§356D-92  Termination and eviction.  (a) Except as otherwise provided, the authority may terminate any lease, rentalagreement, permit, or license covering the use and occupation of any dwellingunit or other premises located within a public housing project and evict fromany premises any tenant, licensee, or other occupant for any of the followingreasons:

(1)  Failure to pay rent when due;

(2)  Violation of any of the provisions of a lease,rental agreement, permit, or license;

(3)  Violation of any of the rules of the authority;

(4)  Failure to maintain the dwelling unit in a clean,sanitary, and habitable condition; or

(5)  The existence of any other circumstances givingrise to an immediate right to possession by the authority.

(b)  When any tenant has been delinquent inpayment of rent, the authority, either directly or through its managing agent,shall provide the tenant with a written notice no later than forty-five daysfrom the date of delinquency that shall inform the tenant of the delinquency andschedule a meeting between the tenant and the authority or its agent.  Thewritten notice shall:

(1)  Inform the tenant that continued delinquencyshall result in the tenant's eviction;

(2)  Inform the tenant of the tenant's right to applyfor an interim adjustment in rent;

(3)  Explain to the tenant the steps of the grievanceand eviction processes and how the processes protect the tenant;

(4)  Provide the tenant with a sample letter fordemanding a grievance hearing;

(5)  Set forth the location, date, and time, whichshall be no earlier than fourteen days from the date of the written notice, atwhich the tenant may meet with the authority or its agent to discuss thedelinquency in rent; and

(6)  Inform the tenant that the tenant shall eitherattend the meeting or, if applicable, contact the authority or the authority'sagent before the meeting time to reschedule the meeting.

(c)  At the meeting described in subsection(b), the authority or its agent shall:

(1)  Inquire into the cause of the tenant's delinquencyand offer suggestions, if any, that the authority may feel appropriate toaddress the causes of delinquency;

(2)  Consider whether a reasonable payment plan isappropriate for the tenant's situation and, if appropriate, offer a paymentplan to the tenant; and

(3)  Inform the tenant of and explain the issues asrequired under subsection (b)(1), (2), and (3).

(d)  The authority shall develop a checklistoutlining all of the requirements listed in subsection (c).  The authority orits agent and the tenant shall complete, sign, and date the checklist tomemorialize the meeting.

(e)  If the tenant fails to attend orreschedule the meeting provided for in subsection (b), the authority shallprovide the tenant with a second written notice.  The notice shall inform thetenant that:

(1)  The authority shall proceed to terminate thetenant's tenancy because of the tenant's outstanding rent delinquency and thetenant's failure to respond to the authority's written notice issued pursuantto subsection (b);

(2)  The tenant has ten business days from receipt ofthe second written notice to request a grievance hearing; and

(3)  If the tenant fails to request a grievancehearing within ten business days, the authority has the right to proceed withthe eviction hearing pursuant to section 356D-93.

(f)  If the tenant meets with the authority asprovided for in subsection (b), the authority shall decide, based upon thefacts discussed at the meeting, what action is appropriate to address thetenant’s case.  The authority shall notify the tenant of its decision inwriting.  If the authority decides to proceed with an action to terminate thetenancy, the authority shall further inform the tenant in the same writtennotice that:

(1)  The tenant has ten business days from receipt ofthis notice to request a grievance hearing; and

(2)  If the tenant fails to request a grievancehearing within ten business days, the authority has the right to proceed withthe eviction hearing pursuant to section 356D-93. [L 2006, c 180, pt of §2; amL 2007, c 193, §4 and c 249, §37]