24 C.F.R. § 886.128
§ 886.128 Termination of tenancy. (24 CFR Part 886)
Operative Text
Part 247 of this title (24 CFR part 247) applies to the termination of tenancy and eviction of a family assisted under this subpart. For cases involving termination of tenancy because of a failure to establish citizenship or eligible immigration status, the procedures of 24 CFR parts 247 and 5 shall apply. The provisions of 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), apply to this section. The provisions of 24 CFR part 5, subpart E, of this title concerning certain 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 concerning deferral of termination of assistance, also shall apply.
Under § 886.128, the termination of tenancy and eviction of households receiving assistance under this subpart is governed by the procedural protections found in 24 CFR Part 247. When a termination is based on a resident's failure to establish citizenship or eligible immigration status, both Part 247 and 24 CFR Part 5 procedures apply together. Households that include a mix of members with and without eligible immigration status may have access to alternative forms of assistance or a deferral of termination rather than an immediate loss of housing. Additionally, the federal protections for survivors of domestic violence, dating violence, sexual assault, or stalking found in 24 CFR Part 5, Subpart L, apply to any termination action under this section.
Plain English — not legal advice.
Property owners and managers operating under this subpart generally ensure that any termination of tenancy follows the procedural requirements of 24 CFR Part 247, as incorporated by § 886.128. When a proposed termination involves immigration-status eligibility questions, compliant operators account for the dual procedural requirements of both Part 247 and 24 CFR Part 5. Operators also typically review whether a household qualifies as a 'mixed family' under 24 CFR Part 5, Subpart E, before proceeding, and confirm that no termination action is taken against a household member in a manner that conflicts with the domestic violence protections in 24 CFR Part 5, Subpart L.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants assisted under this subpart have procedural rights under § 886.128 that must be followed before a termination of tenancy or eviction can proceed, rooted in 24 CFR Part 247. Tenants who are members of mixed-status families may have the right to seek alternative assistance arrangements or a deferral of termination under 24 CFR Part 5, Subpart E, rather than facing an immediate loss of housing. Survivors of domestic violence, dating violence, sexual assault, or stalking may have additional protections under 24 CFR Part 5, Subpart L, and can explore these rights by contacting a local tenant-rights organization, a HUD-approved housing counselor, or a legal aid office familiar with federal housing regulations.
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 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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