42 U.S.C. § 12756: Monitoring of compliance

Summary

Participating jurisdictions must use binding contracts and other steps to make sure owners of affordable rental housing follow the rules long-term and to allow enforcement and remedies if the rules are broken. At least once a year, jurisdictions must review owners’ rental activities for compliance. Local governments must include onsite inspections for housing-code compliance; States must inspect against a national standard set by the Secretary. Review results must be included in the performance report sent under section 12708(a) and made public. The Secretary may allow simpler procedures for small or scattered-site projects.

Title 42, §12756

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

(a)Enforceable agreements

Each participating jurisdiction, through binding contractual agreements with owners and otherwise, shall ensure long-term compliance with the provisions of this subchapter. Such measures shall provide for (1) enforcement of the provisions of this subchapter by the jurisdiction or by the intended beneficiaries, and (2) remedies for the breach of such provisions.

(b)Periodic monitoring

(1)In general

Each participating jurisdiction, not less frequently than annually, shall review the activities of owners of affordable housing assisted under this subchapter for rental to assess compliance with the requirements of this subchapter.

(2)Onsite inspections

(A)Inspections by units of general local government

A review conducted under paragraph (1) by a participating jurisdiction that is a unit of general local government shall include an onsite inspection to determine compliance with housing codes and other applicable regulations.

(B)Inspections by States

A review conducted under paragraph (1) by a participating jurisdiction that is a State shall include an onsite inspection to determine compliance with a national standard as determined by the Secretary.

(3)Inclusion in performance report and publication

A participating jurisdiction shall include in the performance report of the participating jurisdiction submitted to the Secretary under section 12708(a) of this title, and make available to the public, the results of each review conducted under paragraph (1).

(c)Special procedures for certain projects

In the case of small-scale or scattered site housing, the Secretary may provide for such streamlined procedures for achieving the purposes of this section as the Secretary determines to be appropriate.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2026—Subsec. (b). Pub. L. 119–101 inserted par. (1) designation and heading before “Each participating jurisdiction” and substituted pars. (2) and (3) for “Such review shall include on-site inspection to determine compliance with housing codes and other applicable

Regulations

. The results of each review shall be included in the jurisdiction’s performance report submitted to the Secretary under section 12708(a) of this title and made available to the public.”

§12756 Monitoring of Compliance