Wash. Court of Appeals published opinion — D2 47696-7-II Published Opinion.pdf

“shall utilize” public housing leases that “have a term of 12 months and shall be automatically

renewed for all purposes except for noncompliance with the requirements [relating to community

service].”3

Other provisions of 42 U.S.C. § 1437d(l) govern the termination of leases. Under

subsection (5), public housing leases must provide that PHAs “may not terminate the tenancy

except for serious or repeated violation of the terms or conditions of the lease or for other good

cause.” 42 U.S.C. § 1437d(l)(5) (emphasis added). Serious or repeated violations of a lease’s

terms may include, for example, “provid[ing] accommodations for boarders or lodgers” or

allowing the dwelling to be used by people other than “solely . . . the tenant and the tenant’s

household as identified in the lease.” 24 C.F.R. § 966.4(f)(2), (3). Other subsections of 42

U.S.C. § 1437d(l) provide that PHAs may terminate leases on other specific grounds. 42 U.S.C.

§ 1437d(l)(6), (7),4 (9).

Public housing leases also must require that PHAs give “adequate written notice” of lease

termination, which usually means a 30-day notice. 42 U.S.C. § 1437d(l)(4). And 42 U.S.C.

§ 1437d(k) states that HUD shall establish and implement an administrative grievance procedure,

3
Public housing tenants must comply with certain community service requirements set out in 42
U.S.C. § 1437j(c). Those requirements are not at issue here.
4
42 U.S.C. § 1437d(l) has two (7) subsections. This cite refers to the second of the two.

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No. 47696-7-II

under which a tenant has an opportunity for a hearing before an impartial party for any proposed

adverse PHA action. See also 24 C.F.R. § 966.51 (establishing a grievance process).