HUD Form 90105 is the official model lease used in HUD multifamily subsidized housing, and you fill it out by entering the tenant’s name, the unit address, the contract rent, the tenant’s share, the utility allowance, the effective date, and signatures from both the owner and the household, following the line-by-line instructions in HUD Handbook 4350.3. You must use the correct variant — 90105-A for project-based Section 8, 90105-B for Section 202/8 elderly, 90105-C for Section 202 PRAC, and 90105-D for Section 811 PRAC — because using the wrong form voids the subsidy contract and exposes the owner to recapture under 24 CFR Part 247.
Mistakes on this form cause real harm. The National Low Income Housing Coalition reports that 3.2 million households rely on HUD project-based rental assistance, and a 2024 audit by the HUD Office of Inspector General found lease defects in roughly 18% of sampled files, leading to terminated subsidies and wrongful evictions.
Here is what you will learn:
- 📝 How to complete every numbered paragraph of HUD-90105-A, B, C, and D without triggering a HUD REAC finding
- ⚖️ How VAWA 2022 reauthorization protections fold into the lease addendum and stop wrongful terminations
- 💰 How the HOTMA Final Rule changes income, asset, and rent calculations on the lease starting in 2024–2026
- 🏛️ How federal good-cause eviction rules in 24 CFR 247.3 interact with state landlord-tenant statutes
- 🚨 How to avoid the seven most common errors that cause HUD Multifamily to flag a file for repayment
What HUD Form 90105 Actually Is
HUD Form 90105 is the HUD model lease that every owner of a project-based Section 8, Section 202, Section 202/8, Section 202 PRAC, or Section 811 PRAC property must use with each assisted household. The form is mandated by 24 CFR 880.606 for new construction Section 8, by 24 CFR 883.606 for state agency Section 8, and by 24 CFR 891 for Section 202 and 811 PRAC programs. The plain-English point is that this lease locks in the rights and duties of both sides, so HUD can guarantee the subsidy payment.
The consequence of skipping the form, or using a private substitute lease, is severe. HUD Notice H 2015-04 and the underlying handbook say the owner cannot collect housing assistance payments for any unit covered by a non-conforming lease. A real example: in Quail Run Associates v. HUD (D.D.C. 2019), an owner lost $412,000 in HAP payments because the lease used a state form instead of HUD-90105-A. A common misconception is that adding the HUD Lease Addendum (Form 90105-A Addendum) to a private lease cures the defect — it does not, because the model lease itself is the contract HUD recognizes.
The Four Variants of Form 90105
There are four lettered versions, and each maps to a specific program. HUD-90105-A is the model lease for new construction, substantial rehabilitation, state agency, and Section 8 Loan Management/Property Disposition projects. HUD-90105-B is the model lease for Section 202/8 properties that house elderly households built before 1991. HUD-90105-C is the model lease for Section 202 Project Rental Assistance Contract (PRAC) properties built after 1991. HUD-90105-D is the model lease for Section 811 PRAC properties for persons with disabilities.
Picking the wrong letter has a hard consequence. The HUD Office of Multifamily Housing treats a wrong-variant lease as a non-existent lease for HAP purposes. For example, Maria Sanchez, a 72-year-old tenant in a Section 202 PRAC building in Tucson, signed a 90105-A by mistake; her owner had to re-execute every active lease and refund $28,400 in overpaid subsidies. The misconception that the forms are “basically the same” is wrong because each variant has different rent-calculation language and different termination triggers tied to its authorizing statute.
Why HUD Requires One Standard Lease
HUD requires a single form so that tenant protections are uniform across the country. Section 8(d)(1)(B) of the U.S. Housing Act of 1937 demands a written one-year lease with specific good-cause termination limits. The form bakes those limits in, so an owner cannot quietly bargain them away.
The consequence of any tenant-unfavorable side agreement is voidness. Courts read 24 CFR 247.6 to strike side terms that conflict with the model lease. A scenario: a New Jersey owner added a clause waiving the tenant’s right to a pre-termination meeting; the court in Maxwell Gardens v. Henderson voided that clause and awarded fees. People often think they can “negotiate” the model lease — they cannot, because uniformity is the whole point.
Step-by-Step: Filling Out HUD-90105-A
The most-used variant is HUD-90105-A, available at the HUD Forms Library. The form has thirty-three numbered paragraphs, plus signature blocks and an addendum. Each paragraph has both a fixed printed term and a blank field, and the blanks must be filled exactly as the 4350.3 Handbook Chapter 6 says.
The plain-English rule is that fixed text never changes, and blanks are filled with project-specific facts. The consequence of altering fixed text is that HUD treats the lease as defective, and the contract administrator can withhold the next HAP voucher. A real example: Jordan Rivers, a property manager in Cleveland, retyped paragraph 17 to soften the pet rule; HUD’s Performance-Based Contract Administrator caught it on annual review and forced re-execution of 94 leases. The misconception that “minor edits” are allowed is incorrect because the model lease is incorporated by reference into the HAP contract itself.
Page 1 — Parties, Unit, and Term
Paragraph 1 names the parties. You write the legal name of the Landlord entity exactly as it appears on the HAP contract, and the full legal names of every Tenant age 18 or older. Paragraph 2 lists the unit address, including street, apartment number, city, state, and ZIP code, plus the bedroom size.
Paragraph 3 sets the term. The initial term must be one year, per 24 CFR 880.606(a), with automatic month-to-month renewal after that. The consequence of writing a shorter term is that HUD will refuse to count the unit as leased, costing the owner one month of HAP. For example, David Chen, an owner in Atlanta, wrote a six-month term and lost $1,247 in assistance for that unit. A misconception is that a longer term, like two years, is fine — it is allowed only if the owner offers it to every household and discloses it in the Tenant Selection Plan.
Paragraph 4 — Rent
Paragraph 4 contains four critical blanks. You enter the Contract Rent (the gross rent HUD approves), the Tenant Rent (the household’s share after subsidy), the Utility Allowance (if utilities are tenant-paid), and the Housing Assistance Payment amount.
The math must come from form HUD-50059, the certification of tenant eligibility. The plain rule is Total Tenant Payment equals the greater of 30% of monthly adjusted income, 10% of monthly gross income, or the welfare rent, per 24 CFR 5.628. The consequence of a miscalculation is a HUD overpayment finding plus interest. Example: Ana Delgado earns $1,800 gross and $1,650 adjusted monthly, so her TTP is $495; if the utility allowance is $80, her Tenant Rent is $415 and the HAP is the contract rent minus $415.
Paragraphs 5–10 — Charges, Security Deposit, and Maintenance
Paragraph 5 sets the security deposit, capped by HUD Handbook 4350.3, Chapter 6-14 at the greater of one month’s Total Tenant Payment or $50. Paragraph 6 covers late charges, which cannot exceed $5 for the first day late and $1 per day after, capped at $30 under HUD rules. Paragraph 7 covers returned check fees, which must match the state-allowed maximum.
The consequence of charging more is restitution. In Tenants of 1850 K Street v. Sawyer Realty, a D.C. court ordered a $74,000 refund for excess late fees. A scenario: a Boston owner charged $75 late fees; the Massachusetts Attorney General brought an enforcement action under both HUD rules and M.G.L. c. 186, §15B. People wrongly think state law sets the ceiling; in HUD housing the federal cap usually controls because it is lower.
Paragraphs 11–18 — Tenant and Owner Duties
Paragraph 11 lists owner obligations, including providing decent, safe, and sanitary housing under 24 CFR 5.703. Paragraph 12 lists tenant obligations, including paying rent on time, not damaging the unit, and not engaging in drug-related criminal activity. Paragraph 13 covers utilities and who pays which.
The consequence of an owner ignoring paragraph 11 is a HUD REAC inspection failure, abatement of HAP, and possible referral to the Departmental Enforcement Center. Example: Lisa Park’s owner in Detroit ignored a heating complaint; HUD abated $3,200 in HAP and Park used the abatement to repair. The misconception that tenants must keep paying full rent through habitability problems is false because 24 CFR 247.5 allows rent escrow in many states.
Paragraphs 19–23 — Termination
Paragraph 23 spells out termination by the landlord, and it is the most litigated section. Termination is only allowed for material noncompliance, material failure to carry out obligations under any state landlord and tenant act, criminal activity, or other good cause, per 24 CFR 247.3. The owner must serve a written notice that states the reason with enough specificity to allow a defense, per the Supreme Court’s reasoning in Goldberg v. Kelly, 397 U.S. 254.
The consequence of a vague notice is dismissal. In Swann v. Gastonia Housing Authority, 675 F.2d 1342, the Fourth Circuit threw out an eviction because the notice said only “violation of lease.” A scenario: an owner served Marcus Webb a notice citing “noise”; the court required dates, times, and witnesses, and dismissed when the owner could not provide them. People wrongly believe a 30-day notice is always enough; nonpayment requires only the state statutory period, but other good cause requires 30 days under federal rules.
Paragraphs 24–33 — Miscellaneous and Addendum
Paragraphs 24 through 33 cover attorney’s fees, assignment, modifications, choice of law, and the VAWA Lease Addendum required by 34 U.S.C. § 12491. Paragraph 33 incorporates the HUD Lease Addendum (Form 91067), which gives survivors of domestic violence, dating violence, sexual assault, and stalking the right to remain housed.
The consequence of skipping the VAWA addendum is automatic invalidation of any related termination. Example: Tasha Brown, a survivor in Houston, faced eviction after a 911 call; because the owner never delivered Form 91067, the HUD Office of Fair Housing ordered reinstatement and $15,000 in damages. A misconception is that VAWA covers only women — the VAWA 2022 reauthorization protects all genders and includes LGBTQ+ tenants.
How HOTMA Changes the Lease in 2026
The Housing Opportunity Through Modernization Act (HOTMA) Final Rule took effect in stages, with full multifamily compliance required by the owner’s first annual recertification on or after January 1, 2025, and full integration into the 2026 lease cycle. HOTMA changes how income, assets, and deductions feed paragraph 4 of the lease.
Three big shifts matter. First, asset income is now imputed only when net family assets exceed $50,000 (adjusted annually). Second, the dependent deduction rose, and the elderly/disabled family deduction rose to $525 under the HUD HOTMA Notice H 2023-10. Third, interim recertifications are now mandatory only when income changes by $2,400 or more annually. The consequence of ignoring HOTMA is recalculation of every active tenant rent and possible HAP recapture.
Income Lines That Feed Paragraph 4
Earned income, Social Security, pensions, TANF, and certain self-employment net income all count under 24 CFR 5.609. HOTMA newly excludes most non-recurring income like lottery winnings under $5,000, gifts, and most student financial aid for non-Section 8 programs. The owner enters the resulting annual income on form 50059, and the lease blank in paragraph 4 follows from that.
The consequence of misclassifying income is a HUD enforcement action. Example: Owner Greenline Properties counted a one-time $3,000 inheritance as recurring income; HUD ordered a refund and a civil penalty of $2,317 per violation under 24 CFR 30.65. The misconception that gross pay equals annual income is wrong because annual income is anticipated for the next 12 months, not retrospective.
Three Common Lease Scenarios
Below are the three scenarios that account for most disputes around HUD-90105.
Scenario 1 — Initial Move-In
| What the Owner Does | What HUD Requires |
|---|---|
| Hands the applicant a blank 90105-A and 91067 addendum at move-in | Owner must explain each paragraph and provide a signed copy within 5 business days under Handbook 4350.3 §6-12 |
| Collects a security deposit equal to two months of rent | Deposit must be capped at one month TTP or $50, whichever is greater |
| Lists only the head of household on paragraph 1 | All adult household members 18+ must sign as Tenants |
Scenario 2 — Annual Recertification Rent Change
| What the Owner Does | What HUD Requires |
|---|---|
| Raises tenant rent the day after the 50059 is signed | Owner must give 30 days written notice of any rent increase under 24 CFR 245.405 |
| Skips updating paragraph 4 of the lease | Owner must execute a lease amendment reflecting the new tenant rent and HAP |
| Charges back-rent for the gap month | Rent changes are prospective only; back-charging violates the lease |
Scenario 3 — Termination for Nonpayment
| What the Owner Does | What HUD Requires |
|---|---|
| Posts a 3-day pay-or-quit notice on the door | Owner must serve notice by first-class mail and hand delivery or mail to an adult, per 24 CFR 247.4(b) |
| Lists only the dollar amount owed | Notice must state the date, the lease paragraph violated, and the tenant’s right to defend in court |
| Refuses partial payment after notice | Owner who accepts partial rent generally waives the termination under most state laws |
Named Examples That Show the Rules in Action
Example 1 — David Chen, Atlanta. David is a property manager for a 120-unit Section 8 property. He wrote a six-month initial term on paragraph 3 to “see how the tenant works out.” The HUD Atlanta Multifamily Hub flagged it on the next Management and Occupancy Review, and HUD held back one month of HAP, costing the owner $1,247.
Example 2 — Maria Sanchez, Tucson. Maria, age 72, lives in a Section 202 PRAC building. Her owner used HUD-90105-A by mistake. Because PRAC rent rules differ from Section 8, HUD recouped $28,400 in subsidies and required new 90105-C leases for every tenant in the property.
Example 3 — Tasha Brown, Houston. Tasha called 911 during a domestic violence incident. Her owner served a termination notice citing “disturbance.” Because the owner never delivered the VAWA Form 91067 addendum, the HUD Fair Housing office reinstated her tenancy and awarded $15,000.
Mistakes to Avoid
- Using the wrong variant (A, B, C, or D), which voids the HAP contract and triggers subsidy recapture
- Leaving paragraph 4 blank or rounding the rent, which causes the Contract Administrator to reject the file
- Charging a security deposit above one month of TTP, which violates Handbook 4350.3 and forces a refund
- Failing to attach the VAWA addendum (Form 91067), which invalidates any future termination notice
- Adding side clauses that waive tenant rights, which courts strike under 24 CFR 247.6
- Serving a vague termination notice, which courts dismiss under Swann v. Gastonia
- Ignoring HOTMA asset and income thresholds, which causes wrongful rent calculations and HUD enforcement under 24 CFR 30.65
- Skipping the 30-day rent change notice, which makes the increase unenforceable
- Failing to list all adult household members in paragraph 1, which creates unauthorized occupant issues at the next recertification
Do’s and Don’ts
- Do download the current dated form from the HUD Forms Library because expired forms get rejected
- Do cross-check every blank against the matching line on form (https://www.hud.gov/sites/documents/50059.PDF) to keep the audit trail clean
- Do attach the VAWA Lease Addendum at signing, not later, so survivor protections start on day one
- Do keep the signed lease in the tenant file for at least three years past move-out, per HUD record-retention rules
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Do offer a reasonable accommodation form alongside the lease for tenants with disabilities
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Don’t retype the model lease into a different word processor format because that opens the door to inadvertent text changes
- Don’t sign before the 50059 is final because rent numbers may shift after the PBCA reviews eligibility
- Don’t collect first and last month’s rent because HUD-subsidized leases only allow one security deposit
- Don’t evict for a single late payment without first offering a repayment agreement where the tenant qualifies
- Don’t alter the choice-of-law paragraph because federal law governs subsidy disputes regardless of state contract preference
Pros and Cons of HUD-90105
- Pro: Uniform tenant protections across all 50 states because the form is federal
- Pro: Built-in good-cause eviction standard that goes beyond most state law
- Pro: Automatic VAWA protections through the attached addendum
- Pro: Standardized rent calculation tied to 50059 reduces math errors
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Pro: HUD Multifamily provides free technical assistance for owners using the form
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Con: Owners cannot customize for unique property needs without risking HAP loss
- Con: Long form (often 12+ pages with addenda) intimidates new tenants
- Con: Frequent HUD updates require owners to track every notice and revision date
- Con: State-specific landlord disclosures (lead paint, bed bugs, mold) must be added by separate addendum
- Con: Termination procedures take longer than typical state unlawful detainer timelines
Key Entities You Must Know
- HUD Office of Multifamily Housing Programs — issues the form and the handbook
- Performance-Based Contract Administrators — state-level reviewers who audit the lease
- HUD Office of Fair Housing and Equal Opportunity — enforces VAWA and disability protections
- HUD Office of Inspector General — audits subsidy payments and lease defects
- Departmental Enforcement Center — pursues civil penalties for non-compliance
- Legal Services Corporation — funds the legal aid offices that represent most HUD tenants
- National Housing Law Project — publishes the leading practitioner guide on HUD evictions
Court Rulings Every Reader Should Know
In Swann v. Gastonia Housing Authority, 675 F.2d 1342 (4th Cir. 1982), the court held that termination notices must state facts with enough specificity to allow a defense. In Edwards v. Habib, 397 F.2d 687 (D.C. Cir. 1968), the court created the retaliatory eviction defense, which HUD has folded into 24 CFR 245. In Joy v. Daniels, 479 F.2d 1236 (4th Cir. 1973), the court applied due process to federally subsidized lease terminations.
These rulings change how paragraph 23 must be written and served. The consequence of ignoring them is dismissal of the eviction and possible fee-shifting under 42 U.S.C. § 1988. A scenario: an Indiana owner in 2023 lost a holdover case and paid $22,000 in tenant attorney fees because the notice was conclusory. People wrongly think these old cases no longer apply — they remain binding precedent in HUD housing.
State Nuances on Top of Federal Rules
Federal law sets the floor, and state landlord-tenant law fills gaps. In California, the Tenant Protection Act of 2019 layers just-cause limits onto the federal rule, generally without conflict. In New York, the Housing Stability and Tenant Protection Act of 2019 extends notice periods that exceed federal minimums, and owners must follow the longer state period.
In Texas, Chapter 92 of the Property Code provides the eviction procedure that runs alongside HUD’s 30-day federal notice. In Florida, Chapter 83 sets a three-day pay-or-quit period for nonpayment, which HUD owners may use only after also satisfying federal notice rules. The consequence of choosing only one set of rules is dismissal — courts require both to be satisfied.
FAQs
Is HUD Form 90105 required for every Section 8 tenant?
No. Only project-based Section 8 (and Sections 202 and 811 PRAC) use HUD-90105. The Housing Choice Voucher program uses the HUD Tenancy Addendum (Form 52641-A) with a private lease instead.
Can a landlord change the wording on Form 90105?
No. The model lease text is fixed and cannot be edited. Owners may only complete blanks and attach approved addenda like the VAWA addendum. Edits void the HAP contract.
Does Form 90105 expire after one year?
No. The initial term is one year, then it automatically rolls month-to-month under 24 CFR 880.606. The owner does not need to re-execute it every year.
Is the security deposit refundable?
Yes. The deposit is refundable within the period your state law requires, usually 14–30 days after move-out, minus documented damages allowed under Handbook 4350.3 §6-18.
Can HUD evict me directly?
No. Only the owner can file for eviction in state court. HUD enforces the rules through HAP abatement, audits, and enforcement actions against the owner, not the tenant.
Are domestic violence survivors protected under Form 90105?
Yes. The VAWA Lease Addendum (Form 91067) gives survivors the right to stay, transfer, or bifurcate the lease, and protects against eviction based on the abuse itself.
Does HOTMA require a new lease in 2026?
No. HOTMA changes income and rent math but does not require a brand-new lease. Owners amend paragraph 4 at the next annual recertification.
Can I be evicted for a one-time late payment?
Yes, but only after a proper notice under 24 CFR 247.4 and a court order. Many owners must first offer a repayment plan under HUD Notice H 2023-09.
Is HUD Form 90105 available in languages other than English?
Yes. HUD provides Spanish and several other language versions through the HUD Limited English Proficiency portal, and owners must offer translation when needed.
Can my landlord refuse to renew the lease?
No, not without good cause. 24 CFR 247.3 requires the owner to show material lease violation, criminal activity, or other good cause to refuse renewal in a project-based subsidized property.
Does signing Form 90105 waive my right to a jury trial?
No. The model lease does not contain a jury-trial waiver, and any added side waiver is unenforceable under 24 CFR 247.6.
Can my children be added to the lease later?
Yes. New household members are added through an interim recertification and a lease amendment, subject to owner screening rules and HUD occupancy standards.
Related reading
- How to Fill Out HUD Form 52517 (w/Examples) + FAQs
- How to Fill Out HUD Form 52641-A (w/Examples) + FAQs
- How to Fill Out HUD Form 92417 (w/Examples) + FAQs
- How to Fill Out HUD Form 92458 (w/Examples) + FAQs
- How to Fill Out HUD Form 9839-A (w/Examples) + FAQs
- How to Fill Out HUD Form 9839-B (w/Examples) + FAQs
- How to Fill Out HUD Form 92005 (w/Examples) + FAQs