
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC4233]

 
                            TITLE 25--INDIANS
 
  CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
 
        SUBCHAPTER VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
 
Sec. 4233. Lease requirements and tenant selection


(a) Leases

    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) Tenant or homebuyer selection

    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.

(Pub. L. 104-330, title VIII, Sec. 814, as added Pub. L. 106-568, title 
II, Sec. 203, Dec. 27, 2000, 114 Stat. 2889, and Pub. L. 106-569, title 
V, Sec. 513, Dec. 27, 2000, 114 Stat. 2983.)

                          Codification

    Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted 
identical sections 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, 
Sec. 513.
