Page:United States Statutes at Large Volume 104 Part 5.djvu/833

 PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4155 "(2) will, not later than 2 years after the transfer to an eligible family, meet minimum housing standards established by the Secretary for the purposes of this title. "(g) REPLACEMENT PLAN. —Public housing projects shall not be transferred under this title unless the Secretary has entered into a binding agreement with the local public housing agency to make available to such agency Federal funding assistance to provide an additional decent, safe, sanitary, and affordable dwelling unit as a replacement for each unit in a public housing project to be transferred. Such replacement housing may consist of— "(1) the development of new public housing units by the public housing agency in accordance with section 5; "(2) the rehabilitation of vacant public housing units by the public housing agency in accordance with section 14(n)(l); "(3) the use of 5-year, tenant-beised rental assistance under section 8(b)(2) and section 8(o)(9); "(4) the use of a State or IOCEQ program that is comparable to any of the Federal programs referred to in subparagraphs (A) through (C) as to housing standards, eligibility, and contribution to rent, and provides a term of assistance of not less than 5 years; "(5) where the applicant is a resident management corporation, resident council, or cooperative association, the acquisition of nonpublicly owned housing units, which the applicant shall operate as rental housing comparable to public housing as to term of assistance, housing standards, eligibility, and contribution to rent; or "(6) any combination of such methods. "(h) PROTECTION OF NON-PURCHASING FAMILIES. — "(1) IN GENERAL. —No tenant residing in a dwelling unit in a public housing project on the date the Secretary approves an application for an implementation grant may be evicted by reason of a homeownership program approved under this title. "(2) REPLACEMENT ASSISTANCE. —If the tenant decides not to purchase a unit, or is not qualified to do so, the recipient shall, during the term of any operating assistance under the implementation grant, permit each otherwise qualified tenant to continue to reside in the project at rents that do not exceed levels consistent with section 3(a) of this Act or, if an otherwise qualified tenant chooses to move (at any time during the term of such operating assistance contract), the public housing agency shall, to the extent approved in appropriations Acts, offer such tenant (A) a unit in another public housing project, or (B) section 8 assistance for use in other housing. "(3) RELOCATION ASSISTANCE. — The recipient shall also inform each such tenant that if the tenant chooses to move, the recipient will pay relocation assistance in accordance with the approved homeownership program. '(4) OTHER RIGHTS.— Tenante renting a unit in a project transferred under this title shall have all rights provided to tenants of public housing under this Act. "SEC. 305. OTHER PROGRAM REQUIREMENTS. 42 USC "(a) SALE BY PUBLIC HOUSING AGENCY To APPLICANT OR OTHER ^ ^^~^ ' ENTITY REQUIRED. —Where the Secretary approves an application providing for the transfer of the eligible project from the public housing agency to another applicant, the public housing agency 39-194O-91-27:QL3Part5

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