Title 42, The Public Health and WelfareRelease 119-110

§12755 Tenant and Participant Protections

Title 42 › CHAPTER 130 — NATIONAL AFFORDABLE HOUSING › SUBCHAPTER II — INVESTMENT IN AFFORDABLE HOUSING › Part A — HOME Investment Partnerships › § 12755

Last updated Sep 23, 2026|Official source

Summary

Owners must give tenants leases that last at least one year unless the tenant and owner agree to a shorter term. An owner cannot end a tenancy or refuse to renew a lease except for serious or repeated lease violations, breaking applicable law, or other good cause. Before ending the tenancy or refusing to renew, the owner must give the tenant a written notice explaining the reasons at least 30 days before the action. The 30-day notice is not required if the tenant poses a direct threat to people’s safety or an imminent, serious threat to the property, and the owner must follow state or local law in such cases. Owners must keep the housing up to all housing quality standards and local building codes. They must have written rules for choosing tenants that aim to house very low‑income and low‑income families, relate to program eligibility and the tenant’s ability to follow the lease, consider any families with an established preference, use a written waiting list in application order when practical, and promptly tell rejected applicants in writing why they were turned down. Those tenant‑selection rules about eligibility, preference, and waiting lists do not apply to small properties (4 or fewer rental units) that meet certain rent, occupancy, voucher, program-rule, and local monitoring conditions.

Full Legal Text

Title 42, §12755

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

(a)Lease
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)Termination of tenancy
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)Maintenance and replacement
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)Tenant selection
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) the prompt notification in writing of any rejected applicant of the grounds for any rejection.
(e)Exception
Paragraphs (2), (3), and (4) of subsection (d) shall not apply to housing under this section that meets the following criteria:
(1)The housing is affordable housing with not more than 4 dwelling units, each of which is made available for rental.
(2)Each dwelling unit in the housing bears rent in an amount that complies with the requirements described in paragraph (1)(A).
(3)Each dwelling unit in the housing is accompanied by a low-income family.
(4)No dwelling in the housing is refused for leasing to a holder of a voucher under section 1437f of this title because of the status of the prospective tenant as a holder of that voucher.
(5)The housing complies with the requirement described in paragraph (1)(E).1
(6)The participating jurisdiction in which the housing is located monitors the compliance of the housing with the requirements of this subchapter in a manner consistent with the purposes of section 12756(b) of this title, as determined by the Secretary.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2026—Subsec. (d)(4)(B). Pub. L. 119–101, § 501(v)(11), struck out “for” before “the prompt”. Subsec. (e). Pub. L. 119–101, § 501(q), added subsec. (e). 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).”

Reference

Citations & Metadata

Citation

42 U.S.C. § 12755

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110