Sec. 239.
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Notwithstanding chapter 63 of title 31 of the United States Code, section 513 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f note) is amended by adding the following to section 513 after subsection (b): Subject to the authority granted to the Secretary pursuant to section 1437f(b)(1) of title 42 of the United States Code, the Secretary shall undertake a competition and award annual contribution contracts as set forth in section 8(b)(1) of the United States Housing Act of 1937 (the Act) (42 USC 1437f(b)(1)) to public housing agencies qualified to act as participating administrative entities under this section: , That the Secretary shall— Provided conduct such a competition and award contracts on or by September 30, 2026; thereafter conduct a competition and award contracts consistent with the provisions hereunder not less frequently than every seven
(7)years after the date of the last award of an annual contribution contract is made by the Secretary to a participating administrative entity under the prior competition in compliance with this subsection; award such contracts with the Department to participating administrative entities that are also public housing agencies; award one contract for each State or territory, except that the Secretary may award more than one contract for a State or territory if the population of such State or territory exceeds 35,000,000; specifically include within the definition of participating administrative entities all public housing agencies that— are housing finance agencies, housing authorities, and their non-profit instrumentalities organized under the laws of the respective states and territories; otherwise comply with the requirements of 42 U.S.C. §1437a(b)(6); and are recognized as public housing agencies by the Department’s Office of Public and Indian Housing and are otherwise required to comply with 24 CFR Part 903 as of the date that the Secretary publishes the invitation to submit in connection with any competition; otherwise undertake a competition that awards contracts under this subsection based upon the criteria set forth in subsection 513(b(1)); provide a preference in scoring to participating administrative entity applicants under this subsection that have demonstrated experience with— properties receiving project-based rental assistance; multi-family housing preservation; addressing the concerns of low-income tenants; making assistance payments to owners; and performing other functions assigned to a public housing agency under section 8(b) of the Act; provide for incentive-based fees as part of such awards; and specifically disclose the evaluation score value for each of the preferences set forth in paragraph
(7)in this subsection: , That should no public housing agency submit a proposal under this subsection hereunder for a state or territory, the Secretary shall undertake a competition among non-profit or for profit corporations and business entities that seek to act as a performance based contract administrator under a contract for any one of those states and territories. Provided further .
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- 24 CFR 903
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