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(B) individuals who, under paragraph (2) 
of section 12(c) of the United States Housing 
Act of 1937, are exempt from the requirement 
under paragraph (1) of such section; and 
(C) households that include such individ-
uals. 
(6) A household that consists of a family or 
youth described in section 8(x)(2) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(x)(2); 
relating to family unification) shall be provided pri-
ority in such occupancy. 
The Secretary of Housing and Urban Development shall 
issue regulations to carry out the exceptions under para-
graphs (1) through (6). 
(d) REPLACEMENT DWELLING UNITS.—A dwelling 
unit described in this subsection is— 
(1) a dwelling unit in public housing operated 
or administered by the Housing Authority of New 
Orleans; or 
(2) a dwelling unit in other comparable housing 
located in the jurisdiction of the Housing Authority 
of New Orleans for which the sum of the amount re-
quired to be contributed by the tenant for rent and 
any separate utility costs for such unit borne by the 
tenant is comparable to the sum of the amount re-
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quired to be contributed by the tenant for rental of 
a comparable public housing dwelling unit and any 
separate utility costs for such unit borne by the ten-
ant. 
(e) RELOCATION ASSISTANCE.—The Housing Au-
thority of New Orleans shall provide, to each household 
provided occupancy in a dwelling unit pursuant to sub-
section (b), assistance under the Uniform Relocation As-
sistance and Real Property Acquisitions Policy Act of 
1970 (42 U.S.C. 4601 et seq.) for relocation to such dwell-
ing unit. 
SEC. 203. ONE-FOR-ONE REPLACEMENT OF ALL PUBLIC 
HOUSING DWELLING UNITS. 
(a) CONDITIONS ON DEMOLITION.—After the date of 
the enactment of this Act, the Housing Authority of New 
Orleans may not demolish or dispose of any dwelling unit 
of public housing operated or administered by such agency 
(including any uninhabitable unit and any unit previously 
approved for demolition) except pursuant to a plan for re-
placement of such units in accordance with, and approved 
by the Secretary of Housing and Urban Development pur-
suant to, subsection (b). 
(b) PLAN REQUIREMENTS.—The Secretary may not 
approve a plan that provides for demolition or disposition 
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of any dwelling unit of public housing referred to in sub-
section (a) unless— 
(1) such plan is developed with the active par-
ticipation of the resident councils of, and residents 
of public housing operated or administered by, such 
Housing Authority and with the City of New Orle-
ans, at every phase of the planning and approval 
process, through a process that provides opportunity 
for comment on specific proposals for redevelopment, 
demolition, or disposition; 
(2) not later than 60 days before the date of 
the approval of such plan, such Housing Authority 
has convened and conducted a public hearing re-
garding the demolition or disposition proposed in the 
plan; 
(3) such plan provides that for each such dwell-
ing unit demolished or disposed of, such public hous-
ing agency will provide an additional dwelling unit 
through— 
(A) the acquisition or development of addi-
tional public housing dwelling units; or 
(B) the acquisition, development, or con-
tracting (including through project-based assist-
ance) of additional dwelling units that are sub-
ject to requirements regarding eligibility for oc-
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cupancy, tenant contribution toward rent, and 
long-term affordability restrictions which are 
comparable to public housing units; 
(4) such plan provides for the implementation 
of a right for households to occupancy housing in ac-
cordance with section 202; 
(5) such plan provides priority in making units 
available under paragraph (3) to residents identified 
in section 201; 
(6) such plan provides that the proposed demo-
lition or disposition and relocation will be carried out 
in a manner that affirmatively furthers fair housing, 
as described in subsection (e) of section 808 of the 
Civil Rights Act of 1968; and 
(7) to the extent that such plan provides for the 
provision of replacement or additional dwelling units, 
or redevelopment, in phases over time, such plan 
provides that the ratio of dwelling units described in 
subparagraphs (A) and (B) of paragraph (3) that 
are provided in any such single phase to the total 
number of dwelling units provided in such phase is 
not less than the ratio of the aggregate number of 
such dwelling units provided under the plan to the 
total number of dwelling units provided under the 
plan. 
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(c) INAPPLICABLE PROVISIONS.—Subparagraphs (B) 
and (D) of section 8(o)(13) of the United States Housing 
Act of 1937 (42 U.S.C. 1437f(o)(13)) shall not apply with 
respect to vouchers used to comply with the requirements 
of subsection (b)(3) of this section. 
(d) MONITORING.—The Secretary of Housing and 
Urban Development shall provide for the appropriate field 
offices of the Department to monitor and supervise en-
forcement of this section and plans approved under this 
section and to consult, regarding such monitoring and en-
forcement, with resident councils of, and residents of pub-
lic housing operated or administered by, the Housing Au-
thority of New Orleans and with the City of New Orleans. 
SEC. 204. PROTECTION FOR PUBLIC HOUSING RESIDENTS 
IN HURRICANE AREAS. 
(a) CONDITIONS
ON TRANSFER.—During the two 
year period beginning on the date of the enactment of this 
Act, a public housing agency may not transfer ownership 
of any public housing dwelling units described in sub-
section (h) unless the transferee enters into such binding 
commitments as the Secretary of Housing and Urban De-
velopment considers necessary to maintain, for the longest 
feasible period, the requirements regarding eligibility for 
occupancy in such dwelling units and tenant contribution 
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toward rent for such dwelling units that are applicable to 
such units as public housing dwelling units. 
(b) CONDITIONS ON DEMOLITION.—After the date of 
the enactment of this Act, a public housing agency may 
not dispose or demolish any dwelling units described in 
subsection (h), except pursuant to a plan for replacement 
of such units in accordance with, and approved by the Sec-
retary of Housing and Urban Development pursuant to, 
subsection (c). 
(c) PLAN REQUIREMENT.—The Secretary of Housing 
and Urban Development may not approve a plan that pro-
vides for demolition or disposition of any dwelling unit of 
public housing described in subsection (h) unless such plan 
complies with the requirements under paragraphs (1), (2), 
(3), (6), and (7) of section 203(b), except that such para-
graphs shall be applied for purposes this subsection by 
substituting ‘‘the public housing agency’’ and ‘‘applicable 
unit of general local government’’ for ‘‘such Housing Au-
thority’’ and ‘‘City of New Orleans’’, respectively. 
(d) RELOCATION ASSISTANCE.—A public housing 
agency shall provide, to each household relocated pursuant 
to a plan under this section for demolition or disposition, 
assistance under the Uniform Relocation Assistance and 
Real Property Acquisitions Policy Act of 1970 for reloca-
tion to their new residence. 
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(e) RIGHT OF RETURN.—A public housing agency ad-
ministering or operating public housing dwelling units de-
scribed in subsection (h) has the obligation— 
(1) to use its best efforts to locate tenants dis-
placed from such public housing as a result of Hur-
ricane Katrina or Rita; and 
(2) to provide such residents occupancy in pub-
lic housing dwelling units of such agency that be-
come available for occupancy, and to ensure such 
residents a means to exercise such right of return. 
(f) INAPPLICABILITY OF CERTAIN PROJECT-BASED 
VOUCHER LIMITATIONS.—Subparagraphs (B) and (D) of 
section 8(o)(13) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)(13)) shall not apply with respect to 
any project-based vouchers used to comply with the re-
quirements of a plan under subsection (c). 
(g) PROHIBITION ON DISPLACEMENT FROM HABIT-
ABLE UNITS.—A public housing agency may not displace 
a tenant from any public housing dwelling unit described 
in subsection (h) that is administered or operated by such 
agency and is habitable (including during any period of 
rehabilitation), unless the agency provides a suitable and 
comparable dwelling unit for such tenant in the same local 
community as such public housing dwelling unit. 
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(h) 
COVERED
PUBLIC
HOUSING
DWELLING 
UNITS.—The public housing dwelling units described in 
this subsection are any such dwelling units located in any 
area for which major disaster or emergency was declared 
by the President pursuant to the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act as a result of 
Hurricane Katrina or Rita of 2005, except that such 
dwelling units shall not include any public housing dwell-
ing units operated or administered by the Housing Au-
thority of New Orleans. 
SEC. 205. REPORTS ON PROPOSED CONVERSIONS OF PUB-
LIC HOUSING UNITS. 
Not later than the expiration of the 15-day period 
beginning on the date of the enactment of this Act, the 
Secretary of Housing and Urban Development shall sub-
mit to the Committee on Financial Services of the House 
of Representatives and the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate a detailed report 
identifying all public housing projects located in areas im-
pacted by Hurricane Katrina or Rita of 2005, for which 
plans exist to transfer ownership to other entities or agen-
cies. Such report shall include the following information 
for each such project: 
(1) The name and location. 
(2) The number of dwelling units. 
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