[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.
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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