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comparable units in the applicable private unassisted
market.
(2) UNREASONABLE RENTS.—If the agency deter-
mines that the rent charged for a dwelling unit ex-
ceeds such comparable rents, the agency shall—
(A) inform the assisted family renting the
unit that such rent exceeds the rents for com-
parable unassisted units in the market; and
(B) refuse to provide housing assistance
payments for such unit.
SEC. 355. PROHIBITION OF ASSISTANCE FOR VACANT RENT-
AL UNITS.
If an assisted family vacates a dwelling unit for which
rental assistance is provided under a housing assistance
payments contract before the expiration of the term of the
lease for the unit, rental assistance pursuant to such con-
tract may not be provided for the unit after the month dur-
ing which the unit was vacated.
Subtitle D—General and
Miscellaneous Provisions
SEC. 371. DEFINITIONS.
For purposes of this title:
(1) ASSISTED DWELLING UNIT.—The term ‘‘as-
sisted dwelling unit’’ means a dwelling unit in which
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an assisted family resides and for which housing as-
sistance payments are made under this title.
(2) ASSISTED FAMILY.—The term ‘‘assisted fam-
ily’’ means an eligible family on whose behalf housing
assistance payments are made under this title or who
has been selected and approved for housing assistance.
(3) CHOICE-BASED.—The term ‘‘choice-based’’
means, with respect to housing assistance, that the as-
sistance is not attached to a dwelling unit but can be
used for any eligible dwelling unit selected by the eli-
gible family.
(4) ELIGIBLE DWELLING UNIT.—The term ‘‘eligi-
ble dwelling unit’’ means a dwelling unit that com-
plies with the requirements under section 328 for con-
sideration as an eligible dwelling unit.
(5) ELIGIBLE FAMILY.—The term ‘‘eligible fam-
ily’’ means a family that meets the requirements
under section 321(a) for assistance under this title.
(6) HOMEOWNERSHIP
ASSISTANCE.—The term
‘‘homeownership assistance’’ means housing assistance
provided under section 329 for the ownership of a
dwelling unit.
(7) HOUSING ASSISTANCE.—The term ‘‘housing
assistance’’ means choice-based assistance provided
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under this title on behalf of low-income families for
the rental or ownership of an eligible dwelling unit.
(8) 
HOUSING
ASSISTANCE
PAYMENTS
CON-
TRACT.—The term ‘‘housing assistance payments con-
tract’’ means a contract under section 351 between a
public housing agency (or the Secretary) and an
owner to make housing assistance payments under
this title to the owner on behalf of an assisted family.
(9) PUBLIC HOUSING AGENCY.—The terms ‘‘pub-
lic housing agency’’ and ‘‘agency’’ have the meaning
given such terms in section 103, except that the terms
include—
(A) a consortia of public housing agencies
that the Secretary determines has the capacity
and capability to administer a program for
housing assistance under this title in an efficient
manner;
(B) any other entity that, upon the effective
date of this Act, was administering any program
for tenant-based rental assistance under section 8
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), pursuant to a con-
tract with the Secretary or a public housing
agency; and
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(C) with respect to any area in which no
public housing agency has been organized or
where the Secretary determines that a public
housing agency is unwilling or unable to imple-
ment this title, or is not performing effectively—
(i) the Secretary or another entity that
by contract agrees to receive assistance
amounts under this title and enter into
housing assistance payments contracts with
owners and perform the other functions of
public housing agency under this title; or
(ii) notwithstanding any provision of
State or local law, a public housing agency
for another area that contracts with the
Secretary to administer a program for
housing assistance under this title, without
regard to any otherwise applicable limita-
tions on its area of operation.
(10) OWNER.—The term ‘‘owner’’ means the per-
son or entity having the legal right to lease or sub-
lease dwelling units. Such term includes any prin-
cipals, general partners, primary shareholders, and
other similar participants in any entity owning a
multifamily housing project, as well as the entity it-
self.
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(11) RENT.—The terms ‘‘rent’’ and ‘‘rental’’ in-
clude, with respect to members of a cooperative, the
charges under the occupancy agreements between such
members and the cooperative.
(12) RENTAL ASSISTANCE.—The term ‘‘rental as-
sistance’’ means housing assistance provided under
this title for the rental of a dwelling unit.
SEC. 372. RENTAL ASSISTANCE FRAUD RECOVERIES.
(a) AUTHORITY TO RETAIN RECOVERED AMOUNTS.—
The Secretary shall permit public housing agencies admin-
istering housing assistance under this title to retain, out
of amounts obtained by the authorities from tenants that
are due as a result of fraud and abuse, an amount (deter-
mined in accordance with regulations issued by the Sec-
retary) equal to the greater of—
(1) 50 percent of the amount actually collected;
or
(2) the actual, reasonable, and necessary ex-
penses related to the collection, including costs of in-
vestigation, legal fees, and collection agency fees.
(b) USE.—Amounts retained by an agency shall be
made available for use in support of the affected program
or project, in accordance with regulations issued by the Sec-
retary. If the Secretary is the principal party initiating