§ 960.509
Lease requirements for non-public housing over-income families.
(a)
In general.
If a family, when permitted by written PHA's continued occupancy policy, elects to remain in a public housing unit paying the alternative non-public housing rent, the PHA and each non-public housing over-income (NPHOI) family (referred to as the “tenant” in this section) must enter into a lease. The tenant and the PHA must execute the lease, as presented by the PHA pursuant to § 960.507(c)(3)(ii)(B) no later than 60 days after the notice provided pursuant to § 960.507(c)(3) or at the next lease renewal, whichever is sooner. If the tenant does not execute the lease within this time period, the PHA must terminate the tenancy of the tenant no more
than 6 months after the notification under § 960.507(c)(3) in accordance with 960.507(d)(2). Notwithstanding, a PHA may permit, in accordance with its policies, an over-income family to execute the lease beyond this time period, but before termination of the tenancy, if the over-income family pays the PHA the total difference between the alternative non-public housing rent and their public housing rent dating back to the point in time that the over-income family was required to execute the lease.
(b)
Lease provisions.
The non-public housing over-income lease must contain at a minimum the following provisions.
(1)
Parties, dwelling unit, and term.
The lease must state:
(i) The name of the PHA and names of the tenants.
(ii) The unit rented (address, apartment number, and any other information needed to identify the dwelling unit).
(iii) The term of the lease (lease term and renewal in accordance with paragraph (b)(2) of this section).