24 C.F.R. § 886.328
§ 886.328 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 part 247 and 24 CFR part 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, 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.
Section 886.328 establishes that federally assisted tenancies under this subpart are governed by the termination and eviction procedures set out in 24 CFR Part 247, rather than leaving those procedures to a landlord's sole discretion. When a termination is based on a family member's failure to establish citizenship or eligible immigration status, both Part 247 and 24 CFR Part 5 procedures must be followed. The provision also extends two additional federal protections to covered tenancies: the Violence Against Women Act (VAWA) safeguards found in 24 CFR Part 5, Subpart L, and the mixed-family assistance rules in 24 CFR Part 5, Subpart E, which can allow continued or deferred assistance instead of outright termination.
Plain English — not legal advice.
Operators managing units assisted under this subpart must follow the procedural requirements of 24 CFR Part 247 before terminating any tenancy, as required by § 886.328. When a proposed termination is related to immigration status, compliant operators also apply the parallel procedures in 24 CFR Part 5, and they separately evaluate whether mixed-family provisions under Part 5, Subpart E allow for continued or deferred assistance rather than full termination. Operators generally document their review of VAWA protections under Part 5, Subpart L before proceeding with any termination action, since failure to apply these overlapping federal frameworks can expose a termination to legal challenge.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 886.328, families assisted through this subpart have the right to have any termination of tenancy carried out only in accordance with 24 CFR Part 247's procedural protections. If a termination is proposed on immigration-status grounds, tenants may have additional procedural rights under 24 CFR Part 5, and mixed-family households may be entitled to explore continued or deferred assistance under Part 5, Subpart E rather than facing immediate loss of housing. Tenants who believe a termination does not comply with § 886.328—including those who may qualify for VAWA protections under Part 5, Subpart L—can raise the violation as a defense in eviction proceedings, contact a local tenant-rights organization, or reach out to HUD's regional office for information about available remedies.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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