---
kind: "section"
citation: "42 U.S.C. § 12755"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12755"
heading: "Tenant and participant protections"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12755"
units:
  - "Chapter 130 — National Affordable Housing"
  - "Subchapter II — Investment in Affordable Housing"
  - "Part A — HOME Investment Partnerships"
---

# §12755. Tenant and participant protections

- (a) **Lease—** The lease between a tenant and an [owner](/usc/42/13641.md?p=4) of affordable [housing](/usc/42/12704.md?p=8) assisted under this subchapter for rental shall be for not less than one year, unless by mutual agreement between the tenant and the [owner](/usc/42/13641.md?p=4), and shall contain such terms and conditions as the [Secretary](/usc/42/12704.md?p=16) shall determine to be appropriate.
- (b) **Termination of tenancy—** An [owner](/usc/42/13641.md?p=4) shall not terminate the tenancy or refuse to renew the lease of a tenant of rental [housing](/usc/42/12704.md?p=8) assisted under this subchapter except for serious or repeated [violation](/usc/42/2000e–16a.md?p=c) of the terms and conditions of the lease, for [violation](/usc/42/2000e–16a.md?p=c) of applicable Federal, [State](/usc/42/12704.md?p=2), 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](/usc/42/13641.md?p=4)’s service upon the tenant of a written notice specifying the grounds for the action. Such 30-day waiting period is not required if the grounds for the termination or refusal to renew involve a direct threat to the safety of the tenants or employees of the [housing](/usc/42/12704.md?p=8), or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with the requirements of [State](/usc/42/12704.md?p=2) or local law).
- (c) **Maintenance and replacement—** The [owner](/usc/42/13641.md?p=4) of rental [housing](/usc/42/12704.md?p=8) assisted under this subchapter shall maintain the premises in compliance with all applicable [housing](/usc/42/12704.md?p=8) quality standards and local code requirements.
- (d) **Tenant selection—** The [owner](/usc/42/13641.md?p=4) of rental [housing](/usc/42/12704.md?p=8) assisted under this subchapter shall adopt written tenant selection policies and criteria that—
  - (1) are consistent with the purpose of providing [housing](/usc/42/12704.md?p=8) for very low-income and [low-income families](/usc/42/12704.md?p=10),
  - (2) are reasonably related to program eligibility and the [applicant](/usc/42/12876.md?p=1)’s ability to perform the obligations of the lease,
  - (3) give reasonable consideration to the [housing](/usc/42/12704.md?p=8) needs of [families](/usc/42/12704.md?p=11) that would have a preference under [section 1437d(c)(4)(A) of this title](/usc/42/1437d.md?p=c-4-A), 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](/usc/42/12876.md?p=1) of the grounds for any rejection.
- (e) **Exception—** Paragraphs [(2)](#d-2), [(3)](#d-3), and [(4)](#d-4) of subsection (d) shall not apply to [housing](/usc/42/12704.md?p=8) under this section that meets the following criteria:
  - (1) The [housing](/usc/42/12704.md?p=8) is affordable [housing](/usc/42/12704.md?p=8) with not more than 4 dwelling units, each of which is made available for rental.
  - (2) Each dwelling unit in the [housing](/usc/42/12704.md?p=8) bears rent in an amount that complies with the requirements described in paragraph (1)(A).[^1]
  - (3) Each dwelling unit in the [housing](/usc/42/12704.md?p=8) is accompanied by a [low-income family](/usc/42/12876.md?p=6).
  - (4) No dwelling in the [housing](/usc/42/12704.md?p=8) is refused for leasing to a holder of a voucher under [section 1437f of this title](/usc/42/1437f.md) because of the status of the prospective tenant as a holder of that voucher.
  - (5) The [housing](/usc/42/12704.md?p=8) complies with the requirement described in paragraph (1)(E).[^1]
  - (6) The [participating jurisdiction](/usc/42/12704.md?p=4) in which the [housing](/usc/42/12704.md?p=8) is located monitors the compliance of the [housing](/usc/42/12704.md?p=8) with the requirements of this subchapter in a manner consistent with the purposes of [section 12756(b) of this title](/usc/42/12756.md?p=b), as determined by the [Secretary](/usc/42/12704.md?p=16).

## Footnotes

[^1]: So in original.

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

2026—Subsec. (d)(4)(B). Pub. L. 119–101, § 501(v)(11), struck out “for” before “the prompt”.

Subsec. (e). Pub. L. 119–101, § 501(q), added subsec. (e).

2015—Subsec. (b). Pub. L. 114–113 inserted at end “Such 30-day waiting period is not required if the grounds for the termination or refusal to renew involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with the requirements of State or local law).”