Sec. 240.
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Section 3(a) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(a) ) is amended by adding at the end the following new paragraph: Reviews of family income for purposes of this section shall be made— in the case of all families, upon the initial provision of housing assistance for the family; and no less than annually thereafter, except as provided in subparagraph (B)(i); In the case of any family described in clause (ii), after the initial review of the family's income pursuant to subparagraph (A)(i), the public housing agency or owner shall not be required to conduct a review of the family's income pursuant to subparagraph (A)(ii) for any year for which such family certifies, in accordance with such requirements as the Secretary shall establish, that the income of the family meets the requirements of clause
(ii)of this subparagraph and that the sources of such income have not changed since the previous year, except that the public housing agency or owner shall conduct a review of each such family's income not less than once every 3 years. A family described in this clause is a family who has an income, as of the most recent review pursuant to subparagraph
(A)or clause
(i)of this subparagraph, of which 90 percent or more consists of fixed income, as such term is defined in clause (iii). For purposes of this subparagraph, the term fixed income includes income from— the supplemental security income program under title XVI of the Social Security Act, including supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act and payments pursuant to an agreement entered into under section 212(b) of Public Law 93–66 ; Social Security payments; Federal, State, local and private pension plans; and other periodic payments received from annuities, insurance policies, retirement funds, disability or death benefits, and other similar types of periodic receipts that are of substantially the same amounts from year to year. In any year in which a public housing agency or owner does not conduct a review of income for any family described in clause
(ii)of subparagraph
(B)pursuant to the authority under clause
(i)of such paragraph to waive such a review, such family's prior year's income determination shall, subject to clauses
(ii)and (iii), be adjusted by applying an inflationary factor as the Secretary shall, by regulation or notice, establish. A public housing agency or owner may exempt from an adjustment pursuant to clause
(i)any income source for which income does not increase from year to year. .
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- Pub. L. 93-66
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