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This entry was published on 2025-05-23
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SECTION 610
Leases and tenancy
Public Housing (PBG) CHAPTER 44-A, ARTICLE 14-A
* § 610. Leases and tenancy. Each housing assistance payment contract
entered into by a housing access voucher local administrator and the
owner of a dwelling unit shall provide:

1. that the lease between the tenant and the owner shall be for a term
of not less than one year, except that the housing access voucher local
administrator may approve a shorter term for an initial lease between
the tenant and the dwelling unit owner if the housing access voucher
local administrator determines that such shorter term would improve
housing opportunities for the tenant and if such shorter term is
considered to be a prevailing local market practice;

2. that the dwelling unit owner shall offer leases to tenants assisted
under this article that:

(a) are in a standard form used in the locality by the dwelling unit
owner; and

(b) contain terms and conditions that:

(i) are consistent with state and local law; and

(ii) apply generally to tenants in the property who are not assisted
under this article;

(c) shall provide that during the term of the lease, the owner shall
not terminate the tenancy except for serious or repeated violation of
the terms and conditions of the lease, for violation of applicable state
or local law, or for other good cause, including, but not limited to,
the non-payment of the tenant's portion of the rent owed, and in the
case of an owner who is an immediate successor in interest pursuant to
foreclosure during the term of the lease vacating the property prior to
sale shall not constitute other good cause, except that the owner may
terminate the tenancy effective on the date of transfer of the unit to
the owner if the owner:

(i) will occupy the unit as a primary residence; and

(ii) has provided the tenant a notice to vacate at least ninety days
before the effective date of such notice;

(d) shall provide that any termination of tenancy under this section
shall be preceded by the provision of written notice by the owner to the
tenant specifying the grounds for that action, and any relief shall be
consistent with applicable state and local law;

3. that any unit under an assistance contract originated under this
article shall only be occupied by the individual or family designated in
said contract and shall be the designated individual or family's primary
residence. Contracts shall not be transferable between units and shall
not be transferable between recipients. A family or individual may
transfer their voucher to a different unit under a new contract pursuant
to this article;

4. that an owner shall not charge more than a reasonable rent as
defined in section six hundred five of this article.

* NB Expires May 1, 2030