House Rules document contains no smoke-free policy language. No mention of smoking, smoke-free, tobacco, cigarettes, vaping, or e-cigarettes found anywhere in the document. Smoke-free housing policy has been mandatory for all HUD-assisted multifamily housing since February 3, 2018.
HUD Citation
HUD Notice H 2016-08, 24 CFR Part 965
Recommendation
Add comprehensive smoke-free policy to House Rules stating: (1) smoking is prohibited in all interior areas including individual units, common areas, and administrative offices; (2) smoking is prohibited within 25 feet of buildings; (3) definition of smoking includes cigarettes, cigars, pipes, hookahs, and electronic smoking devices; (4) violation of smoke-free policy constitutes lease violation subject to termination; (5) VAWA carve-out language stating that if a perpetrator of domestic violence, dating violence, sexual assault, or stalking smokes in a victim's unit without the victim's consent, the victim will not be held responsible for the lease violation.
MEDIUM⚠️ Review Needed
VAWA Documentation Requirements
VAWA section states 'the proof is required' when discussing alternative documentation to the certification form. This language is incorrect. Under VAWA 2022 and HUD regulations, victims are NOT required to provide documentation. Documentation is optional and at the victim's discretion. The certification form (HUD-5382) is also optional. Victims may self-certify verbally or in writing without using the HUD form.
Revise VAWA section to state: 'Documentation is NOT required. Victims may self-certify verbally or in writing. If documentation is provided, it may include: completion of HUD Form-5382 (optional), police or court records, documentation from a victim service provider, attorney, or medical professional. All documentation is voluntary and at the victim's discretion.'
LOW💡 Best Practice
Fair Housing and Civil Rights Compliance Statement
House Rules do not contain an explicit Fair Housing Act compliance statement or nondiscrimination statement. While the VAWA section references nondiscrimination and fair housing requirements, a standalone Fair Housing compliance statement in House Rules is a best practice.
HUD Citation
Fair Housing Act, HUD Handbook 4350.3 REV-1
Recommendation
Consider adding: 'Sample Cherry Apartments complies with all federal, state, and local fair housing and civil rights laws. We do not discriminate on the basis of race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, or marital status.'
LOW💡 Best Practice
Grievance Procedure Reference
House Rules do not reference a grievance procedure or appeal process for House Rules violations. While not required in House Rules, referencing the grievance procedure is a best practice for transparency.
HUD Citation
HUD Handbook 4350.3 REV-1
Recommendation
Consider adding reference: 'Residents who disagree with enforcement of House Rules may request a meeting with management to discuss the matter. Persons with disabilities may request reasonable accommodation to participate in any meeting or appeal process.'
LOW💡 Best Practice
Reasonable Accommodation Statement
House Rules do not contain a general reasonable accommodation statement for persons with disabilities beyond the assistance animal exception in Rule 16. While not required, a general reasonable accommodation statement is a best practice.
HUD Citation
Section 504 of the Rehabilitation Act of 1973, Fair Housing Act
Recommendation
Consider adding: 'Persons with disabilities have the right to request reasonable accommodations to these House Rules or to property policies and procedures. Contact management to request an accommodation.'
LOW💡 Best Practice
VAWA Carve-Out Language in Individual Rules
A comprehensive VAWA protections section is present in this document which satisfies the core regulatory requirement. However, individual rules (Rules 1, 8, 13, 14, 15, 21) that address criminal activity, damage, disturbances, and guest violations do not contain explicit VAWA carve-out language stating that such conduct by a perpetrator will not be attributed to the victim. 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
VAWA 2022, HUD Handbook 4350.3 REV-1 Chapter 8
Recommendation
Consider adding VAWA carve-out language to Rules 1, 8, 13, 14, 15, and 21 stating: 'This rule will not be enforced against a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking when the violation was committed by a perpetrator and not by the victim. VAWA protections apply.'
N/A✅ Compliant
VAWA Confidentiality
VAWA confidentiality requirements are present. Document states victim identity and information will be retained in confidence, not entered into shared databases, and not provided to related entities except with written consent, for eviction proceedings, or as required by law.
HUD Citation
VAWA 2022, 24 CFR 5.2007(a)(2)
Recommendation
None required.
N/A✅ Compliant
Assistance Animal Exception
Rule 16 contains proper assistance animal exception stating assistance animals (including service animals and emotional support animals) are not considered pets and are permitted as reasonable accommodation. References Fair Housing Act and Section 504. Directs residents to contact management for request process.
HUD Citation
Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, HUD Handbook 4350.3 REV-1
Recommendation
None required.
N/A✅ Compliant
Guest Policy
Rule 25 limits guests to 15 days per year cumulative with written consent required for longer visits. This is a reasonable guest policy that does not conflict with HUD requirements.
HUD Citation
HUD Handbook 4350.3 REV-1 Chapter 6
Recommendation
None required.
N/A✅ Compliant
Signature and Date Lines
Document contains signature and date lines for two tenants. Signature lines are present as required.