Page:United States Statutes at Large Volume 101 Part 3.djvu/631

 PUBLIC LAW 100-242—FEB. 5, 1988

101 STAT. 1929

section 106(d), and that the decision of the Secretary or the State official shall be final unless a court determines the decision was arbitrary and capricious. "(3) Paragraphs (2)(A)(i) and (2)(A)(ii) shall not apply in any case in which the Secretary finds, on the basis of objective data, that there is available in the area an adequate supply of habitable affordable housing for low and moderate income persons. A determination •^''ik under this paragraph is final and nonreviewable.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 42 USC 5304 shall take effect on October 1, 1988. note. SEC. 510. LIMITED NEW CONSTRUCTION OF HOUSING UNDER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

Section 105(a) of the Housing and Community Development Act of 1974 is amended— 42 USC 5305. (1) by striking out "and" at the end of paragraph (17); (2) by striking out the period at the end of paragraph (18) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(19) provision of assistance to facilitate substantial reconstruction of housing owned and occupied by low and moderate income persons (A) where the need for the reconstruction was not determinable until after rehabilitation under this sec35,, tion had already commenced, or (B) where the reconstruction is part of a neighborhood rehabilitation effort and the grantee (i) determines the housing is not suitable for rehabilitation, and (ii) demonstrates to the satisfaction of the Secretary that the cost of substantial reconstruction is significantly less than the cost of new construction and less than the fair market value of the property after substantial reconstruction.". SEC. 511. AVAILABILITY OF COMMUNITY DEVELOPMENT BLOCK GRANTS FOR UNIFORM EMERGENCY TELEPHONE NUMBER SYSTEMS.

Section 105(c)(2) of the Housing and Community Development Act of 1974 is amended— (1) by inserting "(A)" after the paragraph designation; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (3) by adding at the end thereof the following new subparagraph: "(B) The requirements of subparagraph (A) do not prevent the use of assistance under this title for the development, establishment, and operation for not to exceed 2 years after its establishment of a uniform emergency telephone number system if the Secretary determines that— "(i) such system will contribute substantially to the safety of the residents of the area served by such system; "(ii) not less than 51 percent of the use of the system will be by persons of low and moderate income; and "(iii) other Federal funds received by the grantee are not available for the development, establishment, and operation of such system due to the insufficiency of the amount of such funds, the restrictions on the use of such funds, or the prior commitment of such funds for other purposes by the grantee. The percentage of the cost of the development, establishment, and operation of such a system that may be paid from assistance under this title and that is considered to benefit low and moderate income

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