109
(B) limited to not more than 10 percent per
year if such increase is more than 10 percent but
less than 30 percent of such contribution before
initial applicability.
(2) EXCEPTION.—The minimum rental amount
under subsection (c) shall apply to each family de-
scribed in paragraph (1) of this subsection, notwith-
standing such paragraph.
SEC. 226. LEASE REQUIREMENTS.
In renting dwelling units in a public housing develop-
ment, each public housing agency shall utilize leases that—
(1) do not contain unreasonable terms and con-
ditions;
(2) obligate the public housing agency to main-
tain the development in compliance with the housing
quality requirements under section 232;
(3) require the public housing agency to give
adequate written notice of termination of the lease,
which shall not be less than—
(A) the period provided under the applica-
ble law of the jurisdiction or 14 days, whichever
is less, in the case of nonpayment of rent;
(B) a reasonable period of time, but not to
exceed 14 days, when the health or safety of other
110
residents or public housing agency employees is
threatened; and
(C) the period of time provided under the
applicable law of the jurisdiction, in any other
case;
(4) contain the provisions required under sec-
tions 642 and 643 (relating to limitations on occu-
pancy in federally assisted housing); and
(5) specify that, with respect to any notice of
eviction or termination, notwithstanding any State
law, a public housing resident shall be informed of the
opportunity, prior to any hearing or trial, to exam-
ine any relevant documents, records or regulations di-
rectly related to the eviction or termination.
SEC. 227. DESIGNATED HOUSING FOR ELDERLY AND DIS-
ABLED FAMILIES.
(a) AUTHORITY TO PROVIDE DESIGNATED HOUS-
ING.—
(1) IN GENERAL.—Subject only to provisions of
this section and notwithstanding any other provision
of law, a public housing agency for which the infor-
mation required under subsection (d) is in effect may
provide public housing developments (or portions of
developments) designated for occupancy by (A) only
111
elderly families, (B) only disabled families, or (C) el-
derly and disabled families.
(2) PRIORITY FOR OCCUPANCY.—In determining
priority for admission to public housing developments
(or portions of developments) that are designated for
occupancy as provided in paragraph (1), the public
housing agency may make units in such developments
(or portions) available only to the types of families
for whom the development is designated.
(3) ELIGIBILITY OF NEAR-ELDERLY FAMILIES.—
If a public housing agency determines that there are
insufficient numbers of elderly families to fill all the
units in a development (or portion of a development)
designated under paragraph (1) for occupancy by
only elderly families, the agency may provide that
near-elderly families may occupy dwelling units in
the development (or portion).
(b) STANDARDS REGARDING EVICTIONS.—Except as
provided in subtitle C of title VI, any tenant who is law-
fully residing in a dwelling unit in a public housing devel-
opment may not be evicted or otherwise required to vacate
such unit because of the designation of the development (or
portion of a development) pursuant to this section or be-
cause of any action taken by the Secretary or any public
housing agency pursuant to this section.
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(c) RELOCATION
ASSISTANCE.—A public housing
agency that designates any existing development or build-
ing, or portion thereof, for occupancy as provided under
subsection (a)(1) shall provide, to each person and family
who agrees to be relocated in connection with such designa-
tion—
(1) notice of the designation and an explanation
of available relocation benefits, as soon as is prac-
ticable for the agency and the person or family;
(2) access to comparable housing (including ap-
propriate services and design features), which may
include choice-based rental housing assistance under
title III, at a rental rate paid by the tenant that is
comparable to that applicable to the unit from which
the person or family has vacated; and
(3) payment of actual, reasonable moving ex-
penses.
(d) REQUIRED INCLUSIONS IN LOCAL HOUSING MAN-
AGEMENT PLAN.—A public housing agency may designate
a development (or portion of a development) for occupancy
under subsection (a)(1) only if the agency, as part of the
agency’s local housing management plan—
(1) establishes that the designation of the devel-
opment is necessary—
113
(A) to achieve the housing goals for the ju-
risdiction under the comprehensive housing af-
fordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing
Act; or
(B) to meet the housing needs of the low-in-
come population of the jurisdiction; and
(2) includes a description of—
(A) the development (or portion of a devel-
opment) to be designated;
(B) the types of tenants for which the devel-
opment is to be designated;
(C) any supportive services to be provided
to tenants of the designated development (or por-
tion);
(D) how the design and related facilities (as
such term is defined in section 202(d)(8) of the
Housing Act of 1959) of the development accom-
modate the special environmental needs of the
intended occupants; and
(E) any plans to secure additional resources
or housing assistance to provide assistance to
families that may have been housed if occupancy
in the development were not restricted pursuant
to this section.
114
For purposes of this subsection, the term ‘‘supportive serv-
ices’’ means services designed to meet the special needs of
residents. Notwithstanding section 107, the Secretary may
approve a local housing management plan without approv-
ing the portion of the plan covering designation of a devel-
opment pursuant to this section.
(e) EFFECTIVENESS.—
(1) INITIAL 5-YEAR EFFECTIVENESS.—The infor-
mation required under subsection (d) shall be in effect
for purposes of this section during the 5-year period
that begins upon notification under section 107(a) of
the public housing agency that the information com-
plies with the requirements under section 106 and
this section.
(2) RENEWAL.—Upon the expiration of the 5-
year period under paragraph (1) or any 2-year pe-
riod under this paragraph, an agency may extend the
effectiveness of the designation and information for an
additional 2-year period (that begins upon such expi-
ration) by submitting to the Secretary any informa-
tion needed to update the information. The Secretary
may not limit the number of times a public housing
agency extends the effectiveness of a designation and
information under this paragraph.
115
(3) TREATMENT OF EXISTING PLANS.—Notwith-
standing any other provision of this section, a public
housing agency shall be considered to have submitted
the information required under this section if the
agency has submitted to the Secretary an application
and allocation plan under section 7 of the United
States Housing Act of 1937 (as in effect before the ef-
fective date of the repeal under section 601(b) of this
Act) that has not been approved or disapproved before
such effective date.
(4) TRANSITION
PROVISION.—Any application
and allocation plan approved under section 7 of the
United States Housing Act of 1937 (as in effect before
the effective date of the repeal under section 601(b) of
this Act) before such effective date shall be considered
to be the information required to be submitted under
this section and that is in effect for purposes of this
section for the 5-year period beginning upon such ap-
proval.
(f) INAPPLICABILITY OF UNIFORM RELOCATION AS-
SISTANCE AND REAL PROPERTY ACQUISITIONS POLICY ACT
OF 1970.—No resident of a public housing development
shall be considered to be displaced for purposes of the Uni-
form Relocation Assistance and Real Property Acquisitions
Policy Act of 1970 because of the designation of any existing
127
of the total block grant amounts for the public housing agen-
cy transferring the housing, taking into consideration the
operating and capital improvement needs of the specified
housing, the operating and capital improvement needs of
the remaining public housing units managed by the public
housing agency, and the local housing management plan
of such agency.
(c) CONTRACT
BETWEEN
SECRETARY
AND
MAN-
AGER.—
(1) REQUIREMENTS.—Pursuant to the approval
of a request under this section for transfer of the man-
agement of specified housing, the Secretary shall enter
into a contract with the eligible management entity.
(2) TERMS.— A contract under this subsection
shall contain provisions establishing the rights and
responsibilities of the manager with respect to the
specified housing and the Secretary and shall be con-
sistent with the requirements of this Act applicable to
public housing developments.
(d) COMPLIANCE WITH LOCAL HOUSING MANAGE-
MENT PLAN.—A manager of specified housing under this
section shall comply with the approved local housing man-
agement plan applicable to the housing and shall submit
such information to the public housing agency from which
management was transferred as may be necessary for such