—and submit any written lease changes to the PHA immediately. When changes involve utility responsibilities, lease term provisions, or a family's move to a new unit, operators typically work with the PHA to secure approval of a new tenancy and execute a new HAP contract before those changes take effect. Rent increases require written notice to the PHA at least sixty days in advance and remain subject to rent reasonableness review under § 982.503.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 982 § 982.308, tenants in the Housing Choice Voucher program have the right to enforce the HUD-prescribed tenancy addendum directly against their owner, and that addendum's terms override conflicting provisions in the standard lease. The lease must clearly spell out who is responsible for which utilities and appliances, the full lease term, and the monthly rent—giving tenants a documented basis to identify any discrepancies. If an owner attempts to change utility responsibilities or lease terms without PHA approval, or if assistance appears to have continued without a properly executed HAP contract, tenants can raise these requirements with their local PHA, document concerns in writing, or reach out to a tenant-rights organization familiar with federal housing voucher rules for guidance on 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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