Page:United States Statutes at Large Volume 112 Part 3.djvu/769

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PUBLIC LAW 105-276—OCT. 21, 1998 112 STAT. 2599 pursuant to an opportunity for public comment as provided under section 5A(f) and under the requirements applicable to the comprehensive housing affordability strategy for the relevant jurisdiction. "(B) SELECTION OF TENANTS.— Each housing assistance payment contract entered into by the public housing agency and the owner of a dwelling unit) shall provide that the screening and selection of families for those units shall be the function of the owner. In addition, the public housing agency may elect to screen applicants for the program in accordance with such requirements as the Secretary may establish. "(C) PHA DISAPPROVAL OF OWNERS. —In addition to other grounds authorized by the Secretary, a public housing agency may elect not to enter into a housing assistance pa5mients contract under this subsection with an owner who refuses, or has a history of refusing, to take action to terminate tenancy for activity engaged in by the tenant, any member of the tenant's household, any guest, or any other person under the control of any member of the household that— "(i) threatens the health or safety of, or right to peaceful enjojment of the premises by, other tenants or employees of the public housing agency, owner, or other manager of the housing; "(ii) threatens the health or safety of, or right to peaceful enjoyment of the residences by, persons residing in the immediate vicinity of the premises; or "(iii) is drug-related or violent criminal activity. "(7) LEASES AND TENANCY. —Each housing assistance pay- ment contract entered into by the public housing agency and the owner of a dwelling unit— "(A) shall provide that the lease between the tenant and the owner shall be for a term of not less than 1 year, except that the public housing agency may approve a shorter term for an initial lease between the tenant and the dwelling unit owner if the public housing agency determines that such shorter term would improve housing opportunities for the tenant and if such shorter term is considered to be a prevailing local market practice; "(B) shall provide that the dwelling unit owner shall offer leases to tenants assisted under this subsection that— "(i) are in a standard form used in the locality by the dwelling unit owner; and "(ii) contain terms and conditions that— "(I) are consistent with State and local law; and "(II) apply generally to tenants in the property who are not assisted under this section; "(C) shall provide that during the term of the lease, the owner shall not terminate the tenancy 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; "(D) shall provide that during the term of the lease, any criminal activity that threatens the health, safety, 59-194O-96 - 25:QL3Part3