42 U.S.C. § 12755

Tenant and participant protections

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(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 owner’s 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).

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 selectionThe 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 applicant’s 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. 101–625, title II, § 225, Nov. 28, 1990, 104 Stat. 4113; Pub. L. 114–113, div. L, title II, § 235, Dec. 18, 2015, 129 Stat. 2896.)Editorial NotesAmendments

2015—Subsec. (b). Pub. L. 114–113 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).”

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2024–2025 · leading case: Hous. Auth. v. Knight, 563 P.3d 1058 (Wash. 2025).

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Hous. Auth. v. Knight, 563 P.3d 1058 (Wash. 2025). “” 42 U.S.C. § 12755 (b) (emphasis added). Importantly, §1437d(l)(4) requires a public housing agency to provide adequate written notice when terminating a lease of 14 days for nonpayment of rent and 30 days “in any other case, except that if a State or local law provides for a…”

Campbell v. FPI Mgmt., Inc. (Cal. Ct. App. 2024). · cites it 3× “” ( 42 U.S.C. § 12755 (b).) The requirement of 30 days’ notice is reiterated in the HOME program regulations: “An owner may not terminate the tenancy .”

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