First withdrawal notice to department and local government.

Checkout our iOS App for a better way to browser and research.


(a) A contract term will expire, permitting the owner to withdraw the participating property from publicly supported housing or limit affordability restrictions on the property; or

(b) The owner intends to withdraw the participating property from publicly supported housing.

(2) The property owner shall deliver a second notice to each entity entitled to notice under subsection (1) of this section, no sooner than 30 months prior and at least 24 months prior to the withdrawal of the participating property from publicly supported housing, including by an expiration of a contract term.

(3) If a notice is not delivered timely, the property owner shall extend the affordability restriction on the participating property until no earlier than the latter of the date that is 30 months after delivery of the notice under subsection (1) of this section or 24 months after delivery of the notice under subsection (2) of this section and provide notice of the extension to the Housing and Community Services Department and each local government that is entitled to notice under this section.

(4) A local government may:

(a) Establish and impose any fine, penalty, tax, fee, charge or assessment upon the owner of participating property for failure to comply with local regulations adopted to implement the provisions of subsection (1) or (2) of this section.

(b) Require an owner to refrain from disturbing tenancies, other than for cause as defined in the contract, for a period of not more than 180 days after expiration of the contract or withdrawal of the participating property from publicly supported housing if the local government pays, or arranges for payment, to the owner on the first day of each month, the monthly subsidy that the owner was receiving under the contract.

(c) Make application to the Housing and Community Services Department requesting that a local subsidy program be included in the definition of publicly supported housing, as long as the program otherwise complies with and is not excluded from the definition of publicly supported housing.

(5) Any notices delivered under subsection (1) or (2) of this section must specify whether the owner:

(a) Intends to withdraw the participating property from publicly supported housing.

(b) Intends to convert the participating property to a nonparticipating use.

(c) Is involved in negotiations with the United States Department of Housing and Urban Development, the Housing and Community Services Department or any other individual or entity regarding an extension of an expiring contract. [1999 c.275 §3; 2017 c.608 §3; 2019 c.571 §4; 2021 c.56 §3]

Note: See notes under 456.250.


Download our app to see the most-to-date content.