Title 25IndiansRelease 119-73

§4233 Lease requirements and tenant selection

Title 25 › Chapter CHAPTER 43— - NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION › Subchapter SUBCHAPTER VIII— - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS › § 4233

Last updated Apr 6, 2026|Official source

Summary

Leases for affordable housing paid for with these federal grants must be fair and clear. They cannot have unreasonable terms. They must require the owner or manager to keep the property up to housing codes and quality standards. They must give tenants written notice before ending a lease, using the notice period required by state or local law. If a tenant faces eviction or lease termination, the tenant must be told they can look at any documents or rules related to the case before any hearing or trial. A tenant can only be removed during the lease for serious or repeated lease violations, breaking the law, or other good cause. Tenants can be removed for behavior by them, household members, or guests that harms others’ health or safety, stops others from peacefully enjoying the property or nearby homes, or involves criminal activity (including drug crimes) on or off the property. To get these grant funds, the program director must use written rules for picking tenants and homebuyers. Those rules must aim to serve low-income families, be tied to who is eligible and who can meet the lease, pick people from a written waiting list according to the approved housing plan, and quickly tell rejected applicants in writing why they were turned down.

Full Legal Text

Title 25, §4233

Indians — Source: USLM XML via OLRC

(a)Except to the extent otherwise provided by or inconsistent with the laws of the State of Hawaii, in renting dwelling units in affordable housing assisted with grant amounts provided under this subchapter, the Director, owner, or manager shall use leases that—
(1)do not contain unreasonable terms and conditions;
(2)require the Director, owner, or manager to maintain the housing in compliance with applicable housing codes and quality standards;
(3)require the Director, owner, or manager to give adequate written notice of termination of the lease, which shall be the period of time required under applicable State or local law;
(4)specify that, with respect to any notice of eviction or termination, notwithstanding any State or local law, a resident shall be informed of the opportunity, before any hearing or trial, to examine any relevant documents, record, or regulations directly related to the eviction or termination;
(5)require that the Director, owner, or manager may not terminate the tenancy, during the term of the lease, except for serious or repeated violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or for other good cause; and
(6)provide that the Director, owner, or manager may terminate the tenancy of a resident for any activity, engaged in by the resident, any member of the household of the resident, or any guest or other person under the control of the resident, that—
(A)threatens the health or safety of, or right to peaceful enjoyment of the premises by, other residents or employees of the Department, owner, or manager;
(B)threatens the health or safety of, or right to peaceful enjoyment of their premises by, persons residing in the immediate vicinity of the premises; or
(C)is criminal activity (including drug-related criminal activity) on or off the premises.
(b)As a condition to receiving grant amounts under this subchapter, the Director shall adopt and use written tenant and homebuyer selection policies and criteria that—
(1)are consistent with the purpose of providing housing for low-income families;
(2)are reasonably related to program eligibility and the ability of the applicant to perform the obligations of the lease; and
(3)provide for—
(A)the selection of tenants and homebuyers from a written waiting list in accordance with the policies and goals set forth in an applicable housing plan approved under section 4223 of this title; and
(B)the prompt notification in writing of any rejected applicant of the grounds for that rejection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical section 814 of Pub. L. 104–330. This section is based on the text of section 814 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.

Reference

Citations & Metadata

Citation

25 U.S.C. § 4233

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73