Page:United States Statutes at Large Volume 123.djvu/3120

 123STA T . 31 0 0 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9SEC.214 . Nofundspr o vi d e d under th is tit l e mayb e used for an audit of the G overnment National M ort g age A sso c iation that ma k es applicable re q uirements under the F ederal C redit R eform Act of 1 9 9 0( 2 U .S.C. 6 61 et seq. ) . SEC. 21 5 . (a) No assistance shall be provided under section 8 of the United States H ousing Act of 19 37 (42 U.S.C. 1437f) to any individual w ho — (1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher E ducation Act of 1965 (20 U.S.C. 1002)) (2) is under 24 years of age; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities , as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such section 8 as of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or j ointly, are not eligible, to receive assist - ance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance (in e x cess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except for a person over the age of 23 with dependent children. SEC. 216. Notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715 z– g)), the Secretary of Housing and Urban D evelopment may, until September 30, 2010, insure and enter into commitments to insure mortgages under section 255(g) of the National Housing Act (12 U.S.C. 1715z–20). SEC. 217. Notwithstanding any other provision of law, in fiscal year 2010, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property. T o the extent the Secretary determines, in consultation with the tenants and the local government, that such a multifamily property owned or held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( ‘ ‘MAHRAA ’ ’) and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. The Secretary shall also take appropriate steps Det e rmina ti o n .C ontra c t s . Aud its.