Page:United States Statutes at Large Volume 123.djvu/995

 123STA T .975PUBLIC LA W 111 –8—M A R .11, 2 0 09 (1)isenrol le da sas tu dent at an institution o fh i g her edu c ation (as defined under section 1 02 of the H igher E ducation A ctof1 965 (20 U.S. C . 1002)) (2) is under 2 4y ears of age; ( 3 )isnota v eteran; (4) is un m arried; (5) does not have a de p endent child; (6) is not a person w ith disa b ilities , as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 193 7 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such section 8 as of N ovember 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) F or 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 se q .), 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. S EC . 217. Notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715 z– 20(g)), the Secretary of Housing and Urban D evelopment may, until September 30, 2009, insure and enter into commitments to insure mortgages under section 255 of the National Housing Act (12 U.S.C. 1715z–20). SEC. 218. Notwithstanding any other provision of law, in fiscal year 2009, 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 M ultifamily Assisted Housing R eform 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 ta k e appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure, subject to the exercise of contractual abatement rem- edies to assist relocation of tenants for imminent major threats to health and safety. After disposition of any multifamily property described under this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA. Det e rmina ti o n .C ontra c t s .