The Trainer — September 2017
Understanding Owners & Residents’ Rights & Responsibilities
In this month’s feature, we discussed the new Resident Rights and Responsibilities brochure HUD posted on its website last July. This brochure, which tells households about their rights and responsibilities as residents of assisted housing, should be given to the household head whenever a new household signs its first lease with you, and each year at annual recertification. Along with the brochure, the HUD model lease for its subsidy programs gives both residents and owners a more complete idea of their rights and responsibilities. We reviewed four key issues covered in the model lease and brochure and how they affect you.
QUESTION #1
The model lease prohibits residents from making alterations to their units under any circumstances. True or false?
a. True.
b. False.
QUESTION #2
You may terminate a resident’s tenancy not only for any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the site by other residents, but also for any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by people residing in the immediate vicinity of the site. True or false?
a. True.
b. False.
QUESTION #3
Residents have the right to organize and use appropriate common areas to meet as long as representatives or employees of the owner or management company are present. True or false?
a. True.
b. False.
QUESTION #4
If the owner’s Section 8 HAP contract expires, the residents’ leases will terminate automatically, and you don’t have to worry about sending residents notices. True or false?
a. True.
b. False.
ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: b
False. Although the lease bans alterations without your prior written approval, it also makes clear that you must make reasonable accommodations or modifications to the unit or common area for a resident with a disability unless they would constitute a “fundamental alteration” to your program or would impose a “substantial financial or administrative hardship” on your site. If you deny a disabled resident’s request for either of these reasons, you still must let the resident make the alterations at his own expense as permitted under the Fair Housing Act.
QUESTION #2
Correct answer: a
True. Residents have a responsibility to the site and fellow residents to not engage in criminal activity in the apartment or common areas. The model lease includes a “one-strike” lease clause to paragraph 23, making drug-related and certain other criminal activity on or near the site by household members, guests, or other persons “under the tenant’s control” grounds for eviction (par. 23(c)(3-10)).
QUESTION #3
Correct answer: b
False. Residents have the right to meet without representatives or employees of the owner or management company present. The model lease says that you agree to let residents and resident organizers establish and operate a resident organization as required by HUD’s tenant participation rule. The rule requires owners and managers to recognize legitimate resident organizations and to listen to their concerns about certain management decisions and living conditions. It spells out the activities that you must allow residents and organizers to conduct so that they can organize and operate resident organizations at your site.
QUESTION #4
Correct answer: b
False. Although the model lease states that the lease will terminate automatically if the Section 8 HAP contract terminates “for any reason,” check with your attorney before the owner lets the contract expire to see if you must comply with notice requirements imposed by your state law.