24 C.F.R. § 5.713
§ 5.713 Second- and third-party rights. (24 CFR Part 5)
Operative Text
Nothing in this subpart is intended to create any right of the family residing in HUD Housing or any party, other than HUD or a PHA, to require enforcement of the standards required by this subpart or to assert any claim against HUD or the PHA for damages, injunction, or other relief for alleged failure to enforce the standards.
Section 5.713 of 24 CFR Part 5 clarifies that the smoke-free and housing standards established in this subpart do not create independent legal rights for residents or outside parties to sue HUD or a Public Housing Authority (PHA) for failing to enforce those standards. In other words, enforcement authority under this subpart rests exclusively with HUD and PHAs themselves — not with tenants, families, or third parties. No private right of action for damages, injunctions, or other relief is created by this subpart against either agency.
Plain English — not legal advice.
Under § 5.713, property owners and managers operating HUD Housing should understand that enforcement of the standards in this subpart is a matter between HUD and the PHA — not something that residents can independently compel through litigation against those agencies. Compliant operators generally maintain their own internal policies and procedures aligned with HUD standards, recognizing that HUD and the PHA retain sole enforcement authority under this provision. Familiarity with § 5.713 helps operators understand the structural boundaries of who holds enforcement power within this regulatory framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5.713 makes clear that residents living in HUD Housing do not have a direct legal right under this subpart to force HUD or a PHA to enforce its standards, nor to sue those agencies for damages or other relief based on alleged non-enforcement. This does not necessarily eliminate all avenues available to residents — other laws, lease terms, or administrative complaint processes may still apply depending on the circumstances. Tenants who believe standards are not being met may wish to consult a tenant-rights organization or legal aid provider to understand what options, if any, exist outside of this specific subpart.
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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.