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Federal Section 8 Termination Notice Statute

(42 USC Sec. 1437f(c)(8), as amended 10/20/99):

(8)(A) Not less than one year before termination of any contract under which
assistance payments are received under this section, other than a contract for
tenant-based assistance under this section, an owner shall provide written
notice to the Secretary and the tenants involved of the proposed termination.
The notice shall also include a statement that, if the Congress makes funds
available, the owner and the Secretary may agree to a renewal of the contract,
thus avoiding termination, and that in the event of termination the Department
of Housing and Urban Development will provide tenant-based rental assistance
to all eligible residents, enabling them to choose the place they wish to rent,
which is likely to include the dwelling unit in which they currently reside. Any
contract covered by this paragraph that is renewed may be renewed for a period
of up to 1 year or any number or years, with payments subject to the availability
of appropriations for any year.
(B) In the event the owner does not provide the notice required, the owner may
not evict the tenants or increase the tenants' rent payment until such time as the
owner has provided the notice and 1 year has elapsed. The Secretary may allow
the owner to renew the terminating contract for a period of time sufficient to
give tenants 1 year of advance notice under such terms and conditions as the
Secretary may require.
(C) Any notice under this paragraph shall also comply with any additional
requirements established by the Secretary.
(D) For purposes of this paragraph, the term "termination" means the expiration
of the assistance contract or an owner's refusal to renew the assistance contract,
and such term shall include termination of the contract for business reasons.
(E) Redesignated (D)
(9) Redesignated (8)
(10) Repealed. Pub.L. 105-276, Title V, ยง 549(a)(1)(A), Oct. 21, 1998, 112 Stat.

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