24 C.F.R. § 982.309
§ 982.309 Term of assisted tenancy. (24 CFR Part 982)
Operative Text
(a) Initial term of lease. (1) Except as provided in paragraph (a)(2) of this section, the initial lease term must be for at least one year. (2) The PHA may approve a shorter initial lease term if the PHA determines that: (i) Such shorter term would improve housing opportunities for the tenant; and (ii) Such shorter term is the prevailing local market practice. (3) During the initial term of the lease, the owner may not raise the rent to owner. (4) The PHA may execute the HAP contract even if there is less than one year remaining from the beginning of the initial lease term to the end of the last expiring funding increment under the consolidated ACC. (b) Term of HAP contract. (1) The term of the HAP contract begins on the first day of the lease term and ends on the last day of the lease term. (2) The HAP contract terminates if any of the following occurs: (i) The lease is terminated by the owner or the tenant; (ii) The PHA terminates the HAP contract; or (iii) The PHA terminates assistance for the family. (c) Family responsibility. (1) If the family terminates the lease on notice to the owner, the family must give the PHA a copy of the notice of termination at the same time. Failure to do this is a breach of family obligations under the program. (2) The family must notify the PHA and the owner before the family moves out of the unit. Failure to do this is a breach of family obligations under the program.
Under 24 CFR Part 982 § 982.309, Housing Choice Voucher leases must generally start with an initial term of at least one year, though a Public Housing Authority (PHA) may approve a shorter term when doing so would expand housing opportunities and reflects local market norms. During that initial term, the owner is prohibited from raising the rent. The Housing Assistance Payments (HAP) contract runs concurrently with the lease and ends automatically if the lease is terminated by either party, or if the PHA ends the contract or the family's assistance.
Plain English — not legal advice.
Under § 982.309, compliant operators set an initial lease term of at least one year unless the PHA has specifically approved a shorter term in writing. Owners hold the rent to owner steady throughout the entire initial lease period, making no mid-term rent increases. When a lease ends or is terminated for any reason, owners should be aware that the HAP contract terminates simultaneously, ending the subsidy payments tied to that tenancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 982.309 gives voucher-assisted tenants the assurance that their rent will not increase during the initial lease term, and that the HAP contract remains active as long as the lease is in effect. Families also carry obligations under this provision: when ending a lease, a copy of the termination notice must be sent to the PHA at the same time it is sent to the owner, and the PHA and owner must both be notified when the family plans to vacate. Tenants who have questions about these notice requirements or believe their rights under § 982.309 have not been honored can contact their local PHA, a HUD-approved housing counseling agency, or a tenant-rights organization for general guidance.
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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