market rent". Ch. 8, § 8-6(A)(1). A family that refuses to move to the correct size unit may
stay in the current unit and pay market rent. Ch. 3, § 3-23(H)(1)(a)(2); Ch. 7, §
7-16(B)(1); Ch. 8, § 8-5(D). A tenant's failure to move to a different-sized unit within thirty
days after receiving notice of its availability from the owner is one of the six circumstances in
which an owner "must terminate a tenant's assistance". Ch. 8, § 8-5(D). To terminate
assistance, "an owner must provide proper notice to the tenant of the increase in
the tenant's rent". Ch. 8, § 8-6(A)(2) [emphasis added].
Regarding the content of the notice, the Handbook does not provide a sample but lists the
[*13]following which the written notice "should
include" [emphasis added]:
(a) The specific date the assistance will
terminate;
(b) The reason(s) for terminating
assistance;
(c) The amount of rent the tenant will be required to
pay;
(d) Notification that if the tenant fails to pay the increased
rent, the owner may terminate tenancy and seek to enforce the termination in court;
and
(e) The tenant has a right to request, within 10 calendar days
from the date of the notice, a meeting with the owner to discuss the proposed termination of
assistance.
Ch. 8, § 8-6(A)(3).
Regarding the method of service of the notice, the Handbook says it "should
be served" [emphasis added] by both first-class mail and delivery to "any adult person answering
the door at the unit". If no adult answers the door, the delivered copy can be placed under or
through, or affixed to, the door. Ch. 8, § 8-6(A)(4). Service is deemed effective once the
notice has been both mailed and hand delivered. Ch. 8, Section 1, § 8-6(A)(6).
The bulk of the case law in which landlords sued tenants of privately-owned, project-based