§ 92.253 Tenant protections and selection.
Link to an amendment published at 90 FR 876, Jan. 6, 2025.
This amendment was delayed until Apr. 20, 2025, at 90 FR 8780, Feb. 3, 2025.
This amendment was further delayed until Oct. 30, 2025 at 90 FR 16085, Apr. 17, 2025.
This amendment was further delayed until Apr. 30, 2026, at 90 FR 48443, Oct. 22, 2025.
This amendment was further delayed indefinitely, at 91 FR 23014, Apr. 29, 2026.
(a) Lease. There must be a written lease between the tenant and the owner of rental housing assisted with HOME funds that is for a period of not less than 1 year, unless by mutual agreement between the tenant and the owner a shorter period is specified. The lease must incorporate the VAWA lease term/addendum required under § 92.359(e), except as otherwise provided by § 92.359(b).
(b) Prohibited lease terms. The lease may not contain any of the following provisions:
(1) Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease;
(2) Treatment of property. Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The owner may dispose of this personal property in accordance with State law;
(3) Excusing owner from responsibility. Agreement by the tenant not to hold the owner or the owner's agents legally responsible for any action or failure to act, whether intentional or negligent;
(4) Waiver of notice. Agreement of the tenant that the