Sec. 3. Priority for public housing occupancy and section 8 assistance
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Subparagraph
(A)of section 6(c)(4) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(c)(4)(A) ) is amended— by striking this subparagraph and inserting this clause ; and by striking the subparagraph designation and all that follows through making dwelling units available and inserting the following: making dwelling units in public housing available for occupancy, which shall provide that— except for projects or portions of projects designated for occupancy pursuant to section 7(a), preference shall be given to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses
(i)and
(ii)of paragraph
(1)of the definition of at risk of homelessness in section 91.5 of the Secretary’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 37(c); and the public housing agency may establish a system for making dwelling units that are not occupied pursuant to the preference under clause
(i)available . Subparagraph
(A)of section 8(o)(6) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(6)(A) ) is amended— by redesignating clauses
(i)and
(ii)as clauses
(ii)and (iii), respectively; by inserting before clause (ii), as so redesignated by paragraph
(1)of this subsection, the following new clause: In making tenant-based assistance under this subsection available on behalf of eligible families, each public housing agency shall give preference to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses
(i)and
(ii)of paragraph
(1)of the definition of at risk of homelessness in section 91.5 of the Secretary’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 37(c). ; in clause (ii), as so redesignated by paragraph
(1)of this subsection, by inserting that is not made available in accordance with the preference under clause
(i)after under this subsection ; and in clause (iii), as so redesignated by paragraph
(1)of this subsection, by striking this subparagraph and inserting clause
(ii). Subparagraph
(J)of section 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13)(J) ) is amended— in the first sentence, by inserting before the period at the end the following: , except that the agency shall give preference to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses
(i)and
(ii)of paragraph
(1)of the definition of ; and at risk of homelessness in section 91.5 of the Secretary’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 37(c) in the third sentence, by striking The agency and inserting the following: For units that are made available after preference is provided pursuant to the first sentence of this subparagraph, the agency . Subparagraph
(A)of section 8(d)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(d)(1)(A) ) is amended— by striking except that with respect and inserting the following: except that— in the case of assisted dwelling units in a project assisted with project-based assistance under this section, the tenant selection criteria used by the owner shall give preference to otherwise eligible children who are in foster care, have attained an age such that the provision of foster care for such child will end by reason of the age of the child within 6 months, meet the requirements under clauses
(i)and
(ii)of paragraph
(1)of the definition of at risk of homelessness in section 91.5 of the Secretary’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016, and have agreed to comply with the requirements under section 37(c); and with respect ; and by inserting after preference is provided pursuant to clause
(i)after to be assisted . Title I of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ) is amended by adding at the end the following new section: For purposes of this section, the term preference for housing assistance means preference, for an otherwise eligible child in foster care, for— occupancy in a public housing dwelling unit, pursuant to section 6(c)(4)(A)(i); tenant-based assistance under section 8(o), pursuant to paragraph (6)(A)(i) of such section; project-based assistance under section 8(o)(13), pursuant to subparagraph
(J)of such section; and occupancy in a dwelling unit in a project assisted with project-based assistance under section 8, pursuant to subsection (d)(1)(A)(i) of such section. Notwithstanding the period during which a preference for housing assistance is provided for a person, an otherwise eligible person may apply for such occupancy or assistance at any time after such person attains 16 years of age. Except as provided in paragraph (2), each person occupying a dwelling unit pursuant to a preference for housing assistance shall be, not later than 12 months after such initial occupancy and for at least 9 months of each successive 12-month period thereafter— employed on average at least 35 hours of service per week; engaged in vocational, technical, or workforce development training or in an apprenticeship, on a full-time basis, as classified by a vocational, technical, workforce development training institution or entity; enrolled in a secondary school, an institution of higher education, or other institution providing post-secondary education, on a full-time basis, as classified by an educational institution; or engaged in a combination of activities described in subparagraphs
(A)through
(C)to such an extent that, in the aggregate, such engagement is on such a full-time basis. The Secretary shall require the public housing agency or project owner, as applicable, to verify compliance with the requirement under this paragraph by each person occupying a dwelling unit assisted or administered by such agency or owner, as applicable, pursuant to a preference for housing assistance annually in conjunction with reviews of income for purposes of determining eligibility for assistance described in subsection (a). The requirement under paragraph
(1)shall not apply to— a person physically or mentally unfit for employment, as determined in accordance with such standards as the Secretary shall establish; a parent or other household member responsible for the care of a dependent child under 6 or an incapacitated person; and a person who is regularly and actively participating in a drug addiction or alcoholic treatment and rehabilitation program. A dwelling unit that is occupied by a person, or assisted with assistance made available on behalf of a person, pursuant to a preference for housing assistance may contain more than one bedroom only if such additional bedrooms are occupied only by other persons who occupy such dwelling unit, or receive assistance made available, pursuant to a preference for housing assistance. The public housing agency or project owner, as applicable, shall terminate any occupancy of, or assistance on behalf of, a person pursuant to any preference for housing assistance upon the person attaining 25 years of age or upon substantial noncompliance with the requirement under subsection (c), except that nothing in this clause may be construed to prohibit or affect the eligibility of any person for occupancy of housing assisted under this title or rental assistance under section 8, that is provided other than pursuant to a preference under this subparagraph. .
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Sec. 3
Priority for public housing occupancy and section 8 assistance
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