§1715z–1b — Title 12 Banks and Banking | U.S. Code

Summary

Requires the Secretary to protect and encourage tenant involvement in federally assisted multifamily housing so tenants help keep buildings safe, maintained, energy-efficient, and affordable. Multifamily housing project — housing that gets certain federal help, such as FHA/USDA programs, Section 8 project-based aid, enhanced vouchers, or preservation/reform program support. Where the Secretary must approve owner actions (like rent increases, converting units to other uses, partial release of security, big physical changes, selling a mortgage, or disposing of a Secretary-owned project), tenants must get notice, access to relevant information, and a chance to comment, and those comments must be considered. Owners must not block tenants from getting public help, must use fair leases that prevent eviction without good cause and proper notice, and must not stop tenant groups from organizing or representing members. The Secretary must write rules to carry this out within 90 days after October 31, 1978.

Title 12, §1715z–1b

Banks and Banking — Source: USLM XML via OLRC

(a)The purpose of this section is to recognize the importance and benefits of cooperation and participation of tenants in creating a suitable living environment in multifamily housing projects and in contributing to the successful operation of such projects, including their good physical condition, proper maintenance, security, energy efficiency, and control of operating costs. For the purpose of this section, the term “multifamily housing project” means a project which is eligible for assistance as described in section 1715z–1a(c) of this title or section 1701q of this title, or a project which receives project-based assistance under section 1437f of title 42 or enhanced vouchers under the Low-Income Housing Preservation and Resident Homeownership Act of 1990 [12 U.S.C. 4101 et seq.], the provisions of the Emergency Low Income Housing Preservation Act of 1987, or the Multifamily Assisted Housing Reform and Affordability Act of 1997.

(b)The Secretary shall assure that—

(1)where the Secretary’s written approval is required with respect to an owner’s request for rent increase, conversion of residential rental units to any other use (including commercial use or use as a unit in any condominium or cooperative project), partial release of security, or major physical alterations or where the Secretary proposes to sell a mortgage secured by a multifamily housing project, tenants have adequate notice of, reasonable access to relevant information about, and an opportunity to comment on such actions (and in the case of a project owned by the Secretary, any proposed disposition of the project) and that such comments are taken into consideration by the Secretary;

(2)project owners not interfere with the efforts of tenants to obtain rent subsidies or other public assistance;

(3)leases approved by the Secretary provide that tenants may not be evicted without good cause or without adequate notice of the reasons therefor and do not contain unreasonable terms and conditions; and

(4)project owners do not impede the reasonable efforts of resident tenant organizations to represent their members or the reasonable efforts of tenants to organize.

(c)The Secretary shall promulgate regulations to carry out the provisions of this section not later than 90 days after October 31, 1978.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Low-Income Housing Preservation and Resident Homeownership Act of 1990, referred to in subsec. (a), is title II of Pub. L. 100–242, Feb. 5, 1988, 101 Stat. 1877, which is classified principally to chapter 42 (§ 4101 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 4101 of this title and Tables. The Emergency Low Income Housing Preservation Act of 1987, referred to in subsec. (a), is title II of Pub. L. 100–242, Feb. 5, 1988, 101 Stat. 1877, which, as amended by Pub. L. 101–625, is known as the Low-Income Housing Preservation and Resident Homeownership Act of 1990. Subtitles A and B of title II, which were formerly set out as a note under section 1715l of this title and which amended section 1715z–6 of this title, were amended generally by Pub. L. 101–625 and are classified to subchapter I (§ 4101 et seq.) of chapter 42 of this title. Subtitles C and D of title II amended section 1715z–15 of this title and section 1437f, 1472, 1485, and 1487 of Title 42, The Public Health and Welfare. Another subtitle C of title II of Pub. L. 100–242, as added by Pub. L. 102–550, is classified generally to subchapter II (§ 4141 et seq.) of chapter 42 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 4101 of this title and Tables. The Multifamily Assisted Housing Reform and Affordability Act of 1997, referred to in subsec. (a), is title V of Pub. L. 105–65, Oct. 27, 1997, 111 Stat. 1384. For complete classification of this Act to the Code, see

Short Title

of 1997 Amendment note set out under section 1701 of this title and Tables. Codification This section was enacted as part of the Housing and Community Development

Amendments

of 1978, and not as part of the National Housing Act which comprises this chapter.

Amendments

1998—Subsec. (a). Pub. L. 105–276 inserted before period at end “, or a project which receives project-based assistance under section 1437f of title 42 or enhanced vouchers under the Low-Income Housing Preservation and Resident Homeownership Act of 1990, the provisions of the Emergency Low Income Housing Preservation Act of 1987, or the Multifamily Assisted Housing Reform and Affordability Act of 1997”. 1988—Subsec. (a). Pub. L. 100–242, § 183(a), inserted reference to section 1701q of this title. Subsec. (b)(1). Pub. L. 100–242, § 183(b), substituted “or where the Secretary proposes to sell a mortgage secured by a multifamily housing project” for “and the Secretary deems it appropriate”. 1981—Subsec. (b)(1). Pub. L. 97–35 substituted provisions relating to request by the owner for rent increases, etc., for provisions relating to action by the owner.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 Amendment Pub. L. 105–276, title V, § 599(b), Oct. 21, 1998, 112 Stat. 2660, provided that: “The amendment made by this section [amending this section] is made on, and shall apply beginning upon, the date of the enactment of this Act [Oct. 21, 1998].”

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as an

Effective Date

note under section 3701 of this title.

§1715z–1b Tenant participation in multifamily housing projects

Summary

Title 12, §1715z–1b

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Short Title

Amendments

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

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