Page:United States Statutes at Large Volume 118.djvu/3349

 118 STAT. 3319 PUBLIC LAW 108–447—DEC. 8, 2004 of equitable title to this property as sufficient for the purposes of the section 202 housing program. SEC. 218. A public housing agency or such other entity that administers Federal housing assistance in the States of Alaska, Iowa, and Mississippi shall not be required to include a resident of public housing or a recipient of assistance provided under section 8 of the United States Housing Act of 1937 on the board of directors or a similar governing board of such agency or entity as required under section (2)(b) of such Act. Each public housing agency or other entity that administers Federal housing assistance under section 8 in the States of Alaska, Iowa and Mississippi shall estab lish an advisory board of not less than 6 residents of public housing or recipients of section 8 assistance to provide advice and comment to the public housing agency or other administering entity on issues related to public housing and section 8. Such advisory board shall meet not less than quarterly. SEC. 219. (a) Section 536(b)(1) of the National Housing Act (12 U.S.C. 1735f–14(b)(1)) is amended by adding the following new subparagraph at the end: ‘‘(J) Failure to perform a required physical inspection of the mortgaged property.’’. (b) Section 537(c)(1)(B)(ii) of such Act (12 U.S.C. 1735f– 15(c)(1)(B)(ii)) is amended by inserting after ‘‘rents,’’ the following: ‘‘other revenues, or contract rights,’’. (c) Section 537(c)(1)(B)(x) of such Act (12 U.S.C. 1735f– 15(c)(1)(B)(x)) is amended to read as follows: ‘‘(x) Failure to furnish the Secretary, by the expira tion of the 90 day period beginning on the first day after the completion of each fiscal year (unless the Secretary has approved an extension of the 90 day period in writing), with a complete annual financial report, in accordance with requirements prescribed by the Secretary, including requirements that the report be— ‘‘(I) based upon an examination of the books and records of the mortgagor; ‘‘(II) prepared and certified to by an inde pendent public accountant or a certified public accountant (unless the Secretary has waived this requirement in writing); and ‘‘(III) certified to by the mortgagor or an authorized representative of the mortgagor. ‘‘The Secretary shall approve an extension where the mortgagor demonstrates that failure to comply with this clause is due to events beyond the control of the mortgagor.’’. SEC. 220. Section 421 of the Housing and Community Develop ment Act of 1987 (12 U.S.C. 1715z–4a) is amended— (1) in subsection (a)(1)(A), by inserting after ‘‘project’’ the following: ‘‘, nursing home, intermediate care facility, board and care home, assisted living facility, or hospital’’; (2) in subsection (a)(1)(B), by inserting after ‘‘is’’ the fol lowing: ‘‘or, at the time of the violations, was’’; (3) in the second sentence of subsection(a)(1), by striking ‘‘project’’ and inserting ‘‘property’’; (4) in subsection (a)(2) by striking ‘‘which’’ and all that follows through ‘‘any owner’’ and inserting the following: ‘‘that Expiration date.

�