Page:United States Statutes at Large Volume 110 Part 6.djvu/212

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110 STAT. 4034 PUBLIC LAW 104-330—OCT. 26, 1996 determines is the longest feasible period of time consistent with sound economics and the purposes of this Act, except upon a foreclosiu*e 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 determined by the Secretary. (b) EXCEPTION. — Notwithstanding subsection (a), housing assisted pursuant to section 201(b)(2) shall be considered affordable housing for purposes of this Act. 25 USC 4136. SEC. 206. CERTIFICATION OF COMPLIANCE WITH SUBSIDY LAYERING REQUIREMENTS. With respect to housing assisted with grant amounts provided under this Act, the requirements of section 102(d) of the Department of Housing and Urban Development Reform Act of 1989 shall be considered to be satisfied upon certification by the Secretary that the combination of Federal assistance provided to suiy housing Eroject is not any more than is necessary to provide affordable ousing, 25 USC 4137. SEC. 207. 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 Act, 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 peacefiiil enj oyment 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 enjo3anent of their premises by, persons residing in the immediate vicinity of the premises; or