Sec. 103. Limitation on public housing tenancy for over-income families
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Subsection
(a)of section 16 of the United States Housing Act of 1937 ( 42 U.S.C. 1437n(a) ) is amended by adding at the end the following new paragraph: Except as provided in subparagraph (C), in the case of any family residing in a dwelling unit of public housing whose income for the most recent two consecutive years has exceeded 120 percent of the median income for the area, as determined pursuant to an income review conducted pursuant to section 3(a)(6), the public housing agency shall— notwithstanding any other provision of this Act, charge such family as monthly rent for the unit occupied by such family an amount equal to the sum of— the applicable fair market rental established under section 8(c) for a dwelling unit in the same market area of the same size; and the amount of the monthly subsidy provided under this Act for the dwelling unit, which shall include any amounts from the Operating Fund and Capital Fund under section 9 used for the unit, as determined by the agency in accordance with regulations that the Secretary shall issue to carry out this subclause; or terminate the tenancy of such family in public housing not later than 6 months after the income determination described in subparagraph (A). In the case of any family residing in a dwelling unit of public housing whose income for a year has exceeded 120 percent of the median income for the area, upon the conclusion of such year the public housing agency shall provide written notice to such family of the requirements under subparagraph (A). Subparagraph
(A)shall not apply to a family occupying a dwelling unit in public housing pursuant to paragraph
(5)of section 3(a) ( 42 U.S.C. 1437a(a)(5) ). .
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