§ 1715z-1b. — Tenant participation in multifamily housing projects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1715z-1b]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
SUBCHAPTER II--MORTGAGE INSURANCE
Sec. 1715z-1b. Tenant participation in multifamily housing
projects
(a) Purpose; definitions
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.
(b) Rights of tenants
The Secretary shall assure that--
(1) 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;
(2) project owners not interfere with the efforts of tenants to
obtain rent subsidies or other public assistance;
(3) 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
(4) project owners do not impede the reasonable efforts of
resident tenant organizations to represent their members or the
reasonable efforts of tenants to organize.
(c) Regulations
The Secretary shall promulgate regulations to carry out the
provisions of this section not later than 90 days after October 31,
1978.
(Pub. L. 95-557, title II, Sec. 202, Oct. 31, 1978, 92 Stat. 2088; Pub.
L. 97-35, title III, Sec. 329F, Aug. 13, 1981, 95 Stat. 410; Pub. L.
100-242, title I, Sec. 183(a), (b), Feb. 5, 1988, 101 Stat. 1872; Pub.
L. 105-276, title V, Sec. 599(a), Oct. 21, 1998, 112 Stat. 2660.)
References in Text
The Low-Income Housing Preservation and Resident Homeownership Act
of 1990, referred to in subsec. (a), is title II of Pub. L. 100-242,
Feb. 5, 1988, 101 Stat. 1877, as amended, which is classified
principally to chapter 42 (Sec. 4101 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 4101 of this title and Tables.
The Emergency Low Income Housing Preservation Act of 1987, referred
to in subsec. (a), is title II of Pub. L. 100-242, Feb. 5, 1988, 101
Stat. 1877, which, as amended by Pub. L. 101-625, is known as the Low-
Income Housing Preservation and Resident Homeownership Act of 1990.
Subtitles A and B of title II, which were formerly set out as a note
under section 1715l of this title and which amended section 1715z-6 of
this title, were amended generally by Pub. L. 101-625 and are classified
to subchapter I (Sec. 4101 et seq.) of chapter 42 of this title.
Subtitles C and D of title II amended section 1715z-15 of this title and
sections 1437f, 1472, 1485, and 1487 of Title 42, The Public Health and
Welfare. Another subtitle C of title II of Pub. L. 100-242, as added by
Pub. L. 102-550, is classified generally to subchapter II (Sec. 4141 et
seq.) of chapter 42 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 4101 of this
title and Tables.
The Multifamily Assisted Housing Reform and Affordability Act of
1997, referred to in subsec. (a), is title V of Pub. L. 105-65, Oct. 27,
1997, 111 Stat. 1384. For complete classification of this Act to the
Code, see Short Title of 1997 Amendment note set out under section 1701
of this title and Tables.
Codification
This section was enacted as part of the Housing and Community
Development Amendments of 1978, and not as part of the National Housing
Act which comprises this chapter.
Amendments
1998--Subsec. (a). Pub. L. 105-276 inserted before period at end ``,
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, the provisions of
the Emergency Low Income Housing Preservation Act of 1987, or the
Multifamily Assisted Housing Reform and Affordability Act of 1997''.
1988--Subsec. (a). Pub. L. 100-242, Sec. 183(a), inserted reference
to section 1701q of this title.
Subsec. (b)(1). Pub. L. 100-242, Sec. 183(b), substituted ``or where
the Secretary proposes to sell a mortgage secured by a multifamily
housing project'' for ``and the Secretary deems it appropriate''.
1981--Subsec. (b)(1). Pub. L. 97-35 substituted provisions relating
to request by the owner for rent increases, etc., for provisions
relating to action by the owner.
Effective Date of 1998 Amendment
Pub. L. 105-276, title V, Sec. 599(b), Oct. 21, 1998, 112 Stat.
2660, provided that: ``The amendment made by this section [amending this
section] is made on, and shall apply beginning upon, the date of the
enactment of this Act [Oct. 21, 1998].''
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371
of Pub. L. 97-35, set out as an Effective Date note under section 3701
of this title.
