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lists for admissions to public housing developments of the
agency, which may include (notwithstanding any other law,
regulation, handbook, or notice to the contrary) a system
of site-based waiting lists whereby applicants may apply
directly at or otherwise designate the development or devel-
opments in which they seek to reside. All such procedures
shall comply with all provisions of title VI of the Civil
Rights Act of 1964, the Fair Housing Act, and other appli-
cable civil rights laws.
(d) CONFIDENTIALITY FOR VICTIMS OF DOMESTIC VIO-
LENCE.—A public housing agency shall be subject to the re-
strictions regarding release of information relating to the
identity and new residence of any family in public housing
that was a victim of domestic violence that are applicable
to shelters pursuant to the Family Violence Prevention and
Services Act. The agency shall work with the United States
Postal Service to establish procedures consistent with the
confidentiality provisions in the Violence Against Women
Act of 1994.
(e) TRANSFERS.—A public housing agency may apply,
to each public housing resident seeking to transfer from one
development to another development owned or operated by
the agency, the screening procedures applicable at such time
to new applicants for public housing.
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SEC. 225. FAMILY CHOICE OF RENTAL PAYMENT.
(a) RENTAL CONTRIBUTION BY RESIDENT.—A family
residing in a public housing dwelling shall pay as monthly
rent for the unit the amount determined under paragraph
(1) or (2) of subsection (b), subject to the requirement under
subsection (c). Each public housing agency shall provide for
each family residing in a public housing dwelling unit
owned or administered by the agency to elect annually
whether the rent paid by such family shall be determined
under paragraph (1) or (2) of subsection (b).
(b) ALLOWABLE RENT STRUCTURES.—
(1) FLAT RENTS.—Each public housing agency
shall establish, for each dwelling unit in public hous-
ing owned or administered by the agency, a flat rent-
al amount for the dwelling unit, which shall—
(A) be based on the rental value of the unit,
as determined by the public housing agency; and
(B) be designed in accordance with sub-
section (e) so that the rent structures do not cre-
ate a disincentive for continued residency in
public housing by families who are attempting to
become economically self-sufficient through em-
ployment or who have attained a level of self-suf-
ficiency through their own efforts.
The rental amount for a dwelling unit shall be con-
sidered to comply with the requirements of this para-
103
graph if such amount does not exceed the actual
monthly costs to the public housing agency attrib-
utable to providing and operating the dwelling unit.
The preceding sentence may not be construed to re-
quire establishment of rental amounts equal to or
based on operating costs or to prevent public housing
agencies from developing flat rents required under
this paragraph in any other manner that may com-
ply with this paragraph.
(2) INCOME-BASED RENTS.—The monthly rental
amount determined under this paragraph for a fam-
ily shall be an amount, determined by the public
housing agency, that does not exceed the greatest of
the following amounts (rounded to the nearest dollar):
(A) 30 percent of the monthly adjusted in-
come of the family.
(B) 10 percent of the monthly income of the
family.
(C) If the family is receiving payments for
welfare assistance from a public agency and a
part of such payments, adjusted in accordance
with the actual housing costs of the family, is
specifically designated by such agency to meet
the housing costs of the family, the portion of
such payments that is so designated.
104
Nothing in this paragraph may be construed to re-
quire a public housing agency to charge a monthly
rent in the maximum amount permitted under this
paragraph.
(c) MINIMUM RENTAL AMOUNT.—Notwithstanding the
method for rent determination elected by a family pursuant
to subsection (a), each public housing agency shall require
that the monthly rent for each dwelling unit in public hous-
ing owned or administered by the agency shall not be less
than a minimum amount (which amount shall include any
amount allowed for utilities), which shall be an amount de-
termined by the agency that is not less than $25 nor more
than $50.
(d) HARDSHIP PROVISIONS.—
(1) MINIMUM RENTAL.—
(A) IN
GENERAL.—Notwithstanding sub-
section (c), a public housing agency shall grant
an exemption from application of the minimum
monthly rental under such subsection to any
family unable to pay such amount because of fi-
nancial hardship, which shall include situations
in which (i) the family has lost eligibility for or
is awaiting an eligibility determination for a
Federal, State, or local assistance program; (ii)
the family would be evicted as a result of the im-
105
position of the minimum rent requirement under
subsection (c); (iii) the income of the family has
decreased because of changed circumstance, in-
cluding loss of employment; and (iv) a death in
the family has occurred; and other situations as
may be determined by the agency.
(B) WAITING
PERIOD.—If a resident re-
quests a hardship exemption under this para-
graph and the public housing agency reasonably
determines the hardship to be of a temporary na-
ture, an exemption shall not be granted during
the 90-day period beginning upon the making of
a request for the exemption. A resident may not
be evicted during such 90-day period for nonpay-
ment of rent. In such a case, if the resident
thereafter demonstrates that the financial hard-
ship is of a long-term basis, the agency shall
retroactively exempt the resident from the appli-
cability of the minimum rent requirement for
such 90-day period.
(2) SWITCHING
RENT
DETERMINATION
METH-
ODS.—Notwithstanding subsection (a), in the case of
a family that has elected to pay rent in the amount
determined under subsection (b)(1), a public housing
agency shall provide for the family to pay rent in the
106
amount determined under subsection (b)(2) during
the period for which such election was made if the
family is unable to pay the amount determined under
subsection (b)(1) because of financial hardship, in-
cluding—
(A) situations in which the income of the
family has decreased because of changed cir-
cumstances, loss of reduction of employment,
death in the family, and reduction in or loss of
income or other assistance;
(B) an increase, because of changed cir-
cumstances, in the family’s expenses for—
(i) medical costs;
(ii) child care;
(iii) transportation;
(iv) education; or
(v) similar items; and
(C) such other situations as may be deter-
mined by the agency.
(e) ENCOURAGEMENT
OF SELF-SUFFICIENCY.—The
rental policy developed by each public housing agency shall
encourage and reward employment and economic self-suffi-
ciency.
(f) INCOME REVIEWS.—Each public housing agency
shall review the income of each family occupying a dwelling
107
unit in public housing owned or administered by the agency
not less than annually, except that, in the case of families
that are paying rent in the amount determined under sub-
section (b)(1), the agency shall review the income of such
family not less than once every 3 years.
(g) DISALLOWANCE OF EARNED INCOME FROM RENT
DETERMINATIONS.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, the rent payable under this section
by a family whose income increases as a result of em-
ployment of a member of the family who was pre-
viously unemployed for 1 or more years (including a
family whose income increases as a result of the par-
ticipation of a family member in any family self-suf-
ficiency or other job training program) may not be
increased as a result of the increased income due to
such employment during the 18-month period begin-
ning on the date on which the employment is com-
menced.
(2) PHASE-IN OF RENT INCREASES.—After the
expiration of the 18-month period referred to in para-
graph (1), rent increases due to the continued employ-
ment of the family member described in paragraph
(1) shall be phased in over a subsequent 3-year pe-
riod.
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(3) TRANSITION.—Notwithstanding the provi-
sions of paragraphs (1) and (2), any resident of pub-
lic housing participating in the program under the
authority contained in the undesignated paragraph at
the end of section 3(c)(3) of the United States Hous-
ing Act of 1937 (as in effect before the effective date
of the repeal under section 601(b) of this Act) shall
be governed by such authority after such date.
(h) PHASE-IN OF RENT CONTRIBUTION INCREASES
AFTER EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), for any family residing in a dwelling unit
in public housing upon the effective date of this Act,
if the monthly contribution for rental of an assisted
dwelling unit to be paid by the family upon initial
applicability of this title is greater than the amount
paid by the family under the provisions of the United
States Housing Act of 1937 immediately before such
applicability, any such resulting increase in rent con-
tribution shall be—
(A) phased in equally over a period of not
less than 3 years, if such increase is 30 percent
or more of such contribution before initial appli-
cability; and