12 U.S.C. § 1715z–1b | Tenant participation in multifamily housing projects

(a)

Purpose; definitions

section 1715z–1a(c) of this title section 1701q of this title section 1437f of title 42 12 U.S.C. 4101The purpose of this section is to recognize the importance and benefits of cooperation and participation of tenants in creating a suitable living environment in multifamily housing projects and in contributing to the successful operation of such projects, including their good physical condition, proper maintenance, security, energy efficiency, and control of operating costs. For the purpose of this section, the term “multifamily housing project” means a project which is eligible for assistance as described in or , or a project which receives project-based assistance under or enhanced vouchers under the Low-Income Housing Preservation and Resident Homeownership Act of 1990 [ et seq.], the provisions of the Emergency Low Income Housing Preservation Act of 1987, or the Multifamily Assisted Housing Reform and Affordability Act of 1997.

(b)

Rights of tenants

The Secretary shall assure that—

(1)

where the Secretary’s written approval is required with respect to an owner’s request for rent increase, conversion of residential rental units to any other use (including commercial use or use as a unit in any condominium or cooperative project), partial release of security, or major physical alterations or where the Secretary proposes to sell a mortgage secured by a multifamily housing project, tenants have adequate notice of, reasonable access to relevant information about, and an opportunity to comment on such actions (and in the case of a project owned by the Secretary, any proposed disposition of the project) and that such comments are taken into consideration by the Secretary;

(2)

project owners not interfere with the efforts of tenants to obtain rent subsidies or other public assistance;

(3)

leases approved by the Secretary provide that tenants may not be evicted without good cause or without adequate notice of the reasons therefor and do not contain unreasonable terms and conditions; and

(4)

project owners do not impede the reasonable efforts of resident tenant organizations to represent their members or the reasonable efforts of tenants to organize.

(c)

Regulations

October 31, 1978The Secretary shall promulgate regulations to carry out the provisions of this section not later than 90 days after .

Pub. L. 95–557, title II, § 202Oct. 31, 197892 Stat. 2088 Pub. L. 97–35, title III, § 329FAug. 13, 198195 Stat. 410 Pub. L. 100–242, title I, § 183(a)Feb. 5, 1988101 Stat. 1872 Pub. L. 105–276, title V, § 599(a)Oct. 21, 1998112 Stat. 2660(, , ; , , ; , (b), , ; , , .)

Editorial Notes

References in Text

Pub. L. 100–242Feb. 5, 1988101 Stat. 1877 section 4101 of this titleThe Low-Income Housing Preservation and Resident Homeownership Act of 1990, referred to in subsec. (a), is title II of , , , which is classified principally to chapter 42 (§ 4101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 100–242Feb. 5, 1988101 Stat. 1877 Pub. L. 101–625lsection 1715z–6 of this title Pub. L. 101–625 section 1715z–15 of this title Pub. L. 100–242 Pub. L. 102–550 section 4101 of this titleThe Emergency Low Income Housing Preservation Act of 1987, referred to in subsec. (a), is title II of , , , which, as amended by , is known as the Low-Income Housing Preservation and Resident Homeownership Act of 1990. Subtitles A and B of title II, which were formerly set out as a note under section 1715 of this title and which amended , were amended generally by and are classified to subchapter I (§ 4101 et seq.) of chapter 42 of this title. Subtitles C and D of title II amended and sections 1437f, 1472, 1485, and 1487 of Title 42, The Public Health and Welfare. Another subtitle C of title II of , as added by , is classified generally to subchapter II (§ 4141 et seq.) of chapter 42 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 105–65Oct. 27, 1997111 Stat. 1384 section 1701 of this titleThe Multifamily Assisted Housing Reform and Affordability Act of 1997, referred to in subsec. (a), is title V of , , . For complete classification of this Act to the Code, see Short Title of 1997 Amendment note set out under and Tables.

Codification

This section was enacted as part of the Housing and Community Development Amendments of 1978, and not as part of the National Housing Act which comprises this chapter.

Amendments

Pub. L. 105–276 section 1437f of title 421998—Subsec. (a). inserted before period at end “, or a project which receives project-based assistance under or enhanced vouchers under the Low-Income Housing Preservation and Resident Homeownership Act of 1990, the provisions of the Emergency Low Income Housing Preservation Act of 1987, or the Multifamily Assisted Housing Reform and Affordability Act of 1997”.

Pub. L. 100–242, § 183(a)section 1701q of this title1988—Subsec. (a). , inserted reference to .

Pub. L. 100–242, § 183(b)Subsec. (b)(1). , substituted “or where the Secretary proposes to sell a mortgage secured by a multifamily housing project” for “and the Secretary deems it appropriate”.

Pub. L. 97–351981—Subsec. (b)(1). substituted provisions relating to request by the owner for rent increases, etc., for provisions relating to action by the owner.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–276, title V, § 599(b)Oct. 21, 1998112 Stat. 2660

Oct. 21, 1998“The amendment made by this section [amending this section] is made on, and shall apply beginning upon, the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–35Oct. 1, 1981section 371 of Pub. L. 97–35 section 3701 of this titleAmendment by effective , see , set out as an Effective Date note under .