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HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.4.6.13 Exclusion of Offending Household Member

The regulations permit a PHA or landlord to continue assistance for family members who were not responsible for a violation, so long as they exclude offending family members from the residence.812 Courts have overturned evictions in cases where PHAs pursued eviction of innocent family members instead of asking the family to exclude the culpable party.813 Note, however, that a family could face eviction in the future for failing to comply with an agreement to exclud

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.4.6.14 Protecting Tenants at Foreclosure Act

Section 8 Voucher tenants may face eviction during the term of their lease when the owner defaults on the note and the lien holder forecloses and sells the property. Before 2009, the effect of mortgage foreclosure on tenants was governed by state law. The common law in many states provided that, in the event of a foreclosure, any outstanding leases executed after the secured lien automatically terminated,815 although actual or constructive notice of the tenant’s leasehold might have affected the result.

Consumer Credit Regulation: Ala. Code §§ 5-19-1 to 5-19-33 (Consumer Credit Transactions Law “Mini-Code”).

Scope: Credit transactions in which the party to whom credit is extended is a natural person and the money, property, or services are primarily for personal, family, or household purposes. Some lease transactions. Non-consumer transactions of less than $2,000 are subject to Act’s finance charge limits only. § 5-19-1. Note that the Mini-Code is broader in scope than most state RISAs and is applicable to a wide range of consumer credit transactions.

Consumer Credit Regulation: Alaska Stat. §§ 45.10.010 to 45.10.230 (Retail Installment Sales Act).

Scope: Installment sales of goods or services for personal use from a retail seller under an installment contract or charge agreement including repairs or improvements of real property, but not services of a professional licensed by the state, or some services for which the price is determined or approved by a governmental entity. § 45.10.220

Licensure requirements: None.

Credit terms: The rate agreed upon by the retail seller and the buyer. § 45.10.120.

Restrictions on points or prepaid interest: None.

Consumer Credit Regulation: Ariz. Rev. Stat. Ann. §§ 44-6001 to 44-6006 (Retail Installment Sales Transactions).

Scope: Installment sales of tangible chattels, except motor vehicles, money, things in action, or intangible personal property. Includes fixtures and merchandise certificates or coupons issued by a retail seller that are not redeemable in cash and to be used in the face amount instead of cash for goods or services sold by such seller. Revolving credit. Services. § 44-6001.

Licensure requirements: None.

Credit terms: Rate set by contract. § 44-6002.

Restrictions on points or prepaid interest: None.

Consumer Credit Regulation: Ariz. Rev. Stat. Ann. §§ 44-281 to 44-295 (Motor Vehicle Time Sales Disclosure Act).

Scope: Motor vehicle sales. § 44-281.

Licensure requirements: License required by dealer and any persons to whom dealer sells or transfers any contract. § 44-282(A).

Credit terms: Rate set by contract. § 44-291(A). However, maximum finance rates apply for secondary (non-purchase money) motor vehicle retail installment contracts. § 44-291(G).

Restrictions on points or prepaid interest: None.

Restrictions on length of term: None.

Consumer Credit Regulation: Del. Code Ann. tit. 6, §§ 4301 to 4351 (Retail Installment Sales Act).

Scope: Installment sales of goods for personal, family, or household use or furnishing of services (not commercial or business use). Revolving credit. § 4301. Act does not apply to any retail installment sale made for a cash sale price of $75 or less where no title, lien, or other security interest is taken by the seller. § 4302.

Licensure requirements: None.

Credit terms: Rate established by contract. § 4315.

Restrictions on points or prepaid interest: None.

Consumer Credit Regulation: D.C. Code §§ 28-3801 to 28-3819. See also D.C. Mun. Regs. tit. 16, §§ 100 to 199.

Scope: Consumer credit sales, defined as sale of goods or services for personal, family, household, or agricultural purposes in which seller/creditor regularly engages in such transactions, buyer is natural person, debt is payable in installments or a finance charge is imposed, and amount financed does not exceed $25,000. Some provisions apply to direct installment loans. §§ 28-3801, 28-3802.

Licensure requirements: None.

Credit terms: No restrictions on rate.

Consumer Credit Regulation: D.C. Code §§ 50-601 to 50-610 (Installment Sales of Motor Vehicles Act). See also D.C. Mun. Regs. tit. 16, §§ 320 to 346.

Scope: Installment sales of motor vehicles (automobile, mobile home, motorcycle, truck, truck tractor, trailer, semi-trailer, or bus). § 50-601.

Licensure requirements: According to D.C. Code § 47-2851.03a(j), there is no longer a separate licensure category for motor vehicle dealers. Section 50-603 gives the D.C. Council the authority to require licensed dealers and persons licensed to purchase vehicle installment contracts to be bonded.

Consumer Credit Regulation: Idaho Code §§ 28-41-101 to 28-49-107 (Credit Code).

Scope: Sellers of goods or services, small loan companies, licensed lenders, finance companies, sales finance companies, industrial banks and loan companies, and commercial banks. § 28-41-107.

Licensure requirements: None.

Credit terms: Rate established by agreement of the parties. § 28-42-201.

Restrictions on points or prepaid interest: None.

Restrictions on length of term: None.

Consumer Credit Regulation: 815 Ill. Comp. Stat. 405/1 to 405/33.1 (Retail Installment Sales Act).

Scope: Installment sales of goods (including manufactured homes that are not real property, but not including motor vehicles) used or purchased primarily for personal purposes and services of any kind rendered or furnished by a retail seller for a use other than in business (including farming or a profession) under an installment sales contract or charge agreement. 405/2.1 and 405/2.2.

Licensure requirements: None.

Truth in Lending: 11.5 Declaratory and Injunctive Relief

11.5.1 Availability of Declaratory and Injunctive Relief

Injunctive and declaratory relief are not specifically mentioned in TILA, but a number of courts have found such relief available.434 District courts have inherent power to issue equitable relief. In Califano v.

Truth in Lending: 11.9 TILA Class Actions

11.9.1 Background

The Truth in Lending Act explicitly provides for class action relief, comprised of actual damages, statutory damages, and attorney fees.1132 Many Truth in Lending Act violations are unusually well-suited to class action treatment. Violations are often apparent on the face of the written documents and typically are identical for each class member. Proof of reliance, intent, or actual injury is unnecessary in many cases. Statutory damages are available so that individual actual damages need not be proven.