Page:United States Statutes at Large Volume 110 Part 1.djvu/863

 PUBLIC LAW 104-120—MAR. 28, 1996 110 STAT. 839 (or portions) available only to the types of families for whom the project is designated. " (3) ELIGIBILITY OF NEAR-ELDERLY FAMILIES. — I f a public housing agency determines that there are insufficient numbers of elderly families to fill all the units in a project (or portion of a project) designated under paragraph (1) for occupancy by only elderly families, the agency may provide that nearelderly families may occupy dwelling units in the project (or portion). "(b) STANDARDS REGARDING EVICTIONS. —Except as provided in section 16(e)(1)(B), any tenant who is lawfully residing in a dwelling unit in a public housing project may not be evicted or otherwise required to vacate such unit because of the designation of the project (or portion of a project) pursuant to this section or because of any action taken by the Secretary or any public housing agency pursuant to this section. "(c) RELOCATION ASSISTANCE. —^A public housing agency that designates any existing project or building, or portion thereof, for occupancy as provided under subsection (a)(1) shall provide, to each person and family who agrees to be relocated in connection with such designation— "(1) notice of the designation and an explanation of avail- Notice. able relocation benefits, as soon as is practicable for the agency and the person or family; "(2) access to comparable housing (including appropriate services and design features), which may include tenant-based rental assistance under section 8, at a rental rate paid by the tenant that is comparable to that applicable to the unit from which the person or family has vacated; and "(3) payment of actual, reasonable moving expenses. "(d) REQUIRED PLAN.—^A plan under this subsection for designating a project (or portion of a project) for occupancy under subsection (a)(1) is a plan, prepared by the public housing agency for the project and submitted to the Secretary, that— "(1) establishes that the designation of the project is necessary— "(A) to achieve the housing goals for the jurisdiction under the comprehensive housing affordability strategy under section 105 of the Cranston-Gonzalez National Affordable Housing Act; and "(B) to meet the housing needs of the low-income population of the jurisdiction; and "(2) includes a description of— "(A) the project (or portion of a project) to be designated; "(B) the types of tenants for which the project is to be designated; "(C) any supportive services to be provided to tenants of the designated project (or portion); "(D) how the design and related facilities (as such term is defined in section 202(d)(8) of the Housing Act of 1959) of the project accommodate the special environmental needs of the intended occupants; and "(E) any plans to secure additional resources or housing assistance to provide assistance to families that may have been housed if occupancy in the project were not restricted pursuant to this section.

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