24 C.F.R. § 966.6
§ 966.6 Prohibited lease provisions. (24 CFR Part 966)
Operative Text
Lease clauses of the nature described below shall not be included in new leases between a PHA and a tenant and shall be deleted from existing leases either by amendment thereof or execution of a new lease: (a) Confession of judgment. Prior consent by the tenant to any lawsuit the landlord may bring against him in connection with the lease and to a judgment in favor of the landlord. (b) Distraint for rent or other charges. Agreement by the tenant that landlord is authorized to take property of the tenant and hold it as a pledge until the tenant performs the obligation which the landlord has determined the tenant has failed to perform. (c) Exculpatory clauses. Agreement by the tenant not to hold the landlord or landlord's agent liable for any acts or omissions whether intentional or negligent on the part of the landlord or the landlord's authorized representatives or agents. (d) Waiver of legal notice by tenant prior to actions for eviction or money judgments. Agreements by the tenant that the landlord may institute suit without any notice to the tenant that the suit has been filed, thus preventing the tenant from defending against the lawsuit. (e) Waiver of legal proceedings. Authorization to the landlord to evict the tenant or hold or sell the tenant's possessions whenever the landlord determines that a breach or default has occurred without notice to the tenant or any determination by a court of the rights and liabilities of the parties. (f) Waiver of jury trial. Authorization of the landlord's lawyer to appear in court for the tenant and waive the right to a trial by jury. (g) Waiver of right to appeal judicial error in legal proceeding. Authorization to the landlord's lawyer to waive the right to appeal for judicial error in any suit or to waive the right to file a suit in equity to prevent the execution of a judgment. (h) Tenant chargeable with cost of legal actions regardless of outcome. Provision that the tenant agrees to pay attorney's fees or other legal costs whenever the landlord decides to take action against the tenant even though the court determines that the tenant prevails in the action. Prohibition of this type of provision does not mean that the tenant as a party to the lawsuit may not be obligated to pay attorney's fees or other costs if he loses the suit.
Under 24 CFR Part 966 § 966.6, Public Housing Authority (PHA) leases are prohibited from containing certain clauses that would strip tenants of fundamental legal protections. These banned provisions include pre-consented judgments, seizure of tenant property as collateral, waivers of liability for landlord negligence, waivers of notice before eviction or suit, bypassing of court proceedings, waivers of jury trial rights, waivers of the right to appeal judicial error, and automatic attorney's fee obligations regardless of who wins a case. The rule applies both to new leases going forward and requires that existing leases be amended or replaced to remove any such clauses.
Plain English — not legal advice.
PHAs and their property managers operating under 24 CFR Part 966 § 966.6 are expected to audit all current lease agreements to identify and remove any of the eight categories of prohibited clauses, either through formal lease amendments or by issuing new leases. Compliant operators ensure that no lease document requires a tenant to pre-consent to lawsuits, waive notice rights, surrender jury trial rights, or absorb attorney's fees simply because the PHA chose to initiate legal action. Maintaining lease templates that have been reviewed against this provision is a standard practice for PHA compliance programs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 966.6 of 24 CFR Part 966 establishes that public housing tenants cannot be bound by lease clauses that waive their right to notice before eviction, surrender their right to a jury trial, or require them to pay the PHA's legal costs when they prevail in court, among other protections. If a tenant believes their PHA lease contains one of these prohibited provisions, that clause may be unenforceable, and raising it as a defense in any related legal proceeding is a recognized path. Tenant-rights organizations and local legal aid offices familiar with public housing regulations can help residents understand how these protections apply to their lease documents.
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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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