Good Cause Eviction and the Low Income Housing Tax Credit

The Low Income Housing Tax Credit (LIHTC) was enacted as part of the shift toward localized and privatized federal social programs that occurred during the Reagan Administration. One might have expected the LIHTC to embody another common feature of privatization, the reduction of federal regulation....

Full description

Saved in:
Bibliographic Details
Published in:The University of Chicago law review 2000-04, Vol.67 (2), p.521-546
Main Author: Jolin, Marc
Format: Article
Language:English
Subjects:
Affordable housing
Comments
Credit
Due process of law
Evictions
Federal government
Federal regulation
Good cause
Households
Housing
Housing developments
Law
Leases
Low income
Low income groups
Low income housing credit
Privatization
Public housing
Regulation
Rentals
State court decisions
Statutory law
Subsidies
Tax credits
Taxation
Tenants
United States
Urban development
Citations: Items that cite this one
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:The Low Income Housing Tax Credit (LIHTC) was enacted as part of the shift toward localized and privatized federal social programs that occurred during the Reagan Administration. One might have expected the LIHTC to embody another common feature of privatization, the reduction of federal regulation. This Comment argues, however, that this expectation is unsupported, at least with respect to federally mandated good cause eviction protection. Good cause eviction protection is a well established feature of federal low-income housing programs created under the United States Housing Act and administered by HUD. Good cause eviction requires a landlord to renew a tenant's lease unless she can demonstrate a legally adequate reason why the tenant should be evicted. A careful reading of IRC Section 42 demonstrates that since 1990, in order to receive a tax credit, a landlord is required to place a restrictive convenant on her property that guarantees that tenants in her LIHTC subsidized units will not be evicted except for good cause.
ISSN:0041-9494
1939-859X
DOI:10.2307/1600495