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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): 11.2.4.2.14 Violation of Community Service Requirements
For public housing only, a PHA can refuse to renew a lease for failure of a non-exempt family member to comply with properly promulgated and noticed community service or self-sufficiency requirements.494 Where annual reexamination demonstrates that a family member has not fulfilled the requirement for the prior year, the PHA must provide the tenant notice that:
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: Cal. Civ. Code §§ 1801 to 1812.20 (West) (Retail Installment Sales “Unruh” Act).
[Not to be confused with the “Unruh Civil Rights Act,” Cal. Civ. Code §§ 5153 (West)]
Consumer Credit Regulation: Cal. Civ. Code §§ 2981 to 2984.6 (West) (Automobile Sales Finance Act).
Scope: Sales of motor vehicles required to be registered that are bought for use primarily for personal or family purposes. Excludes mobile homes and any vehicles bought for use primarily for business or commercial purposes. § 2981(l).
Licensure requirements: None.
Consumer Credit Regulation: Colo. Rev. Stat. §§ 5-1-101 to 5-9.5-109 (Colorado Uniform Consumer Credit Code).
Scope: All creditors extending consumer credit except lessors and specified exclusions. § 5-1-107.
Licensure requirements: None.
Consumer Credit Regulation: Conn. Gen. Stat. §§ 36a-770 to 36a-788 (Retail Installment Sales Financing).
Scope: Installment sales of consumer goods and motor vehicles (having an aggregate cash price of $50,000 or less) and equipment. § 36a-770.
Licensure requirements: 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: Del. Code Ann. tit. 5, §§ 2901 to 2915 (Motor Vehicle Sales Finance Act).
Scope: Installment sales of motor vehicles. § 2901.
Licensure requirements: Sales finance companies must be licensed. § 2902.
Credit terms: Rate established by contract. § 2908.
Restrictions on points or prepaid interest: None.
Restrictions on length of term: 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: Fla. Stat. §§ 520.30 to 520.42 (Retail Installment Sales Act). See also Fla. Admin. Code Ann. r. 69V-60.001.
Scope: Goods purchased primarily for personal, family, or household use, but not including motor vehicles, and services for personal, family, or household use on goods and real property. Revolving credit. § 520.31.
Licensure requirements: Retail sellers engaging in retail installment transactions must be licensed.
Consumer Credit Regulation: Fla. Stat. §§ 520.01 to 520.14 (Motor Vehicle Retail Sales Finance Act).
Scope: Installment sales of motor vehicles. § 520.02.
Licensure requirements: Motor vehicle retail installment sellers engaging in retail installment transactions must be licensed.
Consumer Credit Regulation: Ga. Code Ann. §§ 10-1-1 to 10-1-16 (Retail Installment and Home Solicitation Sales Act).
Scope: Installment sales of goods (other than motor vehicles) and services for personal, family, or household use on goods, including delivery, installation, and repair. Revolving credit. § 10-1-2.
Licensure requirements: None.
Consumer Credit Regulation: Ga. Code Ann. §§ 10-1-30 to 10-1-42 (Motor Vehicle Sales Finance Act).
Scope: Installment sales of motor vehicles not principally for the purpose of resale. § 10-1-31.
Licensure requirements: None.
Consumer Credit Regulation: Haw. Rev. Stat. §§ 476-1 to 476-32 (Credit Sales Act).
Scope: Any agreement, including a conditional sale contract, a retail installment contract, or any other form of instrument evidencing an obligation to pay the price of goods (personal and not for resale), services (personal), or both, purchased in a credit sale.
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.