Can refusal to sign a tenant release form be considered a lease violation?

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Yes. Tenants refusing to sign a release form constitutes material noncompliance with the lease agreement, as defined in the lease agreement, and repeated violations can result in termination of tenancy. Further, for properties other than 236 and 221(d)(3), not signing the release form is a violation of the regulatory obligations of the family found at 24 CFR 5.659(b)(1).

To add clarity to the requirement, owners are encouraged to include language in their House Rules advising tenants of their obligation to sign release forms and to provide any information deemed necessary in administration of the program or face possible termination. Any changes to a property’s House Rules must be done according to the procedures outlined in HUD Handbook 4350.3, REV-1 paragraph 6-9.