October 27, 2014 in Miscellaneous, Q&A

Q&A: House Rules

Q&A: House Rules

Question: Do I have to have house rules for my property?– Becky in NY

Answer: House Rules are not a HUD requirement, per Section 6-9 of HUD Handbook 4350.3 REV-1 CHG-4. The Model Lease lists them as a required attachment (if applicable).

It is, however, a good practice to establish House Rules. If you choose to create them, they do not require HUD or CA review/approval. You must be sure that the rules are reasonable, non-discriminatory, and compliant with HUD regulations and state/local laws. If you choose to establish House Rules, they must be provided to tenants and stored in the tenant file as an attachment to the lease.

PMCS recommends establishing House Rules, as certain expectations are not clearly defined in the lease. Lease agreements are the primary legal document referenced in eviction proceedings. Therefore, it is critical that regulations and community rules, used to support management’s action, be clearly written in the property’s House Rules. For example, one area that is extremely important is the amount of time tenants have to report changes in income or household composition to management. Section 7-1B of HUD Handbook 4350.3 REV-1 CHG-4 indicates that tenants are responsible for providing timely information to management. ‘Timely’ is not defined by HUD and thus, can be interpreted differently between individuals. We recommend that this timeframe be clearly defined and communicated to tenants via the property’s House Rules. Establishing requirements in writing help to ensure management’s expectations are consistently applied to all households.