Page:United States Statutes at Large Volume 112 Part 3.djvu/715

 PUBLIC LAW 105-276—OCT. 21, 1998 112 STAT. 2545 fiscal year shall be reduced by the credit number for the agency under subparagraph (B), " (B) CREDIT FOR EXCEEDING TENANT-BASED ASSISTANCE TARGETING REQUIREMENT. —Subject to subparagraph (C), the credit number under this subparagraph for a public housing agency for a fiscal year shall be the number by which— "(i) the aggregate number of qualified families who, in such fiscal year, are initially provided tenant-based assistance under section 8 by the agency; exceeds "(ii) the number of qualified families that is required for the agency to comply with the percentage requirement under subsection (b)(1) for such fiscal year. "(C) LIMITATIONS ON CREDIT NUMBER.— The credit number under subparagraph (B) for a public housing agency for a fiscal year may not in any case exceed the lesser of— "(i) the number of dwelling units that is equivalent to 10 percent of the aggregate number of families initially provided tenant-based assistance under section 8 by the agency in such fiscal year; or "(ii) the number of public housing dwelling units of the agency that— "(I) are in projects that are located in census tracts having a poverty rate of 30 percent or more; and "(II) are made available for occupancy during such fiscal year and are actually filled only by families whose incomes at the time of commencement of such occupancy exceed 30 percent of the area median income, as determined by the Secretary with adjustments for smaller and larger families. " (D) FUNGIBILITY FLOOR. —Notwithstanding any authority under subparagraph (A), of the public housing dwelling units of a public housing agency made available for occupancy in any fiscal year by eligible families, not less than 30 percent shall be occupied by families whose incomes at the time of commencement of occupancy do not exceed 30 percent of the area median income, as determined by the Secretary with adjustments for smaller and larger families. "(E) QUALIFIED FAMILY.— For purposes of this paragraph, the term 'qualified family* means a family having an income described in subsection (b)(1). " (b) INCOME ELIGIBILITY FOR TENANT-BASED SECTION 8 ASSIST- ANCE. — "(1) IN GENERAL. —Of the families initially provided tenantbased assistance under section 8 by a public housing agency in any fiscal year, not less than 75 percent shall be families whose incomes do not exceed 30 percent of the area median income, as determined by the Secretary with adjustments for smaller and larger families; except that the Secretary may establish income ceilings higher or lower than 30 percent of the area median income on the basis of the Secretary's findings

�