Page:United States Statutes at Large Volume 114 Part 5.djvu/969

 PUBLIC LAW 106-569—DEC. 27, 2000 114 STAT. 2983 "(i) recognizes any contractual or legal rights of any public agency, nonprofit sponsor, or other person or entity to take an action that would— "(I) avoid termination of low-income affordability, in the case of foreclosure; or "(II) transfer ownership in lieu of foreclosure; and "(ii) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary. "(b) EXCEPTION. —Notwithstanding subsection (a), housing assistsmce pursuant to section 809(a)(2)(B) shall be considered affordable housing for purposes of this title. "SEC. 814. LEASE REQUIREMENTS AND TENANT SELECTION. 25 USC 4233. "(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 title, 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 enjojmtient 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 enjo3anent 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 title, 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;

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