Page:United States Statutes at Large Volume 104 Part 5.djvu/943

 PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4265 in another project for the same period and at a rental cost to the tenant not in excess of the rental amount the tenant would have been required to pay in the housing of the owner, except that the tenant must freely agree to waive the right to occupy the unit in the owner's housing. " (3) APPLICABILITY TO LOW-VACANCY AREAS AND SPECIAL NEEDS TENANTS. — The provisions of this subsection shall apply only to— "(A) eligible low income housing located in a low-vacancy area (as such term is defined by the Secretary); and "(B) tenants in any eligible low-income housing in any area who have special needs restricting their ability to relocate (including elderly tenants and tenants with disabilities), as determined under regulations established by the Secretary. "(d) REQUIRED ACCEPTANCE OF SECTION 8 ASSISTANCE. — An owner who prepays the mortgage (or terminates the mortgage insurance contract) on eligible low-income housing and maintains the housing for residential rental occupancy may not refuse to rent, refuse to negotiate for the rental of, or otherwise make unavailable or deny the rent of a dwelling unit in such property to any person, or discriminate against any person in the terms, conditions, or privileges of rental of a dwelling (or in the provision of services or facilities in connection therewith), because the person receives assistance under section 8 of United States Housing Act of 1937. "(e) REGIONAL POOLS. —In providing assistance under this section, the Secretary shall allocate the assistance on a regional basis through the regional offices of the Department of Housing and Urban Development. The Secretary shall allocate assistance under this section in a manner so that the total number of assisted units in each such region available for occupancy by, and affordable to, lower income families and persons does not decrease because of the prepayment or payment of a mortgage on eligible low-income housing or the termination of an insurance contract on such housing. "SEC. 224. PERMISSIBLE PREPAYMENT OR VOLUNTARY TERMINATION 12 USC 4114. AND MODIFICATION OF COMMITMENTS. "(a) IN GENERAL. —Notwithstanding any limitations on prepay- ment or voluntary termination under this subtitle, an owner may terminate the low-income affordability restrictions through prepay- ment or voluntary termination, subject to compliance with the provisions of section 223, under one of the following circumstances: "(1)(A) The Secretary approves a plan of action under section 219(a), but does not provide the assistance approved in such plan during the 15-month period beginning on the date of approval. "(B) After the date that the housing would have been eligible for prepa3mient pursuant to the terms of the mortgage (notwithstanding this subtitle), the Secretary approves a plan of action under section 220 or 221, but does not provide the assistance approved in such plan before the earlier of (i) the expiration of the 2-month period beginning on the commencement of the 1st fiscal year beginning after such approval, or (ii) the expiration of the 6-month period beginning on the date of approval. "(C) The Secretary approves a plan of action under section 220 or 221 for any eligible low-income housing not covered by subparagraph (B), but does not provide the assistance approved

�