§ 4137. — Lease requirements and tenant selection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4137]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER II--AFFORDABLE HOUSING ACTIVITIES
Sec. 4137. Lease requirements and tenant selection
(a) Leases
Except to the extent otherwise provided by or inconsistent with
tribal law, in renting dwelling units in affordable housing assisted
with grant amounts provided under this chapter, the owner or manager of
the housing shall utilize leases that--
(1) do not contain unreasonable terms and conditions;
(2) require the owner or manager to maintain the housing in
compliance with applicable housing codes and quality standards;
(3) require the owner or manager to give adequate written notice
of termination of the lease, which shall be the period of time
required under State, tribal, or local law;
(4) specify that, with respect to any notice of eviction or
termination, notwithstanding any State, tribal, or local law, a
resident shall be informed of the opportunity, prior to any hearing
or trial, to examine any relevant documents, records, or regulations
directly related to the eviction or termination;
(5) require that the owner or manager may not terminate the
tenancy, during the term of the lease, except for serious or
repeated violation of the terms or conditions of the lease,
violation of applicable Federal, State, tribal, or local law, or for
other good cause; and
(6) provide that the 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 owner or manager of the housing;
(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 and homebuyer selection
The owner or manager of affordable rental housing assisted with
grant amounts provided under this chapter shall adopt and utilize
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 the Indian housing plan for the tribe that is the grant
beneficiary of such grant amounts; and
(B) the prompt notification in writing to any rejected
applicant of that rejection and the grounds for that rejection.
(Pub. L. 104-330, title II, Sec. 207, Oct. 26, 1996, 110 Stat. 4034;
Pub. L. 105-276, title V, Sec. 595(b), (e)(9), Oct. 21, 1998, 112 Stat.
2656, 2658.)
Amendments
1998--Subsec. (b). Pub. L. 105-276, Sec. 595(b)(1), (2), in heading
substituted ``Tenant and homebuyer selection'' for ``Tenant selection''
and, in introductory provisions, inserted ``and homebuyer'' after
``tenant''.
Subsec. (b)(3)(A). Pub. L. 105-276, Sec. 595(b)(3), inserted ``and
homebuyers'' after ``tenants''.
Subsec. (b)(3)(B). Pub. L. 105-276, Sec. 595(e)(9), substituted ``to
any rejected applicant of that rejection and the grounds for that
rejection'' for ``of any rejected applicant of the grounds for any
rejection''.
Effective Date
Section effective Oct. 1, 1997, except as otherwise expressly
provided, see section 107 of Pub. L. 104-330, set out as a note under
section 4101 of this title.
