25 U.S.C. § 4137

Lease requirements and tenant selection

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(a) LeasesExcept 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 selectionThe 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, § 207, Oct. 26, 1996, 110 Stat. 4034; Pub. L. 105–276, title V, § 595(b), (e)(9), Oct. 21, 1998, 112 Stat. 2656, 2658.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables.

Amendments

1998—Subsec. (b). Pub. L. 105–276, § 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, § 595(b)(3), inserted “and homebuyers” after “tenants”.

Subsec. (b)(3)(B). Pub. L. 105–276, § 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”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 3 cases, 2002–2007 · leading case: United States v. Orville Milk, 281 F.3d 762 (8th Cir. 2002).

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United States v. Orville Milk, 281 F.3d 762 (8th Cir. 2002). “, 25 U.S.C. § 4137 (a)(6)(C) (providing that landlords must use leases that allow eviction if tenant is engaged in drug-related criminal activity).”

All Mission Indian Hous. Auth. v. Magante, 526 F. Supp. 2d 1112 (S.D. Cal. 2007). “The section of NAHASDA quoted by Plaintiff in its response, 25 U.S.C. § 4137 , does specify certain rules regarding evictions that must be incorporated into all leases, including the tenant’s right to examine any relevant documents or records related to the eviction.”

United States v. Orville Milk (8th Cir. 2002). “, 25 U.S.C. § 4137 (a)(6)(C) (providing that landlords must use leases that allow eviction if tenant is engaged in drug-related criminal activity).”

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