,,ii #aadth ,,congress #b;d ,session ,s4 #cjhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bb1 #bjaf,mr4 ,menendez 7for himself1 ,mr4 ,scott1 ,mr4 ,coons1 and ,mr4 ,blunt7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to provide housing opportunities in the ,united ,states through modernization of various housing programs1 and for other purposes4 #a4 ,short title and table of contents 7a7 ,short title ,this ,act may be cited as the ,housing ,opportunity ,through ,modernization ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4,title ,i--,section #h rental assistance and public housing,sec4 #aja4 ,inspection of dwelling units4,sec4 #ajb4 ,income reviews4,sec4 #ajc4 ,limitation on public housing tenancy for over-income families4,sec4 #ajd4 ,limitation on eligibility for assistance based on assets4,sec4 #aje4 ,units owned by public housing agencies4,sec4 #ajf4 ,,pha project-based assistance4,sec4 #ajg4 ,establishment of fair market rent4,sec4 #ajh4 ,collection of utility data4,sec4 #aji4 ,public housing ,capital and ,operating ,funds4,sec4 #aaj4 ,family unification program for children aging out of foster care4,sec4 #aaa4 ,public housing heating guidelines4,sec4 #aab4 ,use of vouchers for manufactured housing4,sec4 #aac4 ,preference for ,united ,states citizens or nationals4,sec4 #aad4 ,exception to public housing agency resident board member requirement4,title ,,ii--,rural housing,sec4 #bja4 ,delegation of guaranteed rural housing loan approval4,sec4 #bjb4 ,guaranteed underwriting user fee4,title ,,iii--,,fha mortgage insurance for condominiums,sec4 #cja4 ,modification of ,,fha requirements for mortgage insurance for condominiums4,title ,,iv--,housing reforms for the homeless and for veterans,sec4 #dja4 ,definition of geographic area for ,continuum of ,care ,program4,sec4 #djb4 ,inclusion of public housing agencies and local redevelopment authorities in emergency solutions grants4,sec4 #djc4 ,special assistant for ,veterans ,affairs in the ,department of ,housing and ,urban ,development4,sec4 #djd4 ,annual supplemental report on veterans homelessness4,sec4 #dje4 ,reopening of public comment period for ,continuum of ,care ,program regulations4,title ,v--,miscellaneous,sec4 #eja4 ,inclusion of ,disaster ,housing ,assistance ,program in certain fraud and abuse prevention measures4,sec4 #ejb4 ,energy efficiency requirements under ,self-,help ,homeownership ,opportunity ,program4,sec4 #ejc4 ,data exchange standardization for improved interoperability4,title ,,vi--,reports,sec4 #fja4 ,report on interagency family economic empowerment strategies4,title ,,vii--,housing ,opportunities for ,persons with ,a,i,d,s,sec4 #gja4 ,formula and terms for allocations to prevent homelessness for individuals living with ,,hiv or ,,aids4 ,i ,section #h rental assistance and public housing #aja4 ,inspection of dwelling units 7a7 ,in general ,section #h7o77#h7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#h77 is amended-- 7#a7 by striking subparagraph 7,a7 and inserting the following new subparagraph3 7,a7 ,initial inspection 7i7 ,in general ,for each dwelling unit for which a housing assistance payment contract is established under this subsection1 the public housing agency 7or other entity pursuant to paragraph 7#aa77 shall inspect the unit before any assistance payment is made to determine whether the dwelling unit meets the housing quality standards under subparagraph 7,b71 except as provided in clause 7ii7 or 7iii7 of this subparagraph4 7ii7 ,correction of non-life-threatening conditions ,in the case of any dwelling unit that is determined1 pursuant to an inspection under clause 7i71 not to meet the housing quality standards under subparagraph 7,b71 assistance payments may be made for the unit notwithstanding subparagraph 7,c7 if failure to meet such standards is a result only of non-life-threatening conditions1 as such conditions are established by the ,secretary4 ,a public housing agency making assistance payments pursuant to this clause for a dwelling unit shall1 #cj days after the beginning of the period for which such payments are made1 withhold any assistance payments for the unit if any deficiency resulting in noncompliance with the housing quality standards has not been corrected by such time4 ,the public housing agency shall recommence assistance payments when such deficiency has been corrected1 and may use any payments withheld to make assistance payments relating to the period during which payments were withheld4 7iii7 ,use of alternative inspection method for interim period ,in the case of any property that within the previous #bd months has met the requirements of an inspection that qualifies as an alternative inspection method pursuant to subparagraph 7,e71 a public housing agency may authorize occupancy before the inspection under clause 7i7 has been completed1 and may make assistance payments retroactive to the beginning of the lease term after the unit has been determined pursuant to an inspection under clause 7i7 to meet the housing quality standards under subparagraph 7,b74 ,this clause may not be construed to exempt any dwelling unit from compliance with the requirements of subparagraph 7,d74 2 7#b7 by redesignating subparagraph 7,g7 as subparagraph 7,h72 and 7#c7 by inserting after subparagraph 7,f7 the following new subparagraph3 7,g7 ,enforcement of housing quality standards 7i7 ,determination of noncompliance ,a dwelling unit that is covered by a housing assistance payments contract under this subsection shall be considered1 for purposes of subparagraphs 7,d7 and 7,f71 to be in noncompliance with the housing quality standards under subparagraph 7,b7 if-- 7,i7 the public housing agency or an inspector authorized by the ,state or unit of local government determines upon inspection of the unit that the unit fails to comply with such standards2 7,,ii7 the agency or inspector notifies the owner of the unit in writing of such failure to comply2 and 7,,iii7 the failure to comply is not corrected-- 7aa7 in the case of any such failure that is a result of life-threatening conditions1 within #bd hours after such notice has been provided2 and 7bb7 in the case of any such failure that is a result of non-life-threatening conditions1 within #cj days after such notice has been provided or such other reasonable longer period as the public housing agency may establish4 7ii7 ,withholding of assistance amounts during correction ,the public housing agency may withhold assistance amounts under this subsection with respect to a dwelling unit for which a notice pursuant to clause 7i77,,ii71 of failure to comply with housing quality standards under subparagraph 7,b7 as determined pursuant to an inspection conducted under subparagraph 7,d7 or 7,f71 has been provided4 ,if the unit is brought into compliance with such housing quality standards during the periods referred to in clause 7i77,,iii71 the public housing agency shall recommence assistance payments and may use any amounts withheld during the correction period to make assistance payments relating to the period during which payments were withheld4 7iii7 ,abatement of assistance amounts ,the public housing agency shall abate all of the assistance amounts under this subsection with respect to a dwelling unit that is determined1 pursuant to clause 7i7 of this subparagraph1 to be in noncompliance with housing quality standards under subparagraph 7,b74 ,upon completion of repairs by the public housing agency or the owner sufficient so that the dwelling unit complies with such housing quality standards1 the agency shall recommence payments under the housing assistance payments contract to the owner of the dwelling unit4 7iv7 ,notification ,if a public housing agency providing assistance under this subsection abates rental assistance payments pursuant to clause 7iii7 with respect to a dwelling unit1 the agency shall1 upon commencement of such abatement-- 7,i7 notify the tenant and the owner of the dwelling unit that-- 7aa7 such abatement has commenced2 and 7bb7 if the dwelling unit is not brought into compliance with housing quality standards within #fj days after the effective date of the determination of noncompliance under clause 7i7 or such reasonable longer period as the agency may establish1 the tenant will have to move2 and 7,,ii7 issue the tenant the necessary forms to allow the tenant to move to another dwelling unit and transfer the rental assistance to that unit4 7v7 ,protection of tenants ,an owner of a dwelling unit may not terminate the tenancy of any tenant because of the withholding or abatement of assistance pursuant to this subparagraph4 ,during the period that assistance is abated pursuant to this subparagraph1 the tenant may terminate the tenancy by notifying the owner4 7vi7 ,termination of lease or assistance payments contract ,if assistance amounts under this section for a dwelling unit are abated pursuant to clause 7iii7 and the owner does not correct the noncompliance within #fj days after the effective date of the determination of noncompliance under clause 7i71 or such other reasonable longer period as the public housing agency may establish1 the agency shall terminate the housing assistance payments contract for the dwelling unit4 7vii7 ,relocation 7,i7 ,lease of new unit ,the agency shall provide the family residing in such a dwelling unit a period of #ij days or such longer period as the public housing agency determines is reasonably necessary to lease a new unit1 beginning upon termination of the contract1 to lease a new residence with tenant-based rental assistance under this section4 7,,ii7 ,availability of public housing units ,if the family is unable to lease such a new residence during such period1 the public housing agency shall1 at the option of the family1 provide such family a preference for occupancy in a dwelling unit of public housing that is owned or operated by the agency that first becomes available for occupancy after the expiration of such period4 7,,iii7 ,assistance in finding unit ,the public housing agency may provide assistance to the family in finding a new residence1 including use of up to #b months of any assistance amounts withheld or abated pursuant to clause 7ii7 or 7iii71 respectively1 for costs directly associated with relocation of the family to a new residence1 which shall include security deposits as necessary and may include reimbursements for reasonable moving expenses incurred by the household1 as established by the ,secretary4 ,the agency may require that a family receiving assistance for a security deposit shall remit1 to the extent of such assistance1 the amount of any security deposit refunds made by the owner of the dwelling unit for which the lease was terminated4 7viii7 ,tenant-caused damages ,if a public housing agency determines that any damage to a dwelling unit that results in a failure of the dwelling unit to comply with housing quality standards under subparagraph 7,b71 other than any damage resulting from ordinary use1 was caused by the tenant1 any member of the tenant's household1 or any guest or other person under the tenant's control1 the agency may waive the applicability of this subparagraph1 except that this clause shall not exonerate a tenant from any liability otherwise existing under applicable law for damages to the premises caused by such tenant4 7ix7 ,applicability ,this subparagraph shall apply to any dwelling unit for which a housing assistance payments contract is entered into or renewed after the date of the effectiveness of the regulations implementing this subparagraph4 4 7b7 ,effective date ,the ,secretary of ,housing and ,urban ,development shall issue notice or regulations to implement subsection 7a7 of this section and such subsection shall take effect upon such issuance4 #ajb4 ,income reviews 7a7 ,income reviews for public housing and section #h programs ,section #c of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the second sentence of paragraph 7#a71 by striking at least annually and inserting pursuant to paragraph 7#f72 and 7,b7 by adding at the end the following new paragraphs3 7#f7 ,reviews of family income 7,a7 ,frequency ,reviews of family income for purposes of this section shall be made-- 7i7 in the case of all families1 upon the initial provision of housing assistance for the family2 7ii7 annually thereafter1 except as provided in paragraph 7#a7 with respect to fixed-income families2 7iii7 upon the request of the family1 at any time the income or deductions 7under subsection 7b77#e77 of the family change by an amount that is estimated to result in a decrease of #aj percent 7or such lower amount as the ,secretary may1 by notice1 establish1 or permit the public housing agency or owner to establish7 or more in annual adjusted income2 and 7iv7 at any time the income or deductions 7under subsection 7b77#e77 of the family change by an amount that is estimated to result in an increase of #aj percent or more in annual adjusted income1 or such other amount as the ,secretary may by notice establish1 except that any increase in the earned income of a family shall not be considered for purposes of this clause 7except that earned income may be considered if the increase corresponds to previous decreases under clause 7iii771 except that a public housing agency or owner may elect not to conduct such review in the last #c months of a certification period4 7,b7 ,fraud and abuse ,reviews of family income for purposes of this section shall be subject to the provisions of section #ijd of the ,stewart ,b4 ,mc,kinney ,homeless ,assistance ,amendments ,act of #aihh 7#db ,u4,s4,c4 #cedd74 7#g7 ,calculation of income 7,a7 ,use of current year income ,in determining family income for initial occupancy or provision of housing assistance pursuant to clause 7i7 of paragraph 7#f77;,a7 or pursuant to reviews pursuant to clause 7iii7 or 7iv7 of such paragraph1 a public housing agency or owner shall use the income of the family as estimated by the agency or owner for the upcoming year4 7,b7 ,use of prior year income ,in determining family income for annual reviews pursuant to paragraph 7#f77;,a77ii71 a public housing agency or owner shall1 except as otherwise provided in this paragraph and paragraph 7#a71 use the income of the family as determined by the agency or owner for the preceding year1 taking into consideration any redetermination of income during such prior year pursuant to clause 7iii7 or 7iv7 of paragraph 7#f77;,a74 7,c7 ,other income ,in determining the income for any family based on the prior year's income1 with respect to prior year calculations of income not subject to subparagraph 7,b71 a public housing agency or owner may make other adjustments as it considers appropriate to reflect current income4 7,d7 ,safe harbor ,a public housing agency or owner may1 to the extent such information is available to the public housing agency or owner1 determine the family's income prior to the application of any deductions based on timely income determinations made for purposes of other means-tested ,federal public assistance programs 7including the program for block grants to ,states for temporary assistance for needy families under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq471 a program for ,medicaid assistance under a ,state plan approved under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 and the supplemental nutrition assistance program 7as such term is defined in section #c of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjab7774 ,the ,secretary shall1 in consultation with other appropriate ,federal agencies1 develop electronic procedures to enable public housing agencies and owners to have access to such benefit determinations made by other means-tested ,federal programs that the ,secretary determines to have comparable reliability4 ,exchanges of such information shall be subject to the same limitations and tenant protections provided under section #ijd of the ,stewart ,b4 ,mc,kinney ,homeless ,assistance ,act ,amendments of #aihh 7#db ,u4,s4,c4 #cedd7 with respect to information obtained under the requirements of section #cjc7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;i774 7,e7 ,electronic income verification ,the ,secretary shall develop a mechanism for disclosing information to a public housing agency for the purpose of verifying the employment and income of individuals and families in accordance with section #dec7;j77#g77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fec7;j77#g77;,e771 and shall ensure public housing agencies have access to information contained in the ,do ,not ,pay system established by section #e of the ,improper ,payments ,elimination and ,recovery ,improvement ,act of #bjab 7,public ,law #aab-bdh2 #abf ,stat4 #bcib74 7,f7 ,,pha and owner compliance ,a public housing agency or owner may not be considered to fail to comply with this paragraph or paragraph 7#f7 due solely to any de minimis errors made by the agency or owner in calculating family incomes4 2 7#b7 by striking subsections 7d7 and 7e72 and 7#c7 by redesignating subsection 7f7 as subsection 7d74 7b7 ,certification regarding hardship exception to minimum monthly rent ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall submit to ,congress a certification that the hardship and tenant protection provisions of section #c7;a77#c77;,b77i7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7a77#c77;,b77i77 are being enforced at such time and that the ,secretary will continue to provide due consideration to the hardship circumstances of persons assisted under relevant programs of this ,act4 7c7 ,income2 adjusted income ,section #c7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77 is amended by striking paragraphs 7#d7 and 7#e7 and inserting the following3 7#d7 ,income ,the term income means1 with respect to a family1 income received from all sources by each member of the household who is #ah years of age or older or is the head of household or spouse of the head of the household1 plus unearned income by or on behalf of each dependent who is less than #ah years of age1 as determined in accordance with criteria prescribed by the ,secretary1 in consultation with the ,secretary of ,agriculture1 subject to the following requirements3 7,a7 ,included amounts ,such term includes recurring gifts and receipts1 actual income from assets1 and profit or loss from a business4 7,b7 ,excluded amounts ,such term does not include-- 7i7 any imputed return on assets1 except to the extent that net family assets exceed #ej1jjj1 except that such amount 7as it may have been previously adjusted7 shall be adjusted for inflation annually by the ,secretary in accordance with an inflationary index selected by the ,secretary2 7ii7 any amounts that would be eligible for exclusion under section #afac7;a77#g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #achb;b7a77#g772 7iii7 deferred disability benefits from the ,department of ,veterans ,affairs that are received in a lump sum amount or in prospective monthly amounts2 7iv7 any expenses related to aid and attendance under section #aeba of title #ch1 ,united ,states ,code1 to veterans who are in need of regular aid and attendance2 and 7v7 exclusions from income as established by the ,secretary by regulation or notice1 or any amount required by ,federal law to be excluded from consideration as income4 7,c7 ,earned income of students ,such term does not include-- 7i7 earned income1 up to an amount as the ,secretary may by regulation establish1 of any dependent earned during any period that such dependent is attending school or vocational training on a full-time basis2 or 7ii7 any grant-in-aid or scholarship amounts related to such attendance used-- 7,i7 for the cost of tuition or books2 or 7,,ii7 in such amounts as the ,secretary may allow1 for the cost of room and board4 7,d7 ,educational savings accounts ,income shall be determined without regard to any amounts in or from1 or any benefits from1 any ,coverdell education savings account under section #ecj of the ,internal ,revenue ,code of #aihf or any qualified tuition program under section #ebi of such ,code4 7,e7 ,recordkeeping ,the ,secretary may not require a public housing agency or owner to maintain records of any amounts excluded from income pursuant to this paragraph4 7#e7 ,adjusted income ,the term adjusted income means1 with respect to a family1 the amount 7as determined by the public housing agency or owner7 of the income of the members of the family residing in a dwelling unit or the persons on a lease1 after any deductions from income as follows3 7,a7 ,elderly and disabled families #ebe in the case of any family that is an elderly family or a disabled family4 7,b7 ,minors1 students1 and persons with disabilities #dhj for each member of the family residing in the household 7other than the head of the household or his or her spouse7 who is less than #ah years of age or is attending school or vocational training on a full-time basis1 or who is #ah years of age or older and is a person with disabilities4 7,c7 ,child care ,any reasonable child care expenses necessary to enable a member of the family to be employed or to further his or her education4 7,d7 ,health and medical expenses ,the amount1 if any1 by which #aj percent of annual family income is exceeded by the sum of-- 7i7 in the case of any elderly or disabled family1 any unreimbursed health and medical care expenses2 and 7ii7 any unreimbursed reasonable attendant care and auxiliary apparatus expenses for each handicapped member of the family1 if determined necessary by the public housing agency or owner to enable any member of such family to be employed4 ,the ,secretary shall1 by regulation1 provide hardship exemptions to the requirements of this subparagraph and subparagraph 7,c7 for impacted families who demonstrate an inability to pay calculated rents because of financial hardship4 ,such regulations shall include a requirement to notify tenants regarding any changes to the determination of adjusted income pursuant to such subparagraphs based on the determination of the family's claim of financial hardship exemptions required by the preceding sentence4 ,such regulations shall be promulgated in consultation with tenant organizations1 industry participants1 and the ,secretary of ,health and ,human ,services1 with an adequate comment period provided for interested parties4 7,e7 ,permissive deductions ,such additional deductions as a public housing agency may1 at its discretion1 establish1 except that the ,secretary shall establish procedures to ensure that such deductions do not materially increase ,federal expenditures4 ,the ,secretary shall annually calculate the amounts of the deductions under subparagraphs 7,a7 and 7,b71 as such amounts may have been previously calculated1 by applying an inflationary factor as the ,secretary shall1 by regulation1 establish1 except that the actual deduction determined for each year shall be established by rounding such amount to the next lowest multiple of #be4 4 7d7 ,housing choice voucher program ,section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77 is amended-- 7#a7 in paragraph 7#a77;,d71 by inserting before the period at the end the following3 1 except that a public housing agency may establish a payment standard of not more than #abj percent of the fair market rent where necessary as a reasonable accommodation for a person with a disability1 without approval of the ,secretary4 ,a public housing agency may use a payment standard that is greater than #abj percent of the fair market rent as a reasonable accommodation for a person with a disability1 but only with the approval of the ,secretary4 ,in connection with the use of any increased payment standard established or approved pursuant to either of the preceding #b sentences as a reasonable accommodation for a person with a disability1 the ,secretary may not establish additional requirements regarding the amount of adjusted income paid by such person for rent2 and 7#b7 in paragraph 7#e7-- 7,a7 in the paragraph heading1 by striking ,annual review and inserting ,reviews2 7,b7 in subparagraph 7,a7-- 7i7 by striking the provisions of and inserting paragraphs 7#a71 7#f71 and 7#g7 of section #c7;a7 and to2 and 7ii7 by striking and shall be conducted and all that follows through the end of the subparagraph and inserting a period2 and 7,c7 in subparagraph 7,b71 by striking the second sentence4 7e7 ,enhanced voucher program ,section #h7t77#a77;,d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7t77#a77;,d77 is amended by striking income each place such term appears and inserting annual adjusted income4 7f7 ,project-,based housing ,section #h7;c77#c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c77#c77 is amended by striking the last sentence4 7g7 ,impact on public housing revenues 7#a7 ,adjustments to operating formula ,if the ,secretary of ,housing and ,urban ,development determines that the application of subsections 7a7 through 7e7 of this section results in a material and disproportionate reduction in the rental income of certain public housing agencies during the first year in which such subsections are implemented1 the ,secretary may make appropriate adjustments in the formula income for such year of those agencies experiencing such a reduction4 7#b7 ,,hud reports on revenue and cost impact ,in each of the first #b years after the first year in which subsections 7a7 through 7e7 are implemented1 the ,secretary of ,housing and ,urban ,development shall submit a report to ,congress identifying and calculating the impact of changes made by such subsections and section #ajd of this ,act on the revenues and costs of operating public housing units1 the voucher program for rental assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 and the program under such section #h for project-based rental assistance4 ,if such report identifies a material reduction in the net income of public housing agencies nationwide or a material increase in the costs of funding the voucher program or the project-based assistance program1 the ,secretary shall include in such report recommendations for legislative changes to reduce or eliminate such a reduction4 7h7 ,effective date ,the ,secretary of ,housing and ,urban ,development shall issue notice or regulations to implement this section and this section shall take effect after such issuance1 except that this section may only take effect upon the commencement of a calendar year4 7i7 ,study on impact on elderly and disabled families of decreased deductions in income 7#a7 ,study ,the ,secretary of ,housing and ,urban ,development shall conduct a study to determine the impacts1 on rents paid by elderly and disabled individuals and families assisted under the section #h rental assistance and public housing programs under the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq471 of any decreases in the amounts of any deductions from income 7for purposes of section #c7;b7 of such ,act 7#db ,u4,s4,c4 #adcg;a7b7771 as compared to such deductions under such section #c7;b7 as in effect before the effectiveness of this section1 resulting from the amendments made by this section4 7#b7 ,report ,the ,secretary shall submit to the ,congress a report setting forth the results of the study conducted pursuant to paragraph 7#a7 not later than #a year after the date of enactment of this ,act4 7#c7 ,effective date ,notwithstanding subsection 7h7 of this section1 this subsection shall take effect on the date of enactment of this ,act4 #ajc4 ,limitation on public housing tenancy for over-income families ,section #af7;a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgn7a77 is amended by adding at the end the following3 7#e7 ,limitations on tenancy for over-income families 7,a7 ,limitations ,except as provided in subparagraph 7,d71 in the case of any family residing in a dwelling unit of public housing whose income for the most recent #b consecutive years1 as determined pursuant to income reviews conducted pursuant to section #c7;a77#f71 has exceeded the applicable income limitation under subparagraph 7,c71 the public housing agency shall-- 7i7 notwithstanding any other provision of this ,act1 charge such family as monthly rent for the unit occupied by such family an amount equal to the greater of-- 7,i7 the applicable fair market rental established under section #h7;c7 for a dwelling unit in the same market area of the same size2 or 7,,ii7 the amount of the monthly subsidy provided under this ,act for the dwelling unit1 which shall include any amounts from the ,operating ,fund and ,capital ,fund under section #i used for the unit1 as determined by the agency in accordance with regulations that the ,secretary shall issue to carry out this subclause2 or 7ii7 terminate the tenancy of such family in public housing not later than #f months after the income determination described in subparagraph 7,a74 7,b7 ,notice ,in the case of any family residing in a dwelling unit of public housing whose income for a year has exceeded the applicable income limitation under subparagraph 7,c71 upon the conclusion of such year the public housing agency shall provide written notice to such family of the requirements under subparagraph 7,a74 7,c7 ,income limitation ,the income limitation under this subparagraph shall be #abj percent of the median income for the area1 as determined by the ,secretary with adjustments for smaller and larger families1 except that the ,secretary may establish income limitations higher or lower than #abj percent of such median income on the basis of the ,secretary's findings that such variations are necessary because of prevailing levels of construction costs1 or unusually high or low family incomes1 vacancy rates1 or rental costs4 7,d7 ,exception ,subparagraph 7,a7 shall not apply to a family occupying a dwelling unit in public housing pursuant to section #c7;a77#e74 7,e7 ,reports on over-income families and waiting lists ,the ,secretary shall require that each public housing agency shall-- 7i7 submit a report annually1 in a format required by the ,secretary1 that specifies-- 7,i7 the number of families residing1 as of the end of the year for which the report is submitted1 in public housing administered by the agency who had incomes exceeding the applicable income limitation under subparagraph 7,c72 and 7,,ii7 the number of families1 as of the end of such year1 on the waiting lists for admission to public housing projects of the agency2 and 7ii7 make the information reported pursuant to clause 7i7 publicly available4 4 #ajd4 ,limitation on eligibility for assistance based on assets ,section #af of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcgn7 is amended by inserting after subsection 7d7 the following3 7e7 ,eligibility for assistance based on assets 7#a7 ,limitation on assets ,subject to paragraph 7#c7 and notwithstanding any other provision of this ,act1 a dwelling unit assisted under this ,act may not be rented and assistance under this ,act may not be provided1 either initially or at each recertification of family income1 to any family-- 7,a7 whose net family assets exceed #ajj1jjj1 as such amount is adjusted annually by applying an inflationary factor as the ,secretary considers appropriate2 or 7,b7 who has a present ownership interest in1 a legal right to reside in1 and the effective legal authority to sell1 real property that is suitable for occupancy by the family as a residence1 except that the prohibition under this subparagraph shall not apply to-- 7i7 any property for which the family is receiving assistance under subsection 7y7 or 7o77#ab7 of section #h of this ,act2 7ii7 any person who is a victim of domestic violence2 or 7iii7 any family that is offering such property for sale4 7#b7 ,net family assets 7,a7 ,in general ,for purposes of this subsection1 the term net family assets means1 for all members of the household1 the net cash value of all assets after deducting reasonable costs that would be incurred in disposing of real property1 savings1 stocks1 bonds1 and other forms of capital investment4 ,such term does not include interests in ,indian trust land1 equity in property for which the family is receiving assistance under subsection 7y7 or 7o77#ab7 of section #h1 equity accounts in homeownership programs of the ,department of ,housing and ,urban ,development1 or ,family ,self ,sufficiency accounts4 7,b7 ,exclusions ,such term does not include-- 7i7 the value of personal property1 except for items of personal property of significant value1 as the ,secretary may establish or the public housing agency may determine2 7ii7 the value of any retirement account2 7iii7 real property for which the family does not have the effective legal authority necessary to sell such property2 7iv7 any amounts recovered in any civil action or settlement based on a claim of malpractice1 negligence1 or other breach of duty owed to a member of the family and arising out of law1 that resulted in a member of the family being disabled2 7v7 the value of any ,coverdell education savings account under section #ecj of the ,internal ,revenue ,code of #aihf or any qualified tuition program under section #ebi of such ,code2 and 7vi7 such other exclusions as the ,secretary may establish4 7,c7 ,trust funds ,in cases in which a trust fund has been established and the trust is not revocable by1 or under the control of1 any member of the family or household1 the value of the trust fund shall not be considered an asset of a family if the fund continues to be held in trust4 ,any income distributed from the trust fund shall be considered income for purposes of section #c7;b7 and any calculations of annual family income1 except in the case of medical expenses for a minor4 7#c7 ,self-certification 7,a7 ,net family assets ,a public housing agency or owner may determine the net assets of a family1 for purposes of this section1 based on a certification by the family that the net assets of such family do not exceed #ej1jjj1 as such amount is adjusted annually by applying an inflationary factor as the ,secretary considers appropriate4 7,b7 ,no current real property ownership ,a public housing agency or owner may determine compliance with paragraph 7#a77;,b7 based on a certification by the family that such family does not have any current ownership interest in any real property at the time the agency or owner reviews the family's income4 7,c7 ,standardized forms ,the ,secretary may develop standardized forms for the certifications referred to in subparagraphs 7,a7 and 7,b74 7#d7 ,compliance for public housing dwelling units ,when recertifying family income with respect to families residing in public housing dwelling units1 a public housing agency may1 in the discretion of the agency and only pursuant to a policy that is set forth in the public housing agency plan under section #e;,a for the agency1 choose not to enforce the limitation under paragraph 7#a74 7#e7 ,enforcement ,when recertifying the income of a family residing in a dwelling unit assisted under this ,act1 a public housing agency or owner may choose not to enforce the limitation under paragraph 7#a7 or may establish exceptions to such limitation based on eligibility criteria1 but only pursuant to a policy that is set forth in the public housing agency plan under section #e;,a for the agency or under a policy adopted by the owner4 ,eligibility criteria for establishing exceptions may provide for separate treatment based on family type and may be based on different factors1 such as age1 disability1 income1 the ability of the family to find suitable alternative housing1 and whether supportive services are being provided4 7#f7 ,authority to delay evictions ,in the case of a family residing in a dwelling unit assisted under this ,act who does not comply with the limitation under paragraph 7#a71 the public housing agency or project owner may delay eviction or termination of the family based on such noncompliance for a period of not more than #f months4 7#g7 ,verifying income 7,a7 ,beginning in fiscal year #bjah1 the ,secretary shall require public housing agencies to require each applicant for1 or recipient of1 benefits under this ,act to provide authorization by the applicant or recipient 7or by any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient for such benefits7 for the public housing agency to obtain 7subject to the cost reimbursement requirements of section #aaae7;a7 of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdae7;a777 from any financial institution 7within the meaning of section #aaja7a7 of such ,act 7#ab ,u4,s4,c4 #cdja7a77 any financial record 7within the meaning of section #aaja7b7 of such ,act 7#ab ,u4,s4,c4 #cdja7b77 held by the institution with respect to the applicant or recipient 7or any such other person7 whenever the public housing agency determines the record is needed in connection with a determination with respect to such eligibility or the amount of such benefits4 7,b7 ,notwithstanding section #aajd7;a77#a7 of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdjd7;a77#a771 an authorization provided by an applicant or recipient 7or any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient7 pursuant to subparagraph 7,a7 of this paragraph shall remain effective until the earliest of-- 7i7 the rendering of a final adverse decision on the applicant's application for eligibility for benefits under this ,act2 7ii7 the cessation of the recipient's eligibility for benefits under this ,act2 or 7iii7 the express revocation by the applicant or recipient 7or such other person referred to in subparagraph 7,a77 of the authorization1 in a written notification to the ,secretary4 7,c7 7i7 ,an authorization obtained by the public housing agency pursuant to this paragraph shall be considered to meet the requirements of the ,right to ,financial ,privacy ,act for purposes of section #aajc7;a7 of such ,act 7#ab ,u4,s4,c4 #cdjc7;a771 and need not be furnished to the financial institution1 notwithstanding section #aajd7;a7 of such ,act 7#ab ,u4,s4,c4 #cdjd7;a774 7ii7 ,the certification requirements of section #aajc7;b7 of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdjc7;b77 shall not apply to requests by the public housing agency pursuant to an authorization provided under this clause4 7iii7 ,a request by the public housing agency pursuant to an authorization provided under this clause is deemed to meet the requirements of section #aajd7;a77#c7 of the ,right to ,financial ,privacy ,act and the flush language of section #aajb of such ,act 7#ab ,u4,s4,c4 #cdjd7;a77#c7 and #cdjb74 7iv7 ,the public housing agency shall inform any person who provides authorization pursuant to this paragraph of the duration and scope of the authorization4 7,d7 ,if an applicant for1 or recipient of1 benefits under this ,act 7or any such other person referred to in subparagraph 7,a77 refuses to provide1 or revokes1 any authorization made by the applicant or recipient for the public housing agency to obtain from any financial institution any financial record1 the public housing agency may1 on that basis1 determine that the applicant or recipient is ineligible for benefits under this title4 4 #aje4 ,units owned by public housing agencies ,section #h7o77#aa7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#aa77 is amended-- 7#a7 by striking 7#aa7 ,leasing of units owned by pha4--,if and inserting the following3 7#aa7 ,leasing of units owned by pha 7,a7 ,inspections and rent determinations ,if 2 and 7#b7 by adding at the end the following3 7,b7 ,units owned by pha ,for purposes of this subsection1 the term owned by a public housing agency means1 with respect to a dwelling unit1 that the dwelling unit is in a project that is owned by such agency1 by an entity wholly controlled by such agency1 or by a limited liability company or limited partnership in which such agency 7or an entity wholly controlled by such agency7 holds a controlling interest in the managing member or general partner4 ,a dwelling unit shall not be deemed to be owned by a public housing agency for purposes of this subsection because the agency holds a fee interest as ground lessor in the property on which the unit is situated1 holds a security interest under a mortgage or deed of trust on the unit1 or holds a non-controlling interest in an entity which owns the unit or in the managing member or general partner of an entity which owns the unit4 4 #ajf4 ,,pha project-based assistance 7a7 ,in general ,section #h7o77#ac7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#ac77 is amended-- 7#a7 by striking structure each place such term appears and inserting 8project02 7#b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,percentage limitation 7i7 ,in general ,subject to clause 7ii71 a public housing agency may use for project-based assistance under this paragraph not more than #bj percent of the authorized units for the agency4 7ii7 ,exception ,a public housing agency may use up to an additional #aj percent of the authorized units for the agency for project-based assistance under this paragraph1 to provide units that house individuals and families that meet the definition of homeless under section #ajc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb71 that house families with veterans1 that provide supportive housing to persons with disabilities or elderly persons1 or that are located in areas where vouchers under this subsection are difficult to use1 as specified in subparagraph 7,d77ii77,,ii74 ,any units of project-based assistance that are attached to units previously subject to federally required rent restrictions or receiving another type of long-term housing subsidy provided by the ,secretary shall not count toward the percentage limitation under clause 7i74 ,the ,secretary may1 by regulation1 establish additional categories for the exception under this clause4 2 7#c7 by striking subparagraph 7,d7 and inserting the following3 7,d7 ,income-mixing requirement 7i7 ,in general ,except as provided in clause 7ii71 not more than the greater of #be dwelling units or #be percent of the dwelling units in any project may be assisted under a housing assistance payment contract for project-based assistance pursuant to this paragraph4 ,for purposes of this subparagraph1 the term project means a single building1 multiple contiguous buildings1 or multiple buildings on contiguous parcels of land4 7ii7 ,exceptions 7,i7 ,certain families ,the limitation under clause 7i7 shall not apply to dwelling units assisted under a contract that are exclusively made available to elderly families or to households eligible for supportive services that are made available to the assisted residents of the project1 according to standards for such services the ,secretary may establish4 7,,ii7 ,certain areas ,with respect to areas in which tenant-based vouchers for assistance under this subsection are difficult to use1 as determined by the ,secretary1 and with respect to census tracts with a poverty rate of #bj percent or less1 clause 7i7 shall be applied by substituting #dj percent for #be percent1 and the ,secretary may1 by regulation1 establish additional conditions4 7,,iii7 ,certain contracts ,the limitation under clause 7i7 shall not apply with respect to contracts or renewal of contracts under which a greater percentage of the dwelling units in a project were assisted under a housing assistance payment contract for project-based assistance pursuant to this paragraph on the date of enactment of the ,housing ,opportunity ,through ,modernization ,act of #bjaf4 7,,iv7 ,certain properties ,any units of project-based assistance under this paragraph that are attached to units previously subject to federally required rent restrictions or receiving other project-based assistance provided by the ,secretary shall not count toward the percentage limitation imposed by this subparagraph 7,d74 7iii7 ,additional monitoring and oversight requirements ,the ,secretary may establish additional requirements for monitoring and oversight of projects in which more than #dj percent of the dwelling units are assisted under a housing assistance payment contract for project-based assistance pursuant to this paragraph4 2 7#d7 by striking subparagraph 7,f7 and inserting the following3 7,f7 ,contract term 7i7 ,term ,a housing assistance payment contract pursuant to this paragraph between a public housing agency and the owner of a project may have a term of up to #bj years1 subject to-- 7,i7 the availability of sufficient appropriated funds for the purpose of renewing expiring contracts for assistance payments1 as provided in appropriation ,acts and in the agency's annual contributions contract with the ,secretary1 provided that in the event of insufficient appropriated funds1 payments due under contracts under this paragraph shall take priority if other cost-saving measures that do not require the termination of an existing contract are available to the agency2 and 7,,ii7 compliance with the inspection requirements under paragraph 7#h71 except that the agency shall not be required to make biennial inspections of each assisted unit in the development4 7ii7 ,addition of eligible units ,subject to the limitations of subparagraphs 7,b7 and 7,d71 the agency and the owner may add eligible units within the same project to a housing assistance payments contract at any time during the term thereof without being subject to any additional competitive selection procedures4 7iii7 ,housing under construction or recently constructed ,an agency may enter into a housing assistance payments contract with an owner for any unit that does not qualify as existing housing and is under construction or recently has been constructed whether or not the agency has executed an agreement to enter into a contract with the owner1 provided that the owner demonstrates compliance with applicable requirements prior to execution of the housing assistance payments contract4 ,this clause shall not subject a housing assistance payments contract for existing housing under this paragraph to such requirements or otherwise limit the extent to which a unit may be assisted as existing housing4 7iv7 ,additional conditions ,the contract may specify additional conditions1 including with respect to continuation1 termination1 or expiration1 and shall specify that upon termination or expiration of the contract without extension1 each assisted family may elect to use its assistance under this subsection to remain in the same project if its unit complies with the inspection requirements under paragraph 7#h71 the rent for the unit is reasonable as required by paragraph 7#aj77;,a71 and the family pays its required share of the rent and the amount1 if any1 by which the unit rent 7including the amount allowed for tenant-based utilities7 exceeds the applicable payment standard4 2 7#e7 in subparagraph 7,g71 by striking #ae years and inserting #bj years2 7#f7 by striking subparagraph 7,i7 and inserting the following3 7,i7 ,rent adjustments ,a housing assistance payments contract pursuant to this paragraph entered into after the date of enactment of the ,housing ,opportunity ,through ,modernization ,act of #bjaf shall provide for annual rent adjustments upon the request of the owner1 except that-- 7i7 by agreement of the parties1 a contract may allow a public housing agency to adjust the rent for covered units using an operating cost adjustment factor established by the ,secretary pursuant to section #ebd7;c7 of the ,multifamily ,assisted ,housing ,reform and ,affordability ,act of #aiig 7#db ,u4,s4,c4 #adcg;f note7 7which shall not result in a negative adjustment71 in which case the contract may require an additional adjustment1 if requested1 up to the reasonable rent periodically during the term of the contract1 and shall require such an adjustment1 if requested1 upon extension pursuant to subparagraph 7,g72 7ii7 the adjusted rent shall not exceed the maximum rent permitted under subparagraph 7,h72 7iii7 the contract may provide that the maximum rent permitted for a dwelling unit shall not be less than the initial rent for the dwelling unit under the initial housing assistance payments contract covering the units2 and 7iv7 the provisions of subsection 7c77#b77;,c7 shall not apply4 2 7#g7 in subparagraph 7,j7-- 7,a7 in the first sentence-- 7i7 by striking shall and inserting may2 and 7ii7 by inserting before the period the following3 or may permit owners to select applicants from site-based waiting lists as specified in this subparagraph2 7,b7 by striking the third sentence and inserting the following3 ,the agency or owner may establish preferences or criteria for selection for a unit assisted under this paragraph that are consistent with the public housing agency plan for the agency approved under section #e;,a and that give preference to families who qualify for voluntary services1 including disability-specific services1 offered in conjunction with assisted units42 and 7,c7 by striking the fifth and sixth sentences and inserting the following3 ,a public housing agency may establish and utilize procedures for owner-maintained site-based waiting lists1 under which applicants may apply at1 or otherwise designate to the public housing agency1 the project or projects in which they seek to reside1 except that all eligible applicants on the waiting list of an agency for assistance under this subsection shall be permitted to place their names on such separate list1 subject to policies and procedures established by the ,secretary4 ,all such procedures shall comply with title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 and other applicable civil rights laws4 ,the owner or manager of a project assisted under this paragraph shall not admit any family to a dwelling unit assisted under a contract pursuant to this paragraph other than a family referred by the public housing agency from its waiting list1 or a family on a site-based waiting list that complies with the requirements of this subparagraph4 ,a public housing agency shall disclose to each applicant all other options in the selection of a project in which to reside that are provided by the public housing agency and are available to the applicant42 7#h7 in subparagraph 7,m77ii71 by inserting before the period at the end the following3 relating to funding other than housing assistance payments2 and 7#i7 by adding at the end the following3 7,n7 ,structure owned by agency ,a public housing agency engaged in an initiative to improve1 develop1 or replace a public housing property or site may attach assistance to an existing1 newly constructed1 or rehabilitated structure in which the agency has an ownership interest or which the agency has control of without following a competitive process1 provided that the agency has notified the public of its intent through its public housing agency plan and subject to the limitations and requirements of this paragraph4 7,o7 ,special purpose vouchers ,a public housing agency that administers vouchers authorized under subsection 7o77#ai7 or 7x7 of this section may provide such assistance in accordance with the limitations and requirements of this paragraph1 without additional requirements for approval by the ,secretary4 4 7b7 ,effective date ,the ,secretary of ,housing and ,urban ,development shall issue notice or regulations to implement subsection 7a7 of this section and such subsection shall take effect upon such issuance4 #ajg4 ,establishment of fair market rent 7a7 ,in general ,section #h7;c77#a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c77#a77 is amended-- 7#a7 by inserting 7,a7 after 7#a72 7#b7 by striking the fourth1 seventh1 eighth1 and ninth sentences2 and 7#c7 by adding at the end the following3 7,b7 ,fair market rentals for an area shall be published not less than annually by the ,secretary on the website of the ,department of ,housing and ,urban ,development and in any other manner specified by the ,secretary4 ,notice that such fair market rentals are being published shall be published in the ,federal ,register1 and such fair market rentals shall become effective no earlier than #cj days after the date of such publication4 ,the ,secretary shall establish a procedure for public housing agencies and other interested parties to comment on such fair market rentals and to request1 within a time specified by the ,secretary1 reevaluation of the fair market rentals in a jurisdiction before such rentals become effective4 ,the ,secretary shall cause to be published for comment in the ,federal ,register notices of proposed material changes in the methodology for estimating fair market rentals and notices specifying the final decisions regarding such proposed substantial methodological changes and responses to public comments4 4 7b7 ,payment standard ,section #h7o77#a77;,b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#a77;,b77 is amended by inserting before the period at the end the following3 1 except that no public housing agency shall be required as a result of a reduction in the fair market rental to reduce the payment standard applied to a family continuing to reside in a unit for which the family was receiving assistance under this section at the time the fair market rental was reduced4 ,the ,secretary shall allow public housing agencies to request exception payment standards within fair market rental areas subject to criteria and procedures established by the ,secretary4 7c7 ,effective date ,the amendments made by this section shall take effect upon the date of the enactment of this ,act4 #ajh4 ,collection of utility data ,section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77 is amended by adding at the end the following3 7#bj7 ,collection of utility data 7,a7 ,publication ,the ,secretary shall1 to the extent that data can be collected cost effectively1 regularly publish such data regarding utility consumption and costs in local areas as the ,secretary determines will be useful for the establishment of allowances for tenant-paid utilities for families assisted under this subsection4 7,b7 ,use of data ,the ,secretary shall provide such data in a manner that-- 7i7 avoids unnecessary administrative burdens for public housing agencies and owners2 and 7ii7 protects families in various unit sizes and building types1 and using various utilities1 from high rent and utility cost burdens relative to income4 4 #aji4 ,public housing ,capital and ,operating ,funds 7a7 ,capital ,fund replacement reserves ,section #i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7 is amended-- 7#a7 in subsection 7j71 by adding at the end the following3 7#g7 ,treatment of replacement reserve ,the requirements of this subsection shall not apply to funds held in replacement reserves established pursuant to subsection 7n74 2 and 7#b7 by adding at the end the following3 7n7 ,establishment of replacement reserves 7#a7 ,in general ,public housing agencies shall be permitted to establish a replacement reserve to fund any of the capital activities listed in subsection 7d77#a74 7#b7 ,source and amount of funds for replacement reserve ,at any time1 a public housing agency may deposit funds from such agency's ,capital ,fund into a replacement reserve1 subject to the following3 7,a7 ,at the discretion of the ,secretary1 public housing agencies may transfer and hold in a replacement reserve funds originating from additional sources4 7,b7 ,no minimum transfer of funds to a replacement reserve shall be required4 7,c7 ,at any time1 a public housing agency may not hold in a replacement reserve more than the amount the public housing authority has determined necessary to satisfy the anticipated capital needs of properties in its portfolio assisted under this section1 as outlined in its ,capital ,fund #e-,year ,action ,plan1 or a comparable plan1 as determined by the ,secretary4 7,d7 ,the ,secretary may establish1 by regulation1 a maximum replacement reserve level or levels that are below amounts determined under subparagraph 7,c71 which may be based upon the size of the portfolio assisted under this section or other factors4 7#c7 ,transfer of operating funds ,in first establishing a replacement reserve1 the ,secretary may allow public housing agencies to transfer more than #bj percent of its operating funds into its replacement reserve4 7#d7 ,expenditure ,funds in a replacement reserve may be used for purposes authorized by subsection 7d77#a7 and contained in its ,capital ,fund #e-,year ,action ,plan4 7#e7 ,management and report ,the ,secretary shall establish appropriate accounting and reporting requirements to ensure that public housing agencies are spending funds on eligible projects and that funds in the replacement reserve are connected to capital needs4 4 7b7 ,flexibility of operating fund amounts ,section #i7;g77#a7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g7g77#a77 is amended-- 7#a7 by striking 7#a7 and all that follows through --,of and inserting the following3 7#a7 ,flexibility in use of funds 7,a7 ,flexibility for capital fund amounts ,of 2 and 7#b7 by adding at the end the following3 7,b7 ,flexibility for operating fund amounts ,of any amounts appropriated for fiscal year #bjaf or any fiscal year thereafter that are allocated for fiscal year #bjaf or any fiscal year thereafter from the ,operating ,fund for any public housing agency1 the agency may use not more than #bj percent for activities that are eligible under subsection 7d7 for assistance with amounts from the ,capital ,fund1 but only if the public housing plan under section #e;,a for the agency provides for such use4 4 #aaj4 ,family unification program for children aging out of foster care ,section #h7x7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7x77 is amended-- 7#a7 in paragraph 7#b77;,b7-- 7,a7 by striking #ah months and inserting #cf months2 7,b7 by striking #ba years of age and inserting #bd years of age2 and 7,c7 by inserting after have left foster care the following3 1 or will leave foster care within #ij days1 in accordance with a transition plan described in section #dge7e77;,h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fge7e77;,h771 and is homeless or is at risk of becoming homeless2 7#b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,coordination between public housing agencies and public child welfare agencies ,the ,secretary shall1 not later than #ahj days after the date of enactment of the ,housing ,opportunity ,through ,modernization ,act of #bjaf and after consultation with other appropriate ,federal agencies1 issue guidance to improve coordination between public housing agencies and public child welfare agencies in carrying out the program under this subsection1 which shall provide guidance on-- 7,a7 identifying eligible recipients for assistance under this subsection2 7,b7 coordinating with other local youth and family providers in the community and participating in the ,continuum of ,care program established under subtitle ,c of title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq472 7,c7 implementing housing strategies to assist eligible families and youth2 7,d7 aligning system goals to improve outcomes for families and youth and reducing lapses in housing for families and youth2 and 7,e7 identifying resources that are available to eligible families and youth to provide supportive services available through parts ,b and ,e of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fba et seq4 and #fgj et seq47 or that the head of household of a family or youth may be entitled to receive under section #dgg of the ,social ,security ,act 7#db ,u4,s4,c4 #fgg74 4 #aaa4 ,public housing heating guidelines ,section #i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;g71 as amended by this ,act1 is amended by adding at the end the following3 7o7 ,public housing heating guidelines ,the ,secretary shall publish model guidelines for minimum heating requirements for public housing dwelling units operated by public housing agencies receiving assistance under this section4 4 #aab4 ,use of vouchers for manufactured housing 7a7 ,in general ,section #h7o77#ab7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#ab77 is amended-- 7#a7 in subparagraph 7,a71 by striking the period at the end of the first sentence and all that follows through of in the second sentence and inserting and rents2 and 7#b7 in subparagraph 7,b7-- 7,a7 in clause 7i71 by striking the rent and all that follows and inserting the following3 rent shall mean the sum of the monthly payments made by a family assisted under this paragraph to amortize the cost of purchasing the manufactured home1 including any required insurance and property taxes1 the monthly amount allowed for tenant-paid utilities1 and the monthly rent charged for the real property on which the manufactured home is located1 including monthly management and maintenance charges42 7,b7 by striking clause 7ii72 7,c7 by redesignating clause 7iii7 as clause 7ii72 and 7,d7 in clause 7ii71 as so redesignated1 by inserting after the period at the end the following3 ,if the amount of the monthly assistance payment for a family exceeds the monthly rent charged for the real property on which the manufactured home is located1 including monthly management and maintenance charges1 a public housing agency may pay the remainder to the family1 lender or utility company1 or may choose to make a single payment to the family for the entire monthly assistance amount44 7b7 ,effective date ,the ,secretary of ,housing and ,urban ,development shall issue notice to implement the amendments made by subsection 7a7 and such amendments shall take effect upon such issuance4 #aac4 ,preference for ,united ,states citizens or nationals ,section #bad7;a77#g7 of the ,housing and ,community ,development ,act of #aihj 7#db ,u4,s4,c4 #adcf;a7a77#g77 is amended by striking any such alien and all that follows through the period at the end and inserting any citizen or national of the ,united ,states shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for assistance44 #aad4 ,exception to public housing agency resident board member requirement ,section #b7;b7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking paragraph 7#b7 and inserting paragraphs 7#b7 and 7#c72 7#b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#c7 by inserting after paragraph 7#b7 the following new3 7#c7 ,exception for certain jurisdictions 7,a7 ,exception ,a covered agency 7as such term is defined in subparagraph 7,c77 shall not be required to include on the board of directors or a similar governing board of such agency a member described in paragraph 7#a74 7,b7 ,advisory board requirement ,each covered agency that administers ,federal housing assistance under section #h that chooses not to include a member described in paragraph 7#a7 on the board of directors or a similar governing board of the agency shall establish an advisory board of not less than #f residents of public housing or recipients of assistance under section #h to provide advice and comment to the agency or other administering entity on issues related to public housing and assistance provided under section #h4 ,such advisory board shall meet not less than quarterly4 7,c7 ,covered agency or entity ,for purposes of this paragraph1 the term covered agency means a public housing agency or such other entity that administers ,federal housing assistance for-- 7i7 the ,housing ,authority of the county of ,los ,angeles1 ,california2 or 7ii7 any of the ,states of ,alaska1 ,iowa1 and ,mississippi4 4 ,,ii ,rural housing #bja4 ,delegation of guaranteed rural housing loan approval ,section #ejb7;h7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb7;h77 is amended by adding at the end the following3 7#ah7 ,delegation of approval ,the ,secretary may delegate1 in part or in full1 the ,secretary's authority to approve and execute binding ,rural ,housing ,service loan guarantees pursuant to this subsection to certain preferred lenders1 in accordance with standards established by the ,secretary4 4 #bjb4 ,guaranteed underwriting user fee ,section #ejb of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adgb7 is amended by adding at the end the following3 7i7 ,guaranteed underwriting user fee 7#a7 ,authority2 maximum amount ,the ,secretary may assess and collect a fee for a lender to access the automated underwriting systems of the ,department in connection with such lender's participation in the single family loan program under this section and only in an amount necessary to cover the costs of information technology enhancements1 improvements1 maintenance1 and development for automated underwriting systems used in connection with the single family loan program under this section1 except that such fee shall not exceed #ej per loan4 7#b7 ,crediting2 availability ,any amounts collected from such fees shall be credited to the ,rural ,development ,expense ,account as offsetting collections and shall remain available until expended1 in the amounts provided in appropriation ,acts1 solely for expenses described in paragraph 7#a74 4 ,,iii ,,fha mortgage insurance for condominiums #cja4 ,modification of ,,fha requirements for mortgage insurance for condominiums ,section #bjc of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agji7 is amended by adding at the end the following3 7y7 ,requirements for mortgages for condominiums 7#a7 ,project recertification requirements ,notwithstanding any other law1 regulation1 or guideline of the ,secretary1 including chapter #b4d of the ,condominium ,project ,approval and ,processing ,guide of the ,federal ,housing ,administration1 the ,secretary shall streamline the project certification requirements that are applicable to the insurance under this section for mortgages for condominium projects so that recertifications are substantially less burdensome than certifications4 ,the ,secretary shall consider lengthening the time between certifications for approved properties1 and allowing updating of information rather than resubmission4 7#b7 ,commercial space requirements ,notwithstanding any other law1 regulation1 or guideline of the ,secretary1 including chapter #b4a4c of the ,condominium ,project ,approval and ,processing ,guide of the ,federal ,housing ,administration1 in providing for exceptions to the requirement for the insurance of a mortgage on a condominium property under this section regarding the percentage of the floor space of a condominium property that may be used for nonresidential or commercial purposes1 the ,secretary shall provide that-- 7,a7 any request for such an exception and the determination of the disposition of such request may be made1 at the option of the requester1 under the direct endorsement lender review and approval process or under the ,,hud review and approval process through the applicable field office of the ,department2 and 7,b7 in determining whether to allow such an exception for a condominium property1 factors relating to the economy for the locality in which such project is located or specific to project1 including the total number of family units in the project1 shall be considered4 ,not later than #ij days after the date of enactment of this paragraph1 the ,secretary shall issue regulations to implement this paragraph1 which shall include any standards1 training requirements1 and remedies and penalties that the ,secretary considers appropriate4 7#c7 ,transfer fees ,notwithstanding any other law1 regulation1 or guideline of the ,secretary1 including chapter #a4h4h of the ,condominium ,project ,approval and ,processing ,guide of the ,federal ,housing ,administration and section #bjc4da title #bd1 ,code of ,federal ,regulations1 existing standards of the ,federal ,housing ,finance ,agency relating to encumbrances under private transfer fee covenants shall apply to the insurance of mortgages by the ,secretary under this section to the same extent and in the same manner that such standards apply to the purchasing1 investing in1 and otherwise dealing in mortgages by the ,federal ,national ,mortgage ,association and the ,federal ,home ,loan ,mortgage ,corporation4 ,if the provisions of part #abbh of title #ab1 ,code of ,federal ,regulations1 are amended or otherwise changed after the date of enactment of this paragraph1 the ,secretary shall adopt any such amendments or changes for purposes of this paragraph1 unless the ,secretary causes to be published in the ,federal ,register a notice explaining why the ,secretary will disregard such amendments or changes within #ij days after the effective date of such amendments or changes4 7#d7 ,owner-occupancy requirement 7,a7 ,establishment of percentage requirement ,not later than #ij days after the date of enactment of this paragraph1 the ,secretary shall1 by rule1 notice1 or mortgagee letter1 issue guidance regarding the percentage of units that must be occupied by the owners as a principal residence or a secondary residence 7as such terms are defined by the ,secretary71 or must have been sold to owners who intend to meet such occupancy requirements1 including justifications for the percentage requirements1 in order for a condominium project to be acceptable to the ,secretary for insurance under this section of a mortgage within such condominium property4 7,b7 ,failure to act ,if the ,secretary fails to issue the guidance required under subparagraph 7,a7 before the expiration of the #ij-;day period specified in such subparagraph1 the following provisions shall apply3 7i7 #ce-percent requirement ,in order for a condominium project to be acceptable to the ,secretary for insurance under this section1 at least #ce percent of all family units 7including units not covered by mortgages insured by the ,federal ,housing ,administration7 must be occupied by the owners as a principal residence or a secondary residence 7as such terms are defined by the ,secretary71 or must have been sold to owners who intend to meet such occupancy requirement4 7ii7 ,other considerations ,the ,secretary may increase the percentage applicable pursuant to clause 7i7 to a condominium project on a project-by-project or regional basis1 and in determining such percentage for a project shall consider factors relating to the economy for the locality in which such project is located or specific to project1 including the total number of family units in the project4 4 ,,iv ,housing reforms for the homeless and for veterans #dja4 ,definition of geographic area for ,continuum of ,care ,program 7a7 ,definition ,subtitle ,c of title ,,iv of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj et seq47 is amended-- 7#a7 by redesignating sections #dcb and #dcc 7#db ,u4,s4,c4 #aachg and #aachh7 as sections #dcc and #dcd1 respectively2 and 7#b7 by inserting after section #dca 7#db ,u4,s4,c4 #aachf;e7 the following3 #dcb4 ,geographic areas 7a7 ,requirement ,to define ,for purposes of this subtitle1 the term geographic area shall have such meaning as the ,secretary shall by notice provide4 7b7 ,issuance of notice ,not later than #ij days after the date of enactment of the ,housing ,opportunity ,through ,modernization ,act of #bjaf1 the ,secretary shall issue a notice setting forth the definition required by subsection 7a74 4 7b7 ,clerical amendment ,the table of contents in section #aja7;b7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacja note7 is amended by striking the items relating to sections #dcb and #dcc and inserting the following3 ,sec4 #dcb4 ,geographic areas4,sec4 #dcc4 ,regulations4,sec4 #dcd4 ,reports to ,congress4 4 #djb4 ,inclusion of public housing agencies and local redevelopment authorities in emergency solutions grants ,section #dad7;c7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacgc7;c77 is amended-- 7#a7 in the subsection heading1 by inserting 1 public housing agencies1 and local redevelopment authorities after organizations2 and 7#b7 in the first sentence1 by inserting before the period at the end the following3 1 to public housing agencies 7as defined under section #c7;b77#f7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#f7771 or to local redevelopment authorities 7as defined under ,state law74 #djc4 ,special assistant for ,veterans ,affairs in the ,department of ,housing and ,urban ,development 7a7 ,transfer of position to ,office of the ,secretary ,section #d of the ,department of ,housing and ,urban ,development ,act 7#db ,u4,s4,c4 #cecc7 is amended by adding at the end the following3 7h7 ,special assistant for veterans affairs 7#a7 ,position ,there shall be in the ,office of the ,secretary a ,special ,assistant for ,veterans ,affairs1 who shall report directly to the ,secretary4 7#b7 ,appointment ,the ,special ,assistant for ,veterans ,affairs shall be appointed based solely on merit and shall be covered under the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7#c7 ,responsibilities ,the ,special ,assistant for ,veterans ,affairs shall be responsible for-- 7,a7 ensuring veterans have fair access to housing and homeless assistance under each program of the ,department providing either such assistance2 7,b7 coordinating all programs and activities of the ,department relating to veterans2 7,c7 serving as a liaison for the ,department with the ,department of ,veterans ,affairs1 including establishing and maintaining relationships with the ,secretary of ,veterans ,affairs2 7,d7 serving as a liaison for the ,department1 and establishing and maintaining relationships with the ,united ,states ,interagency ,council on ,homelessness and officials of ,state1 local1 regional1 and nongovernmental organizations concerned with veterans2 7,e7 providing information and advice regarding-- 7i7 sponsoring housing projects for veterans assisted under programs administered by the ,department2 or 7ii7 assisting veterans in obtaining housing or homeless assistance under programs administered by the ,department2 7,f7 coordinating with the ,secretary of ,housing and ,urban ,development and the ,secretary of ,veterans ,affairs in carrying out section #djd of the ,housing ,opportunity ,through ,modernization ,act of #bjaf2 7,g7 collaborating with the ,department of ,veterans ,affairs on making joint recommendations to ,congress1 the ,secretary1 and the ,secretary of ,veterans ,affairs on how to better coordinate and improve services to veterans under both ,department and ,department of ,veteran ,affairs veterans housing programs1 including ways to improve the ,independent ,living ,program of the ,department of ,veteran ,affairs2 and 7,h7 carrying out such other duties as may be assigned to the ,special ,assistant by the ,secretary or by law4 4 7b7 ,transfer of position in ,office of ,deputy ,assistant ,secretary for ,special ,needs ,on the date that the initial ,special ,assistant for ,veterans ,affairs is appointed pursuant to section #d7;h77#b7 of the ,department of ,housing and ,urban ,development ,act1 as added by subsection 7a7 of this section1 the position of ,special ,assistant for ,veterans ,programs in the ,office of the ,deputy ,assistant ,secretary for ,special ,needs of the ,department of ,housing and ,urban ,development shall be terminated4 #djd4 ,annual supplemental report on veterans homelessness 7a7 ,in general ,the ,secretary of ,housing and ,urban ,development and the ,secretary of ,veterans ,affairs1 in coordination with the ,united ,states ,interagency ,council on ,homelessness1 shall submit annually to the ,committees of the ,congress specified in subsection 7b71 together with the annual reports required by such ,secretaries under section #bjc7;c77#a7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacac7;c77#a771 a supplemental report that includes the following information with respect to the preceding year3 7#a7 ,the same information1 for such preceding year1 that was included with respect to #bjaj in the report by the ,secretary of ,housing and ,urban ,development and the ,secretary of ,veterans ,affairs entitled ,veterans ,homelessness3 ,a ,supplemental ,report to the #bjaj ,annual ,homeless ,assessment ,report to ,congress4 7#b7 ,information regarding the activities of the ,department of ,housing and ,urban ,development relating to veterans during such preceding year1 as follows3 7,a7 ,the number of veterans provided assistance under the housing choice voucher program for ,veterans ,affairs supported housing under section #h7o77#ai7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#ai771 the socioeconomic characteristics of such homeless veterans1 and the number1 types1 and locations of entities contracted under such section to administer the vouchers4 7,b7 ,a summary description of the special considerations made for veterans under public housing agency plans submitted pursuant to section #e;,a of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;c-#a7 and under comprehensive housing affordability strategies submitted pursuant to section #aje of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgje74 7,c7 ,a description of the activities of the ,special ,assistant for ,veterans ,affairs of the ,department of ,housing and ,urban ,development4 7,d7 ,a description of the efforts of the ,department of ,housing and ,urban ,development and the other members of the ,united ,states ,interagency ,council on ,homelessness to coordinate the delivery of housing and services to veterans4 7,e7 ,the cost to the ,department of ,housing and ,urban ,development of administering the programs and activities relating to veterans4 7,f7 ,any other information that the ,secretary of ,housing and ,urban ,development and the ,secretary of ,veterans ,affairs consider relevant in assessing the programs and activities of the ,department of ,housing and ,urban ,development relating to veterans4 7b7 ,committees ,the ,committees of the ,congress specified in this subsection are as follows3 7#a7 ,the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#b7 ,the ,committee on ,veterans' ,affairs of the ,senate4 7#c7 ,the ,committee on ,appropriations of the ,senate4 7#d7 ,the ,committee on ,financial ,services of the ,house of ,representatives4 7#e7 ,the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 7#f7 ,the ,committee on ,appropriations of the ,house of ,representatives4 #dje4 ,reopening of public comment period for ,continuum of ,care ,program regulations ,not later than #cj days after the date of enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall re-open the period for public comment regarding the ,secretary's interim rule entitled ,homeless ,emergency ,assistance and ,rapid ,transition to ,housing3 ,continuum of ,care ,program 7#gg ,fed4 ,reg4 #dedbb2 ,july #ca1 #bjab74 ,upon re-opening1 such comment period shall remain open for a period of not less than #fj days4 ,v ,miscellaneous #eja4 ,inclusion of ,disaster ,housing ,assistance ,program in certain fraud and abuse prevention measures ,the ,disaster ,housing ,assistance ,program administered by the ,department of ,housing and ,urban ,development shall be considered a program of the ,department of ,housing and ,urban ,development under section #ijd of the ,stewart ,b4 ,mc,kinney ,homeless ,assistance ,amendments ,act of #aihh 7#db ,u4,s4,c4 #cedd7 for the purpose of income verifications4 #ejb4 ,energy efficiency requirements under ,self-,help ,homeownership ,opportunity ,program ,section #aa of the ,housing ,opportunity ,program ,extension ,act of #aiif 7#db ,u4,s4,c4 #abhje note7 is amended by inserting after subsection 7f7 the following3 7g7 ,energy efficiency requirements ,the ,secretary may not require any dwelling developed using amounts from a grant made under this section to meet any energy efficiency standards other than the standards applicable at such time pursuant to section #aji of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgji7 to housing specified in subsection 7a7 of such section4 4 #ejc4 ,data exchange standardization for improved interoperability 7a7 ,data exchange standardization ,title ,i of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq47 is amended by adding at the end the following3 #cg4 ,data exchange standards for improved interoperability 7a7 ,designation ,the ,secretary shall1 in consultation with an interagency work group established by the ,office of ,management and ,budget1 and considering ,state government perspectives1 designate data exchange standards to govern1 under this ,act-- 7#a7 necessary categories of information that ,state agencies operating related programs are required under applicable law to electronically exchange with another ,state agency2 and 7#b7 ,federal reporting and data exchange required under applicable law4 7b7 ,requirements ,the data exchange standards required by subsection 7a7 shall1 to the maximum extent practicable-- 7#a7 incorporate a widely accepted1 nonproprietary1 searchable1 computer-readable format1 such as the e,xtensible ,markup ,language2 7#b7 contain interoperable standards developed and maintained by intergovernmental partnerships1 such as the ,national ,information ,exchange ,model2 7#c7 incorporate interoperable standards developed and maintained by ,federal entities with authority over contracting and financial assistance2 7#d7 be consistent with and implement applicable accounting principles2 7#e7 be implemented in a manner that is cost- effective and improves program efficiency and effectiveness2 and 7#f7 be capable of being continually upgraded as necessary4 7c7 ,rules of construction ,nothing in this section requires a change to existing data exchange standards for ,federal reporting found to be effective and efficient4 4 7b7 ,applicability 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall issue a proposed rule to carry out the amendments made by subsection 7a74 7#b7 ,requirements ,the rule described in paragraph 7#a7 shall-- 7,a7 identify federally required data exchanges2 7,b7 include specification and timing of exchanges to be standardized2 7,c7 address the factors used in determining whether and when to standardize data exchanges2 7,d7 specify ,state implementation options2 and 7,e7 describe future milestones4 ,,vi ,reports #fja4 ,report on interagency family economic empowerment strategies ,the ,secretary of ,housing and ,urban ,development1 in consultation with the ,secretary of ,labor1 shall submit to ,congress an annual report that describes-- 7#a7 any interagency strategies of such ,departments that are designed to improve family economic empowerment by linking housing assistance with essential supportive services1 such as employment counseling and training1 financial education and growth1 childcare1 transportation1 meals1 youth recreational activities1 and other supportive services2 and 7#b7 any actions taken in the preceding year to carry out such strategies and the extent of progress achieved by such actions4 ,,vii ,housing ,opportunities for ,persons with ,,aids #gja4 ,formula and terms for allocations to prevent homelessness for individuals living with ,,hiv or ,,aids 7a7 ,in general ,section #hed7;c7 of the ,,aids ,housing ,opportunity ,act 7#db ,u4,s4,c4 #abijc7;c77 is amended by-- 7#a7 redesignating paragraph 7#c7 as paragraph 7#e72 and 7#b7 striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,allocation of resources 7,a7 ,allocation formula ,the ,secretary shall allocate #ij percent of the amount approved in appropriations ,acts under section #hfc among ,states and metropolitan statistical areas as follows3 7i7 #ge percent of such amounts among-- 7,i7 cities that are the most populous unit of general local government in a metropolitan statistical area with a population greater than #ejj1jjj1 as determined on the basis of the most recent census1 and with more than #b1jjj individuals living with ,,hiv or ,,aids1 using the data specified in subparagraph 7,b72 and 7,,ii7 ,states with more than #b1jjj individuals living with ,,hiv or ,,aids outside of metropolitan statistical areas4 7ii7 #be percent of such amounts among ,states and metropolitan statistical areas based on the method described in subparagraph 7,c74 7,b7 ,source of data ,for purposes of allocating amounts under this paragraph for any fiscal year1 the number of individuals living with ,,hiv or ,,aids shall be the number of such individuals as confirmed by the ,director of the ,centers for ,disease ,control and ,prevention1 as of ,december #ca of the most recent calendar year for which such data is available4 7,c7 ,allocation method ,for purposes of allocating amounts under subparagraph 7,a77ii71 the ,secretary shall develop a method that accounts for-- 7i7 differences in housing costs among ,states and metropolitan statistical areas based on the fair market rental established pursuant to section #h7;c7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7c77 or another methodology established by the ,secretary through regulation2 and 7ii7 differences in poverty rates among ,states and metropolitan statistical areas based on area poverty indexes or another methodology established by the ,secretary through regulation4 7#b7 ,maintaining grants 7,a7 ,continued eligibility of fiscal year #bjaf grantees ,a grantee that received an allocation in fiscal year #bjaf shall continue to be eligible for allocations under paragraph 7#a7 in subsequent fiscal years1 subject to-- 7i7 the amounts available from appropriations ,acts under section #hfc2 7ii7 approval by the ,secretary of the most recent comprehensive housing affordability strategy for the grantee approved under section #aje2 and 7iii7 the requirements of subparagraph 7,c74 7,b7 ,adjustments ,allocations to grantees described in subparagraph 7,a7 shall be adjusted annually based on the administrative provisions included in fiscal year #bjaf appropriations ,acts4 7,c7 ,redetermination of continued eligibility ,the ,secretary shall redetermine the continued eligibility of a grantee that received an allocation in fiscal year #bjaf at least once during the #aj-year period following fiscal year #bjaf4 7,d7 ,adjustment to grants ,for each of fiscal years #bjag1 #bjah1 #bjai1 #bjbj1 and #bjba1 the ,secretary shall ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation that is #e percent less than or #aj percent greater than the amount allocated to such grantee in the preceding fiscal year4 7#c7 ,alternative grantees 7,a7 ,requirements ,the ,secretary may award funds reserved for a grantee eligible under paragraph 7#a7 to an alternative grantee if-- 7i7 the grantee submits to the ,secretary a written agreement between the grantee and the alternative grantee that describes how the alternative grantee will take actions consistent with the applicable comprehensive housing affordability strategy approved under section #aje of this ,act2 7ii7 the ,secretary approves the written agreement described in clause 7,i7 and agrees to award funds to the alternative grantee2 and 7iii7 the written agreement does not exceed a term of #aj years4 7,b7 ,renewal ,an agreement approved pursuant to subparagraph 7,a7 may be renewed by the parties with the approval of the ,secretary4 7,c7 ,definition ,in this paragraph1 the term alternative grantee means a public housing agency 7as defined in section #c7;b77#f7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a7b77#f7771 a unified funding agency 7as defined in section #dja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj771 a ,state1 a unit of general local government1 or an instrumentality of ,state or local government4 7#d7 ,reallocations ,if a ,state or metropolitan statistical area declines an allocation under paragraph 7#a77;,a71 or the ,secretary determines1 in accordance with criteria specified in regulation1 that a ,state or metropolitan statistical area that is eligible for an allocation under paragraph 7#a77;,a7 is unable to properly administer such allocation1 the ,secretary shall reallocate any funds reserved for such ,state or metropolitan statistical area as follows3 7,a7 ,for funds reserved for a ,state-- 7i7 to eligible metropolitan statistical areas within the ,state on a pro rata basis2 or 7ii7 if there is no eligible metropolitan statistical areas within a ,state1 to metropolitan cities and urban counties within the ,state that are eligible for grant under section #ajf of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf71 on a pro rata basis4 7,b7 ,for funds reserved for a metropolitan statistical area1 to the ,state in which the metropolitan statistical area is located4 7,c7 ,if the ,secretary is unable to make a reallocation under subparagraph 7,a7 or 7,b71 the ,secretary shall make such funds available on a pro rata basis under the formula in paragraph 7#a77;,a74 4 7b7 ,amendment to definitions ,section #hec of the ,,aids ,housing ,opportunity ,act 7#db ,u4,s4,c4 #abijb7 is amended-- 7#a7 in paragraph 7#a71 by inserting or ,,aids before means2 and 7#b7 by adding at the end the following3 7#ae7 ,the term ,,hiv means infection with the human immunodeficiency virus4 7#af7 ,the term individuals living with ,,hiv or ,,aids means1 with respect to the counting of cases in a geographic area during a period of time1 the sum of-- 7,a7 the number of living non-,,aids cases of ,,hiv in the area2 and 7,b7 the number of living cases of ,,aids in the area4 4