I 

111TH CONGRESS 

2D SESSION H. R. 5814 

To transform neighborhoods of extreme poverty by revitalizing distressed 

housing, to reform public housing demolition and disposition rules to 

require one for one replacement and tenant protections, to provide public 

housing agencies with additional resources and flexibility to preserve 

public housing units, and to create a pilot program to train public 

housing residents to provide home-based health services. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2010 

Ms. WATERS (for herself, Mr. FRANK of Massachusetts, and Ms. VELA ́ZQUEZ) 

introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To transform neighborhoods of extreme poverty by revitalizing distressed housing, to reform public housing demolition and disposition rules to require one for one replacement and tenant protections, to provide public housing 

agencies with additional resources and flexibility to preserve public housing units, and to create a pilot program 

to train public housing residents to provide home-based 

health services. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Public Housing Reinvestment and Tenant Protection Act 

4 of 2010’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title and table of contents. 

TITLE I—CHOICE NEIGHBORHOODS INITIATIVE 

Sec. 101. Short title. 

Sec. 102. Findings and purposes. 

Sec. 103. Grant authority. 

Sec. 104. Eligible entities. 

Sec. 105. Eligible neighborhoods. 

Sec. 106. Authorized activities. 

Sec. 107. Submission and selection of transformation plans. 

Sec. 108. Right of residents to return; relocation. 

Sec. 109. One-for-one replacement of public and assisted housing dwelling 

units. 

Sec. 110. Other program requirements. 

Sec. 111. Demolition and disposition. 

Sec. 112. Phase-specific underwriting. 

Sec. 113. Administration by other entities. 

Sec. 114. Withdrawal of funding. 

Sec. 115. Annual report; public availability of grant information. 

Sec. 116. Definitions. 

Sec. 117. Funding. 

Sec. 118. Regulations. 

TITLE II—PUBLIC HOUSING ONE-FOR-ONE REPLACEMENT AND 

TENANT PROTECTION 

Sec. 201. Short title. 

Sec. 202. Demolition and disposition of public housing. 

Sec. 203. Authority to convert public housing to vouchers. 

Sec. 204. Required conversion of distressed public housing to tenant-based assistance. 

Sec. 205. Regulations. 

TITLE III—PUBLIC HOUSING PRESERVATION AND 

REHABILITATION 

Sec. 301. Short title. 

Sec. 302. Leveraging of other assistance. 

Sec. 303. Capital Fund flexibility. 

Sec. 304. Grants for conversion of public housing projects to assisted living facilities. 


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TITLE IV—PILOT PROGRAM TO TRAIN PUBLIC HOUSING 

RESIDENTS TO PROVIDE HOME-BASED HEALTH SERVICES 

Sec. 401. Short title. 

Sec. 402. Findings and purpose. 

Sec. 403. Pilot grant program to train public housing residents to provide covered home-based health services. 

1 TITLE I—CHOICE 

2 NEIGHBORHOODS INITIATIVE 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Choice Neighborhoods 

5 Initiative Act of 2010’’. 

6 SEC. 102. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—The Congress finds that— 

8 (1) the spatial concentration of poverty remains 

9 a serious and often unrecognized challenge to the 

10 ability of poor families and children to access oppor11 tunity and move up the economic ladder; 

12 (2) the HOPE VI program, authorized by sec13 tion 24 of the United States Housing Act of 1937 

14 (42 U.S.C. 1437v), presented one model for trans15 forming neighborhoods of extreme poverty with se16 verely distressed housing into revitalized mixed-in17 come neighborhoods; 

18 (3) there remains a large amount of severely 

19 distressed public and privately owned assisted hous20 ing concentrated in neighborhoods of extreme pov21 erty; and 


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1 (4) a broader approach is now needed using 

2 concentrated and coordinated neighborhood invest3 ment from multiple sources to transform neighbor4 hoods of extreme poverty into communities that will 

5 improve the quality of life of current and future resi6 dents. 

7 (b) PURPOSES.—The purposes of this title are to— 

8 (1) transform neighborhoods of extreme poverty 

9 into mixed-income neighborhoods by revitalizing se10 verely distressed housing, improving access to eco11 nomic opportunities, and investing and leveraging in12 vestments in well-functioning services, education 

13 programs, public assets, public transportation, and 

14 improved access to jobs; 

15 (2) provide for the one-for-one replacement of 

16 public and assisted housing dwelling units that are 

17 demolished or disposed of; 

18 (3) grow communities and metropolitan areas 

19 by concentrating, leveraging, and coordinating Fed20 eral, State, local, and private funding for public 

21 transportation, education, housing, energy, health 

22 and mental health services, supportive services, pub23 lic safety; and environmental programs and initia24 tives; 


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1 (4) support positive outcomes for displaced and 

2 returning residents, including improvements in edu3 cational achievements, and economic self-sufficiency; 

4 and 

5 (5) ensure that current residents benefit from 

6 transformation by preserving affordable housing in 

7 the neighborhood and, to the maximum extent pos8 sible, providing residents the choice to move to af9 fordable housing in another neighborhood of oppor10 tunity. 

11 SEC. 103. GRANT AUTHORITY. 

12 The Secretary of Housing and Urban Development 

13 may make competitive grants to eligible entities that sub14 mit transformation plans for eligible neighborhoods that 

15 will further the purposes of this title in such neighbor16 hoods. 

17 SEC. 104. ELIGIBLE ENTITIES. 

18 (a) PRIMARY APPLICANTS.—A grant under this title 

19 may be made only to a unit of local government, a public 

20 housing agency, or a nonprofit entity that owns a major 

21 housing project that is proposed to be assisted under a 

22 grant under this title, either as a sole applicant or as a 

23 co-applicant with another unit of local government or pub24 lic housing agency or with an entity specified in subsection 


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1 (b). A nonprofit entity may be a sole applicant only if the 

2 application has the support of a local government. 

3 (b) CO-APPLICANTS.— 

4 (1) COMMUNITY DEVELOPMENT CORPORA5 TIONS.—A community development corporation (as 

6 such term is defined in section 204(b) of the Depart7 ments of Veterans Affairs and Housing and Urban 

8 Development, and Independent Agencies Appropria9 tions Act, 1997 (12 U.S.C. 1715z–11a(b))) may, at 

10 the request of an entity specified in subsection (a), 

11 be a co-applicant for a grant under this title. 

12 (2) FOR-PROFIT ENTITIES.—A for-profit entity 

13 that owns a major housing project that is proposed 

14 to be assisted under a grant under this title and that 

15 has an established presence in the community may 

16 be a co-applicant for a grant under this title. 

17 (3) REQUIRED CO-APPLICANTS.—A grant under 

18 this title may not be made for an application that 

19 will involve transformation of a major public housing 

20 project unless the public housing agency having ju21 risdiction with respect to such project is the sole ap22 plicant or a co-applicant for such application. 

23 (c) PARTNERS.—Nothing in this section may be con24 strued to limit the ability of an applicant to partner with 


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1 any entity in carrying out activities with a grant under 

2 this title. 

3 SEC. 105. ELIGIBLE NEIGHBORHOODS. 

4 A grant under this title may be made only for activi5 ties to be conducted in neighborhoods that have— 

6 (1) a concentration of extreme poverty (as such 

7 term is defined in section 116); and 

8 (2) housing that is severely distressed housing 

9 (as such term is defined in section 116). 

10 SEC. 106. AUTHORIZED ACTIVITIES. 

11 (a) IN GENERAL.—Amounts from a grant under this 

12 title may be used only for transformational programs and 

13 activities in accordance with a transformation plan ap14 proved under section 107 that will further the purposes 

15 of this title. 

16 (b) REQUIRED ACTIVITIES.—Each transformation 

17 plan submitted pursuant to section 107 and implemented 

18 by a grantee under this title shall include the following 

19 activities: 

20 (1) The transformation of housing through re21 habilitation, preservation, or demolition and replace22 ment of severely distressed housing projects, or any 

23 combination thereof, which may incorporate energy24 efficient design principles. 


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1 (2) The one-for-one replacement of any public 

2 and assisted housing units demolished or disposed of 

3 in accordance with the requirements under section 

4 109. 

5 (3) Activities that promote economic self-suffi6 ciency of residents of the revitalized housing and of 

7 the surrounding neighborhood. 

8 (4) Activities that preserve affordable housing 

9 in the neighborhood and other activities necessary to 

10 ensure that existing public and assisted housing resi11 dents have access to the benefits of the neighbor12 hood transformation. 

13 (5) Activities that demonstrate that each resi14 dent of housing assisted by the grant who is dis15 placed by the transformation plan and who wishes to 

16 return to the revitalized on-site housing in the neigh17 borhood or to replacement housing outside of the 

18 neighborhood, can return, and shall be provided a 

19 preference in accordance with the program require20 ments under section 108. 

21 (6) Activities that meet the program require22 ments for replacement of housing units under sec23 tion 108. 


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1 (7) Activities that meet the fair housing pro2 gram requirements under section 110(a) and the ac3 cessibility requirements under section 110(b). 

4 (8) Appropriate service coordination and sup5 portive services. 

6 (9) Resident involvement, as described in sec7 tion 108, in planning and implementation of the 

8 transformation plan, including reasonable steps to 

9 help ensure meaningful participation for residents 

10 who, as a result of their national origin, are limited 

11 in their English language proficiency. 

12 (10) Monitoring, under section 108(g), of resi13 dents relocated during redevelopment throughout the 

14 term of the grant or until full occupancy of replace15 ment housing, whichever is completed later. 

16 (11) Relocation assistance, including tenant17 based rental assistance renewable under section 8 of 

18 the United States Housing Act of 1937 (42 U.S.C. 

19 1437f), mobility or relocation counseling over mul20 tiple years, reasonable moving costs, and security de21 posits. 

22 (12) Establishment of links to local education 

23 efforts, as described in subsection (c)(3) of this sec24 tion. 


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1 (13) Activities to comply with section 3 of the 

2 Housing and Urban Development Act of 1968 (12 

3 U.S.C. 1701u). 

4 (c) ELIGIBLE ACTIVITIES.—Amounts from a grant 

5 under this title may be used for the following activities: 

6 (1) Construction, acquisition, or rehabilitation 

7 of affordable housing (as such term is defined in 

8 section 116), which may include energy efficiency 

9 improvements and sustainable design features for 

10 such housing. 

11 (2) Acquisition or disposition of residential 

12 properties, including properties subject to a mort13 gage previously insured, and foreclosed upon, by the 

14 Federal Housing Administration, and demolition. 

15 (3) Outreach to local educators, and engaging 

16 in local community planning, to help increase access 

17 to educational opportunities, a continuum of effec18 tive community services, and strong family supports, 

19 and to improve the educational and life outcomes 

20 which have a significant benefit to residents of hous21 ing assisted under this title, including children and 

22 youth and, as appropriate, for adult residents, in23 cluding the elderly or persons with disabilities. 

24 (4) Providing supportive services (as such term 

25 is defined in section 116) which have a significant 


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1 benefit to residents of housing assisted under this 

2 title, primarily focused on services described in sub3 paragraphs (B) and (C) of section 116(14). 

4 (5) Rehabilitation and physical improvement of 

5 community facilities that are primarily intended to 

6 facilitate the delivery of community and supportive 

7 services which have a significant benefit to residents 

8 of housing assisted by the grant and residents of off9 site replacement housing. 

10 (6) Work incentives designed to help low-income 

11 residents assisted by the housing under this title ac12 cess jobs and move toward self-sufficiency. 

13 (7) Partnering with employers and for-profit 

14 and nonprofit organizations to create jobs and job 

15 training opportunities which have a significant ben16 efit to residents of housing assisted under this title. 

17 (8) Activities that promote sustainable housing 

18 by incorporating principles of sustainable design and 

19 development, including energy efficiency. 

20 (9) Critical community improvements (as such 

21 term is defined in section 116 of this title) under22 taken at sites that are adjacent to, or in the imme23 diate vicinity of, housing assisted under this title. 

24 (10) Loss reserves to protect residents of hous25 ing assisted by the grant and continue the project in 


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1 the case of default, foreclosure, or any other adverse 

2 financial event. 

3 The Secretary shall require any grantee under this title 

4 that will provide benefits under paragraph (3), (4), (5), 

5 or (7) to any residents who are not living in housing as6 sisted with a grant under this title, to submit to the Sec7 retary a plan identifying how such services will be pro8 vided. 

9 (d) ELIGIBLE METHODS OF SUPPORT.—Activities 

10 carried out with amounts from a grant under this title 

11 may be carried out through— 

12 (1) endowments or revolving loan funds; or 

13 (2) land assembly, land banking, and other ac14 tivities, except that no amounts made available for 

15 use under this title may be used to acquire any 

16 property by means of the exercise of the power of 

17 eminent domain. 

18 (e) FUNDING LIMITATIONS.— 

19 (1) SCHOOL BUILDINGS.—No amounts from a 

20 grant under this title may be used for construction 

21 or rehabilitation of an elementary school or sec22 ondary school (as such terms are defined in section 

23 9101 of the Elementary and Secondary Education 

24 Act of 1965 (20 U.S.C. 7801)) or an institution of 

25 higher education (as such term is defined in section 


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1 102 of the Higher Education Act of 1965 (20 

2 U.S.C. 1002)). 

3 (2) NON-HOUSING ACTIVITIES AND SUPPORTIVE

4 SERVICES.—For each grant under this title, the 

5 grantee shall comply with each of the following re6 quirements: 

7 (A) Of the amount of the grant, not more 

8 than 25 percent may be used for eligible activi9 ties under paragraphs (3) through (9) of sub10 section (c). 

11 (B) Of the amount of the grant, not more 

12 than 5 percent may be used for eligible activi13 ties under paragraphs (8) and (9) of subsection 

14 (c). 

15 (3) CONSULTATION.—With respect to activities 

16 assisted pursuant to paragraph (2), the Secretary 

17 shall consult with the Secretary of Labor, the Sec18 retary of Health and Human Services, the Secretary 

19 of Energy, the Secretary of Transportation, the Sec20 retary of Education, and the Attorney General in 

21 identifying funding resources that may be provided 

22 to supplement amounts from grants under this title. 


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1 SEC. 107. SUBMISSION AND SELECTION OF TRANS2 FORMATION PLANS. 

3 (a) TRANSFORMATION PLAN REQUIREMENTS.—To 

4 be eligible for a grant under this title, an eligible entity 

5 shall submit to the Secretary, at such time in accordance 

6 with procedures as the Secretary shall prescribe, an appli7 cation in the form of a transformation plan that— 

8 (1) demonstrates how the transformation plan 

9 will achieve the desired priority outcomes of trans10 forming a distressed neighborhood of extreme pov11 erty into a mixed-income neighborhood with high12 quality, safe, and affordable housing (including the 

13 one-for-one replacement of any public or assisted 

14 housing units demolished or disposed of under the 

15 transformation plan), economic opportunities, well16 functioning services, public assets, access to jobs, 

17 public transportation, and effective education pro18 grams and public schools, including charter schools 

19 and other autonomous public schools; 

20 (2) demonstrates how the required activities 

21 under section 106(b) will be carried out, including a 

22 detailed description of the housing transformation 

23 activities under paragraphs (1) and (2) of such sec24 tion; 


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1 (3) describes the other eligible activities under 

2 section 106(c) that will be carried out in support of 

3 the housing transformation; 

4 (4) defines desired outcomes of the strategy, 

5 how residents of housing assisted under this title will 

6 benefit, describes the challenges they face, and the 

7 evidence base that informs the proposed strategies 

8 that will result in the desired outcomes for the com9 munity and residents; 

10 (5) includes a long-term affordability plan, de11 veloped in collaboration with residents of the public 

12 and assisted housing assisted under this title, that 

13 describes how the grantee will maintain affordable 

14 housing in the neighborhood over the next 50 years 

15 or longer, including affordability provisions relating 

16 to dwelling units provided using assistance under the 

17 grant under this title, and an agreement by the ap18 plicant to update such plan every 5 years during 

19 such period; and 

20 (6) includes such other information as the Sec21 retary shall, by regulation, prescribe. 

22 (b) SELECTION CRITERIA.—The Secretary shall es23 tablish criteria for the award of grants under this title, 

24 which shall include the extent to which the transformation 

25 plan— 


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1 (1) demonstrates the ability of the plan to fur2 ther the purposes of this title; 

3 (2) demonstrates inclusive local planning with 

4 input from units of local government, housing own5 ers and providers, educators, residents of housing 

6 assisted under this title, local community organiza7 tions, public schools, early learning in programs, 

8 health service organizations, and community stake9 holders in the development and implementation of a 

10 sustainable revitalization program; 

11 (3) coordinates multiple funding resources, in12 cluding public, private, and philanthropic funding, 

13 and emphasizes collaboration between the units of 

14 local government, early learning programs and pub15 lic schools, or a public housing agency, or all three; 

16 (4) includes current data showing that the 

17 neighborhood targeted for revitalization is in need of 

18 and can benefit from the authorized activities de19 scribed in section 106 and proposed in the trans20 formation plan; 

21 (5) demonstrates the capability and record of 

22 the applicant and its partners for managing housing 

23 redevelopment or modernization projects, success24 fully working with public and assisted housing resiVerDate Mar 15 2010 00:10 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5814.IH H5814

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1 dents during the planning and redesign process, and 

2 meeting performance benchmarks; 

3 (6) demonstrates that sustainable building and 

4 energy efficient design principles are incorporated or 

5 will be incorporated in the activities conducted pur6 suant to the plan; 

7 (7) demonstrates that the neighborhood will 

8 have, within a reasonable time, improved access to 

9 public transportation that provides access to eco10 nomic opportunities and commercial and public serv11 ices; 

12 (8) demonstrates that the residents of revital13 ized housing developments will have improved access 

14 to high-quality educational opportunities, including 

15 early learning and effective elementary and sec16 ondary public schools, in or outside of the neighbor17 hood; 

18 (9) demonstrates that the transformation plan 

19 includes the provision of appropriate supportive serv20 ices and activities that promote economic self-suffi21 ciency of residents of housing assisted under the 

22 grant, and a plan to sustain such services; 

23 (10) demonstrates that the transformation plan 

24 provides support for residents displaced as a result 

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1 ance in obtaining housing in areas with low con2 centrations of poverty in a manner that does not in3 crease racial segregation; 

4 (11) demonstrates that sufficient housing op5 portunities are available in the neighborhood to be 

6 revitalized and in low-poverty areas to accommodate 

7 displaced residents, in a manner that does not in8 crease racial segregation; 

9 (12) includes a well-documented assessment of 

10 the number of households with special needs for on11 going supportive services residing in the public or 

12 assisted housing properties that are the target of the 

13 grant and an effective plan to address such needs; 

14 (13) demonstrates the ability to leverage funds 

15 from other programs of the Department of Housing 

16 and Urban Development, from other Federal, State, 

17 or local programs, or from the private sector, includ18 ing donations of land or services; 

19 (14) demonstrates the compliance with the re20 quirements of section 109, regarding one-for-one re21 placement of public and assisted housing units; 

22 (15) demonstrates how the applicant will use 

23 indicators of housing redevelopment, neighborhood 

24 quality, resident well-being, and other outcomes to 

25 measure success, manage program implementation, 


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1 and engage stakeholders, consistent with require2 ments established by the Secretary; 

3 (16) demonstrates, if feasible, phased redevelop4 ment that provides for demolition and construction 

5 of dwelling units in phases, to limit disruptions to 

6 residents; 

7 (17) demonstrates that the neighborhood will 

8 improve its long-term viability through the revitaliza9 tion of severely distressed housing, improved access 

10 to economic opportunities, improved investment and 

11 leveraging in well-functioning services, and improved 

12 education programs, public assets, public transpor13 tation and access to jobs; and 

14 (18) demonstrates compliance with any other 

15 factors and priorities that further the purposes of 

16 this title, as the Secretary may, by regulation, pre17 scribe. 

18 SEC. 108. RIGHT OF RESIDENTS TO RETURN; RELOCATION. 

19 (a) DETERMINATION OF RESIDENT PREF20 ERENCES.—An applicant shall, not later than 15 days be21 fore submitting an application to the Secretary for a grant 

22 under this title— 

23 (1) hold a community meeting and provide in24 formation to all residents who occupy a dwelling unit 


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1 in public housing or assisted housing subject to the 

2 transformation plan of— 

3 (A) the applicant’s intent to submit an ap4 plication for a grant under this title; 

5 (B) their right to return and relocation 

6 housing options; and 

7 (C) all planned replacement housing units; 

8 and 

9 (2) solicit from each resident information re10 garding the resident’s desire to return to the re11 placement housing units constructed upon the origi12 nal public or assisted housing location, interest in 

13 moving to other neighborhoods or communities, or 

14 interest in retaining a voucher for rental assistance. 

15 (b) RESIDENT INVOLVEMENT.— 

16 (1) IN GENERAL.—Each transformation plan 

17 assisted under this title shall provide opportunities 

18 for the active involvement and participation of, and 

19 consultation with, residents of the public and as20 sisted housing that is subject to the transformation 

21 plan during the planning process for the trans22 formation plan, including prior to submission of the 

23 application, and during all phases of the planning 

24 and implementation. Such opportunities for partici25 pation may include participation of members of any 


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1 resident council or tenant organization, but may not 

2 be limited to such members, and shall include all 

3 segments of the population of residents of the public 

4 and assisted housing that is subject to the revitaliza5 tion plan, including single parent-headed households, 

6 the elderly, young employed and unemployed adults, 

7 teenage youth, and disabled persons. Such opportu8 nities shall include a process that provides oppor9 tunity for comment on specific proposals for redevel10 opment, any demolition and disposition involved, and 

11 any proposed significant amendments or changes to 

12 the transformation plan. 

13 (2) PUBLIC MEETING.—The Secretary may not 

14 make a grant under this title to an applicant unless 

15 the applicant has convened and conducted a public 

16 meeting regarding the transformation plan, includ17 ing the one-for-one replacement to occur under the 

18 plan, not later than 15 days before submission of the 

19 application for the grant under this section for such 

20 plan, at a time and location that is convenient for 

21 residents of the public and assisted housing subject 

22 to the plan. 

23 (3) SIGNIFICANT AMENDMENTS OR CHANGES

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1 nificant amendment or change to a transformation 

2 plan unless— 

3 (A) the applicant has convened and con4 ducted a public meeting regarding the signifi5 cant amendment or change at a time and loca6 tion that is convenient for residents of the pub7 lic and assisted housing subject to the plan and 

8 has provided each household occupying a dwell9 ing unit in such public and assisted housing 

10 with written notice of such meeting not less 

11 than 10 days before such meeting; 

12 (B) after such meeting, the applicant 

13 consults with the households occupying dwelling 

14 units in the public and assisted housing that 

15 are subject to, or to be subject to the plan, and 

16 the agency submits a report to the Secretary 

17 describing the results of such consultation; and 

18 (C) the Secretary approves the significant 

19 amendment or change. 

20 Notwithstanding subparagraph (C), if the Secretary 

21 does not approve or disapprove a request for a sig22 nificant amendment or change to a revitalization 

23 plan before the expiration of the 30-day period be24 ginning upon the receipt by the Secretary of the reVerDate Mar 15 2010 00:10 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5814.IH H5814

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1 port referred to in subparagraph (B), such request 

2 shall be considered to have been approved. 

3 (c) RIGHT TO RETURN.—The Secretary may not ap4 prove a transformation plan under this title unless the 

5 plan provides that each resident of public or assisted hous6 ing displaced by activities under the transformation plan 

7 who wishes to return to the on-site or off-site replacement 

8 housing provided under the plan may return if the resi9 dent— 

10 (1) was in compliance with the lease at the time 

11 of departure from the housing subject to rehabilita12 tion or demolition; and 

13 (2) would be eligible, as of the time of such re14 turn, for occupancy under the eligibility, screening, 

15 and occupancy standards, policies, or practices appli16 cable to the housing from which the resident was 

17 displaced, as in effect at such time of displacement. 

18 (d) RELOCATION, NOTICE, APPLICATION FOR

19 VOUCHERS, AND DATA.—All relocation activities resulting 

20 from, or that will result from, demolition, disposition, or 

21 both demolition and disposition, to be carried out under 

22 a transformation plan relating to a grant under this title 

23 shall be subject to the following requirements: 

24 (1) UNIFORM RELOCATION AND REAL PROP25 ERTY ACQUISITION ACT.—The Uniform Relocation 


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1 and Real Property Acquisition Policies Act of 1970 

2 (42 U.S.C. 4601 et seq.) shall apply. To the extent 

3 the provisions of this subsection and such Act con4 flict, the provisions that provide greater protection 

5 to residents displaced by the demolition, disposition, 

6 or demolition and disposition, shall apply. 

7 (2) RELOCATION PLAN.—The applicant shall 

8 submit to the Secretary, together with the applica9 tion for a grant under this title, a relocation plan 

10 providing for the relocation of residents occupying 

11 the public or assisted housing for which the demoli12 tion or disposition is proposed, which shall include— 

13 (A) a statement of the estimated number 

14 of vouchers for rental assistance under section 

15 108 that will be needed for such relocation; 

16 (B) identification of the location of the re17 placement dwelling units that will be made 

18 available for permanent occupancy; and 

19 (C) a statement of whether any temporary, 

20 off-site relocation of any residents is necessary 

21 and a description of the plans for such reloca22 tion. 

23 (3) NOTICE UPON APPROVAL OF APPLICA24 TION.—Within a reasonable time after notice to the 

25 applicant of the approval of an application for a 


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1 grant under this section, the applicant shall provide 

2 notice in writing, in plain and non-technical lan3 guage, to the residents of the public and assisted 

4 housing subject to the approved transformation plan 

5 that— 

6 (A) states that the application and trans7 formation plan has been approved; 

8 (B) describes the process involved to relo9 cate the residents, including a statement that 

10 the residents may not be relocated until the 

11 conditions set forth in section 110 have been 

12 met; 

13 (C) provides information regarding reloca14 tion options; and 

15 (D) advises residents of the availability of 

16 relocation counseling as required in paragraph 

17 (7). 

18 (4) NOTICE BEFORE RELOCATION.—Except in 

19 cases of a substantial and imminent threat to health 

20 or safety, not later than 90 days before the date on 

21 which residents will be relocated, the grantee shall 

22 provide notice in writing, in plain and non-technical 

23 language, to each family residing in a public or as24 sisted housing project that is subject to an approved 

25 transformation plan, and in accordance with such 


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1 guidelines as the Secretary may issue governing such 

2 notifications, that— 

3 (A) the public or assisted housing project 

4 will be demolished or disposed of; 

5 (B) the demolition of the building in which 

6 the family resides will not commence until each 

7 resident of the building is relocated; and 

8 (C) if temporary, off-site relocation is nec9 essary, each family displaced by such action 

10 shall be offered comparable housing— 

11 (i) that meets housing quality stand12 ards; 

13 (ii) that is located in an area that is 

14 generally not less desirable than the loca15 tion of the displaced family’s housing, 

16 which shall include at least one unit lo17 cated in an area of low-poverty or one unit 

18 located within the neighborhood of the 

19 original public or assisted housing site; 

20 (iii) that is identified and available to 

21 the family; and 

22 (iv) which shall include— 

23 (I) tenant-based assistance, ex24 cept that the requirement under this 

25 subparagraph regarding offering of 


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1 comparable housing shall be fulfilled 

2 by use of tenant-based assistance only 

3 upon the relocation of the family into 

4 such housing; 

5 (II) project-based assistance; 

6 (III) occupancy in a unit oper7 ated or assisted by the public housing 

8 agency or the owner of the assisted 

9 project demolished or disposed of 

10 under this section, at a rental rate 

11 paid by the family that is comparable 

12 to the rental rate applicable to the 

13 unit from which the family is relo14 cated; or 

15 (IV) other comparable housing. 

16 (5) SEARCH PERIOD.—Notwithstanding any 

17 other provision of law, in the case of a household 

18 that is provided tenant-based assistance for reloca19 tion of the household under this section, the period 

20 during which the household may lease a dwelling 

21 unit using such assistance shall not be shorter in du22 ration than the 150-day period that begins at the 

23 time a comparable replacement unit is made avail24 able to the family. If the household is unable to lease 

25 a dwelling unit using such assistance during such 


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1 period, the grantee shall extend the period during 

2 which the household may lease a dwelling unit using 

3 such assistance, or at the resident’s request, shall 

4 provide the resident with the next available com5 parable public housing unit or comparable housing 

6 unit for which project-based assistance is provided. 

7 (6) PAYMENT OF RELOCATION EXPENSES.— 

8 The grantee shall provide for the payment of the ac9 tual and reasonable relocation expenses, including 

10 security deposits, of each resident to be displaced 

11 and any other relocation expenses as are required by 

12 the Uniform Relocation Assistance and Real Prop13 erty Acquisition Policies Act of 1970. 

14 (7) COMPREHENSIVE RELOCATION COUN15 SELING.—The grantee shall provide all advisory pro16 grams and services as required by the Uniform Relo17 cation Assistance and Real Property Acquisition 

18 Policies Act of 1970 and counseling for residents 

19 who are displaced that shall fully inform residents to 

20 be displaced of all relocation options, which may in21 clude relocating to housing in a neighborhood with 

22 a lower concentration of poverty than their current 

23 residence or remaining in the current neighborhood. 

24 Such counseling shall also include providing school 

25 options for children and comprehensive housing 


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1 search assistance for household that receive a vouch2 er for tenant-based assistance. 

3 (8) TIMING OF DEMOLITION OR DISPOSITION.— 

4 The grantee shall not commence demolition or com5 plete disposition of a building subject to the ap6 proved transformation plan until all residents resid7 ing in the building are relocated. 

8 (9) TIMING OF RELOCATION.—The applicant 

9 shall not commence relocation before approval by the 

10 Secretary of the transformation plan providing for 

11 the demolition or disposition, unless the applicant 

12 generally relocates residents in accordance with this 

13 section, as determined by the Secretary, except in 

14 the case of a substantial and imminent threat to 

15 health or safety. 

16 (e) MONITORING OF DISPLACED HOUSEHOLDS.— 

17 (1) GRANTEE RESPONSIBILITIES.—To facilitate 

18 compliance with the requirement under subsection 

19 (a) (relating to right of residents to return), the Sec20 retary shall, by regulation, require each grantee of 

21 a grant under this section, during the period of the 

22 transformation plan assisted with the grant and 

23 until all funding under the grant has been ex24 pended— 


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1 (A) to maintain a current address of resi2 dence and contact information for each house3 hold affected by the transformation plan who 

4 was occupying a dwelling unit in the housing 

5 that is subject to the plan; and 

6 (B) to provide such updated information to 

7 the Secretary on at least a quarterly basis. 

8 (2) CERTIFICATION.—The Secretary may not 

9 close out any grant made under this section before 

10 the grantee has certified to the Secretary that the 

11 agency has complied with subsection (a) (relating to 

12 right of residents to return) with respect to each 

13 resident displaced as a result of the transformation 

14 plan, including providing occupancy in a replacement 

15 dwelling unit for each resident who requested such 

16 a unit in accordance with such subsection. 

17 (f) PREFERENCE.—A returning resident shall be pro18 vided a preference for occupancy of on-site or off-site re19 placement units before such units are made available for 

20 occupancy by any other eligible households, or the resident 

21 may choose to retain tenant-based voucher assistance pro22 vided under section 8(o) of the United States Housing Act 

23 of 1937 for relocation from the properties revitalized 

24 under a transformation plan assisted with a grant under 

25 this title. 


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1 (g) PROHIBITION ON RE-SCREENING.—A public 

2 housing agency or any other manager of on-site or off3 site replacement housing shall not, through the application 

4 of any additional eligibility, screening, occupancy, or other 

5 policy or practice, prevent any person otherwise eligible 

6 under subsection (a) from occupying a replacement hous7 ing unit. 

8 SEC. 109. ONE-FOR-ONE REPLACEMENT OF PUBLIC AND AS9 SISTED HOUSING DWELLING UNITS. 

10 (a) ONE-FOR-ONE REPLACEMENT OF PUBLIC OR AS11 SISTED HOUSING UNITS.—The Secretary may not ap12 prove a transformation plan that provides for dwelling 

13 units to be demolished or disposed of unless the plan pro14 vides as follows: 

15 (1) REQUIREMENT TO REPLACE EACH UNIT.— 

16 One hundred percent, or such lower percentage as is 

17 provided pursuant to subsection (b), of the public 

18 and assisted housing dwelling units and units de19 scribed in section 116(1)(E) that are demolished or 

20 disposed of pursuant to the transformation plan 

21 shall be replaced with a newly constructed, rehabili22 tated, or purchased public or assisted housing unit 

23 or with a newly constructed, rehabilitated, or pur24 chased unit (including through project-based assist25 ance) that is subject to requirements regarding eligiVerDate Mar 15 2010 00:10 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H5814.IH H5814

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1 bility for occupancy, tenant contribution toward 

2 rent, and long-term affordability restrictions that are 

3 consistent with such requirements for public and as4 sisted housing dwelling units or for State units, as 

5 applicable, except that— 

6 (A) subparagraph (D) of section 8(o)(13) 

7 of the United States Housing Act of 1937 (re8 lating to income-mixing requirement of project9 based assistance) shall not apply with respect to 

10 vouchers used to comply with the requirements 

11 of this paragraph; and 

12 (B) for purposes of this paragraph, sub13 paragraph (B) of such section 8(o)(13) (relat14 ing to percentage limitation) shall be applied by 

15 substituting ‘‘50 percent’’ for ‘‘20 percent’’. 

16 (2) OTHER REQUIREMENTS.—Admission to, ad17 ministration of, and eviction from replacement hous18 ing units that replaced public housing units, but 

19 that are not public housing dwelling units, shall be 

20 subject to the following provisions to the same ex21 tent as public housing dwelling units: 

22 (A) Section 578 of the Quality Housing 

23 and Work Responsibility Act of 1998 (42 

24 U.S.C. 13663; relating to ineligibility of dan25 gerous sex offenders). 


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1 (B) Section 16(f) of the United States 

2 Housing Act of 1937 (42 U.S.C. 1437n(f); re3 lating to ineligibility of certain drug offenders). 

4 (C) Sections 20 and 21 of the United 

5 States Housing Act of 1937 (42 U.S.C. 1437r, 

6 1437s; relating to resident management). 

7 (D) Section 25 of the United States Hous8 ing Act of 1937 (42 U.S.C. 1437w; relating to 

9 transfer of management at request of resi10 dents). 

11 (E) Section 6(k) of the United States 

12 Housing Act of 1937 (42 U.S.C. 1437d(k); re13 lating to administrative grievance procedure). 

14 (F) Section 6(f) of the United States 

15 Housing Act of 1937 (42 U.S.C. 1437d(f); re16 lating to housing quality requirements). 

17 (G) Part 964 of title 24, Code of Federal 

18 regulations (relating to tenant participation and 

19 opportunities). 

20 (3) RETENTION OF RIGHTS.—Tenants occu21 pying a replacement housing unit shall have all 

22 rights provided to tenants of the housing from which 

23 the tenants were relocated. 

24 (4) SIZE.— 


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1 (A) IN GENERAL.—Replacement units shall 

2 be of comparable size, unless a market analysis 

3 shows a need for other-sized units, in which 

4 case such need shall be addressed. 

5 (B) BEDROOMS.—The number of bed6 rooms within each replacement unit shall be 

7 sufficient to serve families displaced as a result 

8 of the demolition or disposition. Replacement 

9 units may include a greater number of bed10 rooms than the number of bedrooms in units 

11 replaced if an analysis of the waiting list of the 

12 public housing agency shows that more bed13 rooms are needed to accommodate families on 

14 the waiting list. 

15 (5) LOCATION ON SITE.—At least one-third of 

16 all replacement units for public and assisted housing 

17 units demolished shall be public or assisted housing 

18 units constructed within the immediate area of the 

19 original public or assisted housing location, unless 

20 the Secretary determines that— 

21 (A) construction on such location would re22 sult in the violation of a consent decree; or 

23 (B) the land on which the public and as24 sisted housing is located is environmentally unVerDate Mar 15 2010 00:10 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5814.IH H5814

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1 safe, geologically unstable, or otherwise is un2 suitable for the construction of housing. 

3 (6) LOCATION IN THE NEIGHBORHOOD.—Any 

4 replacement housing units provided in addition to 

5 dwelling units provided pursuant to paragraph (5) 

6 shall— 

7 (A) be provided in areas within the neigh8 borhood, except that if rebuilding the units 

9 within the neighborhood is not feasible, units 

10 shall be provided within the jurisdiction of the 

11 public housing agency— 

12 (i) in areas having low concentrations 

13 of poverty; 

14 (ii) in a manner that furthers the eco15 nomic and educational opportunities for 

16 residents; 

17 (iii) in a manner that does not in18 crease racial segregation; and 

19 (iv) in areas offering access to public 

20 transportation; and 

21 (B) have access to social, recreational, edu22 cational, commercial, and health facilities and 

23 services, including municipal services and facili24 ties, that are comparable to services provided to 


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1 the revitalized neighborhood from which resi2 dents were displaced. 

3 (b) WAIVER.— 

4 (1) AUTHORITY.—Upon the written request of 

5 an applicant for a grant under this title submitted 

6 as part of the transformation plan pursuant to sec7 tion 107, the Secretary may reduce the percentage 

8 applicable under subsection (a)(1) to the trans9 formation plan of the applicant to not less than 80 

10 percent, but only if— 

11 (A) a judgment, consent decree, or other 

12 order of a court limits the ability of the appli13 cant to comply with such requirements; or 

14 (B) the applicant demonstrates that there 

15 is an excess supply of affordable rental housing 

16 in areas of low poverty and provides data show17 ing that, in the area surrounding the revitalized 

18 neighborhood— 

19 (i) at least 80 percent of vouchers 

20 issued under section 8(o) of the United 

21 States Housing Act of 1937 over the last 

22 24 months to comparable families were 

23 successfully used to lease a dwelling unit 

24 within 120 days of issuance or, if a suffi25 cient number of comparable families have 


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1 not received vouchers, an alternative meas2 ure, as the Secretary shall design, is met; 

3 (ii) existing voucher holders are widely 

4 dispersed geographically in areas of low 

5 poverty with access to public transpor6 tation, education, and other amenities, as 

7 determined by the Secretary, among the 

8 available private rental housing stock; and 

9 (iii) the applicant provides a market 

10 analysis demonstrating that— 

11 (I) there is a relatively high va12 cancy rate among units that would 

13 meet or exceed housing quality stand14 ards, as determined by the Secretary, 

15 within the market area with rent and 

16 utility costs not exceeding the applica17 ble payment standard under section 

18 8(o) of the United States Housing Act 

19 of 1937 (42 U.S.C. 1437f(o)); and 

20 (II) such high vacancy rate with21 in the market area is expected to con22 tinue for the next 5 years or longer. 

23 SEC. 110. OTHER PROGRAM REQUIREMENTS. 

24 (a) FAIR HOUSING.—The demolition or disposition, 

25 relocation, replacement, and reoccupancy of housing units 


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1 in connection with a grant under this title shall be carried 

2 out in a manner that affirmatively furthers fair housing, 

3 as required by section 808 of the Civil Rights Act of 1968 

4 (42 U.S.C. 3608(e)). Grantees shall adopt affirmative 

5 marketing procedures, and require affirmative marketing 

6 activities of project owners and managers. Such special 

7 outreach efforts shall be targeted to those who are least 

8 likely to apply for the housing, to ensure that all persons 

9 regardless of their race, color, national origin, religion, 

10 sex, disability, or familial status are aware of the housing 

11 opportunities in each project funded with a grant under 

12 this title. 

13 (b) ACCESSIBILITY REQUIREMENTS.—All new con14 struction and alterations of existing buildings carried out 

15 in connection with a grant under this title shall comply 

16 with the requirements of the section 504 of Rehabilitation 

17 Act of 1973 (29 U.S.C. 794), the Accessibility Standards 

18 for Design, Construction, and Alteration of Publicly 

19 Owned Residential Structures of the Department of Hous20 ing and Urban Development (24 C.F.R. part 40), the Fair 

21 Housing Act (42 U.S.C. 3601 et seq.), and any other re22 quirements as determined by the Secretary. 

23 (c) AFFORDABILITY REQUIREMENT.—Amounts from 

24 a grant under this title may not be used for assistance 

25 for any housing property unless the owner of the property 


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1 assisted agrees to a period of affordability for the property 

2 which shall be not shorter than the period of affordability 

3 to which the property is already subject and remains sub4 ject, or 20 years, whichever is longer. 

5 (d) COST LIMITS.—Subject to the provisions of this 

6 title, the Secretary shall establish cost limits on eligible 

7 activities under this title sufficient to provide for effective 

8 transformation programs. 

9 (e) ENVIRONMENTAL REVIEW.—For purposes of en10 vironmental review, assistance and projects under this title 

11 shall be treated as assistance for special projects that are 

12 subject to section 305(c) of the Multifamily Housing Prop13 erty Disposition Reform Act of 1994 (42 U.S.C. 3547), 

14 and shall be subject to the regulations issued by the Sec15 retary to implement such section. 

16 (f) GRANTEE REPORTING.—The Secretary shall re17 quire grantees under this title to report the sources and 

18 uses of all amounts expended and other information for 

19 transformation plans for the Secretary’s annual report to 

20 Congress or other purposes as determined by the Sec21 retary. 

22 SEC. 111. DEMOLITION AND DISPOSITION. 

23 (a) INAPPLICABILITY OF PUBLIC HOUSING DEMOLI24 TION AND DISPOSITION REQUIREMENTS TO TRANS25 FORMATION PLAN.—The demolition or disposition of seVerDate Mar 15 2010 00:10 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H5814.IH H5814

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1 verely distressed public housing pursuant to a trans2 formation plan approved under this title shall exempt from 

3 the provisions of section 18 of the United States Housing 

4 Act of 1937 (42 U.S.C. 1437p). 

5 (b) APPLICABILITY OF PUBLIC HOUSING DEMOLI6 TION AND DISPOSITION REQUIREMENTS TO REPLACE7 MENT PUBLIC HOUSING.—Nothing in this title may be 

8 construed to exempt any replacement public housing 

9 dwelling units provided under a transformation plan in ac10 cordance with the requirements under section 109 (relat11 ing to one-for-one replacement of public housing dwelling 

12 units) from the provisions of section 18 of the United 

13 States Housing Act of 1937. 

14 SEC. 112. PHASE-SPECIFIC UNDERWRITING. 

15 To the extent that a transformation plan provides for 

16 different phases of activities, the Secretary may allow for 

17 the various phases of such plan to be underwritten on a 

18 separate basis. 

19 SEC. 113. ADMINISTRATION BY OTHER ENTITIES. 

20 The Secretary may require a grantee under this title 

21 to make arrangements satisfactory to the Secretary for 

22 use of an entity other than the original grantee to carry 

23 out activities assisted under the transformation plan of the 

24 grantee, if— 


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1 (1) the original grantee has failed to meet per2 formance benchmarks relating to implementation of 

3 the transformation plan; and 

4 (2) the Secretary determines that such action 

5 will help to effectuate the purposes of this title. 

6 SEC. 114. WITHDRAWAL OF FUNDING. 

7 If a grantee under this title does not proceed within 

8 a reasonable timeframe in implementing its trans9 formation plan or does not otherwise comply with the re10 quirements of this title and the grant agreement, as deter11 mined by the Secretary, the Secretary may withdraw any 

12 grant amounts under this title that have not been obli13 gated by the grantee. The Secretary may redistribute any 

14 withdrawn amounts to one or more other eligible entities 

15 capable of proceeding expeditiously in the same locality in 

16 carrying out the transformation plan of the original grant17 ee, or as such plan may be modified and approved by the 

18 Secretary, or, if that is not feasible, to one or more other 

19 applicants that has already received assistance under this 

20 title. 

21 SEC. 115. ANNUAL REPORT; PUBLIC AVAILABILITY OF 

22 GRANT INFORMATION. 

23 (a) ANNUAL REPORT.—Not less than 90 days before 

24 the conclusion of each fiscal year, the Secretary shall sub25 mit to Committee on Financial Services of the House of 


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1 Representatives and the Committee on Banking, Housing, 

2 and Urban Affairs of the Senate a report on the imple3 mentation and status of grants awarded under this title, 

4 which shall include— 

5 (1) the number, type, and cost of affordable 

6 housing units revitalized pursuant to this title; 

7 (2) the amount and type of financial assistance 

8 provided under and in conjunction with this title, in9 cluding a specification of the amount and type of as10 sistance provided for educational opportunities, serv11 ices, public assets, public transportation, and access 

12 to jobs; 

13 (3) the impact of grants made under this title 

14 on the original residents, the target neighborhoods, 

15 and the larger communities within which they are lo16 cated; 

17 (4) all information submitted to the Secretary 

18 pursuant to section 108(g)(1) by all grantees and 

19 summaries of the extent of compliance by grantees 

20 with the requirements under subsections (a) and (g) 

21 of section 108; and 

22 (5) any information related to grantees imple23 mentation of the requirements under section 109 

24 (relating to one-for-one replacement of public housVerDate Mar 15 2010 00:10 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H5814.IH H5814

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1 ing dwelling units) and the efforts of the Secretary 

2 to coordinate funding pursuant to section 106(d)(3). 

3 (b) PUBLIC AVAILABILITY OF GRANT INFORMA4 TION.—To the extent not inconsistent with any other pro5 visions of law, the Secretary shall make publicly available 

6 through a World Wide Web site of the Department of 

7 Housing and Urban Development all documents of, or 

8 filed with, the Department relating to the program under 

9 this title, including applications, grant agreements, plans, 

10 budgets, reports, and amendments to such documents; ex11 cept that in carrying out this subsection, the Secretary 

12 shall take such actions as may be necessary to protect the 

13 privacy of any residents and households displaced from 

14 public or assisted housing as a result of a transformation 

15 plan assisted under a grant under this title. 

16 SEC. 116. DEFINITIONS. 

17 For purposes of this title, the following definitions 

18 shall apply: 

19 (1) AFFORDABLE HOUSING.—The term ‘‘afford20 able housing’’ includes— 

21 (A) public housing assisted under section 9 

22 of the United States Housing Act of 1937 (42 

23 U.S.C. 1437g); 

24 (B) assisted housing (as such term is de25 fined in this section); 


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1 (C) housing assisted under an affordable 

2 housing program administered by the Secretary 

3 of Agriculture through Rural Housing Service; 

4 (D) rental housing that utilizes tax credits 

5 under section 42 or the Internal Revenue Code 

6 of 1986; 

7 (E) affordable rental housing owned, devel8 oped, or assisted through a State or local gov9 ernment or State housing finance agency, in10 cluding State-assisted public housing, which is 

11 subject to a long-term affordability restriction 

12 requiring occupancy by low-income households; 

13 and 

14 (F) private housing for low- and moderate15 income households and for which the Secretary 

16 requires the owner or purchaser of the project 

17 to maintain affordability for no fewer than 20 

18 years in accordance with use restrictions under 

19 regulations issued by the Secretary, which re20 strictions shall be— 

21 (i) contained in a legally enforceable 

22 document recorded in the appropriate 

23 records; and 


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1 (ii) consistent with the long-term via2 bility of the project as rental or homeown3 ership housing. 

4 (2) APPLICANT.—The term ‘‘applicant’’ means 

5 an eligible entity under section 104(a) that submits 

6 an application for a grant under this title pursuant 

7 to section 107. 

8 (3) ASSISTED HOUSING.—The term ‘‘assisted 

9 housing’’ means rental housing assisted under— 

10 (A) section 8 of the United States Housing 

11 Act of 1937 (42 U.S.C. 1437f, 1437g); 

12 (B) section 221(d)(3) or 236 of the Na13 tional Housing Act (12 U.S.C. 1715l, 1715z– 

14 1); 

15 (C) section 202 of the Housing Act of 

16 1959 (12 U.S.C. 1701q); or 

17 (D) section 811 of Cranston-Gonzalez Na18 tional Affordable Housing Act (42 U.S.C. 

19 8013). 

20 (4) CRITICAL COMMUNITY IMPROVEMENTS.— 

21 The term ‘‘critical community improvements’’ 

22 means— 

23 (A) development or improvement of com24 munity facilities to promote upward mobility, 

25 self-sufficiency, or improved quality of life for 


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1 residents of the neighborhood, such as construc2 tion or rehabilitation of parks and community 

3 gardens, environmental improvements, or site 

4 remediation at affected sites; or 

5 (B) activities to promote economic develop6 ment, such as development or improvement of 

7 transit, retail, community financial institutions, 

8 public services, facilities, assets, or other com9 munity resources. 

10 (5) EXTREME POVERTY.—The term ‘‘extreme 

11 poverty’’ means, with respect to a neighborhood, 

12 that the neighborhood— 

13 (A) has a high percentage of residents who 

14 are— 

15 (i) estimated to be in poverty; or 

16 (ii) have extremely low incomes based 

17 on the most recent data collected by the 

18 United States Census Bureau; and 

19 (B) is experiencing distress related to one 

20 or more of the following: 

21 (i) Per capita crime rates over 3 or 

22 more years that are significantly higher 

23 than the per capita crime rates of the city 

24 or county in which the neighborhood is lo25 cated. 


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1 (ii) High rates of vacant, abandoned, 

2 or substandard homes relative to the city 

3 or county as a whole. 

4 (iii) A low-performing public school. 

5 (iv) Other such factors as determined 

6 by the Secretary that further the purposes 

7 of this title. 

8 (6) FAMILIES.—The term ‘‘families’’ has the 

9 meaning given such term in section 3(b) of the 

10 United States Housing Act of 1937 (42 U.S.C. 

11 1437a(b)). 

12 (7) GRANTEE.—The term ‘‘grantee’’ means an 

13 eligible entity under section 104 that is awarded a 

14 grant under this title, pursuant to selection under 

15 section 107. 

16 (8) LONG-TERM VIABILITY.—The term ‘‘long17 term viability’’ means, with respect to a neighbor18 hood, that the neighborhood is sustainable on an 

19 economic, education, and environmental basis. 

20 (9) NEIGHBORHOOD.—The term ‘‘neighbor21 hood’’ means an area that— 

22 (A) has distinguishing characteristics; 

23 (B) represents the geographical distribu24 tion of targeted populations; and 


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1 (C) is not exclusive of areas that are inte2 grally related to the composition of the commu3 nity. 

4 (10) PUBLIC HOUSING; PUBLIC HOUSING AGEN5 CY.—The terms ‘‘public housing’’ and ‘‘public hous6 ing agency’’ have the meanings given such terms in 

7 section 3(b) of the United States Housing Act of 

8 1937 (42 U.S.C. 1437a(b)). 

9 (11) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of Housing and Urban Develop11 ment. 

12 (12) SEVERELY DISTRESSED HOUSING.—The 

13 term ‘‘severely distressed housing’’ means a public 

14 or assisted housing project (or building in a project) 

15 that— 

16 (A)(i) has been certified, by an engineer or 

17 architect licensed by a State licensing board, as 

18 meeting criteria for physical distress that indi19 cate that the project requires major redesign, 

20 reconstruction, or redevelopment, or partial or 

21 total demolition, to correct serious deficiencies 

22 in the original design (including inappropriately 

23 high-population density), deferred maintenance, 

24 physical deterioration or obsolescence of major 


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1 systems, and other deficiencies in the physical 

2 plant of the project; and 

3 (ii) is a significant contributing factor to 

4 the physical decline of and disinvestment by 

5 public and private entities in the surrounding 

6 neighborhood, as documented by evidence of 

7 non-physical distress, such as extreme poverty, 

8 including census data and past surveys of 

9 neighborhood stability conducted by an appli10 cant or co-applicant or their qualified designee; 

11 or 

12 (B) was a project described in subpara13 graph (A) that has been legally vacated or de14 molished, but for which the Secretary has not 

15 yet provided replacement housing assistance 

16 other than tenant-based assistance. 

17 (13) SIGNIFICANT AMENDMENT OR CHANGE.— 

18 The term ‘‘significant’’ means, with respect to an 

19 amendment or change to a transformation plan, that 

20 the amendment or change— 

21 (A) changes the use of 20 percent or more 

22 of the total amount of the grant provided under 

23 this title from use for one activity to use for an24 other; 


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1 (B) eliminates an activity that is a re2 quired activity that, notwithstanding the 

3 change, would otherwise be carried out under 

4 the plan; or 

5 (C) significantly changes the scope, loca6 tion, or beneficiaries of the project carried out 

7 under the plan. 

8 (14) SUPPORTIVE SERVICES.—The term ‘‘sup9 portive services’’ includes all activities that will pro10 mote upward mobility, self-sufficiency, or improved 

11 quality of life, including— 

12 (A) such activities as literacy training, re13 medial and continuing education, job training, 

14 financial literacy instruction, daycare, youth 

15 services, aging-in-place, physical and mental 

16 health services, and other programs for which 

17 such residents demonstrate need; 

18 (B) case management and service coordi19 nation services, including providing coordinators 

20 for the Family Self-Sufficiency program under 

21 section 23 of the United States Housing Act of 

22 1937 (42 U.S.C. 1437u) and the Resident Op23 portunity and Supportive Services program 

24 under section 34 of such Act (42 U.S.C. 

25 1437z–6); and 


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1 (C) technical assistance to enable residents 

2 to access programs from other key agencies and 

3 local service providers in order to help residents 

4 be stably housed, improve outcomes for chil5 dren, and enhance adults’ capacity for self-suf6 ficiency and economic security, and services for 

7 the elderly and persons with disabilities to 

8 maintain independence. 

9 SEC. 117. FUNDING. 

10 There are authorized to be appropriated the following 

11 amounts: 

12 (1) GRANTS.—$575,000,000 for fiscal year 

13 2011 and such sums as may be necessary in each of 

14 fiscal years 2011, 2012, 2013, 2014, and 2015, for 

15 grants under this title, of which, in any fiscal year— 

16 (A) up to 10 percent of such amount au17 thorized may be used for planning grants, ex18 cept that in awarding planning grants, the Sec19 retary may elect to base selection on a subset 

20 of the required provisions of this title; 

21 (B) up to 5 percent of the amount author22 ized may be used for technical assistance and 

23 program evaluation efforts related to grants 

24 awarded under this title, or under predecessor 

25 programs; and 


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1 (C) not less than two-thirds shall be used 

2 for, or two-thirds of the number of housing 

3 units assisted under this title shall be, public 

4 housing units, subject to de minimis variations 

5 as may result from the grantee selection proc6 ess. 

7 (2) RENTAL ASSISTANCE.—Such sums as may 

8 be necessary for each of fiscal years 2011 through 

9 2015 for providing tenant-based assistance for relo10 cation and for rental assistance under section 8 of 

11 the United States Housing Act of 1937 for the pur12 poses of complying with section 108(c) of this title, 

13 but not to exceed the amount of assistance for the 

14 number of units demolished or disposed of under 

15 section 108(c)(1). 

16 SEC. 118. REGULATIONS. 

17 Not later than the expiration of the 180-day period 

18 beginning on the date of the enactment of this Act, the 

19 Secretary shall issue regulations to carry out the following 

20 provisions of this title: 

21 (1) Subsections (c) and (e) of section 106. 

22 (2) Section 9(b). 

23 (3) Paragraphs (4), (5), (8), (9), and (12) of 

24 section 116. 


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1 TITLE II—PUBLIC HOUSING ONE2 FOR-ONE REPLACEMENT AND 

3 TENANT PROTECTION 

4 SEC. 201. SHORT TITLE. 

5 This title may be cited as the ‘‘Public Housing One6 for-One Replacement and Tenant Protection Act of 

7 2010’’. 

8 SEC. 202. DEMOLITION AND DISPOSITION OF PUBLIC HOUS9 ING. 

10 (a) AMENDMENTS TO SECTION 18.—Section 18 of 

11 the United States Housing Act of 1937 (42 U.S.C. 1437p) 

12 is amended— 

13 (1) by redesignating subsections (a) through (h) 

14 as subsections (b) through (i), respectively; 

15 (2) by inserting before subsection (b) (as so re16 designated by paragraph (1) of this subsection) the 

17 following new subsection: 

18 ‘‘(a) APPLICABILITY.—Notwithstanding any other 

19 provision of law, this section shall apply to— 

20 ‘‘(1) demolition, disposition, or demolition or 

21 disposition or both pursuant to conversion under 

22 section 22 or 33 of any public housing unit; and 

23 ‘‘(2) the taking of public housing units, directly 

24 or indirectly, through the use of eminent domain.’’; 


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1 (3) in subsection (b) (as so redesignated by 

2 paragraph (1) of this subsection)— 

3 (A) in the matter preceding paragraph 

4 (1)— 

5 (i) by striking ‘‘subsection (b)’’ and 

6 inserting ‘‘subsection (c)’’; and 

7 (ii) by striking ‘‘if the public housing 

8 agency certifies’’ and inserting ‘‘only if the 

9 Secretary determines that’’; 

10 (B) in paragraph (2)(A)(ii), by striking 

11 ‘‘low-income housing’’ and inserting ‘‘housing 

12 for low-income, very-low income, and extremely 

13 low-income families consistent with the needs 

14 identified pursuant to section 5A(d)(1) in the 

15 public housing agency plan for the agency and 

16 with targeting requirements under section 16(a) 

17 for public housing’’; 

18 (C) by striking paragraph (4); 

19 (D) in paragraph (6), by striking ‘‘sub20 section (c)’’ and inserting ‘‘subsection (d)’’; 

21 (E) by redesignating paragraphs (5) and 

22 (6) as paragraphs (4) and (5), respectively; and 

23 (F) by inserting after paragraph (5) (as so 

24 redesignated) the following new paragraph: 


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1 ‘‘(6) that the public housing agency has ob2 tained from each resident information pursuant to 

3 subsection (f)(3)(B) and has established a replace4 ment housing preference for each such resident.’’; 

5 (4) in subsection (c) (as so redesignated by 

6 paragraph (1) of this subsection)— 

7 (A) in the matter preceding paragraph (1), 

8 by striking ‘‘subsection (a)’’ and inserting ‘‘sub9 section (b)’’; 

10 (B) in paragraph (1), by striking ‘‘or’’ at 

11 the end; 

12 (C) in paragraph (2)(C) by striking the pe13 riod at the end and inserting a semicolon; and 

14 (D) by adding at the end the following new 

15 paragraphs: 

16 ‘‘(3) the application does not provide for the ac17 tive involvement and participation of, and consulta18 tion with, residents, resident advisory boards, and 

19 resident councils of the public housing development 

20 that is subject to the application during the planning 

21 and implementation of the plan for demolition, relo22 cation, and replacement of the units; 

23 ‘‘(4) the proposed relocation, demolition, dis24 position, demolition or disposition or both pursuant 

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1 sion of replacement housing will not be carried out 

2 in a manner that affirmatively furthers fair housing, 

3 as described in section 808(e) of the Civil Rights Act 

4 of 1968 (42 U.S.C. 3608(e)), or that the measures 

5 proposed by the public housing agency to mitigate 

6 potential adverse impacts of the proposed relocation, 

7 demolition, disposition, demolition or disposition or 

8 both pursuant to conversion under section 22 or 33, 

9 or the provision of replacement housing on persons 

10 protected by section 804 of the Civil Rights Act of 

11 1968 (42 U.S.C. 3604), are clearly insufficient or 

12 inappropriate; or 

13 ‘‘(5) the Secretary determines that the proposed 

14 plan for relocation, demolition, disposition, demoli15 tion or disposition or both subsequent to conversion 

16 pursuant to section 22 or 33, or the provision of re17 placement housing does not comply with the require18 ments of subsection (e) of this section.’’; 

19 (5) by striking subsection (e) (as so redesig20 nated by paragraph (1) of this subsection) and in21 serting the following new subsection: 

22 ‘‘(e) REPLACEMENT UNITS.— 

23 ‘‘(1) REQUIREMENT TO REPLACE OR MAINTAIN

24 EACH UNIT.— 


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1 ‘‘(A) REPLACEMENT.—Except for demoli2 tion pursuant to subsection (g) or as provided 

3 in paragraph (2) of this subsection, each public 

4 housing dwelling unit demolished or disposed of 

5 after August 1, 2008, shall be replaced with a 

6 newly constructed, rehabilitated, or purchased 

7 public housing rental unit or with a newly con8 structed, rehabilitated, or purchased unit (in9 cluding through project-based assistance), and 

10 each public housing unit that is converted pur11 suant to section 22 or 33 shall be converted to 

12 project-based assistance. 

13 ‘‘(B) REQUIREMENTS APPLICABLE TO RE14 PLACEMENT UNITS.—Such replacement or con15 verted units shall be subject to requirements re16 garding eligibility for occupancy, tenant con17 tribution toward rent, and affordability restric18 tions that are consistent with such requirements 

19 for public housing dwelling units, and such re20 quirements shall not terminate unless units are 

21 replaced with a comparable number of units 

22 that are subject to the same requirements. 

23 ‘‘(C) INAPPLICABILITY OF CERTAIN

24 PROJECT-BASED VOUCHER REQUIREMENTS.— 

25 Subparagraphs (B) and (D) of section 8(o)(13) 


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1 of the United States Housing Act of 1936 (re2 lating to percentage limitation and income mix3 ing requirement of project-based assistance) 

4 shall not apply with respect to vouchers used to 

5 comply with the requirements of this para6 graph. 

7 ‘‘(2) WAIVER.—The requirement under para8 graph (1) may be waived by the Secretary with re9 spect to up to 10 percent of the total number of 

10 public housing units owned by a public housing 

11 agency in any 10-year period, if— 

12 ‘‘(A) a judgment, consent decree, or other 

13 order of a court limits the ability of the appli14 cant to comply with such requirements; or 

15 ‘‘(B) the public housing agency dem16 onstrates that there is an excess supply of af17 fordable rental housing in areas of low poverty 

18 and provides data showing that, in the area 

19 surrounding the project or projects in which 

20 such units are located— 

21 ‘‘(i) at least 80 percent of vouchers 

22 issued under section 8(o) of the United 

23 States Housing Act of 1937 over the last 

24 24 months to comparable families were 

25 successfully used to lease a dwelling unit 


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1 within 120 days of issuance or, if a suffi2 cient number of comparable families have 

3 not received vouchers, an alternative meas4 ure, as the Secretary shall design, is met; 

5 ‘‘(ii) existing voucher holders are 

6 widely dispersed geographically in areas of 

7 low poverty with access to public transpor8 tation, education, and other amenities, as 

9 determined by the Secretary, among the 

10 available private rental housing stock; and 

11 ‘‘(iii) the applicant provides a market 

12 analysis demonstrating that— 

13 ‘‘(I) there is a relatively high va14 cancy rate among units that would 

15 meet or exceed housing quality stand16 ards, as determined by the Secretary, 

17 within the market area with rent and 

18 utility costs not exceeding the applica19 ble payment standard under section 

20 8(o) of the United States Housing Act 

21 of 1937 (42 U.S.C. 1437f(o)); and 

22 ‘‘(II) such high vacancy rate 

23 within the market area is expected to 

24 continue for the next 5 years or 

25 longer. 


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1 ‘‘(3) CONTINUATION OF USE RESTRICTIONS.— 

2 In the event of a foreclosure or bankruptcy of an 

3 owner of such a property, notwithstanding any other 

4 provision of State or Federal law, such property 

5 shall remain subject to the requirements of any 

6 project-based rental assistance contract in existence 

7 at the time of the foreclosure or bankruptcy, the 

8 lease between the prior owner and tenants assisted 

9 under such contract, and any use agreement in ef10 fect immediately before the foreclosure or bank11 ruptcy filing, and a successor in interest in such 

12 property shall assume such contract, extensions, 

13 leases, and use agreement obligations, provided that 

14 the Secretary may modify this requirement if the 

15 Secretary determines that the converted units are 

16 not physically viable. 

17 ‘‘(4) OTHER REQUIREMENTS.—Admission to, 

18 administration of, and eviction from replacement 

19 housing units that are not public housing dwelling 

20 units shall be subject to the following provisions to 

21 the same extent as public housing dwelling units: 

22 ‘‘(A) Section 578 of the Quality Housing 

23 and Work Responsibility Act of 1998 (42 

24 U.S.C. 13663; relating to ineligibility of dan25 gerous sex offenders). 


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1 ‘‘(B) Section 16(f) of the United States 

2 Housing Act of 1937 (42 U.S.C. 1437n(f); re3 lating to ineligibility of certain drug offenders). 

4 ‘‘(C) Sections 20 and 21 of the United 

5 States Housing Act of 1937 (42 U.S.C. 1437r, 

6 1437s; relating to resident management). 

7 ‘‘(D) Section 25 of the United States 

8 Housing Act of 1937 (42 U.S.C. 1437w; relat9 ing to transfer of management at request of 

10 residents). 

11 ‘‘(E) Section 6(k) of the United States 

12 Housing Act of 1937 (42 U.S.C. 1437d(k); re13 lating to administrative grievance procedure). 

14 ‘‘(F) Section 6(f) of the United States 

15 Housing Act of 1937 (42 U.S.C. 1437d(f); re16 lating to housing quality requirements). 

17 ‘‘(G) Part 964 of title 24, Code of Federal 

18 regulations (relating to tenant participation and 

19 opportunities). 

20 ‘‘(5) RETENTION OF RIGHTS.—Tenants occu21 pying a replacement housing unit shall have all 

22 rights provided to tenants of public housing under 

23 this Act. 

24 ‘‘(6) SIZE.— 


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1 ‘‘(A) IN GENERAL.—Replacement units 

2 shall be of comparable size, unless a market 

3 analysis shows a need for other sized units, in 

4 which case such need shall be addressed. 

5 ‘‘(B) BEDROOMS.—The number of bed6 rooms within each replacement unit shall be 

7 sufficient to serve families displaced as a result 

8 of the demolition or disposition. Replacement 

9 units may include a greater number of bed10 rooms than the number of bedrooms in units 

11 replaced if an analysis of the waiting list of the 

12 public housing agency shows that more bed13 rooms are needed to accommodate families on 

14 the waiting list. 

15 ‘‘(7) LOCATION ON SITE.—At least one-third of 

16 all replacement units for public housing units demol17 ished shall be public housing units constructed on 

18 the original public housing location, unless the Sec19 retary determines that— 

20 ‘‘(A) construction on such location would 

21 result in the violation of a consent decree; or 

22 ‘‘(B) the land on which the public housing 

23 is located is environmentally unsafe, geologically 

24 unstable, or otherwise is unsuitable for the con25 struction of housing. 


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1 ‘‘(8) LOCATION IN OTHER AREAS.—Any re2 placement housing units provided in addition to 

3 dwelling units provided pursuant to paragraph (3) 

4 shall be provided in areas within the jurisdiction of 

5 the public housing agency having low concentrations 

6 of poverty, in a manner that furthers the economic 

7 and educational opportunities for residents.’’; 

8 (6) in subsection (f) (as so redesignated by 

9 paragraph (1) of this subsection)— 

10 (A) by striking the subsection designation 

11 and all that follow through ‘‘Nothing’’ and in12 serting the following: 

13 ‘‘(f) TREATMENT OF OCCUPANCY.— 

14 ‘‘(1) CONSOLIDATION OF OCCUPANCY WITHIN

15 OR AMONG BUILDINGS.—Nothing’’; 

16 (B) by inserting before the period at the 

17 end the following: ‘‘, except that, a public hous18 ing agency submitting an application for demo19 lition or disposition pursuant to this section 

20 may not consolidate any units during the period 

21 that begins upon submission of such application 

22 and ends upon approval of the application by 

23 the Secretary, except in cases of an imminent 

24 and substantial threat to health or safety’’; and 


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1 (C) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(2) DETERMINATION OF OCCUPANCY.—For 

4 purposes of this subsection, the number of public 

5 housing residents residing in a development shall be 

6 determined as of the date the initial public housing 

7 agency plan or a proposed amendment thereto indi8 cating an intent to apply for a demolition application 

9 pursuant to subsection (b) of this section is or 

10 should have been presented to the resident advisory 

11 board for consideration, or in the case of a demoli12 tion application due to a natural disaster, on the 

13 date of the natural disaster. 

14 ‘‘(3) RESIDENT PREFERENCES.—A public hous15 ing agency shall, not later than 30 days before sub16 mitting an application to the Secretary for demoli17 tion, disposition, or demolition or disposition or both 

18 pursuant to conversion under section 22 or 33— 

19 ‘‘(A) meet with and inform in writing all 

20 residents who occupied a public housing unit on 

21 the date determined in accordance with para22 graph (2) of this subsection of— 

23 ‘‘(i) the public housing agency’s intent 

24 to submit an application for demolition, 

25 disposition, or both; 


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1 ‘‘(ii) their right to return and reloca2 tion housing options; and 

3 ‘‘(iii) all planned replacement housing 

4 units; and 

5 ‘‘(B) solicit from each resident information 

6 regarding the resident’s desire to return to the 

7 replacement housing units constructed upon the 

8 original public housing location, interest in 

9 moving to other neighborhoods or communities, 

10 or interest in retaining a voucher for rental as11 sistance.’’; 

12 (7) by striking subsection (h) (as so redesig13 nated by paragraph (1) of this subsection) and in14 serting the following new subsection: 

15 ‘‘(h) RELOCATION, NOTICE, APPLICATION FOR

16 VOUCHERS, AND DATA.—In the case of all relocation ac17 tivities resulting from, or that will result from, demolition, 

18 disposition, or demolition or disposition or both pursuant 

19 to conversion under section 22 or 33 of this Act, of public 

20 housing dwelling units: 

21 ‘‘(1) UNIFORM RELOCATION AND REAL PROP22 ERTY ACQUISITION ACT.—The Uniform Relocation 

23 and Real Property Acquisition Policies Act of 1970 

24 (42 U.S.C. 4601 et seq.) shall apply. To the extent 

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1 flict, the provisions that provide greater protection 

2 to residents displaced by the demolition, disposition, 

3 or demolition and disposition, shall apply. 

4 ‘‘(2) RELOCATION PLAN.—The public housing 

5 agency shall submit to the Secretary, together with 

6 the application for demolition or disposition, a relo7 cation plan providing for the relocation of residents 

8 occupying the public housing for which the demoli9 tion or disposition application is proposed, which 

10 shall include— 

11 ‘‘(A) a statement of the estimated number 

12 of vouchers for rental assistance under section 

13 8 that will be needed for such relocation; 

14 ‘‘(B) identification of the location of the 

15 replacement dwelling units that will be made 

16 available for permanent occupancy; and 

17 ‘‘(C) a statement of whether any tem18 porary, off-site relocation of any residents is 

19 necessary and a description of the plans for 

20 such relocation. 

21 ‘‘(3) NOTICE UPON APPROVAL OF APPLICA22 TION.—Within a reasonable time after notice to the 

23 public housing agency of the approval of an applica24 tion for demolition or disposition, the public housing 

25 agency shall provide notice in writing, in plain and 


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1 non-technical language, to the residents of the public 

2 housing subject to the approved application that— 

3 ‘‘(A) states that the application has been 

4 approved; 

5 ‘‘(B) describes the process involved to relo6 cate the residents, including a statement that 

7 the residents may not be relocated until the 

8 conditions set forth in paragraph (10) have 

9 been met; 

10 ‘‘(C) provides information regarding relo11 cation options; 

12 ‘‘(D) advises residents of the availability of 

13 relocation counseling as required in paragraph 

14 (8); and 

15 ‘‘(E) provides information on the location 

16 of tenant-based vouchers issued by the agency. 

17 ‘‘(4) NOTICE BEFORE RELOCATION.—Except in 

18 cases of a substantial and imminent threat to health 

19 or safety, not later than 90 days before the date on 

20 which residents will be relocated, the public housing 

21 agency shall provide notice in writing, in plain and 

22 non-technical language, to each family residing in a 

23 public housing project that is subject to an approved 

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1 ance with such guidelines as the Secretary may issue 

2 governing such notifications, that— 

3 ‘‘(A) the public housing project will be de4 molished or disposed of; 

5 ‘‘(B) the demolition of the building in 

6 which the family resides will not commence 

7 until each resident of the building is relocated; 

8 and 

9 ‘‘(C) if temporary, off-site relocation is 

10 necessary, each family displaced by such action 

11 shall be offered comparable housing— 

12 ‘‘(i) that meets housing quality stand13 ards; 

14 ‘‘(ii) that is located in an area that is 

15 generally not less desirable than the loca16 tion of the displaced family’s housing, 

17 which shall include at least one unit lo18 cated in an area of low-poverty and one 

19 unit located within the neighborhood of the 

20 original public housing site; 

21 ‘‘(iii) that is identified and available 

22 to the family; and 

23 ‘‘(iv) which shall include— 

24 ‘‘(I) tenant-based assistance, ex25 cept that the requirement under this 


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1 subparagraph regarding offering of 

2 comparable housing shall be fulfilled 

3 by use of tenant-based assistance only 

4 upon the relocation of the family into 

5 such housing; 

6 ‘‘(II) project-based assistance; 

7 ‘‘(III) occupancy in a unit oper8 ated or assisted by the public housing 

9 agency at a rental rate paid by the 

10 family that is comparable to the rent11 al rate applicable to the unit from 

12 which the family is relocated; and 

13 ‘‘(IV) other comparable housing. 

14 ‘‘(5) SEARCH PERIOD.—Notwithstanding any 

15 other provision of law, in the case of a household 

16 that is provided tenant-based assistance for reloca17 tion of the household under this section, the period 

18 during which the household may lease a dwelling 

19 unit using such assistance shall not be shorter in du20 ration than the 150-day period that begins at the 

21 time a comparable replacement unit is made avail22 able to the family. If the household is unable to lease 

23 a dwelling unit using such assistance during such 

24 period, the public housing agency shall extend the 

25 period during which the household may lease a 


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1 dwelling unit using such assistance, or at the ten2 ant’s request, shall provide the tenant with the next 

3 available comparable public housing unit or com4 parable housing unit for which project-based assist5 ance is provided. 

6 ‘‘(6) PAYMENT OF RELOCATION EXPENSES.— 

7 The public housing agency shall provide for the pay8 ment of the actual and reasonable relocation ex9 penses, including security deposits, of each resident 

10 to be displaced and any other relocation expenses as 

11 are required by the Uniform Relocation Assistance 

12 and Real Property Acquisition Policies Act of 1970. 

13 ‘‘(7) COMPARABLE HOUSING.—The public hous14 ing agency shall ensure that each displaced resident 

15 is offered comparable housing in accordance with the 

16 notice under paragraph (4). 

17 ‘‘(8) COMPREHENSIVE RELOCATION COUN18 SELING.—The public housing agency shall provide 

19 all advisory programs and services as required by 

20 the Uniform Relocation Assistance and Real Prop21 erty Acquisition Policies Act of 1970 and counseling 

22 for residents who are displaced that shall fully in23 form residents to be displaced of all relocation op24 tions, which may include relocating to housing in a 

25 neighborhood with a lower concentration of poverty 


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1 than their current residence or remaining in the cur2 rent neighborhood. Such counseling shall also in3 clude providing school options for children and com4 prehensive housing search assistance for household 

5 that receive a voucher for tenant-based assistance. 

6 ‘‘(9) TIMING OF DEMOLITION OR DISPOSI7 TION.—The public housing agency shall not com8 mence demolition or complete disposition of a build9 ing subject to the approved application until all resi10 dents residing in the building are relocated. 

11 ‘‘(10) AFFIRMATIVE FURTHERANCE OF FAIR

12 HOUSING.—The public housing agency shall have ob13 tained data regarding, and analyzed the potential 

14 impact of, the proposed demolition or disposition 

15 and relocation on persons protected by section 804 

16 of the Civil Rights Act of 1968 (42 U.S.C. 3604), 

17 including the tenants residing in the public housing 

18 project, occupants of the surrounding neighborhood, 

19 and neighborhoods into which project tenants are 

20 likely to be relocated, and persons on the agency’s 

21 waiting list, has described in the application for 

22 demolition or disposition actions that the public 

23 housing agency has taken or will take to mitigate 

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1 porting information, that the proposed demolition or 

2 disposition, relocation, or replacement housing will 

3 be carried out in a manner that affirmatively fur4 thers fair housing, as described in section 808(e) of 

5 the Civil Rights Act of 1968 (42 U.S.C. 3608(e)). 

6 ‘‘(11) TIMING OF RELOCATION.—The public 

7 housing agency shall not commence relocation prior 

8 to approval by the Secretary of the application for 

9 demolition or disposition, except in the case of a 

10 substantial and imminent threat to health or safety. 

11 ‘‘(12) APPLICATION FOR VOUCHERS.—The pub12 lic housing agency shall submit to the Secretary an 

13 application for vouchers consistent with the obliga14 tions in subsection (e) (relating to replacement 

15 units) and the relocation obligations of this sub16 section at the same time that the agency submits the 

17 application for demolition or disposition.’’; 

18 (8) in subsection (i) (as so redesignated by 

19 paragraph (1) of this subsection), by striking ‘‘may’’ 

20 and inserting ‘‘shall’’; and 

21 (9) by adding at the end the following new sub22 sections: 

23 ‘‘(j) RIGHT OF RETURN.— 

24 ‘‘(1) RIGHT.—Any person who, on the date de25 termined in accordance with subsection (f)(2), occuVerDate Mar 15 2010 00:10 Jul 24, 2010 Jkt 089200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H5814.IH H5814

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1 pies a public housing unit that is the subject of an 

2 application for demolition, disposition, or demolition 

3 or disposition or both subsequent to conversion pur4 suant to section 22 or 33, and whose tenancy or 

5 right of occupancy has not been validly terminated 

6 pursuant to section 6 or 8(o), shall be eligible to oc7 cupy a replacement housing unit. 

8 ‘‘(2) REQUIREMENT TO ALLOW RETURN.—A 

9 public housing agency or any other manager of re10 placement housing units shall not, through the appli11 cation of any additional eligibility, screening, occu12 pancy, or other policy or practice, prevent any per13 son otherwise eligible under paragraph (1) from oc14 cupying a replacement housing unit. Such replace15 ment dwelling unit shall be made available to each 

16 household displaced as a result of a demolition, dis17 position, or demolition or disposition or both pursu18 ant to conversion under section 22 or 33 before any 

19 replacement dwelling unit is made available to any 

20 other eligible household. 

21 ‘‘(k) ENFORCEMENT.—Any affected person shall 

22 have the right to enforce this section pursuant to section 

23 1979 of the Revised Statutes of the United States (42 

24 U.S.C. 1983). Nothing in this section may be construed 


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1 to limit the rights and remedies available under State or 

2 local law to any affected person.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall take effect upon the date of the enact5 ment of this Act and shall apply to any demolition, disposi6 tion, or demolition and disposition, or both pursuant to 

7 conversion under section 22 or 33 of the United States 

8 Housing Act of 1937 (42 U.S.C. 1437t, 1437z–5) that 

9 is approved by the Secretary after such date of the enact10 ment. 

11 SEC. 203. AUTHORITY TO CONVERT PUBLIC HOUSING TO 

12 VOUCHERS. 

13 Section 22 of the United States Housing Act of 1937 

14 (42 U.S.C. 1437t) is amended by adding at the end the 

15 following new subsection: 

16 ‘‘(g) ADMINISTRATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary may require 

18 a public housing agency to provide to the Secretary 

19 or to public housing residents such information as 

20 the Secretary considers to be necessary for the ad21 ministration of this section. 

22 ‘‘(2) APPLICABILITY OF SECTION 18.—Section 

23 18 shall apply to the subsequent demolition or dis24 position of public housing dwelling units removed 


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1 from the inventory of the public housing agency pur2 suant to this section.’’. 

3 SEC. 204. REQUIRED CONVERSION OF DISTRESSED PUBLIC 

4 HOUSING TO TENANT-BASED ASSISTANCE. 

5 Section 33(h)(2) of the United States Housing Act 

6 of 1937 (42 U.S.C. 1437z–5(h)(2)) is amended by striking 

7 ‘‘shall not apply to the demolition of public housing 

8 projects’’ and inserting ‘‘shall apply to the subsequent 

9 demolition or disposition of public housing dwelling units’’. 

10 SEC. 205. REGULATIONS. 

11 Not later than the expiration of the 120-day period 

12 beginning on the date of the enactment of this Act, the 

13 Secretary of Housing and Urban Development shall issue 

14 regulations to carry out this title and the amendments 

15 made by this title. 

16 TITLE III—PUBLIC HOUSING 

17 PRESERVATION AND REHA18 BILITATION 

19 SEC. 301. SHORT TITLE. 

20 This title may be cited as the ‘‘Public Housing Pres21 ervation and Rehabilitation Act of 2010’’. 

22 SEC. 302. LEVERAGING OF OTHER ASSISTANCE. 

23 (a) CAPITAL FUND LOAN GUARANTEES.—Subsection 

24 (d) of section 9 of the United States Housing Act of 1937 


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1 (42 U.S.C. 1437g(d)) is amended by adding at the end 

2 the following new paragraph: 

3 ‘‘(4) LOAN GUARANTEES.— 

4 ‘‘(A) AUTHORITY.—The Secretary may, 

5 upon such terms and conditions as the Sec6 retary may prescribe, guarantee and make com7 mitments to guarantee notes or other obliga8 tions issued by public housing agencies for the 

9 purposes of financing— 

10 ‘‘(i) the rehabilitation of public hous11 ing owned by the agency; or 

12 ‘‘(ii) the modernization, through en13 ergy efficiency improvements, of public 

14 housing units owned by the agency. 

15 ‘‘(B) LIMITATION.—A guarantee under 

16 this paragraph may be used to assist a public 

17 housing agency in obtaining financing only if 

18 the housing agency provides evidence sufficient, 

19 in the determination of the Secretary, to dem20 onstrate that— 

21 ‘‘(i) it is not able to finance the im22 provements without such a guarantee; or 

23 ‘‘(ii) the use of such a guarantee will 

24 result in substantially lower financing costs 

25 or interest rate. 


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1 ‘‘(C) TERMS.—Notes or other obligations 

2 guaranteed pursuant to this section shall be in 

3 such form and denominations, have such matu4 rities, and be subject to such conditions as may 

5 be prescribed by regulations issued by the Sec6 retary. The term of such loan guarantee shall 

7 not exceed 20 years. 

8 ‘‘(D) USE OF CAPITAL FUNDS.—Funds al9 located to an issuer pursuant to section 9(d) 

10 may be used for payment of principal and inter11 est due (including such servicing, underwriting, 

12 or other costs as may be specified in regulations 

13 of the Secretary) on notes or other obligations 

14 guaranteed pursuant to this paragraph. 

15 ‘‘(E) REPAYMENT.— 

16 ‘‘(i) CONTRACT; PLEDGE.—To ensure 

17 the repayment of notes or other obligations 

18 guaranteed under this paragraph and 

19 charges incurred under this paragraph and 

20 as a condition for receiving such guaran21 tees, the Secretary shall require the issuer 

22 of any such note or obligation to— 

23 ‘‘(I) enter into a contract, in a 

24 form acceptable to the Secretary, for 


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1 repayment of notes or other obliga2 tions so guaranteed; and 

3 ‘‘(II) pledge any grant or alloca4 tion for which the issuer is or may be5 come eligible under this Act for the 

6 repayment of notes or other obliga7 tions so guaranteed. 

8 ‘‘(ii) CREDITING OF GRANTS.—The 

9 Secretary may, notwithstanding any other 

10 provision of this Act, apply grants pledged 

11 pursuant to clause (i)(II) of this subpara12 graph to any repayments due the United 

13 States as a result of such guarantees. 

14 ‘‘(F) FULL FAITH AND CREDIT.—The full 

15 faith and credit of the United States is pledged 

16 to the payment of all guarantees made under 

17 this paragraph. Any such guarantee made by 

18 the Secretary shall be conclusive evidence of the 

19 eligibility of the obligations for such guarantee 

20 with respect to principal and interest, and the 

21 validity of any such guarantee so made shall be 

22 incontestable in the hands of a holder of the 

23 guaranteed obligations. 

24 ‘‘(G) AMOUNT.—Subject only to the ab25 sence of qualified requests for guarantees and 


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1 to the availability of amounts to cover the costs 

2 (as such term is defined in section 502 of the 

3 Federal Credit Reform Act of 1990 (2 U.S.C. 

4 661a)), as are provided in advance in appro5 priation Acts, the Secretary shall enter into 

6 commitments to guarantee notes and obliga7 tions under this paragraph having an aggregate 

8 principal amount of $500,000,000 each for fis9 cal years 2011, 2012, and 2013.’’. 

10 (b) UTILITY AND WASTE MANAGEMENT COST SAV11 INGS.—Subparagraph (C) of section 9(e)(2) of the United 

12 States Housing Act of 1937 (42 U.S.C. 1437g(e)(2)(C)) 

13 is amended— 

14 (1) by striking the subparagraph designation 

15 and heading and all that follows through ‘‘Contracts 

16 described in clause (i)’’ in clause (ii) and inserting 

17 the following: 

18 ‘‘(C) TREATMENT OF UTILITY AND WASTE

19 MANAGEMENT COST SAVINGS.— 

20 ‘‘(i) IN GENERAL.—The treatment of 

21 utility and waste management costs under 

22 the formula shall provide that a public 

23 housing agency shall receive the full finan24 cial benefit from any reduction in the cost 

25 of utilities or waste management resulting 


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1 from energy conservation improvements in 

2 one or more of its public housing projects, 

3 subject to the following: 

4 ‘‘(I) THIRD PARTY CON5 TRACTS.—In the case of energy con6 servation improvements in public 

7 housing undertaken pursuant to a 

8 contract with a third party, such con9 tracts’’; 

10 (2) in clauses (iii) and (iv), by striking ‘‘clause 

11 (i)’’ each place such term appears and inserting 

12 ‘‘subclause (I)’’; 

13 (3) in clause (iv), by striking ‘‘the date of the 

14 enactment of this clause’’ and inserting ‘‘December 

15 26, 2007,’’; 

16 (4) by redesignating clauses (iii) and (iv) as 

17 subclauses (II) and (III), respectively, and realigning 

18 such subclauses, as so redesignated, so as to be in19 dented 8 ems from the left margin; and 

20 (5) by adding at the end the following new 

21 clauses: 

22 ‘‘(ii) FINANCING OF IMPROVE23 MENTS.—Energy conservation improve24 ments may be undertaken pursuant to a 

25 contract for the improvements only, and 


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1 the public housing agency may finance 

2 such improvements for a period of up to 

3 20 years. A public housing agency may 

4 pledge operating assistance under this sub5 section as security for such financings in 

6 an amount not to exceed the lesser of— 

7 ‘‘(I) the amount of the debt serv8 ice, plus such appropriate debt service 

9 coverage factor as the Secretary may 

10 establish; and 

11 ‘‘(II) the amount of the reason12 ably anticipated utility cost savings 

13 resulting from the improvements, as 

14 determined by the Secretary. 

15 The Secretary may also permit the pledg16 ing of the installed equipment related to 

17 such improvements. 

18 ‘‘(iii) FREEZE OF CONSUMPTION LEV19 ELS.— 

20 ‘‘(I) IN GENERAL.—A public 

21 housing agency may elect to be paid 

22 for its utility costs, including utility 

23 allowances, under the formula for a 

24 period, at the discretion of the agency, 

25 of not longer than 20 years based on 


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1 the agency’s average annual consump2 tion during the 3-years period pre3 ceding the year in which the election 

4 is made (in this clause referred to as 

5 the ‘consumption base level’. 

6 ‘‘(II) INITIAL ADJUSTMENTS IN

7 CONSUMPTION BASE LEVEL.—The 

8 Secretary shall make an initial one9 time adjustment in the consumption 

10 base level to account for differences in 

11 the heating degree day average over 

12 the most recent 20-year period com13 pared to the average in the consump14 tion base level. 

15 ‘‘(III) ONGOING ADJUSTMENTS

16 IN CONSUMPTION BASE LEVEL.—The 

17 Secretary shall make adjustments in 

18 the consumption base level to account 

19 for an increase or reduction in units, 

20 a change in fuel source, a change in 

21 resident-controlled electricity con22 sumption, or for such other reasons as 

23 the Secretary considers appropriate. 

24 ‘‘(IV) THIRD PARTIES.—A public 

25 housing agency making an election 


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1 under subclause (I) may use, but shall 

2 not be required to use, the services of 

3 a third party in its energy conserva4 tion program. The agency shall have 

5 the sole discretion to determine the 

6 source, terms, and conditions of any 

7 financing used for its program.’’. 

8 (c) REQUIREMENTS FOR PROPERTIES WITH HOUS9 ING TAX CREDITS.—Section 9 of the United States Hous10 ing Act of 1937 (42 U.S.C. 1437g) is amended by adding 

11 at the end the following new subsection: 

12 ‘‘(n) REQUIREMENTS FOR PROPERTIES WITH HOUS13 ING TAX CREDITS.—Public housing agencies that utilize 

14 tax credits under section 42 of the Internal Revenue Code 

15 of 1986 for rental housing units that are currently or for16 merly assisted under subsection (d) or (e) with respect to 

17 such units shall provide for— 

18 ‘‘(1) an option for the public housing agency to 

19 purchase limited partnership interests in a property 

20 containing such units after the tax compliance pe21 riod under section 42; 

22 ‘‘(2) a provision to give a public housing agency 

23 an active role in property management decisions of 

24 such housing; or 


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1 ‘‘(3) such other provision or provisions as the 

2 Secretary may establish to ensure the preservation 

3 of the interest of the public housing agency in the 

4 property.’’. 

5 SEC. 303. CAPITAL FUND FLEXIBILITY. 

6 (a) NEW DEVELOPMENT FLEXIBILITY.—Subsection 

7 (g) of section 9 of the United States Housing Act of 1937 

8 (42 U.S.C. 1437g(g)) is amended by striking paragraph 

9 (3). 

10 (b) REHABILITATION FLEXIBILITY.—Subsection (d) 

11 of section 9 of the United States Housing Act of 1937 

12 (42 U.S.C. 1437g(d)) is amended by adding at the end 

13 the following new paragraph: 

14 ‘‘(4) USE FOR UNITS NOT INCLUDED IN FOR15 MULA.—A public housing agency may use amounts 

16 provided under this subsection for the purposes 

17 specified in subparagraphs (A), (C), (I), and (K) of 

18 paragraph (1) for public housing dwelling units not 

19 included in the formula established pursuant to 

20 paragraph (2), but only if— 

21 ‘‘(A) the agency agrees— 

22 ‘‘(i) to continue to operate and main23 tain any housing assisted with such funds 

24 under the current terms and conditions for 

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1 riod that begins on the latest date on 

2 which modernization using such amounts 

3 was completed; or 

4 ‘‘(ii) to return any amounts provided 

5 under this paragraph to the Secretary; and 

6 ‘‘(B) the agency certifies to the Secretary 

7 that dwelling units owned and operated by the 

8 public housing agency that are included in the 

9 formula established pursuant to paragraph (2) 

10 are being maintained and the funds amounts 

11 being used under this authority will not be 

12 needed for such maintenance.’’. 

13 SEC. 304. GRANTS FOR CONVERSION OF PUBLIC HOUSING 

14 PROJECTS TO ASSISTED LIVING FACILITIES. 

15 Title I of the United States Housing Act of 1937 (42 

16 U.S.C. 1437 et seq.) is amended by adding at the end 

17 the following new section: 

18 ‘‘SEC. 37. GRANTS FOR CONVERSION OF PUBLIC HOUSING 

19 PROJECTS TO ASSISTED LIVING FACILITIES. 

20 ‘‘(a) AUTHORITY.—The Secretary may make grants 

21 in accordance with this section to public housing agencies 

22 for use for activities designed to convert dwelling units in 

23 eligible projects described in subsection (b) to assisted liv24 ing facilities for elderly persons. 


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1 ‘‘(b) ELIGIBLE PROJECTS.—An eligible project de2 scribed in this subsection is a public housing project (or 

3 a portion thereof) that has been designated under section 

4 7 for occupancy only by elderly persons. 

5 ‘‘(c) APPLICATIONS.—Applications for grants under 

6 this section shall be submitted to the Secretary in accord7 ance with such procedures as the Secretary shall establish. 

8 Such applications shall contain— 

9 ‘‘(1) a description of the proposed conversion 

10 activities for which a grant under this section is re11 quested; 

12 ‘‘(2) a statement of the amount of the grant re13 quested; 

14 ‘‘(3) a description of the resources that are ex15 pected to be made available, if any, in conjunction 

16 with the grant under this section; and 

17 ‘‘(4) such other information or certifications 

18 that the Secretary determines to be necessary or ap19 propriate. 

20 ‘‘(d) FUNDING FOR SERVICES.—The Secretary may 

21 not make a grant under this section unless the application 

22 contains sufficient evidence, in the determination of the 

23 Secretary, of firm commitments for the funding of services 

24 to be provided in the assisted living facility. 


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1 ‘‘(e) SELECTION CRITERIA.—The Secretary shall se2 lect applications for grants under this section based upon 

3 selection criteria, which shall be established by the Sec4 retary and shall include— 

5 ‘‘(1) the extent to which the conversion is likely 

6 to provide assisted living facilities that are needed or 

7 are expected to be needed by the categories of elder8 ly persons that the assisted living facility is intended 

9 to serve; 

10 ‘‘(2) the extent to which the public housing 

11 agency is not able to fund the conversion activities 

12 from existing financial resources, as evidenced by 

13 the agency’s financial records; 

14 ‘‘(3) the extent to which the agency has evi15 denced community support for the conversion, by 

16 such indicators as letters of support from the local 

17 community for the conversion and financial contribu18 tions from public and private sources; 

19 ‘‘(4) the extent to which the applicant dem20 onstrates a strong commitment to promoting the au21 tonomy and independence of the elderly persons that 

22 the assisted living facility is intended to serve; 

23 ‘‘(5) the quality, completeness, and managerial 

24 capability of providing the services which the as25 sisted living facility intends to provide to elderly 


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1 residents, especially in such areas as meals, 24-hour 

2 staffing, and on-site health care; and 

3 ‘‘(6) such other criteria as the Secretary deter4 mines to be appropriate to ensure that funds made 

5 available under this section are used effectively. 

6 ‘‘(f) DEFINITION.—For the purposes of this section, 

7 the term ‘assisted living facility’ has the meaning given 

8 such term in section 232(b) of the National Housing Act 

9 (12 U.S.C. 1715w(b)). 

10 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated for providing grants 

12 under this section such sums as may be necessary for each 

13 of fiscal years 2011, 2012, 2013, 2014, and 2015.’’. 

14 TITLE IV—PILOT PROGRAM TO 

15 TRAIN PUBLIC HOUSING 

16 RESIDENTS TO PROVIDE 

17 HOME-BASED HEALTH SERV18 ICES 

19 SEC. 401. SHORT TITLE. 

20 This title may be cited as the ‘‘Together We Care 

21 Act of 2010’’. 

22 SEC. 402. FINDINGS AND PURPOSE. 

23 (a) FINDINGS.—The Congress finds the following: 


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1 (1) The ‘‘baby boom’’ generation will require 

2 health care attention that will exceed the current 

3 supply of health care providers. 

4 (2) There is a shortage of training programs 

5 specializing in health care and long-term services 

6 that focus on home care instead of institutionalized 

7 care. 

8 (3) Although the need for home-based health 

9 services transcends all income levels, the availability 

10 of such services is more limited for residents of pub11 lic housing. 

12 (4) Estimates indicate that there are 

13 44,000,000 caregivers in the United States pro14 viding unpaid care to at least one adult, representing 

15 22,900,000 households. 

16 (5) Of working persons providing unpaid care, 

17 62 percent have had to make adjustments to work 

18 schedules or leave employment. 

19 (6) Many low-income families in the United 

20 States are placed in an untenable position of choos21 ing between work and caregiving responsibilities at 

22 home. 

23 (7) Many residents of public housing in the 

24 United States are aging and in need of care. 


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1 (8) The Department of Housing and Urban De2 velopment estimates the percentage of households 

3 assisted by the Department that are elderly house4 holds is 35 percent in New York, 33 percent in Bos5 ton, 35 percent in Chicago, 24 percent in Cleveland, 

6 40 percent in Los Angeles, and 20 percent in Puerto 

7 Rico. 

8 (9) New service programs are needed to provide 

9 home-based health services to residents of public 

10 housing and to provide job training and job place11 ment for persons receiving assistance from the De12 partment of Housing and Urban Development need13 ing employment. 

14 (10) The Department of Housing and Urban 

15 Development should establish a home-based health 

16 services pilot program to meet the challenges of the 

17 increasing number of elderly persons and persons 

18 with disabilities in public housing, which would si19 multaneously create an opportunity to train job 

20 seekers in a trade that provides home-based health 

21 services. 

22 (b) PURPOSES.—The purposes of this title are— 

23 (1) to give flexibility to the Department of 

24 Housing and Urban Development and other entities 


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1 to establish training programs in home-based health 

2 services for public housing residents; and 

3 (2) to provide needed home care options to el4 derly and disabled public housing residents (includ5 ing elderly and disabled veterans who are public 

6 housing residents) and elderly and disabled residents 

7 of federally-assisted rental housing to allow them to 

8 remain in their homes and their communities. 

9 SEC. 403. PILOT GRANT PROGRAM TO TRAIN PUBLIC HOUS10 ING RESIDENTS TO PROVIDE COVERED 

11 HOME-BASED HEALTH SERVICES. 

12 Section 34 of the United States Housing Act of 1937 

13 (42 U.S.C. 1437z–6) is amended by adding at the end 

14 the following new subsections: 

15 ‘‘(f) PILOT GRANT PROGRAM TO TRAIN PUBLIC

16 HOUSING RESIDENTS TO PROVIDE COVERED HOME17 BASED HEALTH SERVICES.— 

18 ‘‘(1) ESTABLISHMENT OF PILOT GRANT PRO19 GRAM.—The Secretary, in consultation with the Sec20 retary of Health and Human Services, shall estab21 lish a competitive grant program to make grants to 

22 eligible entities under paragraph (2) for use for the 

23 training of public housing residents as home health 

24 aides and as providers of home-based health services 

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1 able such residents to provide covered home-based 

2 health services to— 

3 ‘‘(A) residents of public housing who are 

4 elderly or disabled, or both (including elderly 

5 and disabled veterans who are residents of pub6 lic housing); and 

7 ‘‘(B) subject to the criteria set forth pur8 suant to paragraph (3), residents of federally9 assisted rental housing who are elderly or dis10 abled, or both. 

11 ‘‘(2) ELIGIBLE ENTITIES.—A grant under this 

12 subsection may be made only to an entity that— 

13 ‘‘(A) is a public housing agency or other 

14 unit of State or local government (including an 

15 agency of such unit), community health center, 

16 home care provider organization, faith-based or17 ganization, labor organization, or other organi18 zation determined to be qualified by the Sec19 retary; and 

20 ‘‘(B) demonstrates to the satisfaction of 

21 the Secretary that it has established, or pro22 vides such assurances that it will establish, an 

23 employment training program to train public 

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1 based health services that complies with regula2 tions that the Secretary shall issue. 

3 ‘‘(3) RESIDENTS OF FEDERALLY-ASSISTED

4 RENTAL HOUSING.—The Secretary may set forth 

5 criteria under which an entity receiving funding 

6 under this subsection may train public housing resi7 dents to provide covered home-based health services 

8 to elderly and disabled residents of federally-assisted 

9 rental housing. 

10 ‘‘(4) APPLICATION.—To be eligible for a grant 

11 under this subsection an eligible entity under para12 graph (2) shall submit to the Secretary an applica13 tion at such time, in such manner, and containing 

14 such information as the Secretary shall require. 

15 ‘‘(5) COMPETITIVE GRANT AWARDS.— 

16 ‘‘(A) GENERAL CRITERIA FOR SELEC17 TION.—The Secretary shall establish policies 

18 and procedures for reviewing and approving 

19 funding for eligible entities through a competi20 tive process taking into consideration— 

21 ‘‘(i) with respect to the service area in 

22 which public housing residents trained 

23 under an employment training program de24 scribed in paragraph (2)(B) will provide 

25 covered home-based health services— 


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1 ‘‘(I) the percentage of residents 

2 age 62 and older; 

3 ‘‘(II) the percentage of disabled 

4 residents; and 

5 ‘‘(III) the percentage of unem6 ployed or underemployed residents; 

7 ‘‘(ii) the ability of an eligible entity to 

8 provide training that leads to the provision 

9 of quality care; 

10 ‘‘(iii) the record of the quality of care 

11 of an eligible entity; and 

12 ‘‘(iv) such other criteria as determined 

13 by the Secretary. 

14 ‘‘(B) GEOGRAPHIC CONSIDERATION.—In 

15 awarding grants, the Secretary shall consider a 

16 geographic mix of a variety of eligible entities 

17 so that the grant program will include at 

18 least— 

19 ‘‘(i) one employment training program 

20 described in paragraph (2)(B) that pri21 marily serves an urban population; 

22 ‘‘(ii) one employment training pro23 gram described in paragraph (2)(B) that 

24 primarily serves a rural population; 


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1 ‘‘(iii) one employment training pro2 gram described in paragraph (2)(B) that 

3 primarily serves an Indian population; and 

4 ‘‘(iv) one employment training pro5 gram described in paragraph (2)(B) that 

6 primarily serves a population in the Com7 monwealth of Puerto Rico, the United 

8 States Virgin Islands, Guam, American 

9 Samoa, or the Commonwealth of the 

10 Northern Mariana Islands. 

11 ‘‘(6) USE OF GRANT FUNDS.—An entity receiv12 ing funding under this subsection may use such 

13 funds— 

14 ‘‘(A) to establish (or maintain) and carry15 out an employment training program to train 

16 public housing residents to provide covered 

17 home-based health care services to elderly and 

18 disabled public housing residents and elderly 

19 and disabled residents of federally-assisted rent20 al housing; 

21 ‘‘(B) for the transportation expenses of 

22 public housing residents in training under such 

23 an employment training program; 


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1 ‘‘(C) for the child care expenses of public 

2 housing residents in training under such an em3 ployment training program; 

4 ‘‘(D) for the administrative expenses of 

5 carrying out such an employment training pro6 gram; and 

7 ‘‘(E) for any other activity the Secretary 

8 determines appropriate. 

9 ‘‘(7) REPORT TO CONGRESS.—Not later than 

10 24 months after the date of the enactment of the 

11 Together We Care Act of 2010, the Secretary shall 

12 submit to Congress a report on the use and impact 

13 of the grant program established by this subsection. 

14 The report shall include— 

15 ‘‘(A) a review of the effectiveness of the 

16 program in— 

17 ‘‘(i) providing jobs for public housing 

18 residents; 

19 ‘‘(ii) meeting the unmet health and 

20 long-term care needs of elderly and dis21 abled residents of public housing and elder22 ly and disabled residents of federally-as23 sisted rental housing; and 

24 ‘‘(iii) enabling the provision of quality 

25 care; and 


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1 ‘‘(B) any recommendations the Secretary 

2 determines appropriate regarding the grant pro3 gram. 

4 ‘‘(8) DEFINITIONS.—As used in this subsection, 

5 subsection (g), and subsection (h): 

6 ‘‘(A) HOME-BASED HEALTH SERVICES.— 

7 The term ‘home-based health services’ means 

8 health care and long-term services provided to 

9 an individual in a place of residence used as 

10 such individual’s home and includes— 

11 ‘‘(i) home health services described in 

12 section 1861(m) of the Social Security Act 

13 (42 U.S.C. 1395x(m)); 

14 ‘‘(ii) personal care services described 

15 in section 1905(a)(24) of such Act (42 

16 U.S.C. 1396d(a)(24)); and 

17 ‘‘(iii) home-based services which may 

18 be covered under a waiver under subsection 

19 (c) or (d) of section 1915 of such Act (42 

20 U.S.C. 1396n). 

21 ‘‘(B) HOME HEALTH AIDE.—The term 

22 ‘home health aide’ has the meaning given the 

23 term in section 1891(a)(3)(E) of the Social Se24 curity Act (42 U.S.C. 1395bbb(a)(3)(E)). 


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1 ‘‘(C) COVERED.—The term ‘covered’ 

2 means, with respect to home-based health serv3 ices, such services— 

4 ‘‘(i) for which medical assistance is 

5 available under a State plan under title 

6 XIX of the Social Security Act; or 

7 ‘‘(ii) for which financial assistance is 

8 available under subsection (g). 

9 ‘‘(D) FEDERALLY-ASSISTED RENTAL

10 HOUSING.—The term ‘federally-assisted rental 

11 housing’ means— 

12 ‘‘(i) housing assisted under section 

13 202 of the Housing Act of 1959 (12 

14 U.S.C. 1701q); 

15 ‘‘(ii) housing assisted under section 

16 515 of the Housing Act of 1949 (42 

17 U.S.C. 1485); 

18 ‘‘(iii) housing assisted under section 8 

19 of the United States Housing Act of 1937 

20 (42 U.S.C. 1437f) (including project-based 

21 and tenant-based assistance); 

22 ‘‘(iv) housing assisted under the block 

23 grant program under the Native American 

24 Housing Assistance and Self-Determina25 tion Act of 1996 (25 U.S.C. 4101 et seq.); 


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1 ‘‘(v) housing financed by a mortgage 

2 insured under section 221(d)(3) of the Na3 tional Housing Act (12 U.S.C. 

4 1715l(d)(3)) or held by the Secretary, a 

5 State, or State agency; and 

6 ‘‘(vi) housing assisted under section 

7 811 of the Cranston-Gonzalez National Af8 fordable Housing Act (42 U.S.C. 8013). 

9 ‘‘(9) INAPPLICABILITY OF PREVIOUS SUB10 SECTIONS.—Subsections (a) through (e) shall not 

11 apply to this subsection, subsection (g), and sub12 section (h). 

13 ‘‘(10) RULE OF CONSTRUCTION.—This sub14 section and subsection (g) may not be construed as 

15 affecting any requirement under State law for train16 ing, licensure, or any other certification as a home 

17 health aide or as a provider of any home-based 

18 health service under this subsection and subsection 

19 (g). 

20 ‘‘(11) REGULATIONS.—Not later than 6 months 

21 after the date of enactment of the Together We Care 

22 Act of 2010, the Secretary shall issue regulations to 

23 carry out this subsection. 

24 ‘‘(12) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated $2,500,000 


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1 for each of the fiscal years 2011, 2012, and 2013, 

2 for grants under this subsection. 

3 ‘‘(g) FINANCIAL ASSISTANCE FOR HOME-BASED

4 HEALTH SERVICES IN CERTAIN JURISDICTIONS.— 

5 ‘‘(1) FINANCIAL ASSISTANCE.—The Secretary, 

6 in consultation with the Secretary of Health and 

7 Human Services, may provide financial assistance 

8 under this subsection to entities receiving grant 

9 funds under the pilot program established under 

10 subsection (f) that provide training for public hous11 ing residents as home health aides and as providers 

12 of home-based health services and provide (or pay 

13 for) such services for use only for their costs in pro14 viding (or paying for) such services to— 

15 ‘‘(A) residents of public housing who are 

16 elderly or disabled, or both (including elderly or 

17 disabled veterans who are residents of public 

18 housing); or 

19 ‘‘(B) at the discretion of the Secretary, 

20 residents of federally-assisted rental housing 

21 who are elderly or disabled, or both. 

22 ‘‘(2) REQUIREMENTS.— 

23 ‘‘(A) LOCATION.—Assistance under para24 graph (1) may be provided only for services fur25 nished in locations in which medical assistance 


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1 for home-based health services is not available 

2 under a State plan under title XIX of the So3 cial Security Act. 

4 ‘‘(B) TRAINED PUBLIC HOUSING RESI5 DENTS.—Assistance under paragraph (1) may 

6 be used only for costs of services described in 

7 paragraph (1) that are provided by public hous8 ing residents trained by an entity receiving 

9 grant funds under the pilot program established 

10 under subsection (f). 

11 ‘‘(3) ELIGIBILITY.—To be eligible for financial 

12 assistance under this subsection an entity shall— 

13 ‘‘(A) provide such assurances as the Sec14 retary shall require that it will use the funds 

15 only as provided in paragraphs (1) and (2); 

16 ‘‘(B) submit to the Secretary an applica17 tion at such time, in such manner, and con18 taining such information as the Secretary re19 quires; and 

20 ‘‘(C) comply with such other terms and 

21 conditions as the Secretary shall establish to 

22 carry out this subsection. 

23 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated $2,500,000 


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1 for each of the fiscal years 2011, 2012, and 2013, 

2 for financial assistance under this subsection. 

3 ‘‘(h) IMPACT OF INCOME ON ELIGIBILITY FOR HOUS4 ING BENEFITS.—For any resident of public housing who 

5 is trained as a home health aide or as a provider of home6 based health services pursuant to the program under sub7 section (f), any income received by such resident for pro8 viding covered home-based health services shall apply to9 wards eligibility for benefits under Federal housing pro10 grams as follows: 

11 ‘‘(1) No income received shall apply for the 12 

12 months after the completion of the training of such 

13 resident. 

14 ‘‘(2) Twenty-five percent of income received 

15 shall apply for the period that is 12 to 24 months 

16 after the completion of the training of such resident. 

17 ‘‘(3) Fifty percent of income received shall 

18 apply for the period that is 24 to 36 months after 

19 the completion of the training of such resident. 

20 ‘‘(4) One hundred percent of income received 

21 shall apply for any period that begins after 36 

22 months after the completion of the training of such 

23 resident.’’. 

Æ 


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