An examination of the regulations that contain the grievance procedure bypass reveals an intention of the federal department of housing and urban development to replace the grievance procedure in effect before February 16, 1977, with a new *Page 521
procedure. See 24 C.F.R. § 866.52 (1978). The prefatory section of subpart B — Grievance Procedures and Requirements provides: "The grievance procedure provided by this Subpart shall be incorporated in the dwelling leases identified as subject to [regulations governing public housing agencies)." Id., 866.50. Although the section requiring the public housing agency to adopt the procedures set forth in 866.53 — 866.58 includes the requirement that the agency do so by adopting a regulation so providing; see 24 C.F.R. § 866.52; the bypass section, 24 C.F.R. § 866.51 (a)5 contains no such requirement. Section 866.51(a) simply gives the public housing agency the power to exclude from its grievance procedures any termination based upon a tenant's threat to the health or safety of other tenants and agency employees, provided a full judicial hearing prior to eviction is required by state law.