42 USC 1437z-5 - Required conversion of distressed public housing to tenant-based assistance

U.S Code last checked for updates: Oct 17, 2024

§ 1437z–5.

Required conversion of distressed public housing to tenant-based assistance

(a)

Identification of units

Each public housing agency shall identify all public housing projects of the public housing agency that meet all of the following requirements:

(1)

The project is on the same or contiguous sites.

(2)

The project is determined by the public housing agency to be distressed, which determination shall be made in accordance with guidelines established by the Secretary, which guidelines shall take into account the criteria established in the Final Report of the National Commission on Severely Distressed Public Housing (August 1992).

(3)

The project—

(A)

is identified as distressed housing under paragraph (2) for which the public housing agency cannot assure the long-term viability as public housing through reasonable modernization expenses, density reduction, achievement of a broader range of family income, or other measures; or

(B)

has an estimated cost, during the remaining useful life of the project, of continued operation and modernization as public housing that exceeds the estimated cost, during the remaining useful life of the project, of providing tenant-based assistance under section 1437f of this title for all families in occupancy, based on appropriate indicators of cost (such as the percentage of total development costs required for modernization).

(b)

Consultation

(c)

Plan for removal of units from inventories of PHAs

(1)

Development

(2)

Approval

Each plan required under paragraph (1) shall—

(A)

be included as part of the public housing agency plan;

(B)

be certified by the relevant local official to be in accordance with the comprehensive housing affordability strategy under title I of the Housing and Community Development Act of 1992; and

(C)

include a description of any disposition and demolition plan for the public housing units.

(3)

Extensions

(4)

Review by Secretary

(A)

Failure to identify projects

(B)

Erroneous identification of projects

If the Secretary determines, based on a plan submitted under this subsection, that a public housing agency has identified 1 or more public housing projects that should not have been identified pursuant to subsection (a), the Secretary shall—

(i)

require the public housing agency to revise the plan of the public housing agency under this subsection; and

(ii)

prohibit the removal of any such public housing project from the inventory of the public housing agency under this section.

(d)

Conversion to tenant-based assistance

(1)

In general

(2)

Conversion requirements

Each agency carrying out a plan under subsection (c) for removal of public housing dwelling units from the inventory of the agency shall—

(A)

notify each family residing in a public housing project to be converted under the plan 90 days prior to the displacement date, except in cases of imminent threat to health or safety, consistent with any guidelines issued by the Secretary governing such notifications, that—

(i)

the public housing project will be removed from the inventory of the public housing agency; and

(ii)

each family displaced by such action will be offered comparable housing—

(I)

that meets housing quality standards; and

(II)

which may include—

(aa)

tenant-based assistance, except that the requirement under this clause regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of such family into such housing;

(bb)

project-based assistance; or

(cc)

occupancy in a unit operated or assisted by the public housing agency at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is vacated.

(B)

provide any necessary counseling for families displaced by such action;

(C)

ensure that, if the project (or portion) converted is used as housing after such conversion, each resident may choose to remain in their dwelling unit in the project and use the tenant-based assistance toward rent for that unit;

(D)

ensure that each displaced resident is offered comparable housing in accordance with the notice under subparagraph (A); and

(E)

provide any actual and reasonable relocation expenses for families displaced by such action.

(e)

Cessation of unnecessary spending

(f)

Use of budget authority

Notwithstanding any other provision of law, if a project or projects are identified pursuant to subsection (a), the Secretary may authorize or direct the transfer, to the tenant-based assistance program of such agency or to appropriate site revitalization or other capital improvements approved by the Secretary, of—

(1)

in the case of an agency receiving assistance under the comprehensive improvement assistance program, any amounts obligated by the Secretary for the modernization of such project or projects pursuant to section 1437l of this title (as in effect immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998);

(2)

in the case of an agency receiving public housing modernization assistance by formula pursuant to such section 1437l of this title, any amounts provided to the agency which are attributable pursuant to the formula for allocating such assistance to such project or projects;

(3)

in the case of an agency receiving assistance for the major reconstruction of obsolete projects, any amounts obligated by the Secretary for the major reconstruction of such project or projects pursuant to section 1437c(j)(2) of this title, as in effect immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998; and

(4)

in the case of an agency receiving assistance pursuant to the formulas under section 1437g of this title, any amounts provided to the agency which are attributable pursuant to the formulas for allocating such assistance to such project or projects.

(g)

Removal by Secretary

(h)

Administration

(1)

In general

(2)

Applicability of section 1437p

(Sept. 1, 1937, ch. 896, title I, § 33, as added Pub. L. 105–276, title V, § 537(a), Oct. 21, 1998, 112 Stat. 2588.)

cite as: 42 USC 1437z-5