
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12755]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 130--NATIONAL AFFORDABLE HOUSING
 
             SUBCHAPTER II--INVESTMENT IN AFFORDABLE HOUSING
 
                  Part A--HOME Investment Partnerships
 
Sec. 12755. Tenant and participant protections


(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.

(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) for \1\ the prompt notification 
    in writing of any rejected applicant of the grounds for any 
    rejection.
---------------------------------------------------------------------------
    \1\ So in original. The word ``for'' probably should not appear.
---------------------------------------------------------------------------

(Pub. L. 101-625, title II, Sec. 225, Nov. 28, 1990, 104 Stat. 4113.)
