days as if the determination to evict had already been made. The regulations do not permit a final determination until time has been given for a hearing.
Defendant's combined notice does not comply with 24 C.F.R. § 866.4(1) (1978). 24 C.F.R. § 866.4(1) states that the Authority "shall give written notice of termination of the lease of . . . 14 days in the case of failure to pay rent." This section also provides that the notice "must contain reasons for the termination and inform the tenant of his right to reply or request a grievance hearing."
Thus, Section 866.4(1) addresses the procedural due process requirement that an initial notice must advise the tenant of a Proposed termination. The determination to evict may not become final until the tenant has had an effective opportunity to present his grievances at a hearing. McMichael, supra, at 149; See Goldberg, supra, at 267-68. This initial notice, therefore, must adhere to the requirements of 24 C.F.R. § 866.4(1) and must be couched in language conveying the proposed nature of the lease termination. During the 14 days the tenant has an opportunity to dispute the Housing Authority's action. If the tenant fails to present any grievance, either orally or in writing, to the Housing Authority within said period, the determination to evict becomes final, or if the tenant loses the grievance, the determination becomes final.
After the determination becomes final, the Authority must bring its eviction proceedings according to the constraints of state law.
68 P.S. § 250.501 states that a notice to quit must be issued to the tenant before eviction proceedings may be adjudicated.
Consequently, a second notice must be delivered to the tenant demanding that the tenant quit the premises within the statutorily prescribed time period.
In order to comply with HUD regulations, we conclude that the Housing Authority must establish a two notice system for evicting tenants for non-payment of rent. This system should be applied to the plaintiffs and all tenants still residing in the Authority's housing. An appropriate order will therefore be entered in the form of a declaratory judgment and permanent injunction.
An appropriate order follows.
AND NOW, April 30, 1979, the court orders as follows:
Plaintiffs' Motion for Class Certification is hereby denied.
The Housing Authority of the City of Pittsburgh is enjoined from commencing, prosecuting or enforcing from this date forward any state eviction proceedings against plaintiffs and the other tenants of the Authority until the Authority complies with the requirements of 24 C.F.R. Part 866 (1978) and the Act of April 6, 1951, P.L. 69, art. V, § 501, 68 P.S. § 250.501 as hereinafter provided.
The present policy of the Authority violates 24 C.F.R. § 866.4(1) and 68 P.S. § 250.501 because:
A. Separate notice of proposed termination is not provided the tenant in accordance with 24 C.F.R. § 866.4(1) so that the tenant may have an effective opportunity to dispute the Authority's actions before a notice to quit is given.
B. The notice to quit required under Pennsylvania law is not separate and distinct from the notice of proposed termination.
C. The notice to quit is given to a tenant prior to the 14 day period during which a tenant may request a hearing.
The Authority shall institute a two notice system in compliance with 24 C.F.R. Part 866.