SPECIAL PROJECTS FOR THE ELDERLY OR

HANDICAPPED

EXCERPT FROM HOUSING AND COMMUNITY DEVELOPMENT ACT OF

1974

(Public Law 93-383; 88 Stat. 669; 42 U.S.C. 1438]

LOW-INCOME HOUSING FOR THE ELDERLY OR HANDICAPPED

SEC. 209. The Secretary shall consult the Secretary of Health and Human Services to insure that special projects for elderly or disabled families authorized pursuant to United States Housing Act of 1937 shall meet acceptable standards of design and shall provide quality services and management consistent with the needs of the occupants. Such projects shall be specifically designed and equipped with such "related facilities" (as defined in section 202(d)(8) of the Housing Act of 1959) as may be necessary to accommodate the special environmental needs of the intended occupants and shall be in support of and supported by the applicable State plans for comprehensive services pursuant to section 134 of the Mental Retardation Facilities and Community Mental Health Center Construction Act of 1963 or State and area plans pursuant to title III of the Older Americans Act of 1965. [42 U.S.C. 1438]

ACCESS TO PUBLIC HOUSING AGENCIES' BOOKS

EXCERPT FROM HOUSING ACT OF 1954

[Public Law 560, 83d Congress; 68 Stat. 647; 42 U.S.C. 1435]

AUDITS UNDER PUBLIC HOUSING ACT OF 1937; COMPTROLLER GENERAL SEC. 816. Every contract for loans or annual contributions under the United States Housing Act of 1937, as amended, shall provide that the Secretary of Housing and Urban Development and the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination, have access to any books, documents, papers, and records of the public housing agency entering into such contract that are pertinent to its operations with respect to financial assistance under the United States Housing Act of 1937, as amended. [42 U.S.C. 1435]

MISCELLANEOUS PROVISIONS

EXCERPTS FROM TITLE III OF OMNIBUS BUDGET RECONCILIATION ACT OF 1981 (HOUSING AND COMMUNITY DEVELOPMENT AMENDMENTS OF 1981)

[Public Law 97-35; 95 Stat. 406; 42 U.S.C. 1437 note, 1437j; 12 U.S.C. 2294a]

MISCELLANEOUS HOUSING ASSISTANCE PROVISIONS

SEC. 326. ***

*

*

[WITHDRAWAL FROM SECTION 8 PROGRAM]

(b)(1) Within one year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall conduct a survey to determine the number of projects which are assisted under section 8 of the United States Housing Act of 1937 and are owned by developers or sponsors with five-year annual contributions contracts who plan to withdraw from the section 8 program when their contracts expire and who will increase rents in those projects to levels that the current residents of those projects will not be able to afford. Where such survey indicates that an owner intends to withdraw from the program, the Secretary shall notify affected residents of possible rent increases.

[CONFLICTS OF INTEREST]

(c) The Secretary of Housing and Urban Development, after consultation with the Attorney General, shall develop regulations to prevent possible conflicts of interest on the part of Federal, State, and local government officials with regard to participation in projects assisted under section 8 of the United States Housing Act of 1937, and shall make such regulations effective not later than 180 days after the date of enactment of this Act.

(d)1 RENTAL ASSISTANCE FRAUD RECOVERIES.

(1) AUTHORITY TO RETAIN RECOVERED AMOUNTS.-The Secretary of Housing and Urban Development shall permit public housing agencies administering the housing assistance payments program under section 8 of the United States Housing Act of 1937 to retain, out of amounts obtained by the agencies from tenants that are due as a result of fraud and abuse, an

1 Section 129(a) of the Housing and Community Development Act of 1992, Pub. L. 102-550, approved October 28, 1992, amended this subsection to read as shown. Subsection (b) of such section 129 provides as follows:

"(b) EFFECTIVE DATE.-Subsection (a) shall apply with respect to actions by public housing agencies initiated on or after the date of the enactment of this Act.".

amount (determined in accordance with regulations issued by the Secretary) equal to the greater of

(A) 50 percent of the amount actually collected, or

(B) the actual, reasonable, and necessary expenses related to the collection, including costs of investigation, legal fees, and collection agency fees.

(2) USE.-Amounts retained by an agency shall be made available for use in support of the affected program or project, in accordance with regulations issued by the Secretary. Where the Secretary is the principal party initiating or sustaining an action to recover amounts from families or owners, the provisions of this section shall not apply.

(3) RECOVERY.-Amounts may be recovered under this paragraph

(A) by an agency through a lawsuit (including settlement of the lawsuit) brought by the agency or through court-ordered restitution pursuant to a criminal proceeding resulting from an agency's investigation where the agency seeks prosecution of a family or where an agency seeks prosecution of an owner; or

(B) through administrative repayment agreements with a family or owner entered into as a result of an administrative grievance procedure conducted by an impartial decisionmaker in accordance with section 6(k) of the United States Housing Act of 1937. [42 U.S.C. 1437f note]

PAYMENT FOR DEVELOPMENT MANAGERS

SEC. 329A. The Secretary of Housing and Urban Development shall develop and implement a revised fee schedule for development managers of lower income housing projects assisted under the United States Housing Act of 1937 so that the percentage limitation applicable to fees chargeable in connection with smaller projects is increased to a minimum level which is practicable. [42 U.S.C. 1437j-1]

*

PURCHASE OF PHA OBLIGATIONS

SEC. 329E. In addition to any authority provided before October 1, 1981, the Secretary of Housing and Urban Development may, on and after October 1, 1981, enter into contracts for periodic payments to the Federal Financing Bank to offset the costs to the Bank of purchasing obligations (as described in the first sentence of section 16(b) of the Federal Financing Bank Act of 1973) issued by local public housing agencies for purposes of financing public housing projects authorized by section 5(c) of the United States Housing Act of 1937. Notwithstanding any other provision of law, such contracts may be entered into only to the extent approved in appropriation Acts, and the aggregate amount which may be obligated over the duration of such contracts may not exceed $400,000,000. There are hereby authorized to be appropriated any amounts necessary to provide for such payments. The authority to

enter into contracts under this subsection shall be in lieu of any authority (except for authority provided specifically to the Secretary before October 1, 1981) of the Secretary to enter into contracts for such purposes under section 16(b) of the Federal Financing Bank Act of 1973. [12 U.S.C. 2294a]

84-339 O-94-11