§356D-92 - Termination and eviction.

§356D-92 Termination and eviction. (a)
Except as otherwise provided, the authority may terminate any lease, rental
agreement, permit, or license covering the use and occupation of any dwelling
unit or other premises located within a public housing project and evict from
any premises any tenant, licensee, or other occupant for any of the following
reasons:

(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 giving
rise to an immediate right to possession by the authority.

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

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

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

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

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

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

(6) Inform the tenant that the tenant shall either
attend the meeting or, if applicable, contact the authority or the authority's
agent before the meeting time to reschedule the meeting.

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

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

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

(d) The authority shall develop a checklist
outlining all of the requirements listed in subsection (c). The authority or
its agent and the tenant shall complete, sign, and date the checklist to
memorialize the meeting.

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

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

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

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

(f) If the tenant meets with the authority as
provided for in subsection (b), the authority shall decide, based upon the
facts discussed at the meeting, what action is appropriate to address the
tenant’s case. The authority shall notify the tenant of its decision in
writing. If the authority decides to proceed with an action to terminate the
tenancy, the authority shall further inform the tenant in the same written
notice that:

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

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