Lease requirements and tenant selection

25 U.S.C. § 4233

• Title: 25 — Indians
• Chapter: SUBCHAPTER VIII—HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

Text

(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.

History

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

Editorial Notes

Editorial Notes

Codification
Pub. L. 106–568, §203, and Pub. L. 106–569, §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, §513.