42 USC 12755 - Tenant and participant protections

U.S Code last checked for updates: Aug 11, 2026

§ 12755.

Tenant and participant protections

(a)

Lease

(b)

Termination of tenancy

(c)

Maintenance and replacement

(d)

Tenant selection

The owner of rental housing assisted under this subchapter 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 lease,

(3)

give reasonable consideration to the housing needs of families that would have a preference under section 1437d(c)(4)(A) of this title, and

(4)

provide for (A) the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable, and (B) the prompt notification in writing of any rejected applicant of the grounds for any rejection.

(e)

Exception

Paragraphs (2), (3), and (4) of subsection (d) shall not apply to housing under this section that meets the following criteria:

(1)

The housing is affordable housing with not more than 4 dwelling units, each of which is made available for rental.

(2)

Each dwelling unit in the housing bears rent in an amount that complies with the requirements described in paragraph (1)(A).1

 So in original.

(3)

Each dwelling unit in the housing is accompanied by a low-income family.

(4)

No dwelling in the housing is refused for leasing to a holder of a voucher under section 1437f of this title because of the status of the prospective tenant as a holder of that voucher.

(5)

The housing complies with the requirement described in paragraph (1)(E).¹

(6)

The participating jurisdiction in which the housing is located monitors the compliance of the housing with the requirements of this subchapter in a manner consistent with the purposes of section 12756(b) of this title, as determined by the Secretary.

(Pub. L. 101–625, title II, § 225, Nov. 28, 1990, 104 Stat. 4113; Pub. L. 114–113, div. L, title II, § 235, Dec. 18, 2015, 129 Stat. 2896; Pub. L. 119–101, title V, § 501(q), (v)(11), July 11, 2026, 140 Stat. 914, 918.)

cite as: 42 USC 12755