12 U.S.C. § 1715z–1b — Tenant participation in multifamily housing projects
submitted 48 years ago by Pub. L. 95-557 to r/title-12-BANKS-AND-BANKING · 366 words · no verdicts yet
This section protects tenant participation and specified tenant rights in multifamily housing projects. It requires the Secretary to issue rules implementing those protections.
(a) Purpose; definitions. Tenant cooperation and participation help create suitable living conditions and successful project operation, including good physical condition, maintenance, security, energy efficiency, and operating-cost control. “Multifamily housing project” means a project eligible under section 1715z–1a(c) or section 1701q, or receiving the listed project-based assistance or enhanced vouchers. This section does not define those quoted terms.
(b) Tenant rights. The Secretary must ensure that: (1) for specified owner actions requiring written approval, and for proposed sale or disposition of a project, tenants receive adequate notice, reasonable access to relevant information, and an opportunity to comment, and the Secretary considers the comments; (2) owners do not interfere with tenants seeking rent subsidies or public assistance; (3) approved leases do not allow eviction without good cause and adequate notice or contain unreasonable terms; and (4) owners do not impede reasonable tenant-organization or organizing efforts.
(c) Regulations. The Secretary must issue implementing regulations within 90 days after October 31, 1978.
The purpose of this section is to recognize the importance and benefits of cooperation and participation of tenants in creating a suitable living environment in multifamily housing projects and in contributing to the successful operation of such projects, including their good physical condition, proper maintenance, security, energy efficiency, and control of operating costs. For the purpose of this section, the term “multifamily housing project” means a project which is eligible for assistance as described in section 1715z–1a(c) of this title or section 1701q of this title, or a project which receives project-based assistance under section 1437f of title 42 or enhanced vouchers under the Low-Income Housing Preservation and Resident Homeownership Act of 1990 [12 U.S.C. 4101 et seq.], the provisions of the Emergency Low Income Housing Preservation Act of 1987, or the Multifamily Assisted Housing Reform and Affordability Act of 1997.
The Secretary shall assure that—
where the Secretary’s written approval is required with respect to an owner’s request for rent increase, conversion of residential rental units to any other use (including commercial use or use as a unit in any condominium or cooperative project), partial release of security, or major physical alterations or where the Secretary proposes to sell a mortgage secured by a multifamily housing project, tenants have adequate notice of, reasonable access to relevant information about, and an opportunity to comment on such actions (and in the case of a project owned by the Secretary, any proposed disposition of the project) and that such comments are taken into consideration by the Secretary;
project owners not interfere with the efforts of tenants to obtain rent subsidies or other public assistance;
leases approved by the Secretary provide that tenants may not be evicted without good cause or without adequate notice of the reasons therefor and do not contain unreasonable terms and conditions; and
project owners do not impede the reasonable efforts of resident tenant organizations to represent their members or the reasonable efforts of tenants to organize.
The Secretary shall promulgate regulations to carry out the provisions of this section not later than 90 days after October 31, 1978.
Source credit: (Pub. L. 95–557, title II, § 202, Oct. 31, 1978, 92 Stat. 2088; Pub. L. 97–35, title III, § 329F, Aug. 13, 1981, 95 Stat. 410; Pub. L. 100–242, title I, § 183(a), (b), Feb. 5, 1988, 101 Stat. 1872; Pub. L. 105–276, title V, § 599(a), Oct. 21, 1998, 112 Stat. 2660.)
- 1978Enacted · Pub. L. 95-557 · 92 Stat. 2088
- 1981Amended · Pub. L. 97-35 · 95 Stat. 410
- 1988Amended · Pub. L. 100-242 · 101 Stat. 1872
- 1998Amended · Pub. L. 105-276 · 112 Stat. 2660
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-557 on 1978-10-31.
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