Page:United States Statutes at Large Volume 104 Part 5.djvu/791

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PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4113 (1) prevent withdrawals from the participating jurisdiction's HOME Investment Trust Fund for activities affected by such failure to comply; (2) restrict the participating jurisdiction's activities under this title to activities that conform to one or more model programs made available under section 213; or (3) remove the participating jurisdiction from participation in allocations or reallocations of funds made available under this subtitle. SEC. 224. LIMITATION ON JURISDICTIONS UNDER COURT ORDER (a) IN GENERAL,—Notwithstanding any other provision of this Act, the Secretary shall ensure that funds provided under this subtitle are not employed to carry out housing remedies or to pay fines, penalties, or costs associated with an action in which— (1) a participating jurisdiction has been adjudicated, by a Federal, State, or local court, to be in violation of title VI of the Civil Rights Act of 1964, the Fair Housing Act, or any other Federal, State, or local law promoting fair housing or prohibiting discrimination, or (2) a settlement has been entered into in any case where claims of such violations have been asserted against a participating jurisdiction, except to the extent permitted by subsection (b). (b) REMEDIAL USE OF FUNDS PERMITTED.— In the case of settlement described in subsection (a)(2), a jurisdiction may use funds provided under this Act to carry out housing remedies with eligible activities. SEC. 225. TENANT AND PARTICIPANT PROTECTIONS. (a) LEASE.— The lease between a tenant and an owner of affordable housing assisted under this title 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 title 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. (c) MAINTENANCE AND REPLACEMENT. —The owner of rental housing Eissisted under this title shall maintain the premises in compliance with all applicable housing quality standards and local code requirements. (d) TENANT SELECTION.—The owner of rental housing assisted under this title 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 lesise, (3) give reasonable consideration to the housing needs of families that would have a preference under section 6(c)(4)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437d(c)(4)(A)), and 42 USC 12754. 42 USC 12755.