Sec. 405. Choice in Affordable Housing Act

590 words·~3 min read·/bill/119/hr/6337/ih/section-405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 8(o)(8) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(8) ), as amended by section 101(a) of the Housing Opportunity Through Modernization Act of 2016 ( Public Law 114–201 ; 130 Stat. 783), is amended by adding at the end the following: A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if— the dwelling unit is in a building, the acquisition, rehabilitation, or construction of which was financed by a person who received a low-income housing tax credit under section 42 of the Internal Revenue Code of 1986 in exchange for that financing; the dwelling unit was physically inspected and passed inspection as part of the low-income housing tax credit program described in subclause

(I)during the preceding 12-month period; and the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). A dwelling shall be deemed to meet the inspection requirements under this paragraph if— the dwelling unit is assisted under the HOME Investment Partnerships Program under title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12721 et seq. ); the dwelling unit was physically inspected and passed inspection as part of the program described in subclause

(I)during the preceding 12-month period; and the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if— the dwelling unit is assisted by the Rural Housing Service of the Department of Agriculture; the dwelling unit was physically inspected and passed inspection in connection with the assistance described in subclause

(I)during the preceding 12-month period; and the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). When complying with inspection requirements for a housing unit located in a rural or small area using assistance under this subtitle, the Secretary may allow a grantee to conduct a remote or video inspection of a unit. Nothing in clause (i), (ii), (iii), or

(iv)shall be construed to affect the operation of a housing program described in, or authorized under a provision of law described in, that clause. . Section 8(o)(8)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(8)(A) ) is amended by adding at the end the following: In this clause, the term new landlord means an owner of a dwelling unit who has not previously entered into a housing assistance payment contract with a public housing agency under this subsection for any dwelling unit. Upon the request of a new landlord, a public housing agency may inspect the dwelling unit owned by the new landlord to determine whether the unit meets the housing quality standards under subparagraph

(B)before the unit is selected by a tenant assisted under this subsection. An inspection conducted under subclause

(II)that determines that the dwelling unit meets the housing quality standards under subparagraph

(B)shall satisfy this subparagraph and subparagraph

(C)if the new landlord enters into a lease agreement with a tenant assisted under this subsection not later than 60 days after the date of the inspection. When a public housing agency selects a family to participate in the tenant-based assistance program under this subsection, the public housing agency shall include in the information provided to the family a list of dwelling units that have been inspected under subclause

(II)and determined to meet the housing quality standards under subparagraph (B). .

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