Sec. 455. YOUTHBUILD PROGRAM REQUIREMENTS
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## SEC. 455 YOUTHBUILD PROGRAM REQUIREMENTS **[**[42 U.S.C. 12899d](/us/usc/t42/s12899d)**]** ###
(a)Residential Rental Housing Each residential rental housing project receiving assistance under this subtitle shall meet the following requirements: ####
(1)Occupancy by low- and very low-income families In the project— #####
(A)at least 90 percent of the units shall be occupied, or available for occupancy, by individuals and families with incomes less than 60 percent of the area median income, adjusted for family size; and #####
(B)the remaining units shall be occupied, or available for occupancy, by low-income families. ####
(2)Tenant protections #####
(A)Lease The lease between a tenant and an owner of residential rental housing assisted under this subtitle shall be for not less than 1 year, unless otherwise mutually agreed to by 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 residential rental housing assisted under this title 50 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. 50So in law. Probably intended to refer to this subtitle. #####
(C)Maintenance and replacement The owner of residential rental housing assisted under this subtitle shall maintain the premises in compliance with all applicable housing quality standards and local code requirements. #####
(D)Tenant selection The owner of residential rental housing assisted under this subtitle shall adopt written tenant selection policies and criteria that— ######
(i)are consistent with the purpose of providing housing for very low-income and low-income families and individuals; ######
(ii)are reasonably related to program eligibility and the applicant's ability to perform the obligations of the lease; ######
(iii)give reasonable consideration to the housing needs of families that would qualify for a preference under any system of preferences established under section 6(c)(1) of the United States Housing Act of 1937; and ######
(iv)provide for
(I)the selection of tenants from a written waiting list in the chronological order of their application, to the extent practicable, and
(II)for the prompt notification in writing of any rejected applicant of the grounds for any rejection. ####
(3)Limitation on rental payments Tenants in each project shall not be required to pay rent in excess of the amount provided under section 3(a) of the United States Housing Act of 1937. ####
(4)Tenant participation plan For each project owned by a nonprofit organization, the organization shall provide a plan for and follow a program of tenant participation in management decisions. ####
(5)Prohibition against discrimination A unit in a project assisted under this subtitle may not be refused for leasing to a family holding tenant-based assistance under section 8 of the United States Housing Act of 1937 because of the status of the prospective tenant as a holder of such assistance. ###
(b)Transitional Housing Each transitional housing project receiving assistance under this subtitle shall adhere to the requirements regarding service delivery, housing standards, and rent limitations applicable to comparable housing receiving assistance under title IV of the Stewart B. McKinney Homeless Assistance Act 51. 51Public Law 106-400, enacted on October 30, 2000, renamed the Stewart B. McKinney Homeless Assistance Act as the McKinney-Vento Homeless Assistance Act. Section 2 of such Act (42 U.S.C. 11301 note) provides that “[a]ny reference in any law, regulation, document, paper, or other record of the United States to the Stewart B. McKinney Homeless Assistance Act shall be deemed to be a reference to the ‘McKinney-Vento Homeless Assistance Act’”. ###
(c)Limitations on Profits for Rental and Transitional Housing ####
(1)Monthly rental limitation The aggregate monthly rental for each eligible project may not exceed the operating costs of the project (including debt service, management, adequate reserves, and other operating costs) plus a 6 percent return on any equity investment of the project owner. ####
(2)Profit limitations on partners A nonprofit organization that receives assistance under this subtitle for a project shall agree to use any profit received from the operation, sale, or other disposition of the project for the purpose of providing housing for low- and moderate-income families. Profit-motivated partners in a nonprofit partnership may receive— #####
(A)not more than a 6 percent return on their equity investment from project operations; and #####
(B)upon disposition of the project, not more than an amount equal to their initial equity investment plus a return on that investment equal to the increase in the Consumer Price Index for the geographic location of the project since the time of the initial investment of such partner in the project. ###
(d)Homeownership Each homeownership project that receives assistance under this subtitle shall comply with the requirements of subtitle B or subtitle C of this title. ###
(e)Restrictions on Conveyance The ownership interest in a project that receives assistance under this subtitle may not be conveyed unless the instrument of conveyance requires a subsequent owner to comply with the same restrictions imposed upon the original owner. ###
(f)Conversion of Transitional Housing The Secretary may waive the requirements of subsection
(b)to permit the conversion of a transitional housing project to a permanent housing project only if such housing would meet the requirements for residential rental housing specified in this section. ###
(g)Period of Restrictions A project that receives assistance under this subtitle shall comply with the requirements of this section for the remaining useful life of the property.
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- 42 USC 12899d
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