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HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.4.1.13 Other Considerations

Nonpayment cases may raise other issues and defenses discussed elsewhere in this Manual. An important one is reasonable accommodation. For instance, a landlord probably cannot deny an accommodation to adjust the rent due date for a tenant who relies on disability benefits.338 There may be procedural defenses, discussed infra § 11.3, which, if successful, may provide enough time for the tenant to cure a nonpayment. The landlord may be trying to withdraw from the subsidy program, as discussed infra § 11.2.4.5.8.

HUD Housing Programs: Tenants’ Rights (The Green Book): 11.2.4.2.13 Failure to Establish Citizenship or Eligible Immigration Status

Only U.S. citizens and specific categories of non-citizens are eligible for certain HUD subsidized housing programs, including public housing, all programs under Section 8 of the Housing Act of 1937, Section 236 housing, Rent Supplement housing, HODAG housing and Section 235 homeownership program.486 Families may face eviction if no member can establish citizenship or an eligible immigration status.487

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.