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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 12755 Tenant and participant protections us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 130 NATIONAL AFFORDABLE HOUSING 12755 42 U.S.C. § 12755 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s12755 data/legal/raw/us/code/title-42/usc42.xml 1aef1f7aaba9bb1559b206ddc80f6c4a00647286337b5644e4186ec6778478a7 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e db5b51e5bdbcd5dc31acd69aa4041266ebaf3f4f31477f02f02630e0076782eb 2026-07-04 official
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42 U.S.C. § 12755 - Tenant and participant protections

Text

(a) Lease 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.

(b) Termination of tenancy 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 owners 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).

(c) Maintenance and replacement 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.

(d) Tenant selection The owner of rental housing assisted under this subchapter shall adopt written tenant selection policies and criteria that—

(1) are consistent with the purpose of providing housing for very low-income and low-income families,

(2) are reasonably related to program eligibility and the applicants ability to perform the obligations of the lease,

(3) give reasonable consideration to the housing needs of families that would have a preference under section 1437d(c)(4)(A) of this title, and

(4) 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) for 11 So in original. The word “for” probably should not appear. the prompt notification in writing of any rejected applicant of the grounds for any rejection.

(Pub. L. 101625, title II, § 225, Nov. 28, 1990, 104 Stat. 4113; Pub. L. 114113, div. L, title II, § 235, Dec. 18, 2015, 129 Stat. 2896.)

Notes

Editorial Notes

Amendments2015—Subsec. (b). Pub. L. 114113 inserted at end “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).”