Page:United States Statutes at Large Volume 112 Part 3.djvu/705

 PUBLIC LAW 105-276—OCT. 21, 1998 112 STAT. 2535 and make recommendations regarding the development of the public housing agency plan for the agency. The agency shall consider the recommendations of the resident advisory boards in preparing the final public housing agency plan, and shall include, in the public housing agency plan submitted to the Secretary under this section, a copy of the recommendations and a description of the manner in which the recommendations were addressed. "(3) WAIVER. — The Secretary may waive the requirements of this subsection with respect to the establishment of resident advisory boards for a public housing agency if the agency demonstrates to the satisfaction of the Secretary that there exist resident councils or other resident organizations of the public housing agency that— "(A) adequately represent the interests of the residents of the public housing agency; and "(B) have the ability to perform the functions described in paragraph (2). "(1) IN GENERAL.—In developing a public housing agency plan under this section, the board of directors or similar governing body of a public housing agency shall conduct a public hearing to discuss the public housing agency plan and to invite public comment regarding that plan, llie hearing shall be conducted at a location that is convenient to residents. "(2) AVAILABILITY OF INFORMATION AND NOTICE. — Not later Deadline, than 45 days before the date of a hearing conducted under paragraph (1), the public housing agency shall— "(A) make the proposed public housing agency plan and all information relevant to the hearing and proposed plan available for inspection by the public at the principal office of the public housing agency during normal business hours; and "(B) publish a notice informing the public that— "(i) that the information is available as required under subparagraph (A); and "(ii) that a public hearing under paragraph (1) will be conducted. "(3) ADOPTION OF PLAN.—^A public housing agency may adopt a public housing agency plan and submit the plan to the Secretary in accordance with this section only after— "(A) conducting a public hearing under paragraph (1); "(B) considering all public comments received; and "(C) making any appropriate changes in the public housing agency plan, in consultation with the resident advisory board. "(4) ADVISORY BOARD CONSULTATION ENFORCEMENT.— Pursuant to a written request made by the resident advisory board for a public housing agency that documents a failure on the part of the agency to provide adequate notice and opportunity for comment under this subsection and a finding by the Secretary of good cause within the time period provided for in subsection (i)(4), the Secretary may require the public housing agency to adequately remedy such failure before final approval of the public housing agency plan under this section. " (g) AMENDMENTS AND MODIFICATIONS TO PLANS.— "(1) IN GENERAL. —Except as provided in paragraph (2), nothing in this section shall preclude a public housing agency, 59-194O-98 - 23:QL3Part3

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