Page 719 TITLE 25—INDIANS § 4137

§ 4135. Low-income requirement and income

targeting

(a) In general

Housing shall qualify as affordable housing for

purposes of this chapter only if—

(1) each dwelling unit in the housing—

(A) in the case of rental housing, is made

available for occupancy only by a family

that is a low-income family at the time of

their initial occupancy of such unit; and

(B) in the case of housing for homeownership, is made available for purchase only by

a family that is a low-income family at the

time of purchase; and

(2) except for housing assisted under section

1437bb of title 42 (as in effect before the date

of the effectiveness of this chapter), each

dwelling unit in the housing will remain affordable, according to binding commitments

satisfactory to the Secretary, for the remaining useful life of the property (as determined

by the Secretary) without regard to the term

of the mortgage or to transfer of ownership, or

for such other period that the Secretary determines is the longest feasible period of time

consistent with sound economics and the purposes of this chapter, except upon a foreclosure by a lender (or upon other transfer in

lieu of foreclosure) if such action—

(A) recognizes any contractual or legal

rights of public agencies, nonprofit sponsors,

or others to take actions that would avoid

termination of low-income affordability in

the case of foreclosure or transfer in lieu of

foreclosure; and

(B) is not for the purpose of avoiding lowincome affordability restrictions, as determined by the Secretary.

(b) Exception

Notwithstanding subsection (a) of this section,

housing assisted pursuant to section 4131(b)(2) of

this title shall be considered affordable housing

for purposes of this chapter.

(Pub. L. 104–330, title II, §205, Oct. 26, 1996, 110

Stat. 4033.)

REFERENCES IN TEXT

Section 1437bb of title 42, referred to in subsec. (a)(2),

was repealed by Pub. L. 104–330, title V, §501(a), Oct. 26,

1996, 110 Stat. 4041, effective Oct. 1, 1997.

For the date of the effectiveness of this chapter, referred to in subsec. (a)(2), as Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L.

104–330, set out as an Effective Date note under section

4101 of this title.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4139 of this title.

§ 4136. Certification of compliance with subsidy

layering requirements

With respect to housing assisted with grant

amounts provided under this chapter, the requirements of section 3545(d) of title 42 shall be

considered to be satisfied upon certification by

the Secretary that the combination of Federal

assistance provided to any housing project is not

any more than is necessary to provide affordable

housing.

(Pub. L. 104–330, title II, §206, Oct. 26, 1996, 110

Stat. 4034.)

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.

§ 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 selection

The owner or manager of affordable rental

housing assisted with grant amounts provided

under this chapter shall adopt and utilize written tenant 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—