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EXCERPT FROM THE HOUSING AND COMMUNITY DEVELOPMENT

AMENDMENTS OF 1978

(Public Law 95-557; 92 Stat. 2088; 12 U.S.C. 17012-11 and 17012-12]

MANAGEMENT AND PRESERVATION OF HUD-OWNED MULTIFAMILY

HOUSING PROJECTS

Sec. 203. (a) It is the policy of the United States that the Secretary of Housing and Urban Development (hereinafter referred to as the “Secretary") shall manage and dispose of multifamily housing projects which are owned by the Secretary in a manner consistent with the National Housing Act and this section. The purpose of the property management and disposition program of the Department of Housing and Urban Development shall be to manage and dispose of projects in a manner which will protect the financial interests of the Federal Government and be less costly to the Federal Government than other reasonable alternatives by which the Secretary can further the goals of

(1) preserving the housing units so that at least those units which are occupied by low- and moderate-income persons or which are vacant, at the time of acquisition, are available to and affordable by such persons;

(2) preserving and revitalizing residential neighborhoods;

(3) maintaining the existing housing stock in a decent, safe, and sanitary condition;

(4) minimizing the involuntary displacement of tenants;
(5) minimizing the need to demolish projects; and

(6) maintaining the project for the purpose of providing

rental or cooperative housing. The Secretary, in determining the manner by which a project shall be managed or disposed of, may balance competing goals relating to individual projects in a manner which will further the achievement of the overall purpose of this section. (b) The Secretary is authorized, in carrying out this section

(1) to dispose of a multifamily housing project owned by the Secretary on a negotiated, competitive bid, or other basis, on such terms as the Secretary deems appropriate considering the low- and moderate-income character of the project, including the number of units in the project occupied by low- and moderate-income persons, and the requirements of subsection (a) of this section, to a purchaser determined by the Secretary to be capable of (A) satisfying the conditions of the disposition; (B) implementing a sound financial and physical management program; (C) responding to the needs of the tenants and working cooperatively with resident organizations; (D) providing adequate organizational, staff and financial resources to the project; and (E) meeting such other requirements as the Secretary may determine; and

(2) to contract for management services for a multifamily housing project, owned by the Secretary, on a negotiated, competitive bid, or other basis at a price determined by the Secretary to be reasonable, with a manager the Secretary has determined is capable of (A) implementing a sound financial and physical management program, (B) responding to the needs of the tenants and working cooperatively with resident organizetions, (C) providing adequate organizational, staff, and other re sources to implement a management program determined by the Secretary, and (D) meeting such other requirements as the

Secretary may determine. (c) Except where the Secretary has determined on a case-by-case basis that it would be clearly inappropriate, given the manner by which an individual project is to be managed or disposed of pursuant to subsection (a) of this section, the Secretary shall seek to

(1) maintain all occupied multifamily housing projects owned by the Secretary in a decent, safe, sanitary condition;

(2) to the greatest extent possible, maintain full occupancy in all multifamily housing projects owned by the Secretary; and

(3) maintain the project for purposes of providing rental or cooperative housing for the longest feasible period. (d)(1) Whenever tenants will be displaced as a result of the dispo sition of, or repairs to, a multifamily housing project owned by the Secretary, the Secretary shall identify tenants who will be displaced, and shall notify all such tenants of their pending displace ment and of any relocation assistance which may be available.

(2) The Secretary shall assure for any such tenant (who continues to meet applicable qualification standards) the right

(A) to return, whenever possible, to a repaired unit;

(B) except for tenants of above-moderate income, to occupy a unit in another multifamily housing project owned by the Secretary;

(C) except for tenants of above-moderate income, to obtain housing assistance under the United States Housing Act of 1937; or

(D) to receive any other available relocation assistance as the Secretary determines to be appropriate. (e) Notwithstanding any other provision of law, whenever the Secretary is requested to accept assignment of a mortgage insured by the Secretary which covers a multifamily housing project, and the Secretary determines that partial payment would be less costly to the Federal Government than other reasonable alternatives for maintaining the low- and moderate-income character of the project, the Secretary may request the mortgagee in lieu of assignment, to accept partial payment of the claim under the mortgage insurance contract and to recast the mortgage, under such terms and conditions as the Secretary may determine. As a condition to a partial claim payment under this section, the mortgagor shall agree to repay to the Secretary the amount of such payment and such obligation shall be secured by a second mortgage on the property on such terms and conditions as the Secretary may determine.

(f) For the purpose of this section, the term "multifamily housing project" means any multifamily rental housing project which is, or prior to acquisition by the Secretary was, assisted or insured under the National Housing Act, or was subject to a loan under section 202 of the Housing Act of 1959 or section 312 of the Housing Act of 1964, or which is acquired by the Secretary pursuant to any other provision of law.

(g) The Secretary shall issue such rules and regulations as may be necessary to carry out the provisions of this section within 90 days after the date of enactment of this Act.

HOUSING ACCESS

SEC. 204. The Secretary shall require any purchaser of a multifamily housing project owned by the Secretary which is sold on or after October 1, 1978, to agree not to refuse unreasonably to lease a vacant dwelling unit in the project which rents for an amount not greater than the fair market rent for a comparable unit in the area as determined by the Secretary under section 8 of the United States Housing Act of 1937 to a holder of a certificate of eligibility under that section solely because of such prospective tenant's status as a certificate holder.

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EXCERPT FROM HOUSING AUTHORIZATION ACT OF 1976

(Public Law 94-375; 90 Stat. 1067; 42 U.S.C. 1382 note)

(HOUSING ASSISTANCE AND SOCIAL SECURITY INCOME)

Sec. 2.

(h) Notwithstanding any other provision of law, the value of any assistance paid with respect to a dwelling unit under the United States Housing Act of 1937, the National Housing Act, section 101 . of the Housing and Urban Development Act of 1965, or title V of the Housing Act of 1949 may not be considered as income or a resource for the purpose of determining the eligibility of, or the amount of the benefits payable to, any person living in such unit for assistance under title XVI of the Social Security Act. This subsection shall become effective on October 1, 1976.

Approved August 3, 1976.

EXCERPT FROM HOUSING AND URBAN-RURAL RECOVERY ACT OF 1983

(Public Law 98-181; 97 Stat. 1188; 42 U.S.C. 602 note]

CONSIDERATION OF UTILITY PAYMENTS MADE BY TENANTS IN ASSISTED

HOUSING

SEC. 221. Notwithstanding any other provision of law, for purposes of determining eligibility, or the amount of benefits payable, under part A of title IV of the Social Security Act, any utility payment made in lieu of any rental payment by a person living in a dwelling unit in a lower income housing project assisted under the United States Housing Act of 1937 or section 236 of the National Housing Act shall be considered to be a shelter payment.

Approved November 30, 1983.

SOLAR ENERGY SYSTEMS IN ASSISTED HOUSING

EXCERPT FROM HOUSING AND COMMUNITY DEVELOPMENT

AMENDMENTS OF 1978

(Public Law 95-557; 12 U.S.C. 17012-13] Sec. 209. (a) It is the purpose of this section to promote and extend the application of viable solar energy systems as a desirable source of energy for residental single-family and multifamily housing units.

(bX1) The Secretary, in carrying out programs and activities under section 312 of the Housing Act of 1964, section 202 of the Housing Act of 1959, and section 8 of the United States Housing Act of 1937, shall permit the installation of solar energy systems which are cost-effective and economically feasible.

(2) For the purpose of this Act, the term "solar energy system" means any addition, alteration, or improvement to an existing or new structure which is designed to utilize wind energy or solar energy either of the active type based on mechanically forced energy transfer or of the passive type based on convective, conductive, or radiant energy transfer or some combination of these types to reduce the energy requirements of that structure from other energy sources, and which is in conformity with such criteria and standards as shall be prescribed by the Secretary in consultation with the Secretary of Energy.

(c) In carrying out subsection (b), the Secretary shall take such steps as may be necessary to encourage the installation of cost-effective and economically feasible solar energy systems in housing assisted under the programs and activities referred to in such subsection taking into account the interests of low-income homeowners and renters, including the implementation of a plan of action to publicize the availability and feasibility of solar energy systems to current or potential recipients of assistance under such programs and activities.

(d) The Secretary shall, in conjunction with the Secretary of Energy, transmit to the Congress, within eighteen months after the date of enactment of this Act, a report setting forth

(1) the number of solar units which were contracted for or installed or which are on order under the provisions of subsection (b)(1) of this section during the first twelve full calendar months after the date of enactment of this Act; and

(2) an analysis of any problems and benefits related to encouraging the use of solar energy systems in the programs and activities referred to in subsection (b).

Approved October 31, 1978.

*6-210 0-84-14

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