Page:United States Statutes at Large Volume 102 Part 4.djvu/299

 PUBLIC LAW 100-628—NOV. 7, 1988

102 STAT. 3269

SEC 1013. PUBLIC HOUSING LEASE AND GRIEVANCE PROCEDURES.

The Secretary of Housing and Urban Development shall publish a notice providing that the final rule of the Department of Housing and Urban Development entitled "Public Housing—Tenancy and Administrative Grievance Procedure" and published in the Federal R^lister of August 30, 1988 (53 Fed. R^. 33216 et seq.) shall be interim for effect. The Secretary shall afford interested persons an opportunity to conunent on the rule in accordance with section 553(c) of title 5, United States Code, and such comment period shall continue for not less than 60 days, or until March 1, 1989, whichever occurs later. SEC 1014. EXCEPTIONS TO TENANT PREFERENCE PROVISIONS. (a) PUBLIC HOUSING.—

(1) IN GENERAL.—Section 6(c)(4)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437d(c)(4)(A)) (as amended by section 10N51(b) of this Act) is further amended— (A) by inserting "(i)" after ", but"; and (B) by inserting before the semicolon at the end the following: "; and (ii) the public housing agency may provide for circumstances in which families who do not quedify for any preference established in this subparagraph are provided assistance before families who do qualify for such preference, except that not more than 10 percent of the families who initially receive assistance in any 1-year period (or such shorter period selected by the public housing agency before the beginning of its first full year subject to this clause) may be families who do not qualify for such preference". (2) INDIAN HOUSING.—In accordance with section 201(b)(2) of 42 USC I437d the United States Housing Act of 1937, the amendments made ^°^by paragraph (1) shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housii^ authority. O> SECTION 8 ASSISTANCE.—Section 8(d)(l)(A) of the United States i) Housing Act of 1937 (42 U.S.C. 1437f(d)(l)(A)) is amended— (1) by inserting "(i)" after "except that"; and (2) by inserting before the semicolon at the end the following: "; and (ii) the public housing agency may provide for circumstances in which families who do not qualify for any preference established in clause (i) are provided assistance before families who do qualify for such preference, except that not more than 10 percent (or such higher percentage determined by the Secretary to be necessary to ensure that public housing agencies can assist families in accordajice with subsection (u)(2) or determined by the Secretary to be appropriate for other good cause) of the families who initially receive assistance in any 1-year period (or such shorter period selected by the public housing agency before the beginning of its first full year subject to this clause) may be families who do not qualify for such preference". (c) HOUSING VOUCHERS.—Section 8(o)(3) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(3)) is amended by adding at the end the following new sentence: "A public housing agency may provide for circumstances in which families who do not qualify for any preference established in the preceding sentence are provided assistance under this subsection before families who do quialify for

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