such funds allocated for that calendar year for 
such authorized activities or 95 percent of its 
authorized vouchers, including vouchers ported 
in to the agency and vouchers ported out; or (ii) 
after approval to participate in the program, 
the agency achieves such utilization for a 12- 
month period. This subparagraph shall not 
apply to participating agencies approved by the 
Secretary to combine funds from sections 8 and 
9 of the Act prior to enactment of this section. 
‘‘(2) USE OF PROGRAM FUNDS.—In carrying 
out the housing innovation program under this sec-
tion, each participating agency shall continue to as-
sist— 
‘‘(A) not less than substantially the same 
number of eligible low-income families under 
the program as it assisted in the base year for 
the agency; and 
‘‘(B) a comparable mix of families by fam-
ily size, subject to adjustment to reflect changes 
in the agency’s waiting list, except that the Sec-
retary may approve exceptions to such require-
ments for up to 3 years based on modernization 
or redevelopment activities proposed in an an-
nual plan submitted and approved in accord-
ance with paragraph (8). 
Determinations with respect to the number of fami-
lies served shall be adjusted based on any allocation 
of additional vouchers under section 8(o) and to re-
flect any change in the percentage of program funds 
that a participating agency receives compared to the 
base year. 
‘‘(3) RETAINED PROVISIONS.—Notwithstanding 
any other provision of this section, families receiving 
assistance under this section shall retain the same 
rights of judicial review of agency action as they 
would otherwise have had if the agency were not 
participating in the program, and each participating 
agency shall comply with the following provisions of 
this Act: 
‘‘(A) Subsections (a)(2)(A) and (b)(1) of 
section 16 (relating to targeting for new admis-
sions in the public housing and voucher pro-
grams). 
‘‘(B) Section 2(b) (relating to tenant rep-
resentatives on the public housing agency board 
of directors).
‘‘(C) Section 3(b)(2) (relating to defini-
tions for the terms ‘low-income families’ and 
‘very low-income families’). 
‘‘(D) Section 5(A)(e) (relating to the for-
mation of and consultation with a resident advi-
sory board). 
‘‘(E) Sections 6(f)(1) and 8(o)(8)(B) (re-
lating to compliance of units assisted with hous-
ing quality standards or other codes). 
‘‘(F) Sections 6(c)(3), 6(c)(4)(i), and 
8(o)(6)(B) (relating to rights of public housing 
applicants and existing procedural rights for 
applicants under section 8(o)). 
‘‘(G) Section 6(k) (relating to grievance 
procedures for public housing tenants) and 
comparable procedural rights for families as-
sisted under section 8(o). 
‘‘(H) Section 6(l) (relating to public hous-
ing lease requirements), except that for units 
assisted both with program funds and low-in-
come housing tax credits, the initial lease term 
may be less than 12 months if required to con-
form lease terms with such tax credit require-
ments.
‘‘(I) Section 7 (relating to designation of 
housing for elderly and disabled households), 
except that a participating agency may make 
such designations(at initial designation or upon 
renewal) for a term of up to 5 years if the 
agency includes in its annual plan under para-
graph (8) an analysis of the impact of such des-
ignations on affected households and such des-
ignation is subject to the program evaluation. 
Any participating agency with a designated 
housing plan that was approved under the mov-
ing to work demonstration may continue to op-
erate under the terms of such plan for a term 
of 5 years (with an option to renew on the same 
terms for an additional 5 years) if it includes 
in its annual plan an analysis of the impact of 
such designations on affected households and is 
subject to evaluation under subsection (f). 
‘‘(J) Subparagraphs (C) through (E) of 
section 8(o)(7) and section 8(o)(20) (relating to 
lease requirements and eviction protections for 
families assisted with tenant-based assistance). 
‘‘(K) Subject to paragraph (1)(B) of this 
subsection, section 8(o)(13)(B) (relating to a 
percentage limitation on project-based assist-
ance), except that for purposes of this subpara-
graph such section shall be applied by sub-
stituting ‘50 percent’ for ‘20 percent’. 
‘‘(L) Section 8(o)(13)(E) (relating to resi-
dent choice for tenants of units with project- 
based vouchers), except with respect to— 
‘‘(i) in the case of agencies partici-
pating in the moving to work demonstra-
tion, any housing assistance payment con-
tract entered into within 2 years after the 
enactment of this section; 
‘‘(ii) project-based vouchers that re-
place public housing units; 
‘‘(iii) not more than 10 percent of the 
vouchers available to the participating 
agency upon entering the housing innova-
tion program under this section; and 
‘‘(iv) any project-based voucher pro-
gram that is subject to evaluation under 
subsection (f). 
‘‘(M) Section 8(r) (relating to portability 
of voucher assistance), except that a partici-
pating agency may receive funding for port-
ability obligations under section 8(dd) in the 
same manner as other public housing agencies.
‘‘(N) Sections 8(ee) and 6(u) (relating to 
records, certification and confidentiality regard-
ing domestic violence). 
‘‘(O) Subsections (a) and (b) of section 12 
(relating to payment of prevailing wages). 
‘‘(P) Section 18 (relating to demolition and 
disposition of public housing). 
‘‘(4) RENTS AND REQUIREMENTS FOR CONTIN-
UED OCCUPANCY OR PARTICIPATION.— 
‘‘(A) BEFORE
POLICY
CHANGE.—Before 
adopting any policy pursuant to participation in 
the housing innovation program under this sec-
tion that would make a material change to the 
requirements of this Act regarding tenant rents 
or contributions, or conditions of continued oc-
cupancy or participation, a participating agency 
shall complete each of the following actions: 
‘‘(i) The agency shall conduct an im-
pact analysis of the proposed policy on 
families the agency is assisting under the 
program under this section and on appli-
cants on the waiting list, including analysis 
of the incidence and severity of rent bur-
dens greater than 30 percent of adjusted 
income on households of various sizes and
types and in various income tiers, that 
would result, if any, without application of 
the hardship provisions. The analysis with 
respect to applicants on the waiting list 
may be limited to demographic data pro-
vided by the applicable consolidated plan, 
information provided by the Secretary, and 
other generally available information. The 
proposed policy, including provisions for 
addressing hardship cases and transition 
provisions that mitigate the impact of any 
rent increases or changes in the conditions 
of continued occupancy or participation, 
and data from this analysis shall be made 
available for public inspection for at least 
60 days in advance of the public meeting 
described in clause (ii). 
‘‘(ii) The agency shall hold a public 
meeting regarding the proposed change, in-
cluding the hardship provisions, which may 
be combined with a public meeting on the 
draft annual plan under paragraph (8) or 
the annual report under paragraph (9).
‘‘(iii) The board of directors or other 
similar governing body of the agency shall 
approve the change in public session. 
‘‘(iv) The agency shall obtain approval 
from the Secretary of the annual plan or 
plan amendment. The Secretary may ap-
prove a plan or amendment containing a 
material change to the requirements of this 
Act regarding tenant rents or contribu-
tions, or conditions of continued occupancy 
or participation, only if the agency agrees 
that such policy may be included as part of 
the national evaluation. 
‘‘(B) 
AFTER
POLICY
CHANGE.—After 
adopting a policy described in subparagraph 
(A), a program agency shall complete each of 
the following actions: 
‘‘(i) The agency shall provide ade-
quate notice to residents, which shall in-
clude a description of the changes in the 
public housing lease or participation agree-
ment that may be required and of the 
hardship or transition protections offered. 
‘‘(ii) In the case of any additional re-
quirements for continued occupancy or
participation, the agency shall execute a 
lease addendum or participation agreement 
specifying the requirements applicable to 
both the resident and the agency. A resi-
dent may bring a civil action to enforce 
commitments of the agency made through 
the lease addendum or participation agree-
ment. 
‘‘(iii) The agency shall reassess rent, 
subsidy level, and policies on program par-
ticipation no less often than every two 
years, which shall include preparing a re-
vised impact analysis, and make available 
to the public the results of such reassess-
ment and impact analysis. The require-
ment under this clause may be met by suf-
ficiently detailed interim reports, if any, by 
the national evaluating entity. 
‘‘(iv) The agency shall include in the 
annual report under paragraph (8) infor-
mation sufficient to describe any hardship 
requests, including the number and types 
of requests made, granted, and denied, the 
use of transition rules, and adverse im-
pacts resulting from changes in rent or
continued occupancy policies, including ac-
tions taken by the agency to mitigate such 
impacts and impacts on families no longer 
assisted under the program. 
‘‘(C) APPLICABILITY
TO
EXISTING
MTW 
AGENCIES.—An existing MTW agency that, be-
fore the date of the enactment of this section, 
implemented material changes to the require-
ments of this Act regarding tenant rents or 
contributions, or conditions of continued occu-
pancy or participation, as part of the moving to 
work demonstration shall not be subject to sub-
paragraph (A) with regard to such previously 
implemented changes, but shall comply with the 
requirements of subparagraph (B)(ii) and pro-
vide the evaluation and impact analysis required 
by subparagraph (B)(iii) by the end of the sec-
ond agency fiscal year ending after such date of 
enactment. 
‘‘(5) PROHIBITION AGAINST DECREASE IN PRO-
GRAM
FUNDS.—The amount of program funds a 
participating agency receives shall not be diminished 
by its participation in the housing innovation pro-
gram under this section.
‘‘(6) SUBMISSION OF INFORMATION.—As part 
of the annual report required under subsection 
(g)(2), each participating agency shall submit infor-
mation annually to the Secretary regarding families 
assisted under the program of the agency and com-
ply with any other data submissions required by the 
Secretary for purposes of evaluation of the program 
under this section. 
‘‘(7) PUBLIC AND RESIDENT PARTICIPATION.— 
Each participating agency shall provide opportuni-
ties for resident and public participation in the an-
nual plan under paragraph (8), as follows: 
‘‘(A) NOTICE TO RESIDENTS.— 
‘‘(i) NOTICE.—Each year, the agency 
shall provide notice to the low-income fam-
ilies it serves under the programs author-
ized by this section as to the impact of 
proposed policy changes and program ini-
tiatives and of the schedule of resident ad-
visory board and public meetings for the 
annual plan. 
‘‘(ii) MEETING.—The agency shall 
hold at least one meeting with the resident 
advisory board (including representatives
of recipients of assistance under section 8) 
to review the annual plan for each year. 
‘‘(B) PUBLIC MEETING.—With respect to 
each annual plan, the agency shall hold at least 
one annual public meeting to obtain comments 
on the plan, which may be combined with a 
meeting to review the annual report. In the case 
of any agency that administers, in the aggre-
gate, more than 15,000 public housing units 
and vouchers, the agency shall hold additional 
meetings in locations that promote attendance 
by residents and other stakeholders. 
‘‘(C) PUBLIC AVAILABILITY.—Before adop-
tion of any annual plan, and not less than 30 
days before the public meeting required under 
subparagraph (A)(ii) with respect to the plan, 
the agency shall make the proposed annual plan 
available for public inspection. The annual plan 
shall be made available for public inspection not 
less than 30 days before approval by the board 
of directors (or other similar governing body) of 
the agency and shall remain publicly available. 
‘‘(D) BOARD APPROVAL.—Before submit-
ting an annual plan or annual report to the 
Secretary, the plan or report, as applicable,
shall be approved in a public meeting by the 
board of directors or other governing body of 
the agency. 
‘‘(8) ANNUAL PLAN.— 
‘‘(A) REQUIREMENT.—For each year that 
a participating agency participates in the hous-
ing innovation program under this section, the 
agency shall submit to the Secretary, in lieu of 
all other planning requirements, an annual plan 
under this paragraph. 
‘‘(B) CONTENTS.—Each annual plan shall 
include the following information: 
‘‘(i) A list and description of all pro-
gram initiatives and generally applicable 
policy changes, including references to af-
fected provisions of law or the imple-
menting regulations affected. 
‘‘(ii) A description and comparison of 
changes under the housing innovation pro-
gram of the agency from the plan for such 
program for the preceding year. 
‘‘(iii) A description of property rede-
velopment or portfolio repositioning strate-
gies and proposed changes in policies or
uses of funds required to implement such 
strategies. 
‘‘(iv) Documentation of public and 
resident participation sufficient to comply 
with the requirements under paragraphs 
(4) and (7), including a copy of any rec-
ommendations submitted in writing by the 
resident advisory board of the agency and 
members of the public, a summary of com-
ments, and a description of the manner in 
which the recommendations were ad-
dressed. 
‘‘(v) Certifications by the agency 
that— 
‘‘(I) the annual plan will be car-
ried out in conformity with title VI of 
the Civil Rights Act of 1964, the Fair 
Housing Act, section 504 of the Reha-
bilitation Act of 1973, title II of the 
Americans with Disabilities Act of 
1990, and the rules, standards, and 
policies in the approved plan; 
‘‘(II) the agency will affirmatively 
further fair housing; and
100 
‘‘(III) the agency has complied 
and will continue to comply with its 
obligations under the national evalua-
tion. 
‘‘(vi) A description of the agency’s 
local asset management strategy for public 
housing properties, which shall be in lieu 
of any other asset management, project 
based management or accounting, or other 
system of allocating resources and costs to 
participating agency assets or cost centers 
that the Secretary may otherwise impose 
under this Act. 
‘‘(C) CHANGES.—If the agency proposes to 
make material changes in policies or initiatives 
in the plan during the year covered by the plan, 
the agency shall consult with the resident advi-
sory board for the agency established pursuant 
to section 5A(e) and the public regarding such 
changes before their adoption. 
‘‘(D) APPROVAL PROCESS.— 
‘‘(i) TIMING.—The Secretary shall re-
view and approve or disapprove each an-
nual plan submitted to the Secretary with-
in 45 days after such submission.
101 
‘‘(ii) 
STANDARDS
FOR
DIS-
APPROVAL.—The 
Secretary 
may 
dis-
approve a plan only if— 
‘‘(I) the Secretary reasonably de-
termines, based on information con-
tained in the annual plan or annual 
report, that the agency is not in com-
pliance with the requirements of this 
section; 
‘‘(II) the annual plan or most re-
cent annual report is not consistent 
with other reliable information avail-
able to the Secretary; or 
‘‘(III) the annual plan or annual 
report or the agency’s activities under 
the program are not otherwise in ac-
cordance with applicable law. 
‘‘(iii) FAILURE TO DISAPPROVE.—If a 
submitted plan is not disapproved within 
45 days after submission, the plan shall be 
considered to be approved for purposes of 
this section. The preceding sentence shall 
not preclude judicial review regarding such 
compliance pursuant to chapter 7 of title 
5, United States Code, or an action re-
102 
garding such compliance under section 
1979 of the Revised Statutes of the United 
States (42 U.S.C. 1983). 
‘‘(f) EVALUATION OF PERFORMANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct detailed evaluations of all public housing agen-
cies participating in the program under this sec-
tion— 
‘‘(A) to determine the level of success of 
each public housing agency in achieving the 
purposes of the program under subsection (a); 
and 
‘‘(B) to identify program models that can 
be replicated by other agencies to achieve such 
success. 
‘‘(2) REPORTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
submit three reports to the Congress, as pro-
vided in subparagraph (B), evaluating the pro-
grams of all public housing agencies partici-
pating in the program under this section and all 
agencies participating in the moving to work 
demonstration. Each such report shall include 
findings and recommendations for any appro-
priate legislative action.
103 
‘‘(B) TIMING.—The reports under this 
paragraph shall include— 
‘‘(i) an initial report, which shall be 
submitted before the expiration of the 3- 
year period beginning on the date of the 
enactment of the Section 8 Voucher Re-
form Act of 2007; 
‘‘(ii) an interim report, which shall be 
submitted before the expiration of the 5- 
year period beginning on such date of en-
actment; and 
‘‘(iii) a final report, which shall be 
submitted before the expiration of the 10- 
year period beginning on such date of en-
actment. 
‘‘(3) EVALUATING ENTITY.—The Secretary may 
contract out the responsibilities under this para-
graphs (1) and (2) to an independent entity that is 
qualified to perform such responsibilities. 
‘‘(4) PERFORMANCE
MEASURES.—The Sec-
retary or the evaluating entity, as applicable, shall 
establish performance measures, which may in-
clude— 
‘‘(A) a baseline performance level against 
which program activities may be evaluated; and
104 
‘‘(B) performance measures for— 
‘‘(i) increasing housing opportunities 
for extremely low-, very low-, and low-in-
come families, replacing or rehabilitating 
housing at risk of physical deterioration or 
obsolescence, and developing additional af-
fordable housing; 
‘‘(ii) leveraging other Federal, State, 
and local funding sources, including the 
low-income housing tax credit program, to 
expand and preserve affordable housing 
opportunities, including public housing; 
‘‘(iii) moving families to self-suffi-
ciency and increasing employment rates 
and wages of families without imposing a 
significant rent burden on the families hav-
ing the lowest incomes; 
‘‘(iv) reducing administrative costs; 
and 
‘‘(v) any other performance measures 
that the Secretary or evaluating entity, as 
applicable, may establish. 
‘‘(g) RECORDKEEPING, REPORTS, AND AUDITS.— 
‘‘(1) RECORDKEEPING.—Each public housing 
agency participating in the program under this sec-
105 
tion shall keep such records as the Secretary may 
prescribe as reasonably necessary to disclose the 
amounts and the disposition of amounts under the 
program, to ensure compliance with the require-
ments of this section, and to measure performance. 
‘‘(2) REPORTS.—In lieu of all other reporting 
requirements, each such agency participating in the 
program shall submit to the Secretary an annual re-
port in a form and at a time specified by the Sec-
retary. Each annual report shall include the fol-
lowing information: 
‘‘(A) A description, including an annual 
consolidated financial report, of the sources and 
uses of funds of the agency under the program, 
which shall account separately for funds made 
available under section 8 and subsections (d) 
and (e) of section 9, and shall compare the 
agency’s actions under the program with its an-
nual plan for the year. 
‘‘(B) An annual audit that complies with 
the requirements of Circular A–133 of the Of-
fice of Management and Budget, including the 
OMB Compliance Supplement.
106 
‘‘(C) A description of each hardship excep-
tion requested and granted or denied, and of 
the use of any transition rules. 
‘‘(D) Documentation of public and resident 
participation sufficient to comply with the re-
quirements under paragraph (7). 
‘‘(E) A comparison of income and the sizes 
and types of families assisted by the agency 
under the program compared to those assisted 
by the agency in the base year. 
‘‘(F) Every two years, an evaluation of 
rent policies, subsidy level policies, and policies 
on program participation. 
‘‘(G) A description of any ongoing local 
evaluations and the results of any local evalua-
tions completed during the year. 
‘‘(3) ACCESS TO DOCUMENTS BY SECRETARY.— 
The Secretary shall have access for the purpose of 
audit and examination to any books, documents, pa-
pers, and records that are pertinent to assistance in 
connection with, and the requirements of, this sec-
tion. 
‘‘(4) ACCESS TO DOCUMENTS BY THE COMP-
TROLLER
GENERAL.—The Comptroller General of 
the United States, or any of the duly authorized rep-