Sec. 4. Priority for rural rental assistance
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Paragraph
(2)of section 521(a) of the Housing Act of 1949 ( 42 U.S.C. 1490a(a)(2) ) is amended by adding at the end the following new subparagraph: In making occupancy in a project assisted under this paragraph, and rental assistance under this paragraph, available on behalf of eligible families, the project owner— shall provide that the highest 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 of Housing and Urban Development’s regulations (24 C.F.R. 91.5), as in effect on September 1, 2016; and have agreed to comply with the requirements under clause (iii); and may provide highest preference to, in addition to eligible children described in subclause (I), not more than two other types of eligible families. Notwithstanding the period during which a preference pursuant to clause (i)(I) for occupancy in project assisted under this paragraph or for rental assistance under this paragraph is provided for a person, an otherwise eligible person may apply for such occupancy or assistance at any time after the person attains 16 years of age. Except as provided in subclause (II), each person occupying a dwelling unit pursuant to a preference under clause (i)(I) shall, not later than 30 months after such initial occupancy, be— obtaining a recognized postsecondary credential or a secondary school diploma or its recognized equivalent; enrolled in an institution of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) and including the institutions described in subparagraphs
(A)and
(B)of section 102(a)(1) of such Act ( 20 U.S.C. 1002(a)(1) ); or participating in a career pathway, as such term is defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). Notwithstanding any other provision of this subclause, a project owner may consider employment as satisfying the requirements under this subclause. The requirement under subclause
(I)shall not apply to— a parent or other household member responsible for the care of a dependent child under the age of 6 or for the care of an incapacitated person; a person who is regularly and actively participating in a drug addiction or alcohol treatment and rehabilitation program; and a person who is incapable of complying with the requirement under subclause
(I)due to a documented medical condition. The Secretary shall require a project owner to verify compliance with the requirement under this clause by each person occupying a dwelling unit pursuant to a preference under clause (i)(I) annually in conjunction with reviews of income for purposes of determining eligibility for assistance described in clause (i). A dwelling unit that is occupied by a person pursuant to a preference under clause (i)(I) may contain more than one bedroom only if such additional bedrooms are occupied only by other persons who occupy such dwelling unit pursuant to a preference under clause (i)(I). The project owner shall terminate any occupancy of a person pursuant to the preference under clause (i)(I) upon the person attaining 25 years of age or upon substantial noncompliance with the requirement under clause (iii), except that nothing in this clause may be construed to prohibit the occupancy in a project assisted under this paragraph by, or the provision of rental assistance under this paragraph for, any person, or to affect the eligibility of any person for such occupancy or assistance, other than pursuant to a preference under clause (i)(I). .
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U.S. Code
- Loans to provide occupant owned, rental, and cooperative housing for low and moderate income, elderly or handicapped persons or families§ 1490a
- General definition of institution of higher education§ 1001
- Definition of institution of higher education for purposes of student assistance programs§ 1002
- Definitions§ 3102
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Sec. 4
Priority for rural rental assistance
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