HUD Handbook 4350.3 § 6-5
Lease Requirements (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 § 6-5
A. Form of Lease
Model leases. HUD has provided model leases that must be used under certain
programs. Figure 6-2 identifies the appropriate lease for HUD’s subsidized
programs.
Figure 6-2: Required Leases
Form of Lease Programs that Use the Lease
Model Lease for Subsidized Programs (Family Section 221(d)(3) BMIR
Model Lease)
Section 236
(See Appendix 4-A.)
Section 8 New Construction
Section 8 Substantial Rehabilitation
Section 8 State Agency (See Paragraph
6.5F)
RHS 515 with Section 8 (See Paragraph
6.5 F)
Section 8 Loan Management Set-Aside
(LMSA)
Section 8 Property Disposition Set-Aside
(PDSA)
Rental Assistant Payment (RAP)
Rent Supplement
Model Lease for Section 202/8 or Section 202 Section 202 Programs for the Elderly and
PACs Persons with Disabilities in conjunction with
(See Appendix 4-B.) Section 8 assistance
*Prepaid Section 202/8 Loans*
*Model Lease for Section 202/8 or Section Section 202 Programs for the Nonelderly
202 PACs Disabled Families and Individuals in
conjunction with Section 162 assistance*
(See Appendix 4-B,)
Model Lease for Section 202 PRACs Section 202 Program of Supportive
(See Appendix 4-C.) Housing for the Elderly
Model Lease for Section 811 PRACs Section 811 Program of Supportive
(See Appendix 4-D.) Housing for Persons with Disabilities
A model lease developed by a State Agency Section 8 State Agency
that complies with HUD rules and regulations
Occupancy Agreement Assisted Cooperatives
* Figure 6-3: HUD Issued Lease Addendum
Form of Lease Addendum Programs that Use the Lease
Addendum
Violence Against Women and Justice Section 8 programs only
Department Reauthorization Act of 2005
Lease Addendum (See Appendix 4-H.) Section 8 New Construction
Section 8 Substantial Rehabilitation
Section 8 State Agency
RHS 515 with Section 8
Section 8 LMSA
Section 8 PDSA
Section 202 Programs for the
Elderly and Persons with
Disabilities in conjunction with
Section 8 assistance*
1. For projects financed by a State Agency, owners must use the lease form
prescribed by the State Agency or obtain the State Agency’s approval for
changes to that lease. (State Agencies must ensure that the lease form
is consistent with HUD regulations and the rules in this handbook.)
2. Cooperatives. Although a family receiving Section 8 assistance and
residing in a cooperative is subject to the same regulatory tenancy
requirements as other Section 8-assisted families, cooperatives use
HUD-approved occupancy agreements in lieu of a model lease.
Occupancy agreements for assisted cooperatives must incorporate 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.
3. Required attachments.
The following documents must be attached to the lease:
a. HUD-50059 signed by the tenant and the owner;
b. HUD-50059-A signed by the owner and, when applicable, by the
tenant.
c. Move-in inspection report signed by both the owner and tenant;
d. House Rules, if such rules have been developed by the owner;
e. Lead-based paint disclosure form (if applicable);
f. Pet rules (if applicable);
g. *Owner’s* Live-in Aide addendum (if applicable).
NOTE: The live-in aide addendum must establish that a live-in
aide is not eligible to remain in the unit once the tenant is no
longer living in the unit, regardless of the circumstances for the
tenant’s departure. The live-in aide addendum may give the
owner the right to evict a live-in aide who violates any of the
house rules.
h. *Owner’s Police or Security Personnel addendum (if applicable);
i. HUD issued Violence Against Women and Justice Department
Reauthorization Act of 2005 (VAWA) Lease Addendum (Section 8
only).*
B. Key Requirements under HUD’s Model Leases *and Lease Addendums*
1. The lease may cover only rental of the unit and provision of services
routinely provided at rental properties (e.g., parking).
a. Owners and tenants must execute separate agreements for
special services (e.g., voluntary meals program or health care
services).
b. Failure to adhere to these separate agreements is not grounds for
termination of tenancy, except that:
Tenant participation in a mandatory meals program is
incorporated as a condition of occupancy in rental properties for
the elderly or handicapped with HUD-approved mandatory meals
programs. Under these conditions, compliance is binding on the
tenant as a lease provision.
2. The head of household, spouse, any individual listed as co-head, and all
adult members of the household must sign the lease, *HUD issued lease
addendums and owner’s lease addendums. (See Paragraph 6-4.D
Note.)*
3. When a tenant transfers to another unit, the owner and all tenants
required to sign the lease must sign a lease for the new unit.
4. The lease includes language permitting the owner to terminate the lease
for drug-related activity and criminal activity. This is the result of
regulations effective June 25, 2001, for Screening and Eviction of Drug
Abuse and Other Criminal Activity. For more information, refer to the
lease and Chapter 8 for information regarding terminations.
C. Model Lease for Subsidized Programs
1. Applicability. The following properties use the Model Lease for
Subsidized Programs (also known as the family model lease):
a. Section 221(d)(3) BMIR;
b. Section 236 Interest Reduction;
c. Section 8 New Construction;
d. Section 8 Substantial Rehabilitation;
e. RHS 515 with Section 8 (see Paragraph 6-5 F);
f. Section 8 Loan Management Set-Aside (LMSA); and
g. Section 8 Property Disposition Set-Aside (PDSA).
h. Rental Assistance Payment (RAP)
i. Rent Supplement
2. HUD will permit modifications to the Model Lease for Subsidized
Programs, but modifications must be *made in the form of a lease
addendum and* approved by HUD or the Contract Administrator. (See
paragraph 6-12 for modification procedures, and paragraphs 6-11 and 6-
12 on amending and modifying leases for more information.)
3. HUD will not permit modifications to the following nine provisions of the
model lease:
a. Changes in Tenant Rent;
b. Regularly Scheduled Recertifications;
c. Reporting Changes between Regularly Scheduled
Recertifications;
d. Removal of Subsidy;
e. Tenant Obligation to Repay;
f. Discrimination Prohibited;
g. Changes in Rental Agreement;
h. Termination of Tenancy; and
i. Penalties for Submitting False Information.
4. Additional lease provision for pets in Section 8 projects. Lease provisions
for pets are found only in the Model Leases for Section 202/8, Section
202 PACs, Section 202 PRACs, and Section 811 PRACs. However,
certain properties (e.g., Section 8 New Construction, Section 8 State
Agency) may be available for occupancy only to elderly and/or disabled
tenants. As a result, the language addressing pets that is found in the
Model Lease for Section 202/8 and Section 202 PACs must be added to
the Model Lease for Subsidized Programs for use in these properties.
Modifying the Model Lease for Subsidized Programs to include the pet
provisions from the Model Lease for Section 202/8 and Section 202
PACs, *must be made as a lease addendum approved by HUD or the
Contract Administrator.*
5. Additional lease provision for authorized police/security personnel. *A
lease addendum* for units occupied by such persons must include a
provision that states that the police officer or security personnel’s right of
occupancy is dependent on the continuation of the employment that
qualified him/her for residency in the property under the plan.
6. Prohibited provisions. The following provisions must not be included in a
lease modification.
a. Confession of judgment. The prior consent by the tenant to any
lawsuit initiated by the owner in connection with the lease and to a
judgment in favor of the landlord.
b. Distraint for rent or other charges. An agreement by the tenant
that the owner is authorized to take property of the tenant and
hold it until the tenant performs an obligation the owner has
determined the tenant has failed to perform.
c. Exculpatory clauses. An agreement by the tenant not to hold the
owner or its agents liable for any acts or omissions, intentional or
negligent, on the part of the owner or the owner’s authorized
representatives or agents.
d. Waiver of legal notice by tenant before actions for eviction or
money judgment. An agreement by the tenant that the landlord
may institute suit without notifying the tenant that the suit has
been filed.
e. Waiver of legal proceedings. Authorization for the owner to evict
the tenant or hold/sell the tenant’s possessions whenever the
owner determines a breach or default has occurred, without notice
to the tenant or determination by a court of the rights and liabilities
of the parties.
f. Waiver of jury trial. Authorization for the owner’s attorney to
appear in court on behalf of the tenant and waive the right to a jury
trial.
g. Waiver of right to appeal judicial proceeding. Authorization for the
owner’s attorney to waive the tenant’s rights to (1) appeal for
judicial error in any suit brought against the tenant by the owner or
its agent, or (2) file suit to prevent the execution of a judgment.
h. Tenant chargeable with cost of legal actions regardless of
outcome. A provision that the tenant agrees to pay all attorney
and other legal costs if the owner brings legal action against the
tenant, even if the tenant prevails in the action. Prohibition of this
provision does not mean the tenant, as a party to a lawsuit, may
not be obligated to pay attorney’s fees or other costs if the tenant
loses the suit.
NOTE: In properties restricted to occupancy by the elderly or disabled,
the lease must not contain a provision relieving the owner of liability for
the wrongful removal of a pet.
D. Model Lease for Section 202/8 and Section 202 PACs
1. The Model Lease for Section 202/8 or Section 202 PACs may only be
modified for documented state or local laws or as noted in the following
paragraph. *Modifications to the lease must be in the form of a lease
addendum.*
2. The regulations for Section 202 properties state that an owner may
include a provision in the lease that permits the owner to enter the leased
premises at any time without advance notice to the tenant when there is
reasonable cause to believe an emergency exists or that the health or
safety of a family member is endangered. (See Paragraph 6-4.D Note.)
E. Model Lease for Section 202 PRACs and Section 811 PRACs
1. The Model Lease for the Section 202 PRAC or Section 811 PRAC may
only be modified for documented state or local laws or as noted in the
following paragraph. *Modifications to the lease must be in the form of a
lease addendum.* (See Paragraph 6-4.D Note.)
2. The regulations for Section 202 PRAC and Section 811 PRAC properties
state that an owner may include a provision in the lease that permits the
owner to enter the leased premises at any time without advance notice to
the tenant when there is reasonable cause to believe an emergency
exists or that the health or safety of a family member is endangered.
F. Required Lease Provisions for Specific Properties
1. Required Section 8 State Agency lease provisions. See Exhibit 6-1 at the
end of Chapter 6 for a copy of the provision for Section 8 State Agency
properties. These provisions must be added to the lease developed by
the State Agency.
2. Required RHS 515 with Section 8 lease provisions. The HUD model
lease in Appendix 4-A must be used at Rural Housing Service’s (RHS)
Section 515 projects that have Section 8 assistance. Exhibit 6-2 contains
the lease provisions required by RHS. Owners will be responsible for
ensuring that any RHS required provisions not already included in the
HUD model lease are added to the lease as an addendum. The lease
addendum must be reviewed and approved by HUD or the Contract
Administrator, ensuring the addendum does not include provisions that
conflict with HUD requirements or regulations. The RHS required lease
provisions are also provided in Attachment 6-E of the USDA MFH Asset
Management Handbook, HB-2-3560.
G. *Requirements of HUD Issued Lease Addendums
Violence Against Women and Justice Department Reauthorization Act of 2005
Lease Addendum (VAWA) (form HUD-91067) – Section 8 only
1. Owners must attach the HUD-approved lease addendum to each existing
or new lease. The addendum must be signed by all tenants required to
sign the lease. The lease addendum revises the applicable Section 8
lease to reflect the statutory requirements of the VAWA.
2. Protections Against Termination of Assistance or Eviction for Victims of
Domestic Violence, Dating Violence or Stalking.
a. An incident or incidents of actual or threatened domestic violence,
dating violence or stalking will not be construed as serious or
repeated violations of the lease by the victim or threatened victim
or other “good cause” for terminating the assistance, tenancy, or
occupancy rights of a victim of abuse.
b. Criminal activity directly related to domestic violence, dating
violence, or stalking, engaged in by a member of a tenant’s
household or any guest or other person under the tenant’s control,
shall not be cause for termination of assistance, tenancy,
occupancy rights of, or assistance to the victim, if the tenant or
immediate family member of the tenant is the victim.
c. The authority to evict or terminate assistance is not limited with
respect to a victim that commits unrelated criminal activity.
Furthermore, if an O/A can show an actual and imminent threat to
other tenants or those employed at or providing service to the
property if an unlawful tenant’s residency is not terminated, then
evicting a victim is an option, the VAWA notwithstanding.
Ultimately, O/As may not subject victims to more demanding
standards than other tenants.
3. Lease Bifurcation.
Assistance may be terminated or a lease “bifurcated” in order to remove
an offending household member from the home. Whether or not the
individual is a signatory to the lease and lawful tenant, if he/she engages
in a criminal act of physical violence against family members or others,
he/she stands to be evicted, removed, or have his/her occupancy rights
terminated. This action is taken while allowing the victim, who is a tenant
or lawful occupant, to remain.
a. Owners must keep in mind that eviction of or the termination
action against the individual must be in accordance with the
procedures prescribed by federal, state and local law.
b. In the event that one household member is removed from the unit
because of engaging in acts of domestic violence, dating violence
or stalking against another household member, an interim
recertification should be processed reflecting the change in
household composition.
4. The provisions protecting victims of domestic violence, dating violence or
stalking engaged in by a member of the household, may not be construed
to limit the owner, when notified, from honoring various court orders
issued to either protect the victim or address the distribution of property in
case a family’s composition changes.
5. The VAWA protections shall not supersede any provision of any federal
state, or local law that provides greater protection for victims of domestic
violence, dating violence or stalking. The laws offering greater protection
are applied in instances of domestic violence, dating violence or stalking.
See Chapter 4, Paragraph 4-4.C.9 for more information on the VAWA
protections.
See the Glossary for the definition of Domestic Violence, Dating Violence,
Stalking, Immediate Family Member, and Bifurcate.*Source: Legislative text reproduced verbatim
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Sep 24, 2026
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Related Rules
§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY