Sec. 102. Demolition and disposition of public housing

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Section 18 of the United States Housing Act of 1937 ( 42 U.S.C. 1437p ) is amended— by redesignating subsections

(a)through

(h)as subsections

(b)through (i), respectively; by inserting before subsection

(b)(as so redesignated by paragraph

(1)of this subsection) the following new subsection: Notwithstanding any other provision of law, this section shall apply to— demolition, disposition, or demolition or disposition or both pursuant to conversion under section 22 or 33 of any public housing unit; and the taking of public housing units, directly or indirectly, through the use of eminent domain. ; in subsection

(b)(as so redesignated by paragraph

(1)of this subsection)— in the matter preceding paragraph (1)— by striking subsection

(b)and inserting subsection

(c); and by striking if the public housing agency certifies and inserting only if the Secretary determines that ; in paragraph (2)(A)(ii), by striking low-income housing and inserting housing for low-income, very-low income, and extremely low-income families consistent with the needs identified pursuant to section 5A(d)(1) in the public housing agency plan for the agency and with targeting requirements under section 16(a) for public housing ; by striking paragraph (4); in paragraph (5)(B)(ii), by striking and at the end; in paragraph (6), by striking subsection

(c)and inserting subsection

(d); by redesignating paragraphs

(5)and

(6)as paragraphs

(4)and (5), respectively; and by inserting after paragraph

(5)(as so redesignated) the following new paragraph: that the public housing agency has obtained from each resident information pursuant to subsection (f)(3)(B) and has established a replacement housing preference for each such resident. ; in subsection

(c)(as so redesignated by paragraph

(1)of this subsection)— in the matter preceding paragraph (1), by striking subsection

(a)and inserting subsection

(b); in paragraph (1), by striking or at the end; in paragraph (2)(C), by striking the period at the end and inserting a semicolon; and by adding at the end the following new paragraphs: the application does not provide for the active involvement and participation of, and consultation with, residents, resident advisory boards, and resident councils of the public housing development that is subject to the application during the planning and implementation of the plan for demolition, relocation, and replacement of the units; the proposed relocation, demolition, disposition, demolition or disposition or both pursuant to conversion under section 22 or 33, or the provision of replacement housing will not be carried out in a manner that affirmatively furthers fair housing, as described in section 808(e) of the Civil Rights Act of 1968 ( 42 U.S.C. 3608(e) ), or that the measures proposed by the public housing agency to mitigate potential adverse impacts of the proposed relocation, demolition, disposition, demolition or disposition or both pursuant to conversion under section 22 or 33, or the provision of replacement housing on persons protected by section 804 of the Civil Rights Act of 1968 ( 42 U.S.C. 3604 ), are clearly insufficient or inappropriate; or the proposed plan for relocation, demolition, disposition, demolition or disposition or both subsequent to conversion pursuant to section 22 or 33, or the provision of replacement housing does not— comply with the requirements of subsection

(e)of this section; include such certifications as the Secretary shall require of compliance with the requirements of subsection (f)(3); or include a relocation plan that meets the requirements of subsection (h)(2). ; by striking subsection

(e)(as so redesignated by paragraph

(1)of this subsection) and inserting the following new subsection: Except for demolition pursuant to subsection

(g)or as provided in paragraph

(2)of this subsection, each public housing dwelling unit that undergoes demolition, disposition, or demolition or disposition or both pursuant to conversion under section 22 or 33, or that is the subject of a taking, directly or indirectly, through the use of eminent domain, after the date of the enactment of the Public Housing Tenant Protection and Reinvestment Act of 2017 , shall be replaced with a newly constructed, rehabilitated, acquired, or converted rental unit that complies with all of the requirements of this subsection. Such replacement or converted units shall be subject to the same requirements regarding eligibility for occupancy (including income eligibility), tenant contribution toward rent (including tenant authority to select rental payment determination method), eviction protections and procedures, and affordability restrictions that are applicable to public housing dwelling units. Such requirements shall not terminate unless units are replaced with a comparable number of units that are subject to the same requirements. Subject only to the availability of amounts provided in appropriation Acts, the Secretary shall provide replacement vouchers for rental assistance under section 8 for all dwelling units in projects that are demolished or disposed of pursuant to this section or converted pursuant to section 22 or 33. Subparagraphs

(B)and

(D)of section 8(o)(13) of the United States Housing Act of 1936 (relating to percentage limitation and income mixing requirement of project-based assistance) shall not apply with respect to vouchers used to comply with the requirements of this paragraph. The requirement under paragraph

(1)may be waived by the Secretary with respect to up to 10 percent of the total number of public housing units owned by a public housing agency in any 10-year period, if— a judgment, consent decree, or other order of a court limits the ability of the applicant to comply with such requirements; or the public housing agency demonstrates that there is an excess supply of affordable rental housing in areas of low poverty and provides data showing that, in the area surrounding the project or projects in which such units are located— at least 90 percent of vouchers issued under section 8(o) of the United States Housing Act of 1937 over the last 24 months to comparable families were successfully used to lease a dwelling unit within 120 days of issuance or, if a sufficient number of comparable families have not received vouchers, an alternative measure, as the Secretary shall design, is met; existing voucher holders are widely dispersed geographically in areas of low poverty with access to public transportation, education, and other amenities, as determined by the Secretary, among the available private rental housing stock; and the applicant provides a market analysis demonstrating that— there is a relatively high vacancy rate among units that would meet or exceed housing quality standards, 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) ); and such high vacancy rate within the market area is expected to continue for the next 5 years or longer. In the event of a foreclosure or bankruptcy of an owner of such a property, notwithstanding any other provision of State or Federal law, such property shall remain subject to the requirements of any project-based rental assistance contract in existence at the time of the foreclosure or bankruptcy, the lease between the prior owner and tenants assisted under such contract, and any use agreement in effect immediately before the foreclosure or bankruptcy filing, and a successor in interest in such property shall assume such contract, extensions, leases, and use agreement obligations, provided that the Secretary may modify this requirement if the Secretary determines that the converted units are not physically viable. Admission to, administration of, and eviction from replacement housing units that are not public housing dwelling units shall be subject to the following provisions to the same extent as public housing dwelling units: Section 578 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13663 ; relating to ineligibility of dangerous sex offenders). Section 16(f) of the United States Housing Act of 1937 ( 42 U.S.C. 1437n(f) ; relating to ineligibility of certain drug offenders). Sections 20 and 21 of the United States Housing Act of 1937 ( 42 U.S.C. 1437r , 1437s; relating to resident management). Section 25 of the United States Housing Act of 1937 ( 42 U.S.C. 1437w ; relating to transfer of management at request of residents). Section 6(k) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(k) ; relating to administrative grievance procedure). Section 6(f) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(f) ; relating to housing quality requirements). Part 964 of title 24, Code of Federal Regulations (relating to tenant participation and opportunities). Tenants occupying a replacement housing unit shall have all rights provided to tenants of public housing under this Act. Replacement units shall be of comparable size, unless a market analysis shows a need for other sized units, in which case such need shall be addressed. The number of bedrooms within each replacement unit shall be sufficient to serve families displaced as a result of the demolition or disposition. Subject to subparagraph (B), at least one-third of all replacement units for public housing units demolished shall be public housing units constructed on the original public housing location, unless the Secretary determines that— construction on such location would result in the violation of a consent decree; or the land on which the public housing is located is environmentally unsafe or geologically unstable. A public housing agency shall ensure that, in providing replacement units pursuant to paragraph (1), sufficient units are provided on the original location of any public housing demolished or in the same neighborhood of the public housing dwelling units being replaced to accommodate all tenants residing in the units demolished or disposed of at the time of such demolition or disposition who elect to remain in such location or neighborhood. ; in subsection

(f)(as so redesignated by paragraph

(1)of this subsection)— by striking the subsection designation and all that follow through Nothing and inserting the following: Nothing ; by inserting before the period at the end the following: , except that, a public housing agency submitting an application for demolition or disposition pursuant to this section may not consolidate any units during the period that begins upon submission of such application and ends upon approval of the application by the Secretary, except in cases of an imminent and substantial threat to health or safety ; and by adding at the end the following new paragraphs: For purposes of this subsection, the number of public housing residents residing in a development shall be determined as of the date the initial public housing agency plan or a proposed amendment thereto indicating an intent to apply for a demolition application pursuant to subsection

(b)of this section is or should have been presented to the resident advisory board for consideration, or in the case of a demolition application due to a natural disaster, on the date of the natural disaster. A public housing agency shall, not later than 90 days before submitting an application to the Secretary for demolition, disposition, or demolition or disposition or both pursuant to conversion under section 22 or 33— meet with and inform in writing all residents who occupied a public housing unit on the date determined in accordance with paragraph

(2)of this subsection of— the public housing agency’s intent to submit an application for demolition, disposition, or both; their right to return and relocation housing options; and all planned replacement housing units; and solicit from each resident information regarding the resident’s desire to return to the replacement housing units constructed upon the original public housing location or in the same neighborhood, interest in moving to other neighborhoods or communities, or interest in retaining a voucher for rental assistance. ; by striking subsection

(h)(as so redesignated by paragraph

(1)of this subsection) and inserting the following new subsection: In the case of all relocation activities resulting from, or that will result from, demolition, disposition, or demolition or disposition or both pursuant to conversion under section 22 or 33 of this Act, of public housing dwelling units: The Uniform Relocation and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq.) shall apply. To the extent the provisions of this subsection and such Act conflict, the provisions that provide greater protection to residents displaced by the demolition, disposition, or demolition and disposition, shall apply. The public housing agency shall submit to the Secretary, together with the application for demolition or disposition, a relocation plan providing for the relocation of residents occupying the public housing for which the demolition or disposition application is proposed, which shall include— a statement of the estimated number of vouchers for rental assistance under section 8 that will be needed for such relocation; identification of the location of the replacement dwelling units that will be made available for permanent occupancy; and a statement of whether any temporary, off-site relocation of any residents is necessary and a description of the plans for such relocation. Within a reasonable time after notice to the public housing agency of the approval of an application for demolition or disposition, the public housing agency shall provide notice in writing, in plain and non-technical language, to the residents of the public housing subject to the approved application that— states that the application has been approved; describes the process involved to relocate the residents, including a statement that the residents may not be relocated until the conditions set forth in paragraph

(10)have been met; provides information regarding relocation options; advises residents of the availability of relocation counseling as required in paragraph (8); and provides information on the location of tenant-based vouchers issued by the agency. Except in 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 public housing agency shall provide notice in writing, in plain and non-technical language, to each family residing in a public housing project that is subject to an approved demolition or disposition application, and in accordance with such guidelines as the Secretary may issue governing such notifications, that— the public housing project will be demolished or disposed of; the demolition of the building in which the family resides will not commence until each resident of the building is relocated; and if temporary, off-site relocation is necessary, each family displaced by such action shall be offered comparable housing— that meets housing quality standards; that is located in an area that is generally not less desirable than the location of the displaced family’s housing, which shall include at least one unit located in an area of low poverty and one unit located within the neighborhood of the original public housing site; that is identified and available to the family; and which shall include— tenant-based assistance, except that the requirement under this subparagraph regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of the family into such housing; project-based assistance; occupancy in a unit operated or assisted by the public housing agency at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is relocated; and other comparable housing. Notwithstanding any other provision of law, in the case of a household that is provided tenant-based assistance for relocation of the household under this section, the period during which the household may lease a dwelling unit using such assistance shall not be shorter in duration than the 150-day period that begins at the time a comparable replacement unit is made available to the family. If the household is unable to lease a dwelling unit using such assistance during such period, the public housing agency shall extend the period during which the household may lease a dwelling unit using such assistance, or at the tenant's request, shall provide the tenant with the next available comparable public housing unit or comparable housing unit for which project-based assistance is provided. The public housing agency shall provide for the payment of the actual and reasonable relocation expenses, including security deposits, of each resident to be displaced and any other relocation expenses as are required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. The public housing agency shall ensure that each displaced resident is offered comparable housing in accordance with the notice under paragraph (4). The public housing agency shall provide all advisory programs and services as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and counseling for residents who are displaced that shall fully inform residents to be displaced of all relocation options, which may include relocating to housing in a neighborhood with a lower concentration of poverty than their current residence, a neighborhood where relocation will not increase racial segregation, or remaining in the current neighborhood. Such counseling shall also include providing school options for children and comprehensive housing search assistance for household that receive a voucher for tenant-based assistance. The public housing agency shall not commence demolition or complete disposition of a building subject to the approved application until all residents residing in the building are relocated. The public housing agency shall have obtained data regarding, and analyzed the potential impact of, the proposed demolition or disposition and relocation on persons protected by section 804 of the Civil Rights Act of 1968 ( 42 U.S.C. 3604 ), including the tenants residing in the public housing project, occupants of the surrounding neighborhood, and neighborhoods into which project tenants are likely to be relocated, and persons on the agency's waiting list, has described in the application for demolition or disposition actions that the public housing agency has taken or will take to mitigate those adverse impacts, and has certified in the public housing agency plan for the agency, with supporting information, that the proposed demolition or disposition, relocation, or replacement housing will be carried out in a manner that affirmatively furthers fair housing, as described in section 808(e) of the Civil Rights Act of 1968 ( 42 U.S.C. 3608(e) ). The public housing agency shall not commence relocation prior to approval by the Secretary of the application for demolition or disposition, except in the case of a substantial and imminent threat to health or safety. The public housing agency shall submit to the Secretary an application for vouchers consistent with the obligations in subsection

(e)(relating to replacement units) and the relocation obligations of this subsection at the same time that the agency submits the application for demolition or disposition. ; in subsection

(i)(as so redesignated by paragraph

(1)of this subsection), by striking may and inserting shall ; and by adding at the end the following new subsections: Any person who, on the date determined in accordance with subsection (f)(2), occupies a public housing unit that is the subject of an application for demolition, disposition, or demolition or disposition or both subsequent to conversion pursuant to section 22 or 33, and whose tenancy or right of occupancy has not been validly terminated pursuant to section 6 or 8(o), shall be eligible to occupy a replacement federally assisted housing unit or voucher. A public housing agency or any other manager of replacement housing units shall not, through the application of any additional eligibility, screening, occupancy, or other policy or practice, prevent any person otherwise eligible under paragraph

(1)from occupying a replacement housing unit. Such replacement dwelling unit shall be made available to each household displaced as a result of a demolition, disposition, or demolition or disposition or both pursuant to conversion under section 22 or 33 before any replacement dwelling unit is made available to any other eligible household. Any affected person shall have the right to enforce this section pursuant to section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ). Nothing in this section may be construed to limit the rights and remedies available under State or local law to any affected person. . The amendments made by subsection

(a)shall take effect upon the date of the enactment of this Act and shall apply to any demolition, disposition, or demolition and disposition, or both pursuant to conversion under section 22 or 33 of the United States Housing Act of 1937 ( 42 U.S.C. 1437t , 1437z–5) that is approved by the Secretary after such date of the enactment.

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