Sec. 9. One-for-one replacement of public and assisted housing dwelling units

972 words·~4 min read·/bill/119/hr/3952/ih/section-9

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The Secretary may not approve a transformation plan that provides for dwelling units to be demolished or disposed of unless the plan provides as follows: One hundred percent of the public and assisted housing dwelling units and units described in section 2(1)(E) that are demolished or disposed of pursuant to the transformation plan shall be replaced with a newly constructed, rehabilitated, or purchased public or assisted housing unit or with a newly constructed, rehabilitated, or purchased unit (including through project-based assistance) that is subject to requirements regarding eligibility for occupancy, tenant contribution toward rent, and long-term affordability restrictions that are consistent with such requirements for public and assisted housing dwelling units or for State units, as applicable, except that 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. Admission to, administration of, and eviction from replacement housing units that replaced public housing units, but 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 the housing from which the tenants were relocated. 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. At least one-third of all replacement units for public and assisted housing units demolished shall be public or assisted housing units constructed within the immediate area of the original public or assisted housing location, unless the Secretary determines that— construction on the location would result in the violation of a consent decree; or the land on which the public and assisted housing is located is environmentally unsafe or geologically unstable. Any replacement housing units provided in addition to dwelling units provided pursuant to paragraph

(5)shall— be provided in areas within the neighborhood, except that if rebuilding the units within the neighborhood is not feasible, units shall be provided within the jurisdiction of the public housing agency— in a manner that furthers the economic and educational opportunities for residents; and in areas offering access to public transportation; and have access to social, recreational, educational, commercial, and health facilities and services, including municipal services and facilities, that are comparable to services provided to the revitalized neighborhood from which residents were displaced. If rebuilding replacement housing units within the jurisdiction, in a manner that complies with the requirements of clauses

(i)through

(iv)of subparagraph

(A)and subparagraph

(B)of paragraph

(6)is not feasible, units may be provided outside of the jurisdiction of the public housing agency, but within the metropolitan area of such jurisdiction, provided— the grantee requests, and the public housing agency or local government in which such units shall be located, agrees to such transfer of units; and the units shall comply with the requirements of clauses

(i)through

(iv)of subparagraph

(A)and subparagraph

(B)of paragraph (6). Upon the written request of an applicant for a grant under this Act submitted as part of the transformation plan pursuant to section 7, the Secretary may reduce the percentage applicable under subsection (a)(1) to the transformation plan of the applicant to not less than 90 percent, but only if— a judgment, consent decree, or other order of a court limits the ability of the applicant to comply with such requirements; or the applicant 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 revitalized neighborhood— not less than 90 percent of vouchers issued under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) 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 the high vacancy rate within the market area is expected to continue for the next 5 years or longer.

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Sec. 9

One-for-one replacement of public and assisted housing dwelling units

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