Print- What is a public housing lease?
- How do I get a copy of my public housing lease?
- Do I have to sign a public housing lease?
- How long does my public housing lease last?
- What can I do if I don’t understand my public housing lease?
- How can I tell if I live in state or federal public housing?
What is a public housing lease?
A lease is an agreement between you, as the tenant, and the housing
authority, as your landlord. Your lease is very important because it
explains your rights and responsibilities and the housing authority’s
rights and responsibilities. Among other things, a lease will state:1
- how much rent you owe,
- who can live in your apartment,
- what you can expect of the housing authority,
- what the housing authority can expect of you,
- what procedures you must follow to end your lease, and
- what procedures your landlord must follow to evict you.
While each housing authority can develop its own lease, all federal
and state public housing tenants must have a written lease, and all
leases must comply with federal, state, and local laws and regulations.
Certain terms are required to be in public housing leases, housing
authorities are allowed to add additional terms as long as these terms
do not violate the law. So while there may be basic lease terms that
are similar among housing authorities, there can be significant
differences from one housing authority to another in terms of specific
lease terms. Be sure you read all the terms of your public housing
lease and understand them.
Both the state and federal housing agencies provide model or sample leases that you can compare your lease to.
If the housing authority is proposing to change the standard lease,
it must give all tenants written notice of this, and at least 30 days
to give written comments. If you have a local tenants organization, it
can negotiate with the housing authority about the terms in the lease.
Public housing lease addendum
A lease addendum is a piece of paper that is added or attached to
your lease which makes a change to your current lease. If your rent or
the number of people in your household changes, the housing authority
may request that you sign a lease addendum that reflects these changes.2This
could occur, for example, at the time of your yearly rent
redetermination, which is usually around the anniversary date of your
move-in. Or it could happen at an interim rent redetermination, which
can occur any time something changes—for example, if you receive an
increase in your income that requires your rent to be changed.
How do I get a copy of my public housing lease?
After you and the housing authority sign your lease, the housing
authority should give you a copy of the lease. Massachusetts law
requires that you be given a free copy of your lease within 30 days of
when you sign it.3 If you do not receive the lease, write a letter to the housing authority to ask for it.
If you lose your copy of the lease while you are a tenant in public
housing, you can always request another copy from your file at the
housing authority office. The housing authority may, however, charge
you the cost of photocopying a replacement copy of your lease.
Do I have to sign a public housing lease?
Yes. All federal and state public housing tenants must have a
written lease that is signed by both you and the housing authority.4
In fact, in state public housing, if you do not sign a lease or a lease
addendum without a good reason, the housing authority can start
eviction proceedings against you.5
Before you sign a lease, however, be sure that you read it and
understand it. If there is any part that you do not understand, ask a
housing authority staff person to explain it to you. If you need to,
you may bring the lease home with you and go over it with a friend,
family member, or an advocate.
How long does my public housing lease last?
The length of your tenancy or term of your lease varies depending
on whether you live in state or federal public housing. Read your lease
carefully to figure this out. In addition, at least once a year, around
the anniversary date of your move-in, you will need to complete a
redetermination of income and household composition so that the housing
authority can determine if your rent and unit size are still correct.
State public housing
In state public housing, the lease continues until either you or the housing authority end it by giving written notice.
Federal public housing
In federal public housing, a lease lasts for one year. At the end
of the year, the lease is automatically renewed for another year,
unless you have not complied with the community service requirements
for tenants in federal public housing.6
What can I do if I don’t understand my public housing lease?
It is important to understand what is in your lease. If you need
to, you may bring the lease home with you and go over it with a friend,
family member or an advocate. If there is any part that you do not
understand, ask a housing authority staff person to explain it to you.
You can also contact your local tenant organization, if you have
one, and ask the organization to invite an advocate to go over the
lease with tenants as a group and explain what key terms mean. Often
tenants don’t realize what is in a lease. Having an advocate go over it
can help prevent tenants from violating the lease and getting in
trouble down the road. It can also provide tenants with an opportunity,
as a group, to discuss the real-life meaning of various lease terms and
develop proposals to give the housing authority about how to change the
lease.
Housing authorities also have a responsibility to insure that its
lease, as a primary communication to tenants, is accessible to people
with disabilities.7 This means that the lease should be made
available in an accessible format. In addition, housing authorities
must take steps to assist people who do not speak English as their
first language.8 For people with limited English, the lease should be translated.
How can I tell if I live in state or federal public housing?
It is important to know whether you live in public housing funded
by the federal government or public housing funded by the state of
Massachusetts in order for you to figure out what should be in your
lease and what rules apply to you.9
There are a couple of different steps you can take to determine
whether you live in state or federal housing. First, check your lease
and any forms that you signed, such as the income verification form. If
you see words like "federal public housing" or "HUD form no. 222" (HUD
is the federal Department of Housing and Urban Development), you
probably live in federal public housing. If you see words like
"state-assisted housing" or "Department of Housing and Community
Development (EOHLC)," you probably live in state public housing.
If it isn't clear from your lease or other tenant forms, contact
your tenant organization, if you have one, or the housing authority and
ask someone there. It is a perfectly reasonable question to ask,
because determining whether you live in federal or state public housing
can be confusing and you need to know.
124 C.F.R. §966.4; 760 C.M.R. §6.06(1).
224 C.F.R. § 966.4(c); 760 C.M.R. §§ 6.04(5) & 6.06(5)(q).
424 C.F.R. § 966.4; 760 C.M.R. §§ 6.05(5)(q), 6.06(1).
8760 C.M.R. 5.16(3). See HUD’s proposed Guidance
to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited
English Proficient Persons (December 19, 2003) which required by Executive Order 13166, reprinted at 65 Fed. Reg 50121 (August 16, 2000). See also Department of Justice, final Guidance
to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited
English Proficient Persons (Tuesday, June 18, 2002).
942 U.S.C. §§ 1437a-1437e; 24 C.F.R. §§ 960, 966; M.G.L. c. 121B §§ 32 & 34; 760 C.M.R. §§ 5.00 et al, 6.00 et al.
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