42 U.S.C. § 12755 — Tenant and participant protections
submitted 36 years ago by Pub. L. 101-625 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 513 words · no verdicts yet
Owners of HOME-assisted rental housing must offer leases of at least one year. They can only end a tenancy for good cause, with 30 days' written notice. They must keep the housing up to code and use fair, written tenant-selection rules.
(a) Lease: The lease between a tenant and the owner* of HOME-assisted affordable rental housing must run for at least one year, unless the tenant and owner both agree to something shorter. The lease must include whatever terms the Secretary* decides are appropriate.
(b) Termination of tenancy: An owner cannot end a tenancy, or refuse to renew a lease, except for serious or repeated lease violations, violation of federal, state*, or local law, or other good cause. The owner must give the tenant written notice of the reason at least 30 days before acting. That 30-day wait is not required if the reason is a direct safety threat to tenants or staff, or an immediate, serious threat to the property — as long as ending the tenancy still follows state or local law.
(c) Maintenance and replacement: The owner must keep the rental housing up to all applicable housing quality standards and local building codes.
(d) Tenant selection: The owner must adopt written policies for choosing tenants. These policies must (1) fit the goal of housing very low-income and low-income families, (2) reasonably relate to program eligibility and whether the applicant can meet the lease's obligations, (3) reasonably consider the needs of families who would get a preference under section 1437d(c)(4)(A), and (4) provide for picking tenants off a written waiting list in the order they applied, as much as practical, and for promptly telling any rejected applicant in writing why they were rejected.
(e) Exception: Rules (2), (3), and (4) of subsection (d) do not apply to housing that meets all of these conditions: (1) it has no more than 4 rental units; (2) each unit's rent follows the requirements in paragraph (1)(A); (3) each unit is occupied by a low-income family; (4) no unit is refused to a tenant holding a section 1437f housing voucher because they hold that voucher; (5) the housing meets the requirement in paragraph (1)(E); and (6) the jurisdiction monitors the housing's compliance in a way consistent with section 12756(b), as the Secretary determines.
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.
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. Such 30-day waiting period is not required if the grounds for the termination or refusal to renew involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with the requirements of State or local law).
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.
The owner of rental housing assisted under this subchapter shall adopt written tenant selection policies and criteria that—
are consistent with the purpose of providing housing for very low-income and low-income families,
are reasonably related to program eligibility and the applicant’s ability to perform the obligations of the lease,
give reasonable consideration to the housing needs of families that would have a preference under section 1437d(c)(4)(A) of this title, and
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) the prompt notification in writing of any rejected applicant of the grounds for any rejection.
Paragraphs (2), (3), and (4) of subsection (d) shall not apply to housing under this section that meets the following criteria:
The housing is affordable housing with not more than 4 dwelling units, each of which is made available for rental.
Each dwelling unit in the housing bears rent in an amount that complies with the requirements described in paragraph (1)(A).1
Each dwelling unit in the housing is accompanied by a low-income family.
No dwelling in the housing is refused for leasing to a holder of a voucher under section 1437f of this title because of the status of the prospective tenant as a holder of that voucher.
The housing complies with the requirement described in paragraph (1)(E).1
The participating jurisdiction in which the housing is located monitors the compliance of the housing with the requirements of this subchapter in a manner consistent with the purposes of section 12756(b) of this title, as determined by the Secretary.
Source credit: (Pub. L. 101–625, title II, § 225, Nov. 28, 1990, 104 Stat. 4113; Pub. L. 114–113, div. L, title II, § 235, Dec. 18, 2015, 129 Stat. 2896; Pub. L. 119–101, title V, § 501(q), (v)(11), July 11, 2026, 140 Stat. 914, 918.)
- 1990Enacted · Pub. L. 101-625 · 104 Stat. 4113
- 2015Amended · Pub. L. 114-113 · 129 Stat. 2896
- 2026Amended · Pub. L. 119-101 · 140 Stat. 914, 918
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-625 on 1990-11-28.
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