Page:United States Statutes at Large Volume 112 Part 3.djvu/710

 112 STAT. 2540 PUBLIC LAW 105-276—OCT. 21, 1998 "(D) meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program; or "(E) is in a family receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfareto-work program, and has not been found by the State or other administering entity to be in noncompliance with such program. " (3) ANNUAL DETERMINATIONS. — "(A) REQUIREMENT.— For each public housing resident subject to the requirement under paragraph (1), the public housing agency shall, 30 days before the expiration of each lease term of the resident under section 6(1)(1), review and determine the compliance of the resident with the requirement under paragraph (1) of this subsection. "(B) DUE PROCESS. — Such determinations shall be made in accordance with the principles of due process and on a nondiscriminatory basis. "(C) NONCOMPLIANCE.— I f an agency determines that a resident subject to the requirement under paragraph (1) has not complied with the requirement, the agency— "(i) shall notify the resident— "(I) of such noncompliance; "(II) that the determination of noncompliance is subject to the administrative grievance procedure under subsection (k); and "(III) that, unless the resident enters into an agreement under clause (ii) of this subparagraph, the resident's lease will not be renewed; and "(ii) may not renew or extend the resident's lease upon expiration of the lease term and shall take such action as is necessary to terminate the tenancy of the household, unless the agency enters into an agreement, before the expiration of the lease term, with the resident providing for the resident to cure any noncompliance with the requirement under paragraph (1), by participating in an economic self-sufficiency program for or contributing to community service as many additional hours as the resident needs to comply in the aggregate with such requirement over the 12- month term of the lease. " (4) INELIGIBILITY FOR OCCUPANCY FOR NONCOMPLIANCE. — A public housing agency may not renew or extend any lease, or provide any new lease, for a dwelling unit in public housing for any household that includes an adult member who was subject to the requirement under paragraph (1) and failed to comply with the requirement. "(5) INCLUSION IN PLAN.—Each public housing agency shall include in its public housing agency plan a detailed description

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