agency compared to the total investment
(including costs of operation) in the devel-
opment;
(iii) which units are subject to the stat-
utory and regulatory requirements of the
public housing program, except that the
Secretary may grant appropriate waivers to
such statutory and regulatory requirements
if reductions in funding or other changes to
the program make continued application of
such requirements impracticable;
(iv) which units are specially des-
ignated as dwelling units under this sub-
paragraph, except the equivalent units in
the development may be substituted for des-
ignated units during the period the units
are subject to the requirements of the public
housing program; and
(v) which units shall be eligible for as-
sistance under this title; and
(C) is owned by the public housing agency,
an affiliate controlled by it, or another appro-
priate entity.
Notwithstanding any other provision of this title, to
facilitate the establishment of socioeconomically mixed
communities, a public housing agency that uses grant
amounts under this title for a mixed income develop-
ment under this paragraph may, to the extent that
income from such a development reduces the amount
of grant amounts used for operating or other costs re-
lating to public housing, use such resulting savings to
rent privately developed dwelling units in the neigh-
borhood of the mixed income development. Such units
shall be made available for occupancy only by low-in-
come families eligible for residency in public housing.
SEC. 222. FAMILY ELIGIBILITY.
(a) IN GENERAL.—Dwelling units in public housing
may be rented only to families who are low-income families
at the time of their initial occupancy of such units.
(b) INCOME MIX WITHIN DEVELOPMENTS.—A public
housing agency may establish and utilize income-mix cri-
teria for the selection of residents for dwelling units in pub-
lic housing developments that limit admission to a develop-
ment by selecting applicants having incomes appropriate
so that the mix of incomes of families occupying the develop-
ment at any time is proportional to the income mix in the
eligible population of the jurisdiction of the agency at such
time, as adjusted to take into consideration the severity of
housing need. Any criteria established under this subsection
shall be subject to the provisions of subsection (c).
(c) INCOME MIX.—
(1) PHA INCOME MIX.—Of the public housing
dwelling units of a public housing agency made avail-
able for occupancy by eligible families, not less than
35 percent shall be occupied by families whose in-
comes at the time of occupancy do not exceed 30 per-
cent of the area median income, as determined by the
Secretary with adjustments for smaller and larger
families, except that the Secretary, may for purposes
of this subsection, establish income ceilings higher or
lower than 30 percent of the median for the area on
the basis of the Secretary’s findings that such vari-
ations are necessary because of unusually high or low
family incomes. This paragraph may not be con-
strued to create any authority on the part of any
public housing agency to evict any family residing in
public housing solely because of the income of the
family or because of any noncompliance or over-
compliance with the requirement of this paragraph.
(2) PROHIBITION OF CONCENTRATION OF LOW-IN-
COME FAMILIES.—A public housing agency may not,
in complying with the requirements under paragraph
(1), concentrate very low-income families (or other
families with relatively low incomes) in public hous-
ing dwelling units in certain public housing develop-
ments or certain buildings within developments. The
Secretary may review the income and occupancy
characteristics of the public housing developments,
and the buildings of such developments, of public
housing agencies to ensure compliance with the provi-
sions of this paragraph.
(3) FUNGIBILITY
WITH
CHOICE-BASED
ASSIST-
ANCE.—If, during a fiscal year, a public housing
agency provides choice-based housing assistance under
title III for a number of low-income families, who are
initially assisted by the agency in such year and have
incomes described in section 321(b) (relating to in-
come targeting), which exceeds the number of families
that is required for the agency to comply with the
percentage requirement under such section 321(b) for
such fiscal year, notwithstanding paragraph (1) of
this subsection, the number of public housing dwelling
units that the agency must otherwise make available
in accordance with such paragraph to comply with
the percentage requirement under such paragraph
shall be reduced by such excess number of families for
such fiscal year.
(d) WAIVER OF ELIGIBILITY REQUIREMENTS FOR OC-
CUPANCY BY POLICE OFFICERS.—
(1) AUTHORITY AND WAIVER.—To the extent nec-
essary to provide occupancy in public housing dwell-
ing units to police officers and other law enforcement
or security personnel (who are not otherwise eligible
for residence in public housing) and to increase secu-
rity for other public housing residents in develop-
ments where crime has been a problem, a public hous-
ing agency may, with respect to such units and sub-
ject to paragraph (2)—
(A) waive—
(i) the provisions of subsection (a) of
this section and section 225(a); and
(ii) the applicability of—
(I) any preferences for occupancy
established under section 223;
(II) the minimum rental amount
established pursuant to section 225(c)
and any maximum monthly rental
amount established pursuant to section
225(b);
(III) any criteria relating to in-
come mix within developments estab-
lished under subsection (b);
(IV) the income mix requirements
under subsection (c); and
(V) any other occupancy limita-
tions or requirements; and
(B) establish special rent requirements and
other terms and conditions of occupancy.
(2) CONDITIONS OF WAIVER.—A public housing
agency may take the actions authorized in paragraph
(1) only if agency determines that such actions will
increase security in the public housing developments
involved and will not result in a significant reduction
of units available for residence by low-income fami-
lies.
SEC. 223. PREFERENCES FOR OCCUPANCY.
(a) AUTHORITY TO ESTABLISH.—Each public housing
agency may establish a system for making dwelling units
in public housing available for occupancy that provides
preference for such occupancy to families having certain
characteristics.
(b) CONTENT.—Each system of preferences established
pursuant to this section shall be based upon local housing
needs and priorities, as determined by the public housing
agency using generally accepted data sources, including any
information obtained pursuant to an opportunity for public
comment as provided under section 106(e) and under the
requirements applicable to the comprehensive housing af-
fordability strategy for the relevant jurisdiction.
100
(c) SENSE OF THE CONGRESS.—It is the sense of the
Congress that, to the greatest extent practicable, public
housing agencies involved in the selection of tenants under
the provisions of this title should adopt preferences for indi-
viduals who are victims of domestic violence.
SEC. 224. ADMISSION PROCEDURES.
(a) ADMISSION REQUIREMENTS.—A public housing
agency shall ensure that each family residing in a public
housing development owned or administered by the agency
is admitted in accordance with the procedures established
under this title by the agency and the income limits under
section 222.
(b) NOTIFICATION
OF APPLICATION DECISIONS.—A
public housing agency shall establish procedures designed
to provide for notification to an applicant for admission
to public housing of the determination with respect to such
application, the basis for the determination, and, if the ap-
plicant is determined to be eligible for admission, the pro-
jected date of occupancy (to the extent such date can reason-
ably be determined). If an agency denies an applicant ad-
mission to public housing, the agency shall notify the appli-
cant that the applicant may request an informal hearing
on the denial within a reasonable time of such notification.
(c) SITE-BASED WAITING LISTS.—A public housing
agency may establish procedures for maintaining waiting