(B)(i) is subject to an annual block grant
contract under title II; or
(ii) was subject to an annual block grant
contract under title II (or an annual contribu-
tions contract under the United States Housing
Act of 1937) which is not in effect, but for which
occupancy is limited in accordance with the re-
quirements under section 222(a).
(21) PUBLIC HOUSING AGENCY.—The term ‘‘pub-
lic housing agency’’ is defined in section 103.
(22) RESIDENT
COUNCIL.—The term ‘‘resident
council’’ means an organization or association that
meets the requirements of section 234(a).
(23) RESIDENT
MANAGEMENT
CORPORATION.—
The term ‘‘resident management corporation’’ means
a corporation that meets the requirements of section
234(b)(2).
(24) RESIDENT PROGRAM.—The term ‘‘resident
programs and services’’ means programs and services
for families residing in public housing developments.
Such term includes (A) the development and mainte-
nance of resident organizations which participate in
the management of public housing developments, (B)
the training of residents to manage and operate the
public housing development and the utilization of
their services in management and operation of the de-
velopment, (C) counseling on household management,
housekeeping, budgeting, money management, home-
ownership issues, child care, and similar matters, (D)
advice regarding resources for job training and place-
ment, education, welfare, health, and other commu-
nity services, (E) services that are directly related to
meeting resident needs and providing a wholesome
living environment; and (F) referral to appropriate
agencies in the community when necessary for the
provision of such services. To the maximum extent
available and appropriate, existing public and pri-
vate agencies in the community shall be used for the
provision of such services.
(25) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Housing and Urban Development.
(26) STATE.—The term ‘‘State’’ means the States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, Guam, the Virgin Is-
lands, American Samoa, and any other territory or
possession of the United States and Indian tribes.
(27) VERY
LOW-INCOME
FAMILY.—The term
‘‘very low-income family’’ means a low-income family
whose income does not exceed 50 percent of the me-
dian family income for the area, as determined by the
Secretary with adjustments for smaller and larger
families, except that the Secretary may, for purposes
of this paragraph, establish income ceilings higher or
lower than 50 percent of the median for the area on
the basis of the public housing agency’s findings that
such variations are necessary because of unusually
high or low family incomes.
SEC. 103. ORGANIZATION OF PUBLIC HOUSING AGENCIES.
(a) REQUIREMENTS.—For purposes of this Act, the
terms ‘‘public housing agency’’ and ‘‘agency’’ mean any en-
tity that—
(1) is—
(A) a public housing agency that was au-
thorized under the United States Housing Act of
1937 to engage in or assist in the development
or operation of low-income housing;
(B) authorized under this Act to engage in
or assist in the development or operation of low-
income housing by any State, county, munici-
pality, or other governmental body or public en-
tity;
(C) an entity authorized by State law to
administer choice-based housing assistance under
title III; or
(D) an entity selected by the Secretary, pur-
suant to subtitle D of title V, to manage housing;
and
(2) complies with the requirements under sub-
section (b).
The term does not include any entity that is an Indian
housing authority for purposes of the United States Hous-
ing Act of 1937 (as in effect before the effectiveness of the
Native American Housing Assistance and Self-Determina-
tion Act of 1996) or a tribally designated housing entity,
as such term is defined in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996.
(b) GOVERNANCE.—
(1) BOARD OF DIRECTORS.—Each public hous-
ing agency shall have a board of directors or other
form of governance as prescribed in State or local
law. No person may be barred from serving on such
board or body because of such person’s residency in
a public housing development or status as an assisted
family under title III.
(2) RESIDENT MEMBERSHIP.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), in localities in which a pub-
lic housing agency is governed by a board of di-
rectors or other similar body, the board or body
shall include not less than 1 member who is an
elected public housing resident member (as such
term is defined in paragraph (5)).
(B) EXCEPTIONS.—The requirement in sub-
paragraph (A) with respect to elected public
housing resident members shall not apply to—
(i) any State or local governing body
that serves as a public housing agency for
purposes of this Act and whose responsibil-
ities include substantial activities other
than acting as the public housing agency,
except that such requirement shall apply to
any advisory committee or organization
that is established by such governing body
and whose responsibilities relate only to the
governing body’s functions as a public hous-
ing agency for purposes of this Act;
(ii) any public housing agency that
owns or operates less than 250 public hous-
ing dwelling units (including any agency
that does not own or operate public hous-
ing); or
(iii) any public housing agency in a
State that requires the members of the board
of directors or other similar body of a pub-
128
agency to prepare and update its local housing management
plan.
(e) DEMOLITION AND DISPOSITION BY MANAGER.—A
manager under this section may demolish or dispose of spec-
ified housing only if, and in the manner, provided for in
the local housing management plan for the agency transfer-
ring management of the housing.
(f) LIMITATION ON PHA LIABILITY.—A public housing
agency that is not a manager for specified housing shall
not be liable for any act or failure to act by a manager
or resident council for the specified housing.
(g) TREATMENT OF MANAGER.—To the extent not in-
consistent with this section and to the extent the Secretary
determines not inconsistent with the purposes of this Act,
a manager of specified housing under this section shall be
considered to be a public housing agency for purposes of
this title.
(h) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
(1) ELIGIBLE MANAGEMENT ENTITY.—The term
‘‘eligible management entity’’ means, with respect to
any public housing development, any of the following
entities:
(A) NONPROFIT ORGANIZATION.—A public
or private nonprofit organization, which shall—