HUD Handbook 4350.3 § 6-4
Leases,* Lease Amendments* and Lease Attachments – General (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
HUD guidance — not codified law
In Force
Verified 9/24/2026 · Next check 10/1/2026
effective 9/24/2026FederalLease RequirementsOperative Text
HUD Handbook 4350.3 § 6-4
A. This section identifies the regulatory requirements regarding an owner’s lease,
*lease addendums* and lease attachments, including the lead-based paint
disclosure form, house rules, and pet regulations. It also describes procedures
for meeting these requirements, identifying which procedures are required and
which are optional. Throughout this section, the differences in policies and
procedural requirements across the four model leases are identified.
NOTE: The leases may also need to be *provided* in languages other than
English for LEP persons, when applicable, in accordance with HUD guidance,
Final Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English
Proficient Persons, published in the Federal Register on January 22, 2007. *The
HUD model leases are available in English as well as several other languages
and are posted on HUDCLIPS at
http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclip
s and at HUD’s LEP website at http://www.hud.gov/offices/fheo/lep.xml.*
The lease is a legally binding contract between the owner and the tenant. The
regulations governing HUD’s various multifamily housing programs state that
owners must use leases that are in an acceptable form to HUD. In practice,
owners must use one of the four model leases prescribed by HUD (see Figure 6-
2). The lease an owner uses depends on the program being administered.
1. Owners may, but are not required to, use the HUD model leases for units
where the tenant pays market rent, full contract rent, or 110% of the BMIR
rent in the case of Section 221(d)(3) BMIR properties.
2. The HUD model leases do not apply to cooperatives. Cooperative
members should use occupancy agreements. All occupancy agreements
executed after February 15, 1984 must include the cooperative’s policy
on unit transfers and paragraphs 15, 16, 17, 23 and 25 of the Model
Lease for Subsidized Programs covering recertification, termination of
assistance, and fraud penalties. (See paragraph 6-5 A for more
information.)
B. The HUD model leases identify the program requirements that owners and tenants
must adhere to while participating in the programs. Although many of these
requirements are the same in each of the four leases, several of the lease
provisions vary from lease to lease. For example, changes in the tenant rent are
listed in all four model leases; however, the specific requirements and language are
different among the four leases.
C. *The Violence Against Women and Justice Department Reauthorization Act of
2005 Lease Addendum (VAWA), form HUD-91067, must be attached to the
applicable model lease for all tenants receiving Section 8 assistance. (see
Paragraph 6-5.B.2 for signature requirements).*
D. Changes to the Model Lease for Subsidized Programs *by owners* may only be
for documented state or local laws, or a management practice generally used by
management entities of assisted projects. *Lease modifications by owners are
made using a lease addendum.* Before implementing the changes, the owner
must obtain written approval from HUD or the Contract Administrator. The Model
Lease for Section 202/8 or Section 202 PACs may only be modified for
documented state or local laws or as specifically noted in paragraph 6-5 D. The
Model Leases for Section 202 PRACs and Section 811 PRACs may only be
modified for documented state or local laws or as specifically noted in paragraph
*NOTE: Owner modifications to the HUD model leases through revisions to
the leases themselves or through lease addendums that were approved
prior to the effective date of Change 4 to this Handbook remain in effect
until such time as HUD re-issues the model leases with modifications to the
language in the leases or the lease addendum modifications are no longer
applicable.*
E. If any provision of a model lease conflicts with state or local law, the owner must
follow the rule that is of most benefit to the tenant.Source: Legislative text reproduced verbatim
Effective Timeline
Current
Sep 24, 2026
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Related Rules
§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY