Sec. 9. Program requirements
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The following requirements shall apply to any grant made under this Act: An approved transformation plan under section 8 shall demonstrate that each former tenant who wishes to return to the on-site or off-site replacement housing may return if the tenant was lease-compliant at the time of departure from the housing subject to rehabilitation or demolition, and would be eligible, as of the time of such return, for occupancy under the eligibility, screening, and occupancy standards, policies, or practices applicable to the housing from which the resident was displaced, as in effect at such time of displacement.
A returning tenant shall be provided a preference for occupancy of on-site or off-site replacement units before such units are made available to any other eligible households, or the tenant may choose to retain tenant-based voucher assistance provided under section 8(o) of the United States Housing Act of 1937, for relocation from the properties revitalized under this Act. All relocation activities resulting from, or that will result from, demolition, disposition, or both demolition and disposition, to be carried out under a transformation plan relating to a grant under this Act shall be subject to the following requirements:
The Uniform Relocation and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 61 ) shall apply to all relocation activities pursuant to a transformation plan under this Act, except as otherwise provided in this Act. The applicant shall submit to the Secretary, before acquisition or demolition, a relocation plan providing for the relocation of residents occupying the public or assisted housing for which the demolition or disposition is proposed. Within a reasonable time after notice to the applicant of the approval of an application for a grant under this section, the applicant shall provide notice in writing, in plain and non-technical language, to the residents of the public and assisted housing subject to the approved transformation plan that— states that the application and transformation plan has been approved; describes the process involved to relocate the residents, including a statement that the residents may not be relocated until the conditions in this section have been met; provides information regarding relocation options; and advises residents of the availability of relocation counseling.
Except in the cases of a substantial and imminent threat to health or safety, not later than 90 days before the date on which residents will be relocated, the grantee shall provide notice in writing, in plain and nontechnical language, to each family residing in a public or assisted housing project that is subject to an approved transformation plan, and in accordance with such guidelines as the Secretary may issue governing such notification, of the demolition, their rights, and relocation options.
Each transformation plan that provides for dwelling units to be demolished or disposed shall provide as follows: For one hundred percent of all such dwelling units in existence, as of the date of the application for the grant, that are to be demolished or disposed, the transformation plan shall provide for replacement of the dwelling unit. Replacement housing for demolished properties shall reflect the number of bedrooms that are needed to adequately serve returning tenants, households currently on the waiting list and that are needed based on other market data, except that in instances where the tenants of the original properties need a different number of bedrooms than households on the waiting list, the plan may enable displaced tenants to exercise their opportunity under paragraph (1), using a tenant-based voucher in the original neighborhood or other neighborhood of the tenants’ choice.
Replacement housing units shall be developed— in the neighborhood being revitalized; and within the metropolitan area, up to 25 miles from the original project site, as necessary to— comply with fair housing requirements; deconcentrate poverty; redevelop on site with appropriate densities; or meet other factors, as determined by the Secretary in order to further the purposes of this Act. Replacement housing outside the immediate neighborhood shall offer access to economic opportunities and public transportation and shall be accessible to social, recreational, educational, commercial, health facilities and services, and other municipal services and facilities that are comparable, under such standards as the Secretary may prescribe.
Off-site replacement housing, outside the immediate neighborhood, shall not be located in areas of minority concentration, defined in relation to the metropolitan area or rural county in which the Choice Neighborhoods project is located, or in areas of extreme poverty. Replacement housing is public housing or other assisted housing units, as defined in section 10, excluding tenant-based vouchers, unless permitted in this section. The Secretary may require the use of project-based voucher assistance under section 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13) ) to meet the replacement requirement.
Where project-based voucher units are developed as replacement housing, subparagraph
(D)of section 8(o)(13), relating to percentage limitation and income-mixing requirement for project-based voucher assistance, shall not apply. The Secretary may waive or modify other provisions of section 8(o)(13) to promote the purposes of this program. A grantee may replace up to 20 percent of the public housing or other assisted housing dwelling units that are demolished or disposed of under the transformation plan with tenant-based vouchers in housing markets where there is an adequate supply of affordable rental housing in areas of low poverty. Such supply shall be demonstrated by data that shows within the housing market or area served by the Choice Neighborhoods project that— a minimum of 80 percent of vouchers issued over the preceding 24 months to comparable families were successfully leased within 120 days of issuance or, if a sufficient number of comparable families have not received vouchers, the Secretary shall design an alternative measure; existing voucher holders are widely dispersed geographically, as determined by the Secretary, among the available private rental housing stock, including in areas of low poverty; and the grantee provides a market analysis demonstrating that there is a relatively high vacancy rate, as determined by the Secretary, within the market area with rent and utility costs not exceeding the applicable payment standard under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ). The demolition or disposition, relocation, replacement, and re-occupancy of housing units under this Act shall be carried out in a manner that affirmatively furthers fair housing, as required by section 808 of the Civil Rights Act of 1968 ( 42 U.S.C. 3608(e) ). Grantees shall adopt affirmative marketing procedures, and require affirmative marketing activities of project owners and managers which special outreach efforts shall be targeted to those who are least likely to apply for the housing, to ensure that all persons, regardless of their race, color, national origin, religion, sex, disability or familial status are aware of the housing opportunities in each project funded under this Act. All new construction and substantial alterations of existing buildings receiving assistance under this Act shall comply with the requirements of the Rehabilitation Act of 1973, the Uniform Federal Accessibility Standards, the Fair Housing Act, and any other requirements, as determined by the Secretary. The owner of a property assisted with funding under this Act shall agree to a period of affordability for the property which shall be not less than the period of affordability to which the property is already subject and remains subject, or 30 years, whichever is greater. Subject to the provisions of this Act, the Secretary shall establish cost limits on eligible activities under this Act sufficient to provide for effective transformation programs. For purposes of environmental review, assistance and projects under this Act shall be treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994, and shall be subject to the regulations issued by the Secretary to implement such section. The Secretary shall require grantees under this Act to report the sources and uses of all amounts expended and other information for transformation plans for the annual report of the Secretary to Congress or other purposes, as determined by the Secretary.
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