Page:United States Statutes at Large Volume 112 Part 3.djvu/767

 PUBLIC LAW 105-276—OCT. 21, 1998 112 STAT. 2597 The Secretary shall use amounts in the adjustment pool to make adjusted payments to public housing agencies under subparagraph (A), to ensure continued affordability, if the Secretary determines that additional assistance for such purpose is necessary, based on documentation submitted by a public housing agency. "(D) APPROVAL.— The Secretary may require a public housing agency to submit the payment standard of the public housing agency to the Secretary for approval, if the payment standard is less than 90 percent of the fair market rental or exceeds 110 percent of the fair market rental. " (E) REVIEW. —The Secretary— "(i) shall monitor rent burdens and review any payment standard that results in a significant percentage of the families occupying units of any size paying more than 30 percent of adjusted income for rent; and "(ii) may require a public housing agency to modify the payment standard of the public housing agency based on the results of that review. "(2) AMOUNT OF MONTHLY ASSISTANCE PAYMENT.— Subject to the requirement under section 3(a)(3) (relating to minimum rental amount), the monthly assistance payment for a family receiving assistance under this subsection shall be determined as follows: " (A) TENANT-BASED ASSISTANCE; RENT NOT EXCEEDING PAYMENT STANDARD.— For a family receiving tenant-based assistance, if the rent for the family (including the amount allowed for tenant-paid utilities) does not exceed the applicable payment standard established under paragraph (1), the monthly assistance payment for the family shall be equal to the amount by which the rent (including the amount allowed for tenant-paid utilities) exceeds the greatest of the following amounts, rounded to the nearest dollar: "(i) 30 percent of the monthly adjusted income of the family. "(ii) 10 percent of the monthly income of the family, "(iii) If the family is receiving payments for welfare assistance from a public agency and a part of those payments, adjusted in accordance with the actual housing costs of the family, is specifically designated by that agency to meet the housing costs of the family, the portion of those payments that is so designated. " (B) TENANT-BASED ASSISTANCE; RENT EXCEEDING PAY- MENT STANDARD. —For a family receiving tenant-based assistance, if the rent for the family (including the amount allowed for tenant-paid utilities) exceeds the applicable payment standard established under paragraph (1), the monthly assistance payment for the family shall be equal to the amount by which the applicable payment standard exceeds the greatest of amounts under clauses (i), (ii), and (iii) of subparagraph (A). " (C) FAMILIES RECEIVING PROJECT-BASED ASSISTANCE. — For a family receiving project-based assistance, the rent that the family is required to pay shall be determined in accordance with section 3(a)(1), and the amount of the

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