The House Rules contain no smoke-free policy. HUD mandated smoke-free policies in all HUD-assisted multifamily housing effective February 3, 2018. No mention of smoking, tobacco, vaping, e-cigarettes, or smoke-free requirements appears anywhere in this document.
HUD Citation
HUD Notice H 2016-08; 24 CFR Part 965.653
Recommendation
Add a smoke-free rule stating that smoking of any substance, including tobacco, marijuana, and use of electronic smoking devices, is prohibited in all interior areas of the property including individual units, common areas, and within 25 feet of the building. The rule should state that violation is a lease violation subject to the lease enforcement process.
LOW⚠️ Review Needed
VAWA Protections — Anti-Retaliation Language
The VAWA section is comprehensive and covers denial protections, eviction protections, confidentiality, certification procedures, and form distribution. However, it does not include anti-retaliation and anti-coercion language. VAWA 2022 (effective October 1, 2022) added an explicit prohibition on retaliation and coercion against persons who seek VAWA protections or report violations.
Consider adding the following or substantially similar language to the VAWA section: 'Management will not coerce, intimidate, threaten, or retaliate against any person for seeking VAWA protections, reporting a VAWA violation, or exercising any right under VAWA. Tenants and applicants have the right to seek law enforcement assistance or emergency services without penalty to their tenancy.'
LOW💡 Best Practice
VAWA Carve-Outs in Individual Rules
Rules 1, 13, 14, and 15 address criminal activity, loitering, drug activity, and disturbances without explicit VAWA carve-out language within those individual rules. A comprehensive VAWA protections section is present in this document which satisfies the core regulatory requirement. Adding explicit VAWA carve-out language to individual rules provides stronger protection and is increasingly expected at MOR review, but is not required when a comprehensive VAWA section exists.
HUD Citation
24 CFR 5.2005(b); HUD Notice H 2017-05
Recommendation
Consider adding to Rules 1, 13, 14, and 15 a parenthetical such as: '(except that conduct directly related to domestic violence, dating violence, sexual assault, or stalking for which the resident is a victim shall not constitute a lease violation — see VAWA Protections section below).'
N/A✅ Compliant
Assistance Animal Exception
Rule 16 explicitly states that pets are not allowed but includes a clear exception for assistance animals including both service animals and emotional support animals, references the Fair Housing Act and Section 504, and directs residents to contact management for the accommodation request process.
Rule 25 establishes a 15-day cumulative annual guest limit with a written consent process for extended stays. This is a standard and accepted property management practice for HUD-assisted multifamily housing and does not discriminate against any protected class.
The House Rules include signature lines for tenant acknowledgment at the end of the document, satisfying the requirement that tenants sign House Rules at move-in and upon updates.
No rules on their face target or disproportionately burden any protected class. Rules apply universally to all residents. The VAWA section explicitly extends protections regardless of sex, gender identity, and sexual orientation.