§ 157-29. Rentals; tenant selections; and summary ejectments. - North Carolina Statutes

§ 157‑29.  Rentals;tenant selections; and summary ejectments.

(a)        It is herebydeclared to be the policy of this State that each housing authority shallmanage and operate its housing projects in an efficient manner so as to enableit to fix the cost of dwelling accommodations for persons of low income at thelowest possible rates consistent with its providing decent, safe, and sanitarydwelling accommodations. No housing authority may construct or operate itshousing projects so as to provide revenues for other activities of the city.

(b)        In the operation ormanagement of housing projects, portions of projects, or other housingassistance programs for persons of low income, an authority shall at all timesobserve the following duties with respect to rentals and tenant selection:

(1)        It may rent or leasedwelling accommodations set aside for persons of low income only to persons wholack the amount of income that is necessary (as determined by the housingauthority undertaking the project) to enable them, without financialassistance, to live in decent, safe, and sanitary dwellings, withoutovercrowding; and

(2)        It may rent or leasedwelling accommodations to persons of low income only at rentals within thefinancial reach of such persons.

(3)        Repealed by SessionLaws 2006‑219, s. 1, effective August 8, 2006.

(3a)      It shall comply withthe following targeting requirements:

a.         Not less than fortypercent (40%) of the families admitted to its public housing program from itswaiting list in its fiscal year shall be extremely low‑income familieswith incomes at or below thirty percent (30%) of the area median income. Forpurposes of this section, this shall be known as the "basic targetingrequirement".

b.         To the extentprovided in sub‑subdivisions c. and d. of this subdivision, the admissionof extremely low‑income families to its  Section 8 voucher program duringthe same fiscal year shall be credited against the basic targeting requirement.For purposes of this section, "Section 8" refers to Section 8 of theU.S. Housing Act of 1937 as amended.

c.         If admissions ofextremely low‑income families to its Section 8 voucher program during itsfiscal year  exceed the seventy‑five percent (75%) minimum targetingrequirement for its Section 8 voucher program, the excess shall be creditedagainst its basic targeting requirement for the same fiscal year.

d.         The fiscal yearcredit for Section 8 voucher program admissions that exceeded the minimumSection 8 voucher program targeting requirement shall not exceed the lower ofany of the following:

1.         Ten percent (10%) ofits waiting list admissions during its fiscal year.

2.         Ten percent (10%) ofwaiting list admissions to its Section 8 tenant‑based assistance programduring its fiscal year.

3.         The number ofqualifying low‑income families who, during the fiscal year, commenceoccupancy of its public housing units that are located in census tracts with apoverty rate of thirty percent (30%) or more. For purposes of this sub‑sub‑subdivision,qualifying low‑income family means a low‑income family other thanan extremely low‑income family.

(4)        Repealed by SessionLaws 2006‑219, s. 1, effective August 8, 2006.

(4a)      Its targetingrequirement for tenant‑based assistance shall ensure that not less thanseventy‑five percent (75%) of the families admitted to its tenant‑basedvoucher program from its waiting list during its fiscal year shall be extremelylow‑income families with incomes at or below thirty percent (30%) of thearea median income.

(c)        An authority mayterminate or refuse to renew a rental agreement for a serious or repeatedviolation of a material term of the rental agreement such as (i) failure tomake payments due under the rental agreement, if such payments were properlyand promptly calculated according to applicable HUD regulation, whether or notsuch failure was the fault of the tenant, (ii) failure to fulfill the tenantobligations set forth in 24 C.F.R. Section 966.4(f) or other applicableprovisions of federal law as they may be amended from time to time, or (iii)other good cause. Except in the case of failure to make payments due under arental agreement, fault on the part of a tenant may be considered indetermining whether good cause exists to terminate a rental agreement.

(d)        The receipt oracceptance of rent by an authority, with or without knowledge of a priordefault or failure by the tenant under a rental agreement, shall not constitutea waiver of that default or failure unless (i) the authority expressly agreesto such waiver in writing, or (ii) within 120 days after obtaining knowledge ofthe default or failure, the authority fails either to notify the tenant that aviolation of the rental agreement has occurred or to exercise one of theauthority's remedies for such violation.

(e)        In any summaryejectment action wherein a housing authority alleges that a tenant's lease hasbeen terminated because the tenant, a household member, or a guest has engagedin a criminal activity that threatens the health and safety of others or thepeaceful enjoyment of the premises by others, or has engaged in activityinvolving illegal drugs, as defined in 24 C.F.R. § 966.4, the housing authoritymay bring an action under Article 7 of Chapter 42 of the General Statutes. (1939, c. 150; 1985, c. 741,s. 2; 1987, c. 464, s. 5; 1989, c. 272; 1995, c. 520, s. 1; 1997‑473, s.1; 2005‑423, s. 8; 2006‑219, s. 1; 2006‑259, s. 39.)