
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC4137]

 
                            TITLE 25--INDIANS
 
  CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
 
              SUBCHAPTER II--AFFORDABLE HOUSING ACTIVITIES
 
Sec. 4137. Lease requirements and tenant selection


(a) Leases

    Except to the extent otherwise provided by or inconsistent with 
tribal law, in renting dwelling units in affordable housing assisted 
with grant amounts provided under this chapter, the owner or manager of 
the housing shall utilize leases that--
        (1) do not contain unreasonable terms and conditions;
        (2) require the owner or manager to maintain the housing in 
    compliance with applicable housing codes and quality standards;
        (3) require the owner or manager to give adequate written notice 
    of termination of the lease, which shall be the period of time 
    required under State, tribal, or local law;
        (4) specify that, with respect to any notice of eviction or 
    termination, notwithstanding any State, tribal, or local law, a 
    resident shall be informed of the opportunity, prior to any hearing 
    or trial, to examine any relevant documents, records, or regulations 
    directly related to the eviction or termination;
        (5) require that the owner or manager may not terminate the 
    tenancy, during the term of the lease, except for serious or 
    repeated violation of the terms or conditions of the lease, 
    violation of applicable Federal, State, tribal, or local law, or for 
    other good cause; and
        (6) provide that the 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 owner or manager of the housing;
            (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) Tenant and homebuyer selection

    The owner or manager of affordable rental housing assisted with 
grant amounts provided under this chapter shall adopt and utilize 
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 the Indian housing plan for the tribe that is the grant 
        beneficiary of such grant amounts; and
            (B) the prompt notification in writing to any rejected 
        applicant of that rejection and the grounds for that rejection.

(Pub. L. 104-330, title II, Sec. 207, Oct. 26, 1996, 110 Stat. 4034; 
Pub. L. 105-276, title V, Sec. 595(b), (e)(9), Oct. 21, 1998, 112 Stat. 
2656, 2658.)


                               Amendments

    1998--Subsec. (b). Pub. L. 105-276, Sec. 595(b)(1), (2), in heading 
substituted ``Tenant and homebuyer selection'' for ``Tenant selection'' 
and, in introductory provisions, inserted ``and homebuyer'' after 
``tenant''.
    Subsec. (b)(3)(A). Pub. L. 105-276, Sec. 595(b)(3), inserted ``and 
homebuyers'' after ``tenants''.
    Subsec. (b)(3)(B). Pub. L. 105-276, Sec. 595(e)(9), substituted ``to 
any rejected applicant of that rejection and the grounds for that 
rejection'' for ``of any rejected applicant of the grounds for any 
rejection''.


                             Effective Date

    Section effective Oct. 1, 1997, except as otherwise expressly 
provided, see section 107 of Pub. L. 104-330, set out as a note under 
section 4101 of this title.
