§12755 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Leases for affordable rental units must run at least one year unless the owner and tenant both agree to a shorter term. Owners may only end a tenancy or refuse to renew a lease for serious or repeated lease violations, breaking federal, state, or local law, or other good cause. Owners must give tenants a written notice at least 30 days before ending the tenancy or not renewing, saying why. The 30-day notice is not needed if the tenant or staff are in immediate danger or the property faces an imminent, serious threat, and state or local law allows faster action. Owners must keep the housing in good condition and meet housing quality and local code rules. They must have written rules for choosing tenants that focus on housing low-income families, match eligibility and a person’s ability to follow the lease, consider families who get a preference under section 1437d(c)(4)(A), pick from a written waiting list in application order when practical, and tell rejected applicants in writing why they were turned down.

Title 42, §12755

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The lease between a tenant and an owner of affordable housing assisted under this subchapter for rental shall be for not less than one year, unless by mutual agreement between the tenant and the owner, and shall contain such terms and conditions as the Secretary shall determine to be appropriate.

(b)An owner shall not terminate the tenancy or refuse to renew the lease of a tenant of rental housing assisted under this subchapter except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause. Any termination or refusal to renew must be preceded by not less than 30 days by the owner’s service upon the tenant of a written notice specifying the grounds for the action. Such 30-day waiting period is not required if the grounds for the termination or refusal to renew involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with the requirements of State or local law).

(c)The owner of rental housing assisted under this subchapter shall maintain the premises in compliance with all applicable housing quality standards and local code requirements.

(d)The owner of rental housing assisted under this subchapter shall adopt written tenant selection policies and criteria that—

(1)are consistent with the purpose of providing housing for very low-income and low-income families,

(2)are reasonably related to program eligibility and the applicant’s ability to perform the obligations of the lease,

(3)give reasonable consideration to the housing needs of families that would have a preference under section 1437d(c)(4)(A) of this title, and

(4)provide for (A) the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable, and (B) for 11 So in original. The word “for” probably should not appear. the prompt notification in writing of any rejected applicant of the grounds for any rejection.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (b). Pub. L. 114–113 inserted at end “Such 30-day waiting period is not required if the grounds for the termination or refusal to renew involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with the requirements of State or local law).”

§12755 Tenant and Participant Protections

Summary

Title 42, §12755

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata