Common use of Tenant Selection Clause in Contracts

Tenant Selection. An owner of rent- al housing assisted with HTF funds must comply with the affirmative mar- keting requirements established by the grantee pursuant to § 93.350. The owner must adopt and follow written tenant selection policies and criteria that: (1) Limit the housing to income-eligi- ble families; (2) Are reasonably related to the ap- plicants’ ability to perform the obliga- tions of the lease (i.e., to pay the rent, not to damage the housing; not to interfere with the rights and quiet en- joyment of other tenants); (3) Limit eligibility or give a pref- erence to a particular segment of the population if permitted in its written agreement with the grantee (and only if the limitation or preference is de- scribed in the grantee’s consolidated plan). (i) Any limitation or preference must not violate nondiscrimination require- ments in § 93.350. A limitation or pref- erence does not violate nondiscrimina- tion requirements if the housing also receives funding from a Federal pro- gram that limits eligibility to a par- ticular segment of the population (e.g., the Housing Opportunity for Persons With AIDS program under 24 CFR part 574), and the limit or preference is tai- lored to serve that segment of the pop- ulation. (ii) If a project does not receive fund- ing from a Federal program that limits eligibility to a particular segment of the population, the project may have a limitation or preference for persons with disabilities who need services of- fered at a project only if: (A) The limitation or preference is limited to the population of families (including individuals) with disabilities that significantly interfere with their ability to obtain and maintain housing; (B) Such families will not be able to obtain or maintain themselves in hous- ing without appropriate supportive services; and (C) Such services cannot be provided in a nonsegregated setting. The fami- lies must not be required to accept the services offered at the project. In ad- vertising the project, the owner may advertise the project as offering serv- ices for a particular type of disability; however, the project must be open to