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retary shall differentiate between major and minor
violations of such standards.
(e) NUMBER OF FAMILIES ASSISTED.—A participat-
ing jurisdiction shall ensure that, in providing assistance
with amounts received pursuant to this title in each fiscal
year, not less than substantially the same total number of
eligible low-income families are assisted as would have been
assisted had the amounts of covered housing assistance not
been combined for use under this title.
(f) CONSISTENCY WITH WELFARE PROGRAM.—A par-
ticipating jurisdiction shall ensure that assistance provided
with amounts received pursuant to this title is provided in
a manner that is consistent with the welfare, public assist-
ance, or other economic self-sufficiency programs operating
in the jurisdiction by facilitating the transition of assisted
families to work, which may include requiring compliance
with the requirements under such welfare, public assistance,
or self-sufficiency programs as a condition of receiving
housing assistance with amounts provided under this title.
(g) TREATMENT
OF CURRENTLY ASSISTED FAMI-
LIES.—
(1) CONTINUATION OF ASSISTANCE.—A partici-
pating jurisdiction shall ensure that each family that
was receiving housing assistance or residing in an as-
sisted dwelling unit pursuant to any of the programs
227
included as covered housing assistance immediately
before the jurisdiction initially provides assistance
pursuant to this title shall be offered assistance or an
assisted dwelling unit under the program of the juris-
diction under this title.
(2) PHASE-IN
OF
RENT
CONTRIBUTION
IN-
CREASES.—For any family that was receiving hous-
ing assistance pursuant to any of the programs in-
cluded as covered housing assistance immediately be-
fore the jurisdiction initially provides assistance pur-
suant to this title, if the monthly contribution for
rental of a dwelling unit assisted under this title to
be paid by the family upon initial applicability of
this title is greater than the amount paid by the fam-
ily immediately before such applicability, any such
resulting increase in rent contribution 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
(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.
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(h) AMOUNT OF ASSISTANCE.—In providing housing
assistance using amounts received pursuant to this title, the
amount of assistance provided by a participating jurisdic-
tion on behalf of each assisted low-income family shall be
sufficient so that if the family used such assistance to rent
a dwelling unit having a rent equal to the 40th percentile
of rents for standard quality rental units of the same size
and type in the same market area, the contribution toward
rental paid by the family would be affordable (as such term
is defined by the jurisdiction) to the family.
(i) PORTABILITY.—A participating jurisdiction shall
ensure that financial assistance for housing provided with
amounts received pursuant to this title may be used by a
family moving from an assisted dwelling unit located with-
in the jurisdiction to obtain a dwelling unit located outside
of the jurisdiction.
(j) PREFERENCES.—In providing housing assistance
using amounts received pursuant to this section, a partici-
pating jurisdiction may establish a system for making
housing assistance available that provides preference for as-
sistance to families having certain characteristics. A system
of preferences established pursuant to this subsection shall
be based on local housing needs and priorities, as deter-
mined by the jurisdiction using generally accepted data
sources.
229
SEC. 405. APPLICABILITY OF CERTAIN PROVISIONS.
(a) PUBLIC HOUSING DEMOLITION AND DISPOSITION
REQUIREMENTS.—Section 261 shall continue to apply to
public housing notwithstanding any use of the housing
under this title.
(b) LABOR STANDARDS.—Section 112 shall apply to
housing assisted with amounts provided pursuant to this
title, other than housing assisted solely due to occupancy
by families receiving tenant-based assistance.
SEC. 406. APPLICATION.
(a) IN GENERAL.—The Secretary shall provide for ju-
risdictions to submit applications to receive and use covered
housing assistance amounts as authorized in this title for
periods of not less than 1 and not more than 5 fiscal years.
An application—
(1) shall be submitted only after the jurisdiction
provides for citizen participation through a public
hearing and, if appropriate, other means;
(2) shall include a plan developed by the juris-
diction for the provision of housing assistance with
amounts received pursuant to this title that takes into
consideration comments from the public hearing and
any other public comments on the proposed program,
and comments from current and prospective residents
who would be affected, and that includes criteria for
230
meeting each of the requirements under section 404
and this title;
(3) shall describe how the plan for use of
amounts will assist in meeting the goals set forth in
section 401;
(4) shall propose standards for measuring per-
formance in using assistance provided pursuant to
this title based on the performance standards under
subsection (b)(2);
(5) shall propose the length of the period for
which the jurisdiction is applying for assistance
under this title;
(6) may include a request assistance for training
and technical assistance to assist with design of the
program and to participate in a detailed evaluation;
(7) shall—
(A) in the case of the application of any ju-
risdiction within whose boundaries are areas
subject to any other unit of general local govern-
ment, include the signed consent of the appro-
priate executive official of such unit to the appli-
cation; and
(B) in the case of the application of a con-
sortia of units of general local government (as
provided under section 409(1)(B)), include the
231
signed consent of the appropriate executive offi-
cials of each unit included in the consortia;
(8) shall include information sufficient, in the
determination of the Secretary—
(A) to demonstrate that the jurisdiction has
or will have management and administrative ca-
pacity sufficient to carry out the plan under
paragraph (2);
(B) to demonstrate that carrying out the
plan will not result in excessive duplication of
administrative efforts and costs, particularly
with respect to activities performed by public
housing agencies operating within the boundaries
of the jurisdiction;
(C) to describe the function and activities to
be carried out by such public housing agencies
affected by the plan; and
(D) to demonstrate that the amounts re-
ceived by the jurisdiction will be maintained
separate from other funds available to the juris-
diction and will be used only to carry out the
plan; and
(9) shall include information describing how the
jurisdiction will make decisions regarding asset man-
agement of housing for low-income families under
232
programs for covered housing assistance or assisted
with grant amounts under this title.
A plan required under paragraph (2) to be included in the
application may be contained in a memorandum of agree-
ment or other document executed by a jurisdiction and pub-
lic housing agency, if such document is submitted together
with the application.
(b) REVIEW, APPROVAL, AND PERFORMANCE STAND-
ARDS.—
(1) REVIEW.—The Secretary shall review appli-
cations for assistance pursuant to this title and shall
approve or disapprove such applications within 60
days after their submission. The Secretary shall pro-
vide affected public housing agencies an opportunity
to review an application submitted under this sub-
section and to provide written comments on the ap-
plication, which shall be a period of not less than 30
days ending before the Secretary approves or dis-
approves the application. If the Secretary determines
that the application complies with the requirements of
this title, the Secretary shall offer to enter into an
agreement with jurisdiction providing for assistance
pursuant to this title and incorporating a require-
ment that the jurisdiction achieve a particular level
of performance in each of the areas for which per-