§ 4233. — 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: 25USC4233]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
Sec. 4233. Lease requirements and tenant selection
(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.
(Pub. L. 104-330, title VIII, Sec. 814, as added Pub. L. 106-568, title
II, Sec. 203, Dec. 27, 2000, 114 Stat. 2889, and Pub. L. 106-569, title
V, Sec. 513, Dec. 27, 2000, 114 Stat. 2983.)
Codification
Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 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,
Sec. 513.
