25 U.S.C. § 4136 — Untitled legal text

Page 648 TITLE 25—INDIANS § 4135 (1) the discretion to use grant amounts for affordable housing activities through equity investments, interest-bearing loans or ad- vances, noninterest-bearing loans or advances, interest subsidies, leveraging of private in- vestments, or any other form of assistance that the Secretary has determined to be con- sistent with the purposes of this chapter; and (2) the right to establish the terms of assist- ance. (b) Investments A recipient may invest grant amounts for the purposes of carrying out affordable housing ac- tivities in investment securities and other obli- gations as approved by the Secretary. (Pub. L. 104–330, title II, § 204, Oct. 26, 1996, 110 Stat. 4033.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title. § 4135. Low-income requirement and income tar- geting (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; (B) in the case of a contract to purchase existing housing, is made available for pur- chase only by a family that is a low-income family at the time of purchase; (C) in the case of a lease-purchase agree- ment for existing housing or for housing to be constructed, is made available for lease- purchase only by a family that is a low-in- come family at the time the agreement is entered into; and (D) in the case of a contract to purchase housing to be constructed, is made available for purchase only by a family that is a low- income family at the time the contract is entered into; 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 af- fordable, according to binding commitments satisfactory to the Secretary, for the remain- ing 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 deter- mines is the longest feasible period of time consistent with sound economics and the pur- poses of this chapter, except upon a fore- closure 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 low- income affordability restrictions, as deter- mined by the Secretary. (b) Exception Notwithstanding subsection (a), housing as- sisted pursuant to section 4131(b)(2) of this title shall be considered affordable housing for pur- poses of this chapter. (c) Applicability The provisions of paragraph (2) of subsection (a) regarding binding commitments for the re- maining useful life of property shall not apply to a family or household member who subse- quently takes ownership of a homeownership unit. (Pub. L. 104–330, title II, § 205, Oct. 26, 1996, 110 Stat. 4033; Pub. L. 105–276, title V, § 595(e)(8), Oct. 21, 1998, 112 Stat. 2657; Pub. L. 110–411, title II, § 204, Oct. 14, 2008, 122 Stat. 4326.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native Amer- ican 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. 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, re- ferred to in subsec. (a)(2), as Oct. 1, 1997, except as oth- erwise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of this title. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–411 added subsec. (c). 1998—Subsec. (a)(1)(B) to (D). Pub. L. 105–276 added subpars. (B) to (D) and struck out former subpar. (B) which read as follows: ‘‘in the case of housing for home- ownership, is made available for purchase only by a family that is a low-income family at the time of pur- chase; and’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title. § 4136. Repealed. Pub. L. 106–568, title X, § 1003(k)(2), Dec. 27, 2000, 114 Stat. 2930; Pub. L. 106–569, title V, § 503(j)(2), Dec. 27, 2000, 114 Stat. 2966 Section, Pub. L. 104–330, title II, § 206, Oct. 26, 1996, 110 Stat. 4034; Pub. L. 105–276, title V, § 595(a), Oct. 21, 1998, Page 649 TITLE 25—INDIANS § 4138 112 Stat. 2656, related to certification of compliance with subsidy layering requirements. § 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 main- tain the housing in compliance with applicable housing codes and quality standards; (3) require the owner or manager to give ade- quate written notice of termination of the lease, which shall be the period of time re- quired 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 doc- uments, records, or regulations directly re- lated 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 viola- tion 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 mem- ber 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 prem- ises by, persons residing in the immediate vicinity of the premises; or (C) is criminal activity (including drug-re- lated criminal activity) on or off the prem- ises. (b) Tenant and homebuyer selection The owner or manager of affordable rental housing assisted with grant amounts provided under this chapter shall adopt and utilize writ- ten tenant and homebuyer selection policies and criteria that— (1) are consistent with the purpose of pro- viding housing for low-income families; (2) are reasonably related to program eligi- bility and the ability of the applicant to per- form the obligations of the lease; and (3) provide for— (A) the selection of tenants and home- buyers from a written waiting list in accord- ance 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 Notes REFERENCES 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 As- sistance and Self-Determination Act of 1996. For com- plete 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), sub- stituted ‘‘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 Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title. § 4138. Availability of records (a) Provision of information Notwithstanding any other provision of law, except as provided in subsection (b), the Na- tional Crime Information Center, police depart- ments, and other law enforcement agencies shall, upon request, provide information to In- dian tribes or tribally designated housing enti- ties regarding the criminal conviction records of applicants for employment, and of adult appli- cants for, or tenants of, housing assisted with grant amounts provided to such tribe or entity under this chapter for purposes of applicant screening, lease enforcement, and eviction. (b) Exception A law enforcement agency described in sub- section (a) shall provide information under this paragraph relating to any criminal conviction of a juvenile only to the extent that the release of such information is authorized under the law of the applicable State, tribe, or locality. (c) Confidentiality An Indian tribe or tribally designated housing entity receiving information under this section may use such information only for the purposes provided in this section and such information may not be disclosed to any person who is not an officer, employee, or authorized representa- tive of the tribe or entity or the owner of hous- ing assisted under this chapter, and who has a job-related need to have access to the informa- tion for the purposes under this section. For ju- dicial eviction proceedings, disclosures may be made to the extent necessary. The Secretary shall, by regulation, establish procedures nec- essary to ensure that information provided under this section to any tribe or entity is used,