138 
(1) is enrolled as a student at an institution of higher 
education (as defined under section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002)); 
(2) is under 24 years of age; 
(3) is not a veteran; 
(4) is unmarried; 
(5) does not have a dependent child; 
(6) is not a person with disabilities, as such term is 
defined in section 3(b)(3)(E) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not 
receiving assistance under such section 8 as of November 
30, 2005; and 
(7) is not otherwise individually eligible, or has par-
ents who, individually or jointly, are not eligible, to receive 
assistance under section 8 of the United States Housing 
Act of 1937 (42 U.S.C. 1437f). 
(b) For purposes of determining the eligibility of a 
person to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f), any finan-
cial assistance (in excess of amounts received for tuition) 
that an individual receives under the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.), from private 
sources, or an institution of higher education (as defined 
under the Higher Education Act of 1965 (20 U.S.C. 
1002)), shall be considered income to that individual, ex-
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cept for a person over the age of 23 with dependent chil-
dren. 
SEC. 216. (a) Section 255(g) of the National Housing 
Act (12 U.S.C. 1715z–20) is amended by striking the first 
sentence. 
SEC. 217. Notwithstanding any other provision of 
law, in fiscal year 2010, in managing and disposing of any 
multifamily property that is owned or has a mortgage held 
by the Secretary of Housing and Urban Development, the 
Secretary shall maintain any rental assistance payments 
under section 8 of the United States Housing Act of 1937 
and other programs that are attached to any dwelling 
units in the property. To the extent the Secretary deter-
mines, in consultation with the tenants and the local gov-
ernment, that such a multifamily property owned or held 
by the Secretary is not feasible for continued rental assist-
ance payments under such section 8 or other programs, 
based on consideration of (1) the costs of rehabilitating 
and operating the property and all available Federal, 
State, and local resources, including rent adjustments 
under section 524 of the Multifamily Assisted Housing 
Reform and Affordability Act of 1997 (‘‘MAHRAA’’) and 
(2) environmental conditions that cannot be remedied in 
a cost-effective fashion, the Secretary may, in consultation 
with the tenants of that property, contract for project- 
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based rental assistance payments with an owner or owners 
of other existing housing properties, or provide other rent-
al assistance. The Secretary shall also take appropriate 
steps to ensure that project-based contracts remain in ef-
fect prior to foreclosure, subject to the exercise of contrac-
tual abatement remedies to assist relocation of tenants for 
imminent major threats to health and safety. After dis-
position of any multifamily property described under this 
section, the contract and allowable rent levels on such 
properties shall be subject to the requirements under sec-
tion 524 of MAHRAA. 
SEC. 218. During fiscal year 2011, in the provision 
of rental assistance under section 8(o) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con-
nection with a program to demonstrate the economy and 
effectiveness of providing such assistance for use in as-
sisted living facilities that is carried out in the counties 
of the State of Michigan notwithstanding paragraphs (3) 
and (18)(B)(iii) of such section 8(o), a family residing in 
an assisted living facility in any such county, on behalf 
of which a public housing agency provides assistance pur-
suant to section 8(o)(18) of such Act, may be required, 
at the time the family initially receives such assistance, 
to pay rent in an amount exceeding 40 percent of the 
monthly adjusted income of the family by such a percent-
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age or amount as the Secretary of Housing and Urban 
Development determines to be appropriate. 
SEC. 219. The Secretary of Housing and Urban De-
velopment shall report quarterly to the House of Rep-
resentatives and Senate Committees on Appropriations on 
HUD’s use of all sole source contracts, including terms 
of the contracts, cost, and a substantive rationale for 
using a sole source contract. 
SEC. 220. Notwithstanding any other provision of 
law, the recipient of a grant under section 202b of the 
Housing Act of 1959 (12 U.S.C. 1701q) after December 
26, 2000, in accordance with the unnumbered paragraph 
at the end of section 202(b) of such Act, may, at its op-
tion, establish a single-asset nonprofit entity to own the 
project and may lend the grant funds to such entity, which 
may be a private nonprofit organization described in sec-
tion 831 of the American Homeownership and Economic 
Opportunity Act of 2000. 
SEC. 221. (a) The amounts provided under the sub-
heading ‘‘Program Account’’ under the heading ‘‘Commu-
nity Development Loan Guarantees’’ may be used to guar-
antee, or make commitments to guarantee, notes, or other 
obligations issued by any State on behalf of non-entitle-
ment communities in the State in accordance with the re-
quirements of section 108 of the Housing and Community 
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Development Act of 1974 in fiscal year 2011 and subse-
quent years: Provided, That, any State receiving such a 
guarantee or commitment shall distribute all funds subject 
to such guarantee to the units of general local government 
in non-entitlement areas that received the commitment. 
(b) Not later than 60 days after the date of enact-
ment of this Act, the Secretary of Housing and Urban 
Development shall promulgate regulations governing the 
administration of the funds described under subsection 
(a). 
SEC. 222. Section 24 of the United States Housing 
Act of 1937 (42 U.S.C. 1437v) is amended— 
(1) in subsection (m)(1), by striking ‘‘fiscal 
year’’ and all that follows through the period at the 
end and inserting ‘‘fiscal year 2011.’’; and 
(2) in subsection (o), by striking ‘‘September’’ 
and all that follows through the period at the end 
and inserting ‘‘September 30, 2011.’’. 
SEC. 223. Public housing agencies that own and oper-
ate 400 or fewer public housing units may elect to be ex-
empt from any asset management requirement imposed by 
the Secretary of Housing and Urban Development in con-
nection with the operating fund rule: Provided, That an 
agency seeking a discontinuance of a reduction of subsidy 
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