Sec. 101. INSPECTION OF DWELLING UNITS
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## SEC. 101 INSPECTION OF DWELLING UNITS ###
(a)In General Section 8(o)(8) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)) is amended— ####
(1)by striking subparagraph
(A)and inserting the following new subparagraph: > > ##### “(A) Initial inspection > > > ###### “(i) In General > > For each dwelling unit for which a housing assistance payment contract is established under this subsection, the public housing agency (or other entity pursuant to paragraph (11)) shall inspect the unit before any assistance payment is made to determine whether the dwelling unit meets the housing quality standards under subparagraph (B), except as provided in clause
(ii)or
(iii)of this subparagraph. > > > ###### “(ii) Correction of non-life-threatening conditions > > In the case of any dwelling unit that is determined, pursuant to an inspection under clause (i), not to meet the housing quality standards under subparagraph (B), assistance payments may be made for the unit notwithstanding subparagraph
(C)if failure to meet such standards is a result only of non-life-threatening conditions, as such conditions are established by the Secretary. A public housing agency making assistance payments pursuant to this clause for a dwelling unit shall, 30 days after the beginning of the period for which such payments are made, withhold any assistance payments for the unit if any deficiency resulting in noncompliance with the housing quality standards has not been corrected by such time. The public housing agency shall recommence assistance payments when such deficiency has been corrected, and may use any payments withheld to make assistance payments relating to the period during which payments were withheld. > > > ###### “(iii) Use of alternative inspection method for interim period > > In the case of any property that within the previous 24 months has met the requirements of an inspection that qualifies as an alternative inspection method pursuant to subparagraph (E), a public housing agency may authorize occupancy before the inspection under clause
(i)has been completed, and may make assistance payments retroactive to the beginning of the lease term after the unit has been determined pursuant to an inspection under clause
(i)to meet the housing quality standards under subparagraph (B). This clause may not be construed to exempt any dwelling unit from compliance with the requirements of subparagraph (D).” > ; ####
(2)by redesignating subparagraph
(G)as subparagraph (H); and ####
(3)by inserting after subparagraph
(F)the following new subparagraph: > > ##### “(G) Enforcement of housing quality standards > > > ###### “(i) Determination of noncompliance > > A dwelling unit that is covered by a housing assistance payments contract under this subsection shall be considered, for purposes of subparagraphs
(D)and (F), to be in noncompliance with the housing quality standards under subparagraph
(B)if— > > > ###### “(I) > > the public housing agency or an inspector authorized by the State or unit of local government determines upon inspection of the unit that the unit fails to comply with such standards; > > > ###### “(II) > > the agency or inspector notifies the owner of the unit in writing of such failure to comply; and > > > ###### “(III) > > the failure to comply is not corrected— > > > ###### “(aa) > > in the case of any such failure that is a result of life-threatening conditions, within 24 hours after such notice has been provided; and > > > ###### “(bb) > > in the case of any such failure that is a result of non-life-threatening conditions, within 30 days after such notice has been provided or such other reasonable longer period as the public housing agency may establish. > > > ###### “(ii) Withholding of assistance amounts during correction > > The public housing agency may withhold assistance amounts under this subsection with respect to a dwelling unit for which a notice pursuant to clause (i)(II), of failure to comply with housing quality standards under subparagraph
(B)as determined pursuant to an inspection conducted under subparagraph
(D)or (F), has been provided. If the unit is brought into compliance with such housing quality standards during the periods referred to in clause (i)(III), the public housing agency shall recommence assistance payments and may use any amounts withheld during the correction period to make assistance payments relating to the period during which payments were withheld. > > > ###### “(iii) Abatement of assistance amounts > > The public housing agency shall abate all of the assistance amounts under this subsection with respect to a dwelling unit that is determined, pursuant to clause
(i)of this subparagraph, to be in noncompliance with housing quality standards under subparagraph (B). Upon completion of repairs by the public housing agency or the owner sufficient so that the dwelling unit complies with such housing quality standards, the agency shall recommence payments under the housing assistance payments contract to the owner of the dwelling unit. > > > ###### “(iv) Notification > > If a public housing agency providing assistance under this subsection abates rental assistance payments pursuant to clause
(iii)with respect to a dwelling unit, the agency shall, upon commencement of such abatement— > > > ###### “(I) > > notify the tenant and the owner of the dwelling unit that— > > > ###### “(aa) > > such abatement has commenced; and > > > ###### “(bb) > > if the dwelling unit is not brought into compliance with housing quality standards within 60 days after the effective date of the determination of noncompliance under clause
(i)or such reasonable longer period as the agency may establish, the tenant will have to move; and > > > ###### “(II) > > issue the tenant the necessary forms to allow the tenant to move to another dwelling unit and transfer the rental assistance to that unit. > > > ###### “(v) Protection of tenants > > An owner of a dwelling unit may not terminate the tenancy of any tenant because of the withholding or abatement of assistance pursuant to this subparagraph. During the period that assistance is abated pursuant to this subparagraph, the tenant may terminate the tenancy by notifying the owner. > > > ###### “(vi) Termination of lease or assistance payments contract > > If assistance amounts under this section for a dwelling unit are abated pursuant to clause
(iii)and the owner does not correct the noncompliance within 60 days after the effective date of the determination of noncompliance under clause (i), or such other reasonable longer period as the public housing agency may establish, the agency shall terminate the housing assistance payments contract for the dwelling unit. > > > ###### “(vii) Relocation > > > ###### “(I) Lease of new unit > > The agency shall provide the family residing in such a dwelling unit a period of 90 days or such longer period as the public housing agency determines is reasonably necessary to lease a new unit, beginning upon termination of the contract, to lease a new residence with tenant-based rental assistance under this section. > > > ###### “(II) Availability of public housing units > > If the family is unable to lease such a new residence during such period, the public housing agency shall, at the option of the family, provide such family a preference for occupancy in a dwelling unit of public housing that is owned or operated by the agency that first becomes available for occupancy after the expiration of such period. > > > ###### “(III) Assistance in finding unit > > The public housing agency may provide assistance to the family in finding a new residence, including use of up to two months of any assistance amounts withheld or abated pursuant to clause
(ii)or (iii), respectively, for costs directly associated with relocation of the family to a new residence, which shall include security deposits as necessary and may include reimbursements for reasonable moving expenses incurred by the household, as established by the Secretary. The agency may require that a family receiving assistance for a security deposit shall remit, to the extent of such assistance, the amount of any security deposit refunds made by the owner of the dwelling unit for which the lease was terminated. > > > ###### “(viii) Tenant-caused damages > > If a public housing agency determines that any damage to a dwelling unit that results in a failure of the dwelling unit to comply with housing quality standards under subparagraph (B), other than any damage resulting from ordinary use, was caused by the tenant, any member of the tenant’s household, or any guest or other person under the tenant’s control, the agency may waive the applicability of this subparagraph, except that this clause shall not exonerate a tenant from any liability otherwise existing under applicable law for damages to the premises caused by such tenant. > > > ###### “(ix) Applicability > > This subparagraph shall apply to any dwelling unit for which a housing assistance payments contract is entered into or renewed after the date of the effectiveness of the regulations implementing this subparagraph.” > . ###
(b)Effective Date **[**[42 U.S.C. 1437f note](/us/usc/t42/s1437f)**]** The Secretary of Housing and Urban Development shall issue notice or regulations to implement subsection
(a)of this section and such subsection shall take effect upon such issuance.
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Sec. 101
INSPECTION OF DWELLING UNITS
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