I
The defendant claims that the termination procedures set forth in the lease, which incorporated by reference the grievance procedures in effect at the time the grievance was brought, should have been complied with by the housing authority. The trial court concluded that a bypass to the grievance procedure, set forth in regulations promulgated by the federal department of housing and urban development; 24 C.F.R. § 866.51 (a) (1978); eliminated the necessity for the housing authority to comply with normal termination procedures where the termination is "based upon a tenant's creation or maintenance of a threat to the health or safety of other tenants." Ibid. This grievance procedure bypass is available only in those jurisdictions that afford a *Page 518
tenant a hearing in court containing traditional elements of due process. Ibid.2 The trial court concluded that the grievance procedure in the lease was inapplicable for the following reasons: The lease contained a clause obligating the tenant to "abide by such necessary and reasonable regulations as may be promulgated by [the housing authority]"; the bypass procedure set forth in 24 C.F.R. § 886.51 (a) (1978) had been adopted by the housing authority; and, the defendant had been afforded a full judicial hearing.