IIB 
110TH CONGRESS 
2D SESSION 
H. R. 3524 
IN THE SENATE OF THE UNITED STATES 
JANUARY 22 (legislative day, JANUARY 3), 2008 
Received; read twice and referred to the Committee on Banking, Housing, and 
Urban Affairs 
AN ACT 
To reauthorize the HOPE VI program for revitalization of 
severely distressed public housing, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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determines that circumstances of extreme dis-
tress or emergency, in the area that the revital-
ization plan of the applicant is to be carried 
out, directly affect the ability of the applicant 
or grantee to comply with such requirement. 
‘‘(B) REGULATIONS.—The Secretary shall 
issue regulations to carry out this paragraph, 
which shall— 
‘‘(i) set forth such circumstances of 
extreme distress and emergency; and 
‘‘(ii) provide that such circumstances 
shall include any instance in which the 
area in which a revitalization plan assisted 
with amounts from a grant under this sec-
tion is to be carried out is subject to a dec-
laration by the President of a major dis-
aster or emergency under the Robert T. 
Stafford Disaster Relief and Emergency 
Assistance Act.’’. 
SEC. 4. PROHIBITION OF DEMOLITION-ONLY GRANTS. 
Section 24 is amended— 
(1) in subsection (c)(3), by striking ‘‘or demoli-
tion of public housing (without replacement)’’; 
(2) in the first sentence of subsection (e)(3)— 
(A) by striking ‘‘demolition only,’’; and 
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(B) by striking the last comma; and 
(3) in subsection (e), by adding at the end the 
following new paragraph: 
‘‘(4) 
PROHIBITION
OF
DEMOLITION-ONLY 
GRANTS.—The Secretary may not make a grant 
under this section for a revitalization plan that pro-
poses to demolish public housing without revitaliza-
tion of any existing public housing dwelling units.’’. 
SEC. 5. MAIN STREET PROJECTS GRANTS. 
Section 24 is amended— 
(1) by redesignating subsection (n) as sub-
section (y); 
(2) in subsection (l), by striking ‘‘subsection 
(n)’’ each place such term appears and inserting 
‘‘subsection (y)’’; and 
(3) in subsection (m)(3), by striking ‘‘sub-
section (n)’’ and inserting ‘‘subsection (y)’’. 
SEC. 6. ELIGIBLE ACTIVITIES. 
Paragraph (1) of section 24(d) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘programs’’ and inserting ‘‘plans’’; 
(2) in subparagraph (G), by striking ‘‘program’’ 
and inserting ‘‘plan’’; 
(3) by striking subparagraph (J) and inserting 
the following new subparagraph: 
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‘‘(J) the acquisition and development of re-
placement housing units in accordance with 
subsection (j);’’. 
(4) in subparagraph (K), by striking ‘‘and’’ at 
the end; 
(5) in subparagraph (L)— 
(A) by striking ‘‘15 percent’’ and inserting 
‘‘25 percent’’; and 
(B) by striking the period at the end and 
inserting a semicolon; and 
(6) by adding at the end the following new sub-
paragraphs: 
‘‘(M) necessary costs of ensuring the effec-
tive relocation of residents displaced as a result 
of the revitalization of the project, including 
costs of monitoring as required under sub-
section (k); and 
‘‘(N) activities undertaken to comply with 
the provisions of (B)(vii) and (C)(xiii) of sub-
section (e)(2) and subsection (l) (relating to 
green developments).’’. 
SEC. 7. SELECTION OF PROPOSALS FOR GRANTS. 
(a) SELECTION CRITERIA.—Section 24(e) is amended 
by striking paragraph (2) and inserting the following new 
paragraph: 
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‘‘(2) GRANT AWARD CRITERIA.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish criteria for the award of grants 
under this section. 
‘‘(B) MANDATORY CORE COMPONENTS.— 
The criteria under this paragraph shall require 
that a proposed revitalization plan may not be 
selected for award of a grant under this section 
unless the proposed plan meets all of the fol-
lowing requirements: 
‘‘(i) EVIDENCE
OF
SEVERE
DIS-
TRESS.—The proposed plan shall contain 
evidence sufficient to demonstrate that the 
public housing project that is subject to 
the plan is severely distressed, which shall 
include— 
‘‘(I) a certification signed by an 
engineer or architect licensed by a 
State licensing board that the project 
meets the criteria for physical distress 
under subsection (t)(2); and 
‘‘(II) such other evidence that the 
project meets criteria for nonphysical 
distress under subsection (t)(2), such 
as census data, crime statistics, and 
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past surveys of neighborhood stability 
conducted by the public housing agen-
cy. 
‘‘(ii) RESIDENT
INVOLVEMENT
AND 
SERVICES.—The proposed plan shall pro-
vide for opportunities for involvement of 
residents of the housing subject to the plan 
and the provision of services for such resi-
dents, in accordance with subsection (g). 
‘‘(iii) RELOCATION
PLAN.—The pro-
posed plan shall provide a plan for reloca-
tion of households occupying the public 
housing project that is subject to the plan, 
in accordance with subsection (h), includ-
ing a statement of the estimated number 
of vouchers for rental assistance under sec-
tion 8 that will be needed for such reloca-
tion. 
‘‘(iv) RESIDENT RIGHT TO EXPANDED 
HOUSING OPPORTUNITIES.—The proposed 
plan provides right of resident households 
to occupy housing provided under such re-
vitalization plan in accordance with sub-
section (i). 
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‘‘(v) ONE-FOR-ONE REPLACEMENT.— 
The proposed plan shall provide a plan 
that— 
‘‘(I)(aa) provides for replacement 
in accordance with subsection (j) of 
100 percent of all dwelling units in 
existence as of January 1, 2005, that 
are subject to the revitalization plan 
and that have been or will be demol-
ished or disposed of, on the site of the 
original public housing or within the 
jurisdiction of the public housing 
agency; or 
‘‘(bb) pursuant to subsection 
(j)(1)(B), requests a reduction of the 
percentage specified in subsection 
(j)(1)(A) and provides for replacement 
of dwelling units demolished or dis-
posed of in accordance with the per-
centage requested; 
‘‘(II) identifies the type of re-
placement housing that will be offered 
to residents displaced by the revital-
ization plan; 
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ments under subparagraph (B), the proposed 
revitalization plan shall address and meet min-
imum requirements with respect to, and shall 
provide additional priority based on the extent 
to which the plan satisfactorily addresses, each 
of the following issues: 
‘‘(i) COMPLIANCE WITH PURPOSES.— 
The extent to which the proposed plan of 
an applicant achieves the purposes of this 
section set forth in subsection (a). 
‘‘(ii) CAPABILITY AND RECORD.—The 
extent of the capability and record of the 
applicant public housing agency, public 
partners, proposed private development 
partners (including nonprofit housing de-
velopers), or any alternative management 
entity for the agency, for managing rede-
velopment or modernization projects, meet-
ing performance benchmarks, and obli-
gating amounts in a timely manner, includ-
ing any past performance of such entities 
under the HOPE VI program and any 
record of such entities of working with so-
cially and economically disadvantaged busi-
nesses, as such term is defined in section 
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8(a)(4) of the Small Business Act (15 
U.S.C. 637(a)(4)). 
‘‘(iii) 
DIVERSITY
OUTREACH.—The 
extent to which the proposed revitalization 
plan includes partnerships with socially 
and economically disadvantaged businesses, 
as such term is defined by section 8(a)(4) 
of the Small Business Act. 
‘‘(iv) EFFECTIVENESS
OF
RELOCA-
TION
AND
ONE-FOR-ONE
REPLACEMENT 
PLANS.—The extent of the likely effective-
ness of the proposed revitalization plan for 
temporary and permanent relocation of ex-
isting residents, including the likely effec-
tiveness of the relocation plan under sub-
paragraph (B)(iii) and the one-for-one re-
placement 
plan 
under 
subparagraph 
(B)(v). 
‘‘(v) ACHIEVABILITY OF REVITALIZA-
TION PLAN.—The achievability of the pro-
posed revitalization plan pursuant to sub-
section (o), with respect to the scope and 
scale of the project. 
‘‘(vi) LEVERAGING.—The extent to 
which the proposed revitalization plan will 
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leverage other public or private funds or 
assets for the project. 
‘‘(vii) NEED FOR ADDITIONAL FUND-
ING.—The extent to which the applicant 
could undertake the activities proposed in 
the revitalization plan without a grant 
under this section. 
‘‘(viii) PUBLIC
AND
PRIVATE
IN-
VOLVEMENT.—The extent of involvement 
of State and local governments, private 
service providers, financing entities, and 
developers (including nonprofit housing de-
velopers), in the development and ongoing 
implementation of the revitalization plan. 
‘‘(ix) NEED FOR AFFORDABLE HOUS-
ING.—The extent of need for affordable 
housing in the community in which the 
proposed revitalization plan is to be carried 
out. 
‘‘(x) AFFORDABLE
HOUSING
SUP-
PLY.—The extent of the supply of other 
housing available and affordable to families 
receiving tenant-based assistance under 
section 8. 
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‘‘(xi) PROJECT-BASED HOUSING.—The 
extent to which the proposed revitalization 
plan sustains or creates more project-based 
housing units available to persons eligible 
for residency in public housing in markets 
where the proposed plan shows there is de-
mand for the maintenance or creation of 
such units. 
‘‘(xii) GREEN
DEVELOPMENTS
COM-
PLIANCE.—The extent to which the pro-
posed revitalization plan— 
‘‘(I) in the case of residential 
construction, complies with the non-
mandatory items of the national 
Green Communities criteria checklist 
identified in subsection (l)(1)(A), or 
any substantially equivalent standard 
or standards as determined by the 
Secretary, but only to the extent such 
compliance exceeds the compliance 
necessary to accumulate the number 
of points required under such sub-
section; and 
‘‘(II) in the case of non-residen-
tial construction, complies with the 
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components of the green building rat-
ing systems and levels identified by 
the Secretary pursuant to subsection 
(l)(3), but only to the extent such 
compliance exceeds the minimum level 
required under such systems and lev-
els. 
‘‘(xiii) HARD-TO-HOUSE
FAMILIES.— 
The extent to which the one-for-one re-
placement plan under subparagraph (B)(v) 
for the revitalization plan provides replace-
ment housing that is likely to be most ap-
propriate and beneficial for families whose 
housing needs are difficult to fulfill, includ-
ing, but not limited to, elderly households, 
disabled households, households consisting 
of grandparents raising grandchildren, 
large families, households displaced by the 
revitalization plan in need of special serv-
ices, and households consisting of or in-
cluding an individual who served on active 
duty in the Armed Forces of the United 
States for a period of not less than 90 
days and who was discharged or released 
from such duty under conditions other 
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than dishonorable. For purposes of this 
clause, the term ‘families whose housing 
needs are difficult to fulfill’ shall not in-
clude any individuals, or any categories of 
individuals, who have been released from a 
prison, jail, or other correctional facility of 
the Federal Government, a State govern-
ment, or a unit of general local govern-
ment, notwithstanding whether such indi-
viduals are not ineligible for occupancy in 
public housing pursuant to subsection 
(m)(2), have not been arrested for or 
charged with any crime during any specific 
period, or are individuals for whom hous-
ing is a critical need. 
‘‘(xiv) FAMILY-FRIENDLY HOUSING.— 
The extent to which replacement housing 
units provided through the revitalization 
plan contain a sufficient number of bed-
rooms to prevent overcrowding. 
‘‘(xv) ADDITIONAL ON-SITE MIXED-IN-
COME HOUSING.—The extent to which the 
one-for-one replacement plan under sub-
paragraph (B)(v) provides public housing 
units in addition to the number necessary 
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to minimally comply with the requirement 
under subsection (j)(2)(A)(i), including the 
extent to which such plan provides suffi-
cient housing for elderly and disabled resi-
dents who indicate a preference to return 
to housing provided on the site of the 
original public housing involved in the revi-
talization plan and complies with the re-
quirements of subsection (j)(2)(A)(ii). 
‘‘(xvi) OTHER.—Such other factors as 
the Secretary considers appropriate.’’. 
(b) TREATMENT
OF LOW-INCOME HOUSING TAX 
CREDIT ALLOCATIONS; MANDATORY SITE VISITS.—Sec-
tion 24(e), as amended by the preceding provisions of this 
Act, is further amended by adding at the end the following 
new paragraphs: 
‘‘(5) TREATMENT
OF
LOW-INCOME
HOUSING 
TAX CREDIT ALLOCATION.—In the case of any appli-
cation for a grant under this section that relies on 
the allocation of any low-income housing tax credit 
provided pursuant to section 42 of the Internal Rev-
enue Code of 1986 as part of the revitalization plan 
proposed in the application, the Secretary shall not 
require that the first phase of any project to be de-
veloped under the plan possess an allocation of such 
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low-income housing tax credits at the time of such 
application. 
‘‘(6) 
MANDATORY
SITE
VISITS.—Notwith-
standing any other provision of law, the Secretary 
shall provide for appropriate officers or employees of 
the Department of Housing and Urban Development 
to conduct a visit to the site of the public housing 
involved in the revitalization plan proposed under 
each application for a grant under this section that 
is involved in a final selection of applications to be 
funded under this section. Site visits pursuant to 
this paragraph shall be used only for the purpose of 
obtaining information to assist in determining 
whether the public housing projects involved in the 
application are severely distressed public housing.’’. 
(c) EXCLUSION OF GREEN DEVELOPMENT COSTS 
FROM TOTAL DEVELOPMENT COSTS.—Subsection (f) of 
section 24 is amended by adding after and below para-
graph (2) the following: 
‘‘In determining the total development costs for a revital-
ization plan, the Secretary shall not consider any costs of 
compliance with green building rating systems and levels 
identified by the Secretary pursuant to subsection (l)(3).’’. 
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SEC. 8. REQUIREMENTS FOR MANDATORY CORE COMPO-
NENTS. 
Section 24 is amended— 
(1) by redesignating subsections (h) through 
(m) as subsections (q) through (v), respectively; 
(2) by redesignating subsection (o) as sub-
section (w); and 
(3) by striking subsection (g) and inserting the 
following new subsections: 
‘‘(g) RESIDENT INVOLVEMENT AND SERVICES.— 
‘‘(1) IN GENERAL.—Each revitalization plan as-
sisted under this section shall provide opportunities 
for the active involvement and participation of, and 
consultation with, residents of the public housing 
that is subject to the revitalization plan during the 
planning process for the revitalization plan, includ-
ing prior to submission of the application, and dur-
ing all phases of the planning and implementation. 
Such opportunities for participation may include 
participation of members of any resident council, but 
may not be limited to such members, and shall in-
clude all segments of the population of residents of 
the public housing that is subject to the revitaliza-
tion plan, including single parent-headed households, 
the elderly, young employed and unemployed adults, 
teenage youth, and disabled persons. Such opportu-
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nities shall include a process that provides oppor-
tunity for comment on specific proposals for redevel-
opment, any demolition and disposition involved, and 
any proposed significant amendments or changes to 
the revitalization plan. 
‘‘(2) NOTICES.—In carrying out a revitalization 
plan assisted under this section, a public housing 
agency shall provide the following written notices, in 
plain and nontechnical language, to each household 
occupying a dwelling unit in the public housing that 
is subject to, or to be subject to, the plan: 
‘‘(A) NOTICE OF INTENT.—Not later than 
the expiration of the 30-day period beginning 
upon publication by the Secretary of a notice of 
funding availability for a grant under this sec-
tion for such plan, notice of— 
‘‘(i) the public housing agency’s intent 
to submit such application; 
‘‘(ii) the proposed implementation and 
management of the revitalized site; 
‘‘(iii) residents’ rights under this sec-
tion to participate in the planning process 
for the plan, including opportunities for 
participation in accordance with paragraph 
(1), and to receive comprehensive reloca-
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tion assistance and community and sup-
portive services pursuant to paragraph (4); 
and 
‘‘(iv) the public hearing pursuant to 
paragraph (3). 
‘‘(B) NOTICE OF GRANT AWARD AND RE-
LOCATION OPTIONS.—Not later than 30 days 
after notice to the public housing agency of the 
award of a grant under this section, notice 
that— 
‘‘(i) such grant has been awarded; 
‘‘(ii) describes the process involved 
under the revitalization plan to temporarily 
relocate residents of the public housing 
that is subject to the plan; 
‘‘(iii) provides the information re-
quired pursuant to subsection (h)(2) (relat-
ing to relocation options); and 
‘‘(iv) informs residents of opportuni-
ties for participation in accordance with 
paragraph (1). 
‘‘(C) NOTICE OF GRANT AGREEMENT AND 
RELOCATION OPTIONS.—Not later than 30 days 
after execution of a grant agreement under this 
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section with a public housing agency, notice 
that— 
‘‘(i) specifically identifies the housing 
available for relocation of resident of the 
public housing subject to the revitalization 
plan; 
‘‘(ii) sets forth the schedule for reloca-
tion of residents of the public housing sub-
ject to the revitalization plan, including the 
approximate dates on which such housing 
will be available for such relocation; and 
‘‘(iii) informs residents of opportuni-
ties for participation in accordance with 
paragraph (1). 
‘‘(D) NOTICE
OF
REPLACEMENT
HOUS-
ING.—Upon the availability of replacement 
housing provided pursuant to subsection (j), no-
tice to each household described in subsection 
(i)(1) of— 
‘‘(i) such availability; 
‘‘(ii) the process and procedure for ex-
ercising the right to expanded housing op-
portunities and preferences under sub-
section (i)(2); and 
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‘‘(iii) opportunities for participation in 
accordance with paragraph (1) of this sub-
section. 
‘‘(E) OTHER.—Such other notices as the 
Secretary may require. 
‘‘(3) PUBLIC
HEARING.—The Secretary may 
not make a grant under this section to an applicant 
unless the applicant has convened and conducted a 
public hearing regarding the revitalization plan, in-
cluding the one-for-one replacement to occur under 
the plan, not later than 75 days before submission 
of the application for the grant under this section 
for such plan, at a time and location that is conven-
ient for residents of the public housing subject to the 
plan. 
‘‘(4) SERVICES.—Each recipient of a grant 
under this section shall— 
‘‘(A) provide each household who is resid-
ing at the site of the revitalization as of the 
date of the notice of intent under subparagraph 
(A) with comprehensive relocation assistance for 
a period that is the latter of the two periods re-
ferred to in subparagraph (B) with comprehen-
sive relocation assistance; and 
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‘‘(B) offer, to each such displaced resident 
and each low-income family provided housing 
under the revitalization plan, community and 
supportive services until the latter of— 
‘‘(i) the expiration of the two-year pe-
riod that begins upon the end of the devel-
opment period under the plan; and 
‘‘(ii) the date on which all funding 
under the grant for community and sup-
portive services has been expended. 
‘‘(5) SIGNIFICANT AMENDMENTS OR CHANGES 
TO PLAN.—A public housing agency may not carry 
out any significant amendment or change to a revi-
talization plan unless— 
‘‘(A) the public housing agency has con-
vened and conducted a public hearing regarding 
the significant amendment or change at a time 
and location that is convenient for residents of 
the public housing subject to the plan and has 
provided each household occupying a dwelling 
unit in such public housing with written notice 
of such hearing not less than 10 days before 
such hearing; 
‘‘(B) after such hearing, the public housing 
agency consults with the households occupying 
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dwelling units in the public housing that are 
subject to, or to be subject to the plan, and the 
agency submits a report to the Secretary de-
scribing the results of such consultation; and 
‘‘(C) the Secretary approves the significant 
amendment or change. 
Notwithstanding subparagraph (C), if the Secretary 
does not approve or disapprove a request for a sig-
nificant amendment or change to a revitalization 
plan before the expiration of the 30-day period be-
ginning upon the receipt by the Secretary of the re-
port referred to in subparagraph (B), such request 
shall be considered to have been approved. 
‘‘(h) RELOCATION PROGRAM.—Each recipient of a 
grant under this section shall— 
‘‘(1) provide for each household displaced by 
the revitalization plan for which the grant is made 
to be relocated to a comparable replacement dwell-
ing, as defined in section 101 of the Uniform Relo-
cation Assistance and Real Property Acquisition 
Policies Act of 1970 (42 U.S.C. 4601), and for pay-
ment of actual and reasonable relocation expenses of 
each such household and any replacement housing 
payments as are required by the Uniform Relocation 
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Assistance and Real Property Acquisition Policies 
Act of 1970; 
‘‘(2) fully inform such households of all reloca-
tion options, which may include relocating to hous-
ing in a neighborhood with a lower concentration of 
poverty than their current residence or remaining in 
the housing to which they relocate; 
‘‘(3) to the maximum extent possible, minimize 
academic disruptions on affected children enrolled in 
school by coordinating relocation with school cal-
endars; 
‘‘(4) establish strategies and plans that assist 
such displaced residents in utilizing tenant-based 
vouchers to select housing opportunities, including in 
communities with a lower concentration of poverty, 
that— 
‘‘(A) will not result in a financial burden 
to the family; and 
‘‘(B) will promote long-term housing sta-
bility; 
‘‘(5) establish and comply with relocation 
benchmarks that ensure successful relocation in 
terms of timeliness; and 
‘‘(6) notwithstanding any other provision of 
law, in the case of any tenant-based assistance made 
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available for relocation of a household under this 
subsection, provide that the term during which the 
household may lease a dwelling unit using such as-
sistance shall not be shorter than 150 days; if the 
household is unable to lease a dwelling unit during 
such period, the public housing agency shall extend 
the period during which the household may lease a 
dwelling unit using such assistance and continue to 
provide the household with comprehensive relocation 
assistance, or at the option of the household, provide 
the household with the next available dwelling unit 
owned by the public housing agency. 
‘‘(i) RIGHT TO EXPANDED HOUSING OPPORTUNITIES 
FOR RESIDENT HOUSEHOLDS.— 
‘‘(1) IN GENERAL.—Subject only to paragraph 
(3), each revitalization plan assisted with a grant 
under this section shall make available, to each 
household occupying a dwelling unit in the public 
housing subject to a revitalization plan that is dis-
placed as a result of the revitalization plan (includ-
ing any demolition or disposition of the unit), occu-
pancy for such household in a replacement dwelling 
unit provided pursuant to subsection (j). To exercise 
such right under this paragraph to occupancy in 
such a replacement dwelling unit, the household 
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shall respond in writing to the notice provided pur-
suant to subsection (g)(2)(C) by the public housing 
agency. 
‘‘(2) 
PREFERENCES.—Such 
a 
replacement 
dwelling unit shall be made available to each house-
hold displaced as a result of the revitalization plan 
before any replacement dwelling unit is made avail-
able to any other eligible household. 
‘‘(3) REPORTS TO SECRETARY.—The Secretary 
shall require each public housing agency carrying 
out a revitalization plan assisted under this section 
to submit to the Secretary such reports as may be 
necessary to allow the Secretary to determine the ex-
tent to which the public housing agency has com-
plied with this subsection and to which displaced 
residents occupy replacement housing provided pur-
suant to subsection (j), which shall include informa-
tion describing the location of replacement housing 
provided pursuant to subsection (j) and statistical 
information on the characteristics of all households 
occupying such replacement housing. 
‘‘(j) ONE-FOR-ONE REPLACEMENT.—Each revitaliza-
tion plan assisted with a grant under this section under 
which any public housing dwelling unit is demolished or 
disposed of shall provide as follows: 
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‘‘(1) NUMBER.— 
‘‘(A) IN GENERAL.—For one hundred per-
cent, or such lower percentage as is provided 
pursuant to subparagraph (B), of all such 
dwelling units in existence as of January 1, 
2005, that are subject to the revitalization plan 
and that have been or will be demolished or dis-
posed of, the public housing agency carrying 
out the plan shall provide an additional dwelling 
unit. 
‘‘(B) WAIVER.— 
‘‘(i) AUTHORITY.—Upon the written 
request of a public housing agency sub-
mitted as part of an application for a 
grant under this section, the Secretary 
may reduce the percentage applicable 
under subparagraph (A) to a revitalization 
plan of the agency to not less than 90 per-
cent, but only if— 
‘‘(I) the Secretary determines 
that such written request has suffi-
ciently demonstrated a compelling 
need for such reduction due to extenu-
ating circumstances, which shall in-
clude— 
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paragraph, waive any requirement of para-
graph (3) (relating to timing). The pre-
ceding sentence may not be construed to 
limit or otherwise affect the authority 
under subsection (o)(3). 
‘‘(iv) PENALTY.—If, pursuant to this 
subparagraph, the Secretary reduces the 
percentage under subparagraph (A) appli-
cable to the revitalization plan of a public 
housing agency, no grant under this sec-
tion may be made to such agency or for 
any public housing of such agency at any 
time that such agency is not in full compli-
ance with the requirements of this para-
graph, as modified by the terms of such re-
duction. 
‘‘(2) LOCATION.—Such dwelling units shall be 
provided in the following manner: 
‘‘(A) ON-SITE MIXED-INCOME HOUSING.— 
‘‘(i) ONE-THIRD
REQUIREMENT.—A 
mixed-income housing development shall be 
provided on the site of the original public 
housing involved in the revitalization plan 
in which, except as provided in clause (iii), 
at least one-third of all dwelling units shall 
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be public housing dwelling units and shall 
be provided through the development of 
additional public housing dwelling units. 
‘‘(ii) 
REQUIREMENTS
FOR
ADDI-
TIONAL ON-SITE UNITS.—If the mixed-in-
come housing development provided pursu-
ant to clause (i) includes more public hous-
ing dwelling units at the site of the origi-
nal public housing than is minimally nec-
essary to comply with such clause, the pub-
lic housing agency shall consult with resi-
dents, community leaders, and local gov-
ernment officials regarding such additional 
public housing dwelling units and shall en-
sure that such units are provided in a 
manner that affirmatively furthers fair 
housing. 
‘‘(iii) EXCEPTION.—If, upon a show-
ing by a public housing agency, the Sec-
retary determines that it is infeasible to lo-
cate replacement dwelling units on the site 
of the original public housing involved in 
the revitalization plan in accordance with 
clause (i), all replacement units shall be lo-
cated in areas within the jurisdiction of the 
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public housing agency having low con-
centrations of poverty, except that at least 
one mixed-income housing development 
shall be provided in such an area within 
the jurisdiction of the public housing agen-
cy and that one-third of all units in such 
development shall be public housing dwell-
ing units. The Secretary may make a find-
ing of infeasibility under this clause only 
if— 
‘‘(I) such location on-site would 
result in the violation of a consent de-
cree; or 
‘‘(II) the land on which the pub-
lic housing is located is environ-
mentally unsafe, geologically unstable, 
or otherwise unsuitable for the con-
struction of housing, as evidenced by 
an independent environmental review 
or assessment. 
‘‘(iv) DECONCENTRATION
OF
POV-
ERTY.—All dwelling units provided pursu-
ant to this subparagraph shall be provided 
in a manner that results in decreased con-
centrations of poverty, with respect to such 
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concentrations existing on the date of the 
application for the grant under this sec-
tion. 
‘‘(B) 
OFF-SITE
MIXED-INCOME
HOUS-
ING.—Any other replacement housing units pro-
vided in addition to the dwelling units provided 
pursuant to subparagraph (A) shall be pro-
vided, in areas within the jurisdiction of the 
public housing agency having low concentra-
tions of poverty, through— 
‘‘(i) the acquisition or development of 
additional public housing dwelling units; or 
‘‘(ii) the acquisition, development, or 
contracting (including through project- 
based assistance) of additional dwelling 
units that are subject to requirements re-
garding eligibility for occupancy, tenant 
contribution toward rent, and long-term af-
fordability restrictions which are com-
parable to public housing units, except that 
subparagraphs (B) and (D) of section 
8(o)(13) of the United States Housing Act 
of 1937 (42 U.S.C. 1437f(o)(13); relating 
to percentage limitation and income-mixing 
requirement for project-based assistance) 
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shall not apply with respect to vouchers 
used to comply with the requirements of 
this clause. 
Notwithstanding the preceding sentence, if a 
public housing agency has limited areas within 
its jurisdiction having low concentrations of 
poverty, the replacement housing units provided 
in addition to the dwelling units provided pur-
suant to subparagraph (A) may be provided 
within a 25-mile radius of the mixed-income de-
velopment referred to in subparagraph (A). 
‘‘(3) TIMING.—All replacement dwelling units 
required pursuant to this subsection with respect to 
the revitalization plan of a public housing agency 
shall be provided not later than the expiration of the 
54-month period that begins upon the execution of 
the grant agreement under this section for the revi-
talization plan of the public housing agency. To the 
greatest extent practicable, such replacement or ad-
ditional dwelling units, or redevelopment, shall be 
accomplished in phases over time and, in each such 
phase, the public housing dwelling units and the 
dwelling units described in subparagraph (B)(ii) of 
paragraph (2) shall be made available for occupancy 
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before any nonassisted dwelling unit is made avail-
able for occupancy. 
‘‘(4) FAIR HOUSING.—The demolition or dis-
position, relocation, and provision of replacement 
housing units under paragraph (2)(B) shall be car-
ried out in a manner that affirmatively furthers fair 
housing, as described in subsection (e) of section 
808 of the Civil Rights Act of 1968 (42 U.S.C. 
3608(e)). 
‘‘(5) PROJECT-BASED
VOUCHERS.—There are 
authorized to be appropriated such sums as may be 
necessary for each of fiscal years 2009 through 2015 
for providing replacement vouchers for project-based 
rental assistance for the purpose of complying with 
the one-for-one replacement requirement under this 
subsection. 
‘‘(k) MONITORING OF DISPLACED HOUSEHOLDS.— 
‘‘(1) PHA RESPONSIBILITIES.—To facilitate 
compliance with the requirement under subsection 
(i) (relating to right to expanded housing opportuni-
ties), the Secretary shall, by regulation, require each 
public housing agency that receives a grant under 
this section, during the period of the revitalization 
plan assisted with the grant and until all funding 
under the grant has been expended— 
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‘‘(A) to maintain a current address of resi-
dence and contact information for each house-
hold affected by the revitalization plan who was 
occupying a dwelling unit in the housing that is 
subject to the plan; and 
‘‘(B) to provide such updated information 
to the Secretary on at least a quarterly basis. 
‘‘(2) CERTIFICATION.—The Secretary may not 
close out any grant made under this section to a 
public housing agency before the agency has cer-
tified to the Secretary that the agency has complied 
with subsection (i) (relating to a right to expanded 
housing opportunities for resident households) with 
respect to each resident displaced as a result of the 
revitalization plan, including providing occupancy in 
a replacement dwelling unit for each household who 
requested such a unit in accordance with such sub-
section. 
‘‘(3) REPORTS BY SECRETARY.—Not less fre-
quently than once every six months, the Secretary 
shall submit a report to the Congress that includes 
all information submitted to the Secretary pursuant 
to paragraph (1) by all public housing agencies and 
summarizes the extent of compliance by public hous-
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ing agencies with the requirements under this sub-
section and subsection (i). 
‘‘(l) GREEN DEVELOPMENTS REQUIREMENT.— 
‘‘(1) REQUIREMENT.—The Secretary may not 
make a grant under this section to an applicant un-
less the proposed revitalization plan of the applicant 
to be carried out with such grant amounts meets the 
following requirements, as applicable: 
‘‘(A) 
GREEN
COMMUNITIES
CRITERIA 
CHECKLIST.—All residential construction under 
the proposed plan complies with the national 
Green Communities criteria checklist for resi-
dential construction that provides criteria for 
the design, development, and operation of af-
fordable housing, as such checklist is in effect 
for purposes of this subsection pursuant to 
paragraph (4) at the date of the application for 
the grant, or any substantially equivalent stand-
ard or standards as determined by the Sec-
retary, as follows: 
‘‘(i) The proposed plan shall comply 
with all items of the national Green Com-
munities criteria checklist for residential 
construction that are identified as manda-
tory. 
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‘‘(ii) The proposed plan shall comply 
with such other nonmandatory items of 
such national Green Communities criteria 
checklist so as to result in a cumulative 
number of points attributable to such non-
mandatory items under such checklist of 
not less than— 
‘‘(I) 25 points, in the case of any 
proposed plan (or portion thereof) 
consisting of new construction; and 
‘‘(II) 20 points, in the case of 
any proposed plan (or portion thereof) 
consisting of rehabilitation. 
‘‘(B) GREEN
BUILDINGS
CERTIFICATION 
SYSTEM.—All 
non-residential 
construction 
under the proposed plan complies with all min-
imum required levels of the green building rat-
ing systems and levels identified by the Sec-
retary pursuant to paragraph (3), as such sys-
tems and levels are in effect for purposes of this 
subsection pursuant to paragraph (4) at the 
time of the application for the grant. 
‘‘(2) VERIFICATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
verify, or provide for verification, sufficient to 
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ensure that each proposed revitalization plan 
carried out with amounts from a grant under 
this section complies with the requirements 
under paragraph (1) and that the revitalization 
plan is carried out in accordance with such re-
quirements and plan. 
‘‘(B) TIMING.—In providing for such 
verification, the Secretary shall establish proce-
dures to ensure such compliance with respect to 
each grantee, and shall report to the Congress 
with respect to the compliance of each grantee, 
at each of the following times: 
‘‘(i) Not later than 60 days after exe-
cution of the grant agreement under this 
section for the grantee. 
‘‘(ii) Upon completion of the revital-
ization plan of the grantee. 
‘‘(3) IDENTIFICATION
OF
GREEN
BUILDINGS 
RATING SYSTEMS AND LEVELS.— 
‘‘(A) IN GENERAL.—For purposes of this 
section, the Secretary shall identify rating sys-
tems and levels for green buildings that the 
Secretary determines to be the most likely to 
encourage 
a 
comprehensive 
and 
environ-
mentally-sound approach to ratings and stand-
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ards for green buildings. The identification of 
the ratings systems and levels shall be based on 
the criteria specified in subparagraph (B), shall 
identify the highest levels the Secretary deter-
mines are appropriate above the minimum lev-
els required under the systems selected. Within 
90 days of the completion of each study re-
quired by subparagraph (C), the Secretary shall 
review and update the rating systems and lev-
els, or identify alternative systems and levels for 
purposes of this section, taking into account the 
conclusions of such study. 
‘‘(B) CRITERIA.—In identifying the green 
rating systems and levels, the Secretary shall 
take into consideration— 
‘‘(i) the ability and availability of as-
sessors and auditors to independently 
verify the criteria and measurement of 
metrics at the scale necessary to imple-
ment this subsection; 
‘‘(ii) the ability of the applicable rat-
ings system organizations to collect and re-
flect public comment; 
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‘‘(iii) the ability of the standards to be 
developed and revised through a consensus- 
based process; 
‘‘(iv) an evaluation of the robustness 
of the criteria for a high-performance 
green building, which shall give credit for 
promoting— 
‘‘(I) efficient and sustainable use 
of water, energy, and other natural 
resources; 
‘‘(II) use of renewable energy 
sources; 
‘‘(III) improved indoor environ-
mental quality through enhanced in-
door air quality, thermal comfort, 
acoustics, 
day 
lighting, 
pollutant 
source control, and use of low-emis-
sion materials and building system 
controls; and 
‘‘(IV) such other criteria as the 
Secretary determines to be appro-
priate; and 
‘‘(v) national recognition within the 
building industry. 
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‘‘(C) 5-YEAR EVALUATION.—At least once 
every five years, the Secretary shall conduct a 
study to evaluate and compare available third- 
party green building rating systems and levels, 
taking into account the criteria listed in sub-
paragraph (B). 
‘‘(4) APPLICABILITY AND UPDATING OF STAND-
ARDS.— 
‘‘(A) APPLICABILITY.—Except as provided 
in subparagraph (B), the national Green Com-
munities criteria checklist and green building 
rating systems and levels referred to in sub-
paragraphs (A) and (B) of paragraph (1) that 
are in effect for purposes of this subsection are 
such checklist systems, and levels as in exist-
ence upon the date of the enactment of the 
HOPE VI Improvement and Reauthorization 
Act of 2008. 
‘‘(B) UPDATING.—The Secretary may, by 
regulation, adopt and apply, for purposes of 
this section, future amendments and supple-
ments to, and editions of, the national Green 
Communities criteria checklist, any standard or 
standards that the Secretary has determined to 
be substantially equivalent to such checklist, 
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and the green building ratings systems and lev-
els identified by the Secretary pursuant to para-
graph (3). 
‘‘(m) FAIR HOUSING; CONSISTENT ELIGIBILITY AND 
OCCUPANCY STANDARDS.— 
‘‘(1) FAIR HOUSING.—Each revitalization plan 
assisted under this section shall affirmatively further 
fair housing, as described in subsection (e) of section 
808 of the Civil Rights Act of 1968. 
‘‘(2) CONSISTENT ELIGIBILITY AND OCCUPANCY 
STANDARDS.—Except to the extent necessary to 
comply with the requirements of this section, re-
placement housing provided pursuant to subsection 
(j) under a revitalization plan of a public housing 
agency that is owned or managed, or assisted, by the 
agency shall be subject to the same policies, prac-
tices, standards, and criteria regarding waiting lists, 
tenant screening (including screening criteria, such 
as credit checks), and occupancy that apply to other 
housing owned or managed, or assisted, respectively, 
by such agency, including requirements under Fed-
eral law relating to safety and security in public and 
assisted housing and ineligibility of drug criminals, 
illegal drug users, alcohol abusers, and dangerous 
sex offenders, preferences for elderly and disabled 
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residents, and ineligibility of persons convicted of 
methamphetamine offenses. 
‘‘(3) CONSISTENT OCCUPANCY STANDARDS FOR 
DISPLACED FAMILIES.—Notwithstanding paragraph 
(2), any household who occupied a dwelling unit in 
public housing subject to a revitalization plan of a 
public housing agency and that was displaced as a 
result of the revitalization shall be subject, for pur-
poses of occupancy in replacement housing provided 
pursuant to subsection (j) under the replacement 
plan that is owned or managed, or assisted, by the 
agency, only to policies, practices, standards, cri-
teria, and requirements regarding continued occu-
pancy in such original public housing (and not to 
initial occupancy). 
‘‘(n) ENFORCEMENT.— 
‘‘(1) ADMINISTRATIVE ENFORCEMENT.—If the 
Secretary determines on the record after opportunity 
for an agency hearing, pursuant to a request made 
by any member of household described in subsection 
(i)(1) who is adversely affected or aggrieved by a 
violation of subsection (g), (h), (i), (j), (k), (m), or 
(o), that such a violation has occurred, the Secretary 
shall issue an order requiring the public housing 
agency committing such violation to cease and desist 
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for such violation and to take any affirmative action 
necessary to correct or remedy the conditions result-
ing from such violation. 
‘‘(2) AVAILABILITY OF OTHER REMEDIES.—The 
remedy under paragraph (1) shall be in addition to 
all other rights and remedies provided by law. 
‘‘(o) PERFORMANCE BENCHMARKS.— 
‘‘(1) IN GENERAL.—Each public housing agen-
cy that receives a grant under this section shall, in 
consultation with the Secretary and residents of the 
public housing subject to the revitalization plan for 
which the grant is made that are displaced as a re-
sult of the revitalization plan, establish performance 
benchmarks for each component of their revitaliza-
tion plan. Such benchmarks shall include completion 
of the provision of all replacement dwelling units 
provided pursuant to the requirements of subsection 
(j). 
‘‘(2) FAILURE TO MEET BENCHMARKS.—If a 
public housing agency fails to meet the performance 
benchmarks established pursuant to paragraph (1), 
the Secretary shall impose appropriate sanctions, in-
cluding— 
‘‘(A) appointment of an alternative admin-
istrator for the revitalization plan; 
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‘‘(B) financial penalties; 
‘‘(C) withdrawal of funding under sub-
section (j); or 
‘‘(D) such other sanctions as the Secretary 
may deem necessary. 
‘‘(3) EXTENSION OF BENCHMARKS.—The Sec-
retary shall extend the period for compliance with 
performance benchmarks under paragraph (1) for a 
public housing agency, for such period as the Sec-
retary determines to be necessary, if the failure of 
the agency to meet such benchmarks is attributable 
to— 
‘‘(A) litigation; 
‘‘(B) obtaining approvals of the Federal 
Government or a State or local government; 
‘‘(C) complying with environmental assess-
ment and abatement requirements; 
‘‘(D) project delays and cost increases due 
to shortages in labor and materials as a direct 
result of location in an area that is subject to 
a declaration by the President of a major dis-
aster or emergency under the Robert T. Staf-
ford Disaster and Emergency Assistance Act, 
except that an extension of the period for com-
pliance with performance benchmarks pursuant 
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to this subparagraph shall not be for a period 
longer than 12 months; 
‘‘(E) relocating residents; 
‘‘(F) resident involvement that leads to 
significant changes to the revitalization plan; or 
‘‘(G) any other reason established by the 
Secretary by notice published in the Federal 
Register. 
‘‘(4) AUTHORITY
OF
SECRETARY.—In deter-
mining the amount of each grant under this section 
and the closeout date for the grant, the Secretary 
shall take into consideration the scope, scale, and 
size of the revitalization plan assisted under the 
grant. 
‘‘(p) APPLICABILITY
OF
UNIFORM
RELOCATION 
ACT.—The Uniform Relocation and Real Property Acqui-
sition Policies Act of 1974 shall apply to all relocation ac-
tivities pursuant to a revitalization plan under this section. 
‘‘(q) PUBLIC HOUSING AND SECTION 8 EVICTION 
PROVISIONS.—In the case of any public housing or hous-
ing assisted under section 8, for which assistance is pro-
vided at any time pursuant to a grant for a revitalization 
plan under this section, the provisions of paragraph (6) 
of section 6(l) and clause (iii) of section 8(d)(1)(B), re-
spectively, shall apply, except that any criminal or drug- 
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related criminal activity referred to in the matter pre-
ceding subparagraph (A) of such paragraph or in the mat-
ter preceding subclause (I) of such clause, respectively, en-
gaged in by a member of a tenant’s household or any guest 
or other person under the tenant’s control, shall not be 
cause for termination of tenancy of the tenant if— 
‘‘(1) the tenant is an elderly person (as such 
term is defined in section 202(k) of the Housing Act 
of 1959 (12 U.S.C. 1701q)) or a person with disabil-
ities (as such term is defined in section 811(k) of 
the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 8013(k)); and 
‘‘(2) the tenant did not know and should not 
have known of the activity or the tenant or member 
of household was the victim of the criminal activ-
ity.’’. 
SEC. 9. PLANNING AND TECHNICAL ASSISTANCE GRANTS. 
Subsection (v) of section 24 (42 U.S.C. 1437v(v)), 
as so redesignated by section 8(1), is amended by striking 
paragraph (2) and inserting the following new paragraph: 
‘‘(2) TECHNICAL
ASSISTANCE
GRANTS.—Sub-
ject only to approvable requests for grants pursuant 
to paragraph (1) for any fiscal year, the Secretary 
shall use not less than two percent for grants in 
such fiscal year to recipients of grants under this 
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section to assist such recipients in obtaining tech-
nical assistance in carrying out revitalization pro-
grams.’’. 
SEC. 10. ANNUAL REPORT; AVAILABILITY OF DOCUMENTS. 
Subsection (u) of section 24, as so redesignated by 
section 8(1) of this Act, is amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (5) as para-
graph (6); and 
(3) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) the extent to which public housing agen-
cies carrying out revitalization plans with grants 
under this section have complied with the require-
ments under subsection (i) (relating to right to ex-
panded housing opportunities for resident house-
holds); and’’; and 
(2) by adding at the end the following: 
‘‘To the extent not inconsistent with any other provisions 
of law, the Secretary shall make publicly available through 
a World Wide Web site of the Department of Housing and 
Urban Development all documents of, or filed with, the 
Department relating to the program under this section, 
including applications, grant agreements, plans, budgets, 
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reports, and amendments to such documents; except that 
in carrying out this sentence, the Secretary shall take such 
actions as may be necessary to protect the privacy of any 
residents and households displaced from public housing as 
a result of a revitalization plan assisted under this sec-
tion.’’. 
SEC. 11. DEFINITIONS. 
Subsection (s) of section 24, as so redesignated by 
section 8(l) of this Act, is amended— 
(1) in clauses (i) and (iii) of paragraph (1)(C), 
by striking ‘‘program’’ each place such term appears 
and inserting ‘‘plan’’; 
(2) in paragraph (3)— 
(A) by striking ‘‘SUPPORTIVE’’ and insert-
ing ‘‘COMMUNITY AND SUPPORTIVE’’; 
(B) by inserting ‘‘community and’’ before 
‘‘supportive services’’; 
(C) by inserting before the period at the 
end the following: ‘‘, and such other services 
that, linked with affordable housing, will im-
prove the health and residential stability of pub-
lic housing residents’’; and 
(D) by inserting after ‘‘transportation,’’ 
the following: ‘‘employment and vocational 
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counseling, financial counseling, life skills train-
ing,’’; 
(3) by redesignating paragraph (3) as para-
graph (6); 
(4) by inserting after paragraph (2), the fol-
lowing new paragraph: 
‘‘(5) SIGNIFICANT AMENDMENT OR CHANGE.— 
The term ‘significant’ means, with respect to an 
amendment or change to a revitalization plan, that 
the amendment or change— 
‘‘(A) changes the use of 20 percent or 
more of the total amount of HOPE VI grant 
amounts provided under this section provided 
under the grant made under this section for the 
plan from use for one activity to use for an-
other; 
‘‘(B) eliminates an activity that, notwith-
standing the change, would otherwise be carried 
out under the plan; or 
‘‘(C) changes the scope, location, or bene-
ficiaries of the project carried out under the 
plan.’’; 
(5) by redesignating paragraph (2) as para-
graph (4); and 
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