Can I change my public housing lease?
Yes. You may approach your housing authority at any time and ask that your lease be changed.1 The housing authority, however, does not have to make changes requested by a tenant. State and federal housing agencies require certain provisions in public housing leases, so the housing authority will not make any changes that violate these requirements. These requirements do not, however, prohibit the addition of new lease provisions. To change the lease, a written addendum (or rider) to the lease must be signed by you and your housing authority. A lease addendum is a piece of paper that is added or attached to your lease which makes a change to your current lease.2
Can housing authorities change the form lease?
The housing authority may change everyone’s lease from time to time by changing the lease form. These changes have to be in writing.
State public housing
For state public housing, the lease must be approved by the Department of Housing and Community Development (DHCD). Before submitting a lease for approval, however, a housing authority must consult with your tenant organization. If there is any disagreement between the tenant organization and the housing authority about what is in the lease, the tenant organization may present its position to DHCD.3
Federal public housing
The housing authority may change the form lease at any time.4 If the housing authority wants to make a change, it must provide at least 30 days notice to tenants and resident organizations. The notice must explain the changes and the reasons for them and provide an opportunity to tenants to present written comments.
The notice must be delivered or mailed to each tenant or posted in at least three very noticeable places in each building affected. If there are any changes that you or your tenant organization wants to make, this is an important opportunity to make recommendations. The housing authority must review any comments before adopting a new lease form.5
Model Leases
Both the state and federal housing agencies provide model or sample leases that you can compare your lease to.
Footnotes
424 C.F.R. §§ 966.4(a)(3) and 966.5.
Produced by Massachusetts Law Reform Institute Last updated November 28, 2005