Page:United States Statutes at Large Volume 101 Part 3.djvu/540

 101 STAT. 1838 Vi ''• '.

State and local governments. "

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PUBLIC LAW 100-242—FEB. 5, 1988

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"(B) if it provides for the use of tenant-based assistance under section 8, may be approved— "(i) only after a finding by the Secretary that replacement with project-based assistance is not feasible, and to those who would receive such assistance under the AT u plan is sufficient for the total number of certificates and vouchers available in the community after implementation of the plan and that such supply is likely tf.. to remain available for the full 15-year term of the assistance; and ,;r"(ii) only if such finding is based on objective information, which shall include rates of participation by landlords in the section 8 program, size, conditions and rent levels of available rental housing as compared to section 8 standards, the supply of vacant existing housing meeting the section 8 quality standards with rents at or below the fair market rent or the likelihood of adjusting the fair market rent, the number of eligible families waiting for public housing or housing assistance under section 8, and the extent of discrimination against the types of individuals or families to be served by the assistance; "(C) is approved by the unit of general local government in which the project is located; "(D) includes a schedule for completing the plan within a period consistent with the size of the proposed demolition or disposition, except that the schedule shall in no event exceed 6 years; '": "(E) includes a method of ensuring that the same number of individuals and families will be provided housing; "(F) provides for the payment of the relocation expenses f , of each tenant to be displaced and ensures that the rent '''"^^ paid by the tenant following relocation will not exceed the amount permitted under this Act; and "(G) prevents the taking of any action to demolish or "-' dispose of any unit until the tenant of the unit is relocated to decent, safe, sanitary, and affordable housing that is, to the extent practicable, of the tenant's choice.". (c) FUNDING OF REPLACEMENT HOUSING PLAN.—Section 18(c) of the
 * ' the supply of private rental housing actually available

42 USC I437p.

United States Housing Act of 1937 is amended— (1) by inserting "(1)" after the subsection designation; and (2) by adding at the end the following new paragraphs: "(2) The Secretary shall, upon approving a plan under subsection (b)(3), agree to commit (subject to the availability of future appropriations) the funds necessary to carry out the plan over the approved schedule of the plan. "(3) The Secretary shall, in allocating assistance for the acquisition or development of public housing or for moderate rehabilitation under section 8(e)(2), give consideration to housing that replaces demolished public housing units in accordance with a plan under subsection (b)(3).". (d) APPLICABILITY.—Section 18 of the United States Housing Act of 1937 is amended by striking subsection (d) and inserting the following new subsection: "(d) A public housing agency shall not take any action to demolish or dispose of a public housing project or a portion of a public housing

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