Page:United States Statutes at Large Volume 112 Part 3.djvu/716

 112 STAT. 2546 PUBLIC LAW 105-276—OCT. 21, 1998 that such variations are necessary because of unusually high or low family incomes. "(2) JURISDICTIONS SERVED BY MULTIPLE PHA'S. —In the case of any 2 or more public housing agencies that administer tenant-based assistance under section 8 with respect solely to identical geographical areas, such agencies shall be treated as a single public housing agency for purposes of paragraph (1). " (c) INCOME ELIGIBILITY FOR PROJECT-BASED SECTION 8 ASSIST- ANCE.— " (1) PRE-1981 ACT PROJECTS. —Not more than 25 percent of the dwelling units that were available for occupancy under section 8 housing assistance payments contracts under this Act before the effective date of the Housing and Community Development Amendments of 1981, and which will be leased on or after such effective date shall be available for leasing by low-income families other than very low-income families. "(2) PoST-1981 ACT PROJECTS.—Not more than 15 percent of the dwelling units which become available for occupancy under section 8 housing assistance payments contracts under this Act on or after the effective date of the Housing and Community Development Amendments of 1981 shall be available for leasing by low-income families other than very lowincome families. "(3) TARGETING. —For each project assisted under a contract for project-based assistance, of the dwelling units that become available for occupancy in any fiscal year that are assisted under the contract, not less than 40 percent "(4) PROHIBITION OF SKIPPING. — In developing admission procedures implementing paragraphs (1), (2), and (3), the Secretary shall prohibit project owners from selecting families for residence in an order different from the order on the waiting list for the purpose of selecting relatively higher income families for residence. Nothing in this paragraph or this subsection may be construed to prevent an owner of housing assisted under a contract for project-based assistance from establishing a preference for occupancy in such housing for families containing a member who is employed. "(5) EXCEPTION. — The limitations established in paragraphs (1), (2), and (3) shall not apply to dwelling units made available under project-based contracts under section 8 for the purpose of preventing displacement, or ameliorating the effects of displacement. "(6) DEFINITION,—For purposes of this subsection, the term 'project-based assistance' means assistance under any of the following programs: "(A) The new construction or substantial rehabilitation program under section 8(b)(2) (as in effect before October 1, 1983). "(B) The property disposition program under section 8(b) (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998). "(C) The loan management set-aside program under subsections (b) and (v) of section 8. "(D) The project-based certificate program under section 8(d)(2).

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