---
kind: "section"
citation: "25 U.S.C. § 4233"
title: "25"
title_heading: "Indians"
number: "4233"
heading: "Lease requirements and tenant selection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/4233"
units:
  - "Chapter 43 — Native American Housing Assistance and Self-Determination"
  - "Subchapter VIII — Housing Assistance for Native Hawaiians"
---

# §4233. Lease requirements and tenant selection

- (a) **Leases—** Except to the extent otherwise provided by or inconsistent with the laws of the [State](/usc/25/4103.md?p=21) of Hawaii, in renting dwelling units in [affordable housing](/usc/25/4103.md?p=2) assisted with grant amounts provided under this subchapter, the [Director](/usc/25/4221.md?p=2), owner, or manager shall use leases that—
  - (1) do not contain unreasonable terms and conditions;
  - (2) require the [Director](/usc/25/4221.md?p=2), owner, or manager to maintain the housing in compliance with applicable housing codes and quality standards;
  - (3) require the [Director](/usc/25/4221.md?p=2), owner, or manager to give adequate written notice of termination of the lease, which shall be the period of time required under applicable [State](/usc/25/4103.md?p=21) or local law;
  - (4) specify that, with respect to any notice of eviction or termination, notwithstanding any [State](/usc/25/4103.md?p=21) or local law, a resident shall be informed of the opportunity, before any hearing or trial, to examine any relevant documents, record, or regulations directly related to the eviction or termination;
  - (5) require that the [Director](/usc/25/4221.md?p=2), owner, or manager may not terminate the tenancy, during the term of the lease, except for serious or repeated violation of the terms and conditions of the lease, violation of applicable Federal, [State](/usc/25/4103.md?p=21), or local law, or for other good cause; and
  - (6) provide that the [Director](/usc/25/4221.md?p=2), 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 peaceful enjoyment of the premises by, other residents or employees of the [Department](/usc/25/4221.md?p=1), owner, or manager;
    - (B) threatens the health or safety of, or right to peaceful enjoyment of their premises by, persons residing in the immediate vicinity of the premises; or
    - (C) is criminal activity (including [drug-related criminal activity](/usc/25/4103.md?p=3)) on or off the premises.
- (b) **Tenant or homebuyer selection—** As a condition to receiving grant amounts under this subchapter, the [Director](/usc/25/4221.md?p=2) shall adopt and use written tenant and homebuyer selection policies and criteria that—
  - (1) are consistent with the purpose of providing housing for [low-income families](/usc/25/4103.md?p=14);
  - (2) are reasonably related to program eligibility and the ability of the applicant to perform the obligations of the lease; and
  - (3) provide for—
    - (A) the selection of tenants and homebuyers from a written waiting [list](/usc/25/5130.md?p=3) in accordance with the policies and goals set forth in an applicable [housing plan](/usc/25/4221.md?p=7) approved under [section 4223 of this title](/usc/25/4223.md); and
    - (B) the prompt notification in writing of any rejected applicant of the grounds for that rejection.

## Source credit

(Pub. L. 104–330, title VIII, § 814, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2889, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2983.)

## Notes

### Editorial Notes

### Codification

Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 814 of Pub. L. 104–330. This section is based on the text of section 814 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.