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 97 STAT. 1168 PUBLIC LAW 98-181—NOV. 30, 1983 42 USC 5306. (1) by striking out "and" at the end of paragraph (3); and (2) by adding at the end thereof the following new paragraph: "(5) to States and units of general local government for the purpose of allocating amounts to any such State or unit of general local government that is determined by the Secretary to have received insufficient amounts under section 106 as a result of a miscalculation of its share of funds under such section.". GUARANTEE OF LOANS Financing. SEC. 108. (a) Section 108(a) of the Housing and Community Devel- 42 USC 5308. opment Act of 1974 is amended by inserting after the first sentence the following new sentence: "A guarantee under this section may be used to assist a grantee in obtaining financing only if the grantee has made efforts to obtain such financing without the use of such guarantee and cannot complete such financing consistent with the timely execution of the program plans without such guarantee.", (b) Section 108(a) of such Act is amended by striking out the last sentence and inserting in lieu thereof the following: "Notwithstand- ing any other provision of law and subject only to the absence of qualified applicants or proposed activities, to the authority provided in this section, and to any funding limitation approved in appropri- ation Acts, the Secretary shall enter into commitments during fiscal year 1984 to guarantee notes and obligations under this section with an aggregate principal amount of $225,000,000. ". 42 USC 5312. 42 USC 1450. USE OF GRANTS TO SETTLE OUTSTANDING URBAN RENEWAL LOANS SEC. 109. Section 112 of the Housing and Community Development Act of 1974 is amended by adding at the end thereof the following new subsection: "(c) Any unit of general local government may retain any pro- gram income that is realized from a grant made by the Secretary pursuant to subsection (a) or under title I of the Housing Act of 1949 if (1) such income was realized after the initial disbursement of the grant funds by such unit of general local government; and (2) such unit of general local government agrees to utilize the program income for eligible community development activities in accordance with the provisions of this title.". 42 USC 5316. 42 USC 5316 note. TRANSITION PROVISIONS SEC. 110. (a) Section 116(b) of the Housing and Community Devel- opment Act of 1974 is amended by— (1) striking out "(in that fiscal year)"; and (2) striking out "in that year' and inserting in lieu thereof "for that year". Ob) The amendments made by this section shall apply only to funds available for fiscal year 1984 and thereafter. PART B—OTHER PROGRAMS 42 USC 5318. URBAN DEVELOPMENT ACTION GRANTS SEC. 121. (a) Section 119(a) of the Housing and Community Devel- opment Act of 1974 is amended by adding at the end thereof the following new sentence: "There are authorized to be appropriated to

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 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1169 carry out the provisions of this section not to exceed $440,000,000 for each of the fiscal years 1984, 1985, and 1986, and any amount appropriated under this sentence shall remain available until expended.". Oa) Section 119(b)(l) of such Act is amended— (1) in the last sentence, by striking out "where data are available, the extent of unemployment and job lag" and insert- ing in lieu thereof the following: "the extent of unemployment, job lag, or surplus labor"; and (2) by adding at the end thereof the following new sentences: "Any city that has a population of less than 50,000 persons and is not the central city of a metropolitan area, and that was eligible for JEiscal year 1983 under this paragraph for assistance under this section, shall continue to be eligible for such assist- ance until the Secretary revises the standards for eligibility for such cities under this paragraph and includes the extent of unemployment, job lag, or labor surplus as a standard of dis- tress for such cities. The Secretary shall make such revision as soon as practicable following the effective date of this sentence.". (c) Subparagraphs (A) and (B) of section 119(b)(2) of such Act ar each amended by inserting "neighborhood statistics areas," after "enumeration districts,". (d) Section 119(c)(3) of such Act is amended— (1) by striking out ", and (B)" and inserting in lieu thereof "; (B)"; and (2) by inserting the following after "carried out" in clause (B): "; and (C) has made available the analysis described in clause (B) to any interested person or organization residing or located in the neighborhood in which the proposed activities are to be carried out". (e) Section 119(d)(l) of such Act is amended in the first sentence by adding after the word "criteria" where it first appears: "for a national competition". (f) Section 119(i) of such Act is amended by adding at the end thereof the following new sentence: "The Secretary shall encourage cooperation by geographically proximate cities oi less than 50,000 population by permitting consortia of such cities, which may also include county governments that are not urban counties, to apply for grants on behalf of a city that is otherwise eligible for assistance under this section. Any grants awarded to such consortia shall be administered in compliance with eligibility requirements applicable to individual cities.". (g) Section 119 of such Act is amended by adding at the end thereof the following new subsections: "(p) An unincorporated portion of an urban county that is approved by the Secretary as an identifiable community for pur- poses of this section is eligible for a grant under subsection (b)(2) if such portion meets the eligibility requirements contained in the first sentence of subsection (b)(1) and the requirements of subsection (b)(2)(B) (applied to the population of the portion of the urban county) and if it otherwise complies with the provisions of this section. "(q) Of the amounts appropriated for purposes of this section for any fiscal year, not more than $2,500,000 may be used by the Secretary to make technical assistance grants to States or their agencies, municipal technical advisory services operated by universi- Standards revision. 42 USC 5318. Consortia of cities.

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 97 STAT. 1170 PUBLIC LAW 98-181—NOV. 30, 1983 ties, or State associations of counties or municipalities, to enable such entities to assist units of general local government described in subsection (i) in developing, applying for assistance for, and imple- menting programs eligible for assistance under this section. "(r) In providing assistance under this section, the Secretary may not discriminate among programs on the basis of the particular type of activity involved, whether such activity is primarily a neighbor- hood, industrial, or commercial activity.". URBAN HOMESTEADING SEC. 122. (a) The first sentence of section 810(h) of the Housing and 12 USC 1706e. Community Development Act of 1974 is amended by striking out "apd (g)" and all that follows through "1983" and inserting in lieu thereof the following: ", (g), (h), and (i), there are authorized to be appropriated not to exceed $12,000,000 for fiscal year 1984, and such sums as may be necessary for fiscal year 1985". (b) Section 810(a)(3) of such Act is amended by inserting "by a person legally entitled to reside there" before the semicolon. (c) Section 81O0bX3) of such Act is amended— (1) by striking out "three years" in subparagraph (A) and inserting in lieu thereof "5 years, except under such emergency standards as may be prescribed by the Secretary"; (2) by striking out subparagraph (B) and inserting in lieu thereof the following: "(B) repair all defects in the property that pose a substan- tial danger to health and safety within 1 year of the date of such initial conveyance;"; and (3) by striking out "eighteen months after occupying the property" in subparagraph (C) and inserting in lieu thereof "3 years after the date of initial conveyance". (d) Section 810(b) of such Act is amended— (1) by striking out "and" at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and inserting in lieu thereof; and"; and (3) by adding at the end thereof the following new paragraph: "(7) an equitable procedure for selecting the recipients of such properties that— "(A) gives a special priority to applicants— ' (i) whose current housing fails to meet standards of health and safety, including overcrowding; "(ii) who currently pay in excess of 30 percent of their income for shelter; and "(iii) who have little prospect of obtaining improved housing within the foreseeable future through means other than homesteading; "(B) excludes applicants who are currently homeowners; and "(C) takes into account the capacity of the applicant to contribute a substantial amount of labor to the rehabilita tion process, or to obtain assistance from private sources, community organizations, or other sources.'. (e) Section 810(f) of such Act is amended— (1) by inserting ", the Secretary of Agriculture," after "Secre- tary" each place it appears; (2) by striking out one- to four-family residences" and insert- ing in lieu thereof "residential properties"; and

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 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1171 (3) by adding at the end thereof the following new sentence: "Such listing shall be accessible to the public during ordinary business hours at the offices of such unit of general loc^ government or public agency.", (f) Section 810 of such Act is amended— (1) in subsection (c), by inserting "or (h)" after "subsection (b)"; (2) by redesignating subsection (h) as subsection (k); and (3) by inserting after subsection (g) the following new subsections: "(h)(1) The Secretary may, on a demonstration basis during fiscal years 1984 and 1985, convey to any unit of general local government or public agency designated by such unit of general local govern- ment any real property— "(A) to which the Secretary holds title; and "(B) that the Secretary determines to be suitable for a multi- family homesteading program that complies with the require- ments of paragraph (2); for such consideration, if any, as may be agreed upon between the Secretary and such unit of general local government or public agency. "(2) Any multifamily homesteading program carried out by any unit of general local government or public c^ency designated by any such unit of general local government shall be considered a multi- family homesteading program that complies with the requirements of this subsection if the Secretary determines that such program contains adequate assurances that— "(A) the primary use of all homestead properties following conversion or rehabilitation shall be residential; and "(B) not less than 75 percent of the residential occupants of homestead properties following conversion or rehabilitation shall be lower income families. "(3) As used in this subsection and subsection (i) the term 'lower income families' has the meaning given such term in section 3(b)(2) of the United States Housing Act of 1937. "(i)(1) The Secretary shall usc not more than $1,000,000 of the amounts appropriated under this section for each of the fiscal years 1984 and 1985 to undertake a program to demonstrate the feasibility of providing assistance to State or local governments or their agen- cies for the purchase of any real property that— "(A) is improved by one- to four-family residence; "(B) is not occupied by a person legally entitled to reside there; "(C) is designated by a State or general unit of local govern- ment for usc in a single family homestead program; and "(D) will be conveyed to lower income families under such program upon condition that each such family agrees— "(i) to occupy the property as a principal residence for a period of not less than 5 years, except under such emergency standards as may be prescribed by the Secretary; "(ii) to repair all defects in the property that pose a substantied danger to health or safety within 1 year of the date of the initial conveyance; and "(iii) to make such repairs and improvements to the property as may be necessary to meet applicable local Public access. 12 USC 1706e. Property conveyance. "Lower income families." 42 USC 1437a.

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 97 STAT. 1172 PUBLIC LAW 98-181—NOV. 30, 1983 standards for decent, safe, and sanitary housing within 3 years after the date of the initial conveyance. "(2) The Secretary shall give a preference to demonstrations under this subsection involving the acquisition of properties that become available in satisfaction of public liens such as tax liens. Evaluation. "(j) The Secretary shall conduct a continuing evaluation of the Report to demonstration programs carried out under subsections (h) and (i) Congress. ^nd shall transmit to the Congress a report not later than December Recommenda- 3^^ 1985, containing a summary of his evaluation of all such pro- ^°^^' grams and his recommendations for the future conduct of such programs.". NEIGHBORHOOD DEVELOPMENT DEMONSTRATION Definitions. SEC. 123. (a) For the purposes of this section: 42 USC 5318 (1) 'pjjg term "eligible neighborhood development activity" ^ means— (A) creating permanent jobs in the neighborhood; (B) establishing or expanding businesses within the neighborhood; (C) developing, rehabilitating, or managing neighborhood housing stock; (D) developing delivery mechanisms for essential services that have lasting benefit to the neighborhood; or (E) planning, promoting, or financing voluntary neighbor- hood improvement efforts. (2) The term "eligible neighborhood development organiza- tion" means— (A) an entity organized as a private, voluntary, nonprofit corporation under the laws of the State in which it operates; (B) an organization that is responsible to residents of its neighborhood through a governing body, not less than 51 per centum of the members of which are residents of the area served; (C) an organization that has conducted business for at least three years prior to the date of application for participation; (D) an organization that operates within an area that meets the requirements for Federal assistance under sec- tion 119 of the Housing and Community Development Act 42 USC 5318. of 1974; and (E) an organization that conducts one or more eligible neighborhood development activities that have as their primary beneficiaries low- and moderate-income persons, as defined in section 102(a)(20) of the Housing and Community Ante, p. 1160. Development Act of 1974. (3) The term "Secretary" means the Secretary of Housing and Urban Development. Program. (b)(1) The Secretary shall carry out, in accordance with this section, a demonstration program to determine the feasibility of supporting eligible neighborhood development activities by provid- ing Federal matching funds to eligible neighborhood development organizations on the basis of the monetary support such organiza- tions have received from individuals, businesses, and nonproHt or other organizations in their neighborhoods prior to receiving assist- ance under this section.

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 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1173 (2) The Secretary shall accept applications from eligible neighbor- Applications. hood development organizations for participation in the demonstra- tion program. Eligible organizations may participate in more than one year of the program, but shall be required to submit a new application and to compete in the selection process for each program year. Not more than 30 per centum of the grants may be for multiyear awards. (3) From the pool of eligible neighborhood development organiza- tions submitting applications for participation in a given program year, the Secretary shall select participating organizations in an appropriate number through a competitive selection process. To be selected, an applicant shall— (A) have demonstrated measurable achievements in one or more of the activities specified in subsection (a)(4); (B) specify a business plan for accomplishing one or more of the activities specified in subsection (a)(4); and (C) specify a strategy for achieving greater long term private sector support. (c)(1) The Secretary shall award grants under this section among the eligible neighborhood development organizations submitting ap- plications for such grants on the basis of— (A) the degree of economic distress of the neighborhood involved; (B) the extent to which the proposed activities will benefit persons of low and moderate income; (C) the extent of neighborhood participation in the proposed activities, as indicated by the proportion of the households and businesses in the neighborhood involved that are members of the eligible neighborhood development organization involved; and (D) the extent of voluntary contributions available for the Waiver. purpose of subsection (e)(4), except that the Secretary shall waive the requirement of this subparagraph in the case of an application submitted by a small eligible neighborhood develop- ment organization, an application involving activities in a very low-income neighborhood, or an application that is especially meritorious, (d) The Secretary shall consult with an informal working group representative of eligible neighborhood organizations with respect to the implementation and evaluation of the program established in this section. (e)(1) The Secretary shall assign each participating organization a defined program year, during which time voluntary contributions from individuals, businesses, and nonprofit or other organizations in the neighborhood shall be eligible for matching. (2) Subject to paragraph (3), at the end of each three-month period Payment, occurring during the program year, the Secretary shall pay to each participating neighborhood development organization the product of— (A) the aggregate amount of voluntary contributions that such organization certifies to the satisfaction of the Secretary it received during such three-month period; and (B) the matching ratio established for such test neighborhoods under paragraph (4). (3) The Secretary shall pay not more than $50,000 under this Act Payment. to any participating neighborhood development organization during a single program year.

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 97 STAT. 1174 PUBLIC LAW 98-181—NOV. 30, 1983 Federally matched funds. Certification. 42 USC 2000a note. Evaluation and report to Congress. Reports to Congress. 42 USC 1452b. (4) For purposes of paragraph (2), the Secretary shall, for each participating organization, determine an appropriate ratio by which monetary contributions made to participating neighborhood devel- opment organizations will be matched by Federal funds. The highest such ratios shall be established for neighborhoods having the small- est number of households or the greatest degree of economic distress. (5) The Secretary shall insure that— (A) grants and other forms of assistance may be maae available under this section only if the application contains a certification by the unit of general local government within which the neighborhood to be assisted is located that such assistance is not inconsistent with the housing and community development plans of such unit, except that the failure of a unit of general local government to respond to a request for a certification within thirty days after the request is made shall be deemed to be a certification; and (B) eligible neighborhood development activities comply with all applicable provisions of the Civil Rights Act of 1964. (6) To carry out this section, the Secretary— (A) may issue regulations as necessary; (B) shall utilize, to the fullest extent practicable, relevant research previously conducted by Federal agencies, State and local governments, and private organizations and persons; (C) shall disseminate information about the kinds of activities, forms of organizations, and fund-raising mechanisms associated with successful programs; (D) shall undertake any other activity the Secretary deems necessary to carry out this section, which shall include an evaluation and report to Congress on the demonstration and may include the performance of research, planning, and admin- istration, either directly, or when in the Secretary's judgment such activity will be carried out more effectively, more rapidly, or at less cost, by contract or grant; and (E) may usc not more than 5 per centum of the funds appro- priated for administrative or other expenses in connection with the demonstration. (f) The Secretary shall submit to the Congress— (1) not later than three months after the end of each fiscal year in which payments are made under this section, an interim report containing a summary of the activities carried out under this section during such fiscal year and any preliminary find- ings or conclusions drawn from the demonstration program; and (2) not later than March 15 of the year after the end of the last fiscal year in which such payments are made, a final report containing a summary of all activities carried out under this section, the evaluation required in subsection (e)(6)(D) and any findings, conclusions, or recommendations for legislation drawn from the demonstration program. (g) For purposes of carrying out this section, there are authorized to be appropriated not to exceed $2,000,000 for each of the fiscal years 1984 and 1985. REHABIUTATION LOANS SEC. 124. (a) Section 312(d) of the Housing Act of 1964 is amended by adding the following new sentence at the end thereof: "The Secretary may not establish (1) any requirement that a certain

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 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1175 proportion of assistance received under this section be utilized for any particular type of dwelling unit; or (2) any priority for the receipt of such assistance that is based on the receipt or use of funds by an applicant or area under any other program of Federal assist- ance for housing or community development, other than the urban homesteading program established in section 810 of the Housing and Community Development Act of 1974.". (b) Section 312(h) of such Act is amended— (1) by striking out "November 30, 1983" and inserting in lieu thereof "September 30, 1984"; and (2) by striking out "December 1, 1983" and inserting in lieu thereof "October 1, 1984". 12 USC 1706e. Ante, p. 746. NEIGHBORHOOD REINVESTMENT CORPORATION SEC. 125. Section 608(a) of the Neighborhood Reinvestment Corpo- ration Act is amended by striking out "title" and all that follows though "1982" and inserting in lieu thereof the following: "title not to exceed $16,512,000 for fiscal year 1984, and such sums as may be necessary for fiscal year 1985". 42 USC 8107. REPEALERS SEC. 126. (a)(1) Section 414 of the Housing and Urban Development Act of 1969 hereby is repealed. (2) Notwithstanding paragraph (1), the Secretary of Housing and Urban Development and the Secretary of Agriculture may dispose of Federal surplus real property pursuant to the terms of section 414 of such Act if, prior to the date of the enactment of this Act, either Secretary had requested the Administrator of General Services to transfer such property for such disposition. (3) Notwithstanding paragraph (1), section 414(b) of such Act shall continue to apply, where applicable, to all property transferred by either Secretary pursuant to section 414 of such Act, including properties transferred pursuant to paragraph (2). (b)(l) Section 106(g) of the Housing Act of 1949 hereby is repealed. (2) Section 703(d) of the Housing and Urban Development Act of 1965 hereby is repealed. (3) Section 704, and the second sentence of section 706, of the Housing Act of 1961 hereby are repealed. TITLE II—HOUSING ASSISTANCE PROGRAMS 40 USC 484b. Property disposal. 40 USC 484b note. 40 USC 484b note. 42 USC 1456. 42 USC 3103. 42 USC 1500c, 1500C-2. ALLOCATION AND USE OF ASSISTED HOUSING AUTHORITY SEC. 201. (a)(1) Section 213(a)(l) of the Housing and Community Development Act of 1974 is amended by adding at the end thereof the following: "Upon receiving an application for such housing assistance, the Secretary shall assure that funds made available under this section shall be utilized to the maximum extent practicable to meet the needs and goals identified in the unit of local government's housing assistance plan.". (2) Section 213(d) of such Act is amended by striking out para- graphs (1) and (2) and inserting in lieu thereof the following: "(1) The Secretary shall allocate assistance referred to in subsec- tion (a) (other than assistance approved in appropriation Acts for usc under sections 9, 14, and 17 of the United States Housing Act of 42 USC 1439.

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 97 STAT. 1176 PUBLIC LAW 98-181—NOV. 30, 1983 42 USC 1437g, 1437/, post, p. 1196. 42 USC 1437f. Post, p. 1250. Report to Congress. Ante, p. 1175. 42 USC 1437c. eonversion approval. 42 USC 1437/. contracts, contributions, and grants. Post, p. 1196. 42 USC 1437f. 12 USC 1701q. 42 USC 1437/. 1937) the first time it is available for reservation on the basis of a formula which is contained in a regulation prescribed by the Secre- tary, and which is based on the relative needs of different States, areas, and communities as reflected in data as to population, poverty, housing overcrowding, housing vacancies, amount of sub- standard housing, and other objectively measurable conditions speci- fied in such regulation. Any amounts allocated to a State or areas or communities within a State which are not likely to be utilized within a fiscal year shall not be reallocated for usc in another State unless the Secretary determines that other areas or communities within the same State cannot utilize the amounts within that same fiscal year. "(2) Not later than sixty days after approval in an appropriation Act, the Secretary shall allocate from the amounts available for usc in nonmetropolitan areas an amount of authority for assistance under section 8(d) of the United States Housing Act of 1937 deter- mined in consultation with the Secretary of Agriculture for usc in connection with section 532 of the Housing Act of 1949 during the fiscal year for which such authority is approved. The amount of assistance allocated to nonmetropolitan areas pursuant to this sec- tion in any fiscal year shall not be less than 20 nor more than 25 per centum of the total amount of such assistance.". (3) Not later than March 1, 1984, the Secretary shall report to the Congress on the impact of the last sentence of section 213(d)(2) of the Housing and Community Development Act of 1974. (b) Section 5(c) of the United States Housing Act of 1937 is amended— (1) by striking out the last sentence of paragraph (1); (2) by striking out paragraphs (2) and (3) and redesignating the remaining paragraphs accordingly; and (3) by adding at the end thereof the following: "(5) During such period as the Secretary may prescribe for start- ing construction, the Secretary may approve the conversion of public housing development authority for usc under section 14 or for usc for the acquisition and rehabilitation of property to be used in public housing, if the public housing agency, after consultation with the unit of local government, certifies that such assistance would be more effectively used for such purpose, and if the total number of units assisted will not be less than 90 per centum of the units covered by the original reservation. "(6) The aggregate amount of budget authority which may be obligated for contracts for annual contributions and for grants under section 17 is increased by $9,912,928,000 on October 1, 1983, and by such sums as may be approved in appropriation Acts on October 1, 1984. "(7)(A) Using the additional budget authority provided under paragraph (6) and the balances of budget authority which become available during fiscal year 1984, to the extent approved in appropri- ations Acts, the Secretary may reserve authority to enter into obligations aggregating— "(i) not to exceed $1,289,550,000 for public housing, of which not to exceed $389,550,000 shall be available for Indian housing; "(ii) not to exceed $1,926,400,000 for assistance under section 8 in connection with projects developed under section 202 of the Housing Act of 1959; "(iii) not to exceed $1,550,000,000 for comprehensive improve- ment assistance under section 14;

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 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1177 "(iv) not to exceed $2,217,150,000 for assistance under section 8(b)(l); "(v) not to exceed $540,000,000 for assistance under section 8(e)(5); "(vi) not to exceed $242,115,000 for assistance under section 8(0); "(vii) not to exceed $150,000,000 for assistance under section 17 with respect to rental rehabilitation; "(viii) not to exceed $200,000,000 with respect to rental devel- opment under section 17; and "(ix) not to exceed $1,603,170,000 for additional assistance under section 8. "(B) Using the additional budget authority provided under para- graph (6) and the balances of budget authority which become available during fiscal year 1985, to the extent approved in appropri- ations Acts, the Secretary may reserve authority to enter into obligations aggregating— "(i) not to exceed such sums as may be approved in an appropriation Act for public housing, of which not to exceed such sums as may be approved in an appropriation Act shall be available for Indian housing; "(ii) not to exceed such sums as may be approved in an appropriation Act for assistance under section 8 in connection with projects developed under section 202 of the Housing Act of 1959; "(iii) not to exceed such sums as may be approved in an appropriation Act for comprehensive improvement assistance under section 14; "(iv) not to exceed such sums as may be approved in an appropriation Act for assistance under section 8(b)(l); '(v) not to exceed such sums as may be approved in an appropriation Act for assistance under section 8(e)(5); '(vi) not to exceed such sums as may be approved in an appropriation Act for assistance under section 8(o); (vii) not to exceed $150,000,000 for assistance under section 17 with respect to rental rehabilitation; "(viii) not to exceed $115,000,000 with respect to rental devel- opment under section 17; and "(ix) not to exceed such sums as may be approved in an appropriation Act for additional assistance under section 8. "(C) The specific authorities under this paragraph are subject to such adjustments as may be made under paragraph (5).". (c) Section 6 of such Act is amended by adding at the end thereof the following: "(h) On or after October 1, 1983, the Secretary may enter into a contract involving new construction only if the public housing agency demonstrates to the satisfaction of the Secretary that the cost of new construction is less than the cost of acquisition or acquisition and rehabilitation, including any reserve fund under subsection (i), would be. "(i) The Secretary may, upon application by a public housing agency in connection with the acquisition of housing for usc as public housing, establish and set aside a reserve fund in an amount not to exceed 30 per centum of the acquisition cost which shall be available for usc for major repairs to such housing. "(j) On or after October 1, 1983, in entering into commitments for the development of public housing, the Secretary shall give a prior- 42 USC 1437f. Post, p. 1183. Post, p. 1181. Post, p. 1196. 42 USC 1437f. 12 USC 1701q. 42 USC 1437Z. 42 USC 1437f. Post, p. 1183. Post, p. 1181. Post, p. 1196. 42 USC 1437f. 42 USC 1437d. contract. eosts. Reserve fund. Large-family housing.

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 97 STAT. 1178 PUBLIC LAW 98-181—NOV. 30, 1983 ity to projects for the construction of housing suitable for occupancy by large families.". INCREASE IN SINGLE PERSON OCCUPANCY LIMITATION 42 USC 1437a. SEC. 202. Section 3(b)(3) of the United States Housing Act of 1937 is amended by adding at the end thereof the following new sentence: "The Secretary may increase the limitation described in the second sentence of this paragraph to not more than 30 per centum if, following consultation with the public housing agency involved, the Secretary determines that the dwelling units involved are neither being occupied, nor are likely to be occupied within the next 12 months, by families or persons described in clauses (A), (B), and (C), due to the condition or location of such dwelling units, and that such dwelling units may be occupied if made available to single persons described in clause (D).". PRIORITY FOR HOUSING ASSISTANCE SEC. 203. (a) Section 6(c)(4)(A) of the United States Housing Act of 42 USC 1437d. 1937 is amended by inserting "or are paying more than 50 per centum of family income for rent" after "under this Act". 42 USC 1437f. (b)(1) Section 8(d)(l)(A) of such Act is amended by inserting ", are paying more than 50 per centum of family income for rent," after 'substandard housing. Post, p. 1183. (2) Section 8(e)(2) of such Act is amended by inserting ", are paying more than 50 per centum of family income for rent," after substandard housing. (3) Section 101(e)(1)(B) of the Housing and Urban Development 12 USC 1701s. Act of 1965 is amended by inserting ", was paying more than 50 per centum of family income for rent," after "substandard housing". LEASE AND GRIEVANCE PROCEDURES Ante, p. 1177. SEC. 204. Section 6 of the United States Housing Act of 1937 is amended by adding at the end thereof the following new subsections: Regulations. "(k) The Secretary shall by regulation require each public housing agency receiving assistance under this Act to establish and imple- ment an administrative grievance procedure under which tenants will— "(1) be advised of the specific grounds of any proposed adverse public housing agency action; "(2) have an opportunity for a hearing before an impartial party upon timely request within any period applicable under subsection (1); "(3) have an opportunity to examine any documents or records or regulations related to the proposed action; "(4) be entitled to be represented by another person of his choice at any hearing; "(5) be entitled to ask questions of witnesses and have others make statements on his behalf; and "(6) be entitled to receive a written decision by the public housing agency on the proposed action. An agency may exclude from its procedure any grievance concern- ing an eviction or termination of tenancv in any jurisdiction which requires that, prior to eviction, a tenant be given a hearing in court

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 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1179 which the Secretary determines provides the basic elements of due process. "(1) Each public housing agency shall utilize leases which— "(1) do not contain unreasonable terms and conditions; "(2) obligate the public housing agency to maintain the project in a decent, safe, and sanitary condition; "(3) require the public housing agency to give adequate writ- ten notice of termination of the lease which shall not be less than— "(A) a reasonable time, but not to exceed 30 days, when the he£dth or safety of other tenants or public housing agency employees is threatened; "(B) 14 days in the case of nonpayment of rent; and "(C) 30 days in any other case; and "(4) require that the public housing agency may not terminate the tenancy except for serious or repeated violation of the terms or conditions of the lease or for other good cause.". Leases. REPORTING REQUIREMENTS SEC. 205. Section 6 of the United States Housing Act of 1937 is amended by adding at the end thereof the following: "(m) The Secretary shall not impose any unnecessarily duplicative or burdensome reporting requirements on tenants or public hearing agencies assisted under this Act.". Ante, p. 1178. 42 USC 1437d. AMENDMENTS AFFECTING TENANT RENTS OR CONTRIBUTIONS SEC. 206. (a) Section 3(a) of the United States Housing Act of 1937 is amended— (1) by inserting the following immediately after the first sentence: "Reviews of family income shall be made at least annually."; and (2) by inserting after "under this Act" in the final sentence the following: "(other than a family assisted under section 8(0))". (b) Section 3(b) of such Act is cunended by striking out the period at the end of paragraph (2) and inserting in lieu thereof the follow- ing: ", except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are neces- sary because of unusually high or low family incomes.". (c) Section 3(b)(5) of the United States Housing Act of 1937 is amended to read as follows: "(5) The term 'adjusted income' means the income which remains after excluding— "(A) $480 for each member of the family residing in the household (other than the head of the household or his spouse) who is under 18 years of age or who is 18 years of age or older and is disabled or handicapped or a full-time student; "(B) $400 for any elderly family; "(C) medical expenses in excess of 3 per centum of annual family income for any elderly family; and "(D) child care expenses to the extent necessary to enable another member of the family to be employed or to further his or her education.". 42 USC 1437a. Post, p. 1181. Income ceilings. 42 USC 1437a. "Adjusted

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 97 STAT. 1180 PUBLIC LAW 98-181—NOV. 30, 1983 42 USC 1437a note. 95 Stat. 400. Increases. Increases. Increases. 42 USC 1490a. 42 USC 1437f. Conversion and increase. 79 Stat. 451. 12 USC 1715Z-1. 42 USC 5301 note. 42 USC 1437f. (d)(1) The following provisions of this paragraph apply to determi- nations of the rent to be paid by or the contribution required of a tenant occupying housing assisted under the authorities amended by this section or subsections (a) through (h) of section 322 of the Housing and Community Development Amendments of 1981 (here- inafter referred to as "assisted housing") on or before the effective date of regulations implementing this section: (A) Notwithstanding any other provision of this section or subsections (a) through (h) of section 322 of the Housing and Community Development Amendments of 1981, the Secretary of Housing and Urban Development (hereinafter referred to as the "Secretary") may provide for delayed applicability, or for staged implementation, of the procedures for determining rents or contributions, as appropriate, required by such provisions if the Secretary determines that immediate application of such proce- dures would be impracticable, would violate the terms of exist- ing leases, or would result in extraordinary hardship for any class of tenants. (B) The Secretary shall provide that the rent or contribution, as appropriate, required to be paid by a tenant shall not increase as a result of the amendments made by this section and subsections (a) through (h) of section 322 of the Housing and Community Development Amendments of 1981, and as a result of any other provision of Federal law or regulation, by more than 10 per centum during any twelve-month period, unless the increase above 10 per centum is attributable to increases in income which are unrelated to such amendments, law, or regulation. (2) Tenants of assisted housing other than those referred to in paragraph (1) shall be subject to immediate rent payment or contri- bution determinations in accordance with applicable law and with- out regard to the provisions of paragraph (1), but the Secretary shall provide that the rent or contribution payable by any such tenant who is occupying assisted housing on the effective date of any provision of Federal law or regulation shall not increase, as a result of any such provision of Federal law or regulation, by more than 10 per centum during any twelve-month period, unless the increase above 10 per centum is attributable to increases in income which are unrelated to such law or regulation. (3) In the case of tenants receiving rental assistance under section 521(a)(l) of the Housing Act of 1949 on the effective date of this section whose assistance is converted to assistance under section 8 of the United States Housing Act of 1937 on or after such date, the Secretary shall provide that the rent or contribution payable by any such tenant shall not increase, as a result of such conversion, by more than 10 per centum during any twelve-month period, unless the increase above 10 per centum is attributable to increases in income which are unrelated to such conversion or to any provision of Federal law or regulation. (4)(A) Notwithstanding any other provision of law, in the case of the conversion of any assistance under section 101 of the Housing and Urban Development Act of 1965, section 236(fK2) of the National Housing Act, or section 23 of the United States Housing Act of 1937 (as in effect before the date of the enactment of the Housing and Community Development Act of 1974) to assistance under section 8 of the United States Housing Act of 1937, any increase in rem payments or contributions resulting from such conversion, and from

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 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1181 the amendments made by this section of any tenant benefiting from such assistance who is sixty-two years of age or older may not exceed 10 per centum per annum. (B) In the case of any such conversion of assistance occurring on or after OkJtober 1, 1981, and before the date of the enactment of this section, the rental payments due after such date of enactment by any tenant benefiting from such assistance who was sixty-two years of age or older on the date of such conversion shall be computed as if the teneint's rental payment or contribution had, on the date of conversion, been the lesser of the actual rental payment or contribu- tion required, or 25 per centum of the tenant's income. (5) The limitations on increases in rent contained in paragraphs (I)(B), (2), (3), and (4) shall remain in effect and may not be changed or superseded except by another provision of law which amends this subsection. (6) As used in this subsection, the term "contribution" means an amount representing 30 per centum of a tenant's monthly adjusted income, 10 per centum of the tenant's monthly income, or the designated amount of welfare assistance, whichever amount is used to determine the monthly assistance payment for the tenant under section 3(a) of the United States Housing Act of 1937. (7) The provisions of subsections (a) through (h) of section 322 of the Housing and Community Development Amendments of 1981 shall be implemented and fully applicable to all affected tenants no later than five years following the date of enactment of such amend- ments, except that the Secretary may extend the time for implemen- tation if the Secretary determines that full implementation would result in extraordinary hardship for any class of tenants. (e) Section 322(i) of the Omnibus Budget Reconciliation Act of 1981 is repealed. VOUCHER DEMONSTRATION SEC. 207. Section 8 of the United States Housing Act of 1937 is amended by adding at the end thereof the following: "(o)(1) In connection with the rental rehabilitation and develop- ment program under section 17 or the rural housing preservation grant program under section 533 of the Housing Act of 1949, or for other purposes, the Secretary is authorized to conduct a demonstra- tion program using a payment standard in accordance with this subsection. The payment standard shall be used to determine the monthly assistance which may be paid for any family, as provided in paragraph (2) of this subsection, and shall be based on the fair market rental established under subsection (c). "(2) The monthly assistance payment for any family shall be the amount by which the payment standard for the area exceeds 30 per centum of the family's monthly adjusted income, except that such monthly assistance payment shall not exceed the amount by which the rent for the dwelling unit (including the amount allowed for utilities in the case of a unit with separate utility metering) exceeds 10 per centum of the family's monthly income. ' (3) Assistance payments may be made only for (A) a family determined to be a very low-income family at the time it initially receives assistance, or (B) a family previously assisted under this Act. In selecting families to be assisted, preference shall be given to families which, at the time they are seeking assistance, occupy substandard housing, are involuntarily displaced, or are paying more than 50 per centum of family income for rent. Conversion. Increase limitations. "Contribution.' Ante, p. 1179. 95 Stat. 400. 42 USC 1437a note. 42 USC 1437f. Post, p. 1183. Payment standard. Post, p. 1196. Post, p. 1250. Monthly assistance payment.

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 97 STAT. 1182 PUBLIC LAW 98-181—NOV. 30, 1983 Housing quality standards. "(4) The Secretary shall usc substantially all of the authority to enter into contracts under this subsection to make assistance pay- ments for families residing in dwellings to be rehabilitated with Post, p. 1196. assistance under section 17 and for families displaced as a result of rental housing development assisted under such section or as a Post, p. 1250. result of activities assisted under section 533 of the Housing Act of 1949. "(5) If a family vacates a dwelling unit before the expiration of a lease term, no assistance payment may be made with respect to the unit after the month during which the unit was vacated. "(6) A contract with a public housing agency for annual contribu- tions under this subsection shall be for an initial term of sixty months. The Secretary shall require (with respect to any unit) that (A) the public housing agency inspect the unit before any assistance pa3anent may be made to determine that it meets housing quality standards for decent, safe, and sanitary housing established by the Secretary for the purpose of this section, and (B) the public housing agency make annual or more frequent inspections during the con- tract term. No assistance payment may be made for a dwelling unit which fails to meet such quality standards, unless any such failure is promptlv corrected by the owner and the correction verified by the public housing agency. Payment "(7)(A) The amount of assistance payments under this subsection adjustments. may, in the discretion of the public housing agency, be adjusted as frequently as twice during any five-year period where necessary to assure continued affordability. The aggregate amount of adjust- ments pursuant to the preceding sentence may not exceed the amount of any excess of the annual contributions provided for in the contract over the amount of assistance payments actually paid (including amounts which otherwise become available during the contract period). "(B) For the purpose of subparagraph (A), each contract with a public housing agency for annual contributions under this subsec- tion shall provide annual contributions equal to 115 per centum of the estimated aggregate amount of assistance required during the first year of the contract. "(C) Any amounts not needed for adjustments under subpara- graph (A) may be used to provide assistance payments for additional families. "(D) Before making such adjustments the public housing agency shall consult with the public and the general local government regarding the impact of such adjustments on the number of families that can be assisted. "(8) A public housing agency may utilize not to exceed 5 per centum of the amount of authority available under this subsection to provide assistance with respect to cooperative or mutual housing wmch has a resale structure which maintains affordability for lower income families where the agency determines such action will assist in maintaining the affordability of such housing for such families.". RENEWAL OF SECTION 8 CONTRACTS 42 USC I437f. SEC. 208. Section 8(d)(2) of such Act is amended by adding at the end thereof the following: "A contract under this section may not be attached to the structure except where the Secretary specifically waives the foregoing limitation and the public housing agency approves such action, and the owner agrees to rehabilitate the

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Page:Dictionary of National Biography volume 62.djvu/316

  :: Museum,’ London, 1864, 8vo.
 * 1) ‘Coleoptera Atlantidum,’ London, 1865, 8vo.
 * 2) ‘Coleoptera Hesperidum,’ London, 1867, 8vo.
 * 3) ‘Lyra Devoniensis,’ London, 1868, 8vo.
 * 4) ‘Coleoptera Sanctæ Helenæ,’ London, 1877, 8vo.
 * 5) ‘Testacea Atlantica,’ London, 1878, 8vo.

WOLLASTON, WILLIAM (1660–1724), moral philosopher, born on 26 March 1659–60 at Coton-Clanford, Staffordshire, was son of William Wollaston by Elizabeth (Downes). The Wollastons were an old Staffordshire family. One, Henry Wollaston (d. 1616), went to London and returned with a fortune made in trade. A dispute between his sons as to the succession was finally compromised. The eldest, William, got most of the property, saved money, bought the manor of Shenton, near Market-Bosworth, Leicestershire, and, dying in 1666, left a good estate to his son William. Henry's younger son, Thomas, who had been prosperous, took to drink, got into political trouble, and passed the ‘greater part of his life in repentance.’ He lived, however, to be eighty-seven, dying in 1674, and was a ‘comely old gentleman.’ He was chiefly dependent for support in later years upon his rich brother. He married Sabina, daughter of Sir G. Aldrych (d. 1626), and his youngest son, William, lived with him at various places near Shenton, and married Elizabeth Downes, daughter of a small country gentleman at Coton-Clanford. The family was embarrassed, and William apprenticed most of his sons to tradesmen.

His second son, also a William, got a little schooling, chiefly at Lichfield, and was sent to Sidney-Sussex College, Cambridge, having some promise of patronage from the rich William of Shenton, his father's first cousin. He was admitted a pensioner on 18 June 1674. He had an incompetent tutor, and was put to many shifts to get books. He gained some reputation for scholarship, but made an enemy of the college dean by ridiculing him in an exercise at the schools. The dean revenged himself by spreading scandals against his pupil. Once the dons told him to write a copy of verses which they meant to ridicule, when he evaded them by writing in Hebrew, which none of them understood. Naturally, he lost any chance of a fellowship; and, after taking his M.A. degree, left Cambridge on 29 Sept. 1681. He returned to his family, writing a Pindaric ode by the way to ‘vent his melancholy.’ Finding no better preferment, he became assistant to the master of Birmingham school in 1682. His relatives, however, began to ‘invade his quiet.’ The failure in trade of an elder brother for whom he had become security brought claims upon him which he had great difficulty in satisfying. Then he had to help a younger brother who had taken to drink, married a perverse woman, and also ruined himself. Wollaston tried to find comfort by reading the book of Ecclesiastes, and turned it into another Pindaric ode. A new charter for the school was obtained on the accession of James II; the old master was turned out; and Wollaston, who hoped to succeed, was appointed to the second mastership, worth about 70l. a year, and took priest's orders. The old master retired to live with a brother near William Wollaston of Shenton, to whom they were both known. This William had no surviving sons and was in bad health, and looking out for an heir to his estates. The other William was, according to his own account, the only relative who ‘never stirred’ to court the rich cousin. Once, indeed, he preached a sermon to his cousin, who ‘thanked him heartily.’ The cousin also secretly obtained information as to Wollaston's habits, listened to the good accounts given of him by the retired schoolmaster, and finally made a will in his favour. Soon afterwards (19 Aug. 1688) he died, and the younger William Wollaston found himself heir to his cousin's ‘noble estate.’

There were drawbacks. William of Shenton had left a widow and two daughters; and the widow had legal claims, which she enforced beyond what must have been her husband's intentions. Wollaston's own relatives, too, were ‘exceeding burthens.’ His elder brother, in the Fleet prison, put in unjustifiable claims, but had to be supported till his death, which fortunately took place in 1694. Another brother, who had to be pensioned, persisted in living until after 1709. His father, too, was ‘not altogether pleased’ at missing the estate, but had now a competence, and died on 16 March 1691–2. Wollaston, however, arranged his affairs in the winter of 1688–9, and resolved to lead a comfortable life. A wife was the first essential. He paid addresses to a Miss Alice Coburne, daughter of a wealthy brewer, who died of small-pox in May 1689, on the day of their intended marriage. He erected a


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 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1183 structure other than with assistance under this Act and otherwise complies with the requirements of this section. The aggregate term of such contract and any contract extension may not be more than 180 months.". REPEAL OF NEW CONSTRUCTION AUTHORITY SEC. 209. (a) The United States Housing Act of 1937 is amended as follows: (1) Section 8(a) is amended by striking out ", newly con- structed, and substantially rehabilitated". (2) Section 8(b)(2) is repealed. (3) Section 8(e) of such Act is amended by striking out para- graphs (1), (2), and (3) and by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively. (4) Section 8(i) of such Act is repealed. (5) Section 8 of such Act is amended by striking out subsec- tions (1) and (m). (6) Section 8(n) of such Act is amended by striking out "(e)(5) and subsection (i)" and inserting in lieu thereof "(e)(2)". (b) The amendments made by subsection (a) shall take effect on October 1, 1983, except that the provisions repealed shall remain in effect— (1) with respect to any funds obligated for a viable project under section 8 of the United States Housing Act of 1937 prior to January 1, 1984; and (2) with respect to any project financed under section 202 of the Housing Act of 1959. 42 USC 1437f. Effective date. 42 USC 1437f note. 42 USC 1437f. 12 USC 1701q. SINGLE ROOM OCCUPANCY HOUSING SEC. 210. Section 8(n) of the United States Housing Act of 1937 is 42 USC I437f. amended— (1) by inserting "subsection (b)(D," before "subsection (e)(5)"; (2) by inserting a comma after "(e)(5)"; (3) by striking out "and" at the end of paragraph (1); (4) by striking out the period at the end of paragraph (2) and inserting in lieu thereof; and"; and (5) by inserting after paragraph (2) the following new eertification. paragraph: "(3) in the case of assistance under subsection (b)(D, the unit of general local government in which the property is located and the local public housing agency certify to the Secretary that the property complies with local health and safety standards.". SHARED HOUSING FOR THE ELDERLY AND HANDICAPPED SEC. 211. Section 8 of the United States Housing Act of 1937 is amended by adding the following new subsection at the end thereof: "(p) In order to assist elderly families (as defined in section 3(b)(3)) who elect to live in a shared housing arrangement in which they benefit as a result of sharing the facilities of a dwelling with others in a manner that effectively and efficiently meets their housing needs and thereby reduces their cost of housing, the Secretary shall permit assistance provided under the existing housing and moderate rehabilitation programs to be used by such families in such arrange- ments. In carrying out this subsection, the Secretary shall issue 42 USC 1437f. Ante, p. 1178. Minimum habitability standards.

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 97 STAT. 1184 PUBLIC LAW 98-181—NOV. 30, 1983 minimum habitability standards for the purpose of assuring decent, safe, and sanitary housing for such families while taking into account the special circumstances of shared housing.". PAYMENTS FOR OPERATION OF LOWER INCOME HOUSING PROJECTS 42 USC I437g. SEC. 212. Section 9(c) of the United States Housing Act of 1937 is amended— (1) by striking out "and" after "October 1, 1980,"; and (2) by inserting before the period at the end thereof the following: ", not to exceed $1,500,000,000 on or after October 1, 1983, and by such sums as may be necessary on or after October 1, 1984,". INCOME ELIGIBILITY 42 USC I437n. SEC. 213. Section 16(a) of the United States Housing Act of 1937 is amended by striking out "10 per centum" and inserting in lieu thereof "25 per centum". DEMOLITION AND DISPOSITION OP PUBLIC HOUSING SEC. 214. (a) The United States Housing Act of 1937 is amended by adding the following new section at the end thereof: "DEMOLITION AND DISPOSITION OF PUBLIC HOUSING Application "SEC. 18. (a) The Secretary may not approve an application by a 4^^8^1437 public housing agency for permission, with or without financial ^' assistance under this Act, to demolish or dispose of a public housing project or a portion of a public housing project unless the Secretary has determined that— "(1) in the case of an application proposing demolition of a public housing project or a portion of a public housing project, the project or portion of the project is obsolete as to physical condition, location, or other factors, making it unusable for housing purposes, or no reasonable program of modifications is feasible to return the project or portion of the project to useful life; or in the case of an application proposing the demolition of only a portion of a project, the demolition will help to assure the useful life of the remaining portion of the project; or "(2) in the case of an application proposing disposition of real property of a public housing agency by sale or other transfer— "(A)(i) the property's retention is not in the best interests of the tenants or the public housing agency because devel- opmental changes in the area surrounding the project adversely affect the health or safety of the tenants or the feasible operation of the project by the public housing agency, because disposition allows the acquisition, develop- ment, or rehabilitation of other properties which will be more efficiently or effectively operated as lower income housing projects and which will preserve the total amount of lower income housing stock available in the community, or because of other factors which the Secretary determines are consistent with the best interests of the tenants and public housing agency and which are jiot inconsistent with other provisions of this Act; and

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 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1185 "(ii) for property other than dwelling units, the property is excess to the needs of a project or the disposition is incidental to, or does not interfere with, continued oper- ation of a project; and "(B) the net proceeds of the disposition will be used for (i) the payment of development cost for the project and for the retirement of outstanding obligations issued to finance original development or modernization of the project, and (ii) to the extent that any proceeds remciin after the applica- tion of proceeds in accordance with clause (i), the provision of housing assistance for lower income families through such measures as modernization of lower income housing, or the acquisition, development, or rehabilitation of other properties to operate as lower income housing. "(b) The Secretary may not approve an application or furnish assistance under this section under this Act unless— "(1) the application from the public housing agency has been developed in consultation with tenants and tenant councils, if any, who will be affected by the demolition or disposition and contains a certification by appropriate local government offi- cisils that the proposed activity is consistent with the applicable housing assistance plan; and "(2) all tenants to be displaced as a result of the demolition or disposition will be given assistance by the public housing agency and are relocated to other decent, safe, sanitary, and affordable housing, which is, to the maximum extent practicable, housing of their choice, including hoiising assisted under section 8 of this Act. "(c) Notwithstanding any other provision of law, the Secretary is authorized to make available financial assistance for applications approved under this section using available annual contributions authorized under section 5(c). "(d) The provisions of this section shall not apply to the convey- ance of unite in a public housing project for the purpose of providing homeownership opportunities for lower income families capable of assuming the responsibilities of homeownership.". (b) Section 6(f) and section 14(f) of such Act are repealed. FINANCING LIMITATIONS SEC. 215. The United States Housing Act of 1937 is amended by adding at the end thereof the following: Proceeds. 42 USC 1437f. Ante, p. 1176. 42 USC 1437d, 1437/. FINANCING LIMITATIONS 'SEC. 19. On and after October 1, 1983, the Secretary— Contracts. "(1) may only enter into contracts for annual contributions 42 USC 1437q. regarding obligations financing public housing projects author- ized by section 5(c) if such obligations are exempt from taxation -^"^ P- ^'^^_• under section 11(b), or if such obligations are issued under 42 USC 14371. section 4 and such obligations are exempt from taxation; and 42 USC 1437b. "(2) may not 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 12 USC 2294. by local public housing agencies for purposes of financing public housing projects authorized by section 5(c) of this Act.". 11-194 O - 85 — 39 QL3

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 97 STAT. 1186 PUBLIC LAW 98-181—NOV. 30, 1983 Grants. 42 USC 5305. Families and single women. EMERGENCY SHELTER PROGRAM SEC. 216. There are authorized to be appropriated not to exceed $60,000,000 for fiscal year 1984 for the Secretary to make grants to States, units of general local government, and Indian tribes, and nonprofit organizations which will operate programs on behalf of such units of general local government and Indian tribes, for the provision of shelter and essential services for individuals who are subject to life-threatening situations because of their lack of hous- ing. Such grants shall be awarded on the basis of the extent of the need for emergency housing in the area where the project is, or will be, located, taking into account regional variations in the cost of providing shelter. Such grants may be used to rehabilitate existing structures in order to provide basic shelter, to maintain structures providing such shelter, to pay for utilities and the furnishing of such shelters, to provide for any health and safety measures that are required to protect the individuals using such shelter, and for any activity described in section 105(a) of the Housing and Community Development Act of 1974 that is consistent with the purposes of this paragraph. A structure which is rehabilitated with assistance under this paragraph shall be used for emergency housing for a period of not less than 3 years after such rehabilitation. In providing grants under this paragraph, the Secretary shall take into consideration the special needs of families and single women. 12 USC 1715z-la. 42 USC 1437f. 12 USC 1715Z-1. 12 USC 1701s; 42 usc 1451. 12 USC 1715Z-1. OPERATING ASSISTANCE FOR TROUBLED MULTIFAMILY HOUSING PROJECTS SEC. 217. (a)(1) Section 201(a) of the Housing and Community Development Amendments of 1978 is amended by inserting before the period at the end thereof the following: ", without regard to whether such projects are insured under the National Housing Act". (2) Section 201(b) of such Act is amended by inserting before the period at the end thereof the following: ", without regard to whether such projects are insured under the National Housing Act". (3) Section 201(c)(l)(A) of such Act is amended by striking out the first semicolon and all that follows through "1979". (b)(1) Section 201(a) of such Act is amended by striking out "or under" and inserting in lieu thereof ", the United States Housing Act of 1937, or". (2) Section 201(c)(l) of such Act is amended— (A) by striking out "or" at the end of subparagraph (A); (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: "(B) is assisted under section 8 of the United States Housing Act of 1937 following conversion to such assistance from assist- ance under section 236 of the National Housing Act or section 101 of the Housing and Urban Development Act of 1965; or", (c) Section 236(fK3) of the National Housing Act is amended by striking out "September 30, 1982" and inserting in lieu thereof "September 30, 1985".

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 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1187 Ante, p. 1176. Contracts and payments. 42 USC 1437f. SECTION 236 ASSISTANCE SEC. 218. (a) Section 236(f) of the National Housing Act is amended 12 USC 1715z-l. by adding at the end thereof the following: "(4) To ensure that eligible tenants occupying that number of Contracts and units with respect to which assistance was being provided under this payments, subsection immediately prior to the date of enactment of this sen- tence receive the benefit of assistance contracted for under para- graph (2), the. Secretary shall offer annually to amend contracts entered into under this subsection with owners of projects assisted but not subject to mortgages insured under this section to provide sufficient payments to cover up to 90 per centum of the necessary rent increases and changes in the incomes of eligible tenants, subject to the availability of authority for such purpose under section 5(c) of the United States Housing Act of 1937. The Secretary shall take such actions as may be necessary to ensure that pay- ments, including payments that reflect necessary rent increases and changes in the incomes of tenants, are made on a timely basis for all units covered by contracts entered into under paragraph (2).". (b) Section 236(i)(l) of such Act is amended by adding at the end thereof the following new sentence: "The Secretary shall utilize, to the extent necessary after September 30, 1984, any authority under this section that is recaptured either as the result of the conversion of housing projects covered by assistance under subsection (f)(2) to contracts for assistance under section 8 of the United States Hous- ing Act of 1937 or otherwise for the purpose of making assistance payments, including amendments as provided in subsection (h), with respect to housing projects assisted, but not subject to mortgages insured, under this section that remain covered by assistance under subsection (fK2).". RENT SUPPLEMENT PROGRAM SEC. 219. (a) Section 101(g) of the Housing and Urban Development Act of 1965 is amended by adding at the end thereof the following: "To ensure that qualified tenants occupying that number of unite with respect to which assistance was being provided under this section immediately prior to the date of enactment of this sentence receive the benefit of assistance contracted for under this section, the Secretary shall offer annually to amend contracte entered into with owners of projects assisted under this section but not subject to mortgages insured under title II of the National Housing Act to 12 USC 1707. provide sufficient paymente to cover up to 90 per centum of the necessary rent increases and changes in the incomes of qualified tenants, subject to the availability of authority for such purpose under section 5(c) of the United States Housing Act of 1937. The ^^te, p. 1176. Secretary shall take such actions as may be necessary to ensure that paymente, including paymente that reflect necessary rent increases and changes in the incomes of tenants, are made on a timely basis for all unite covered by contracte entered into under this section.". (b) Section 101(1) of such Act is amended by adding at the end Payments, thereof the following new sentence: "The Secretary shall utilize, to the extent necessary after September 30, 1984, any authority under this section that is recaptured either as the result of the conversion of housing projecte covered by assistance under this section to contracts for assistance under section 8 of the United States Hous- ing Act of 1937 or otherwise (1) for the purpose of making assistance 42 USC 1437f. paymente, including amendments as provided in subsection (g), with Contracts and payments. 12 USC 1701s.

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 97 STAT. 1188 PUBLIC LAW 98-181—NOV. 30, 1983 12 USC 1701. 12 USC 1715Z-1. respect to housing projects assisted under this section, but not subject to mortgages insured under the National Housing Act, that remain covered by assistance under this section; and (2) if not required to provide assistance under this section, and notwithstand- ing any other provision of law, for the purpose of contracting for assistance payments under section 236(£K2) of the National Housing Act.". Transmittal to Congress. 42 USC 1437f. 42 USC 5301. REPORT REGARDING HOUSING NEIGHBORHOOD STRATEGY AREA PROGRAM SEC. 220. Not later than the expiration of the one hundred twenty- day period following the date of the enactment of this Act, the Secretary shall transmit to the Congress a report with respect to the program established by the Secretary to provide assistance under section 8 of the United States Housing Act of 1937 to units of general local government in areas where concentrated housing and community development block-grant assisted physical development and public service activities are conducted under title I of the Housing and Community Development Act of 1974. Such report shall include the following information for each unit of general local government selected to participate in such program: (1) the total number of dwelling units located in such unit of general local government that have been initially reserved by the Secretary for assistance under such program, and any subsequent revision of such number; (2) the total amount of funds pledged by such unit of general local government for all public improvements and services, and actual and future expenditures, in connection with such program; (3) the status of the dwelling units located in such unit of general local government that have been initially reserved by the Secretary for assistance under such program, including the number of units completed and occupied; (4) the total number of dwelling units required to complete each local program, as estimated by such unit of general local government; and (5) the total number of local programs considered completed by such unit of general local government. 42 USC 602 note. 42 USC 601. 42 USC 1437 note. 12 USC 1715Z-1. 12 USC 1701Z-6 note. CONSIDERATION OF UTIUTY 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 chapter A of title IV of the Social Security Act, any utility payment, up to the utility allowance, made 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 rental payment. PUBLIC HOUSING CHILD CARE DEMONSTRATION PROGRAM SEC. 222. (a) The Secretary of Housing and Urban Development (hereinafter referred to as the "Secretary") shall carry out a demon- stration program to determine the feasibility of using public housing facilities in the provision of child care services for lower income

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Page:United States Statutes at Large Volume 97.djvu/1221

 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1189 families who reside in public housing. The Secretary shall design such program to determine the extent to which the availability of child care services in lower income housing projects facilitates the employability of the heads of such families and their spouses. (b) To carry out the demonstration under this section, the Secre- tary shall authorize the use of public housing agency facilities located in areas where— (1) the units of general local government have indicated that funds under title I of the Housing and Community Development Act of 1974 will be made available to make minor renovations to the facilities to make them suitable for usc as child care facili- ties, and to support child care services in such facilities; (2) the public housing agency does not have a child care services program in operation prior to the demonstration pro- gram under this section; (3) the proposed child care services program will serve pre- school children during the day, elementary school children after school, or both, in order to permit eligible persons who head the families of such children to obtain, retain, or train for employment; (4) the proposed child care services program of such public housing agency is designed, to the extent practicable, to involve the participation of the parents of children benefiting from such program, and to employ in part-time positions elderly individ- uals who reside in the lower income housing project involved; and (5) the proposed child care services program of such public housing agency will comply with all applicable State and local laws, regulations, and ordinances. (c) The Secretary shall conduct periodic evaluations of each child care services demonstration carried out under this section for pur- poses of determining the effectiveness of such demonstration in providing child care services and permitting eligible persons who head lower income families and their spouses residing in public housing to obtain, retain, or train for employment. (d) Nothing in this section may be construed as authorizing the Secretary to establish any health, safety, educational, or other standards with respect to child care services or facilities assisted with grants received under this section. (e) Not later than the expiration of the two-year period following the date of enactment of this Act, the Secretary shall prepare and submit to the Congress a detailed report setting forth the findings and conclusions of the Secretary as a result of carrying out the demonstration program established in this section. Such report shall include any recommendations of the Secretary with respect to the establishment of a permanent program of using public housing facilities to be used in providing child care services in lower income housing projects. 42 USC 5301. Evaluations. Report to Congress. Recommend- ations. HOUSING FOR THE ELDERLY AND HANDICAPPED SEC. 223. (a)(1) Section 202(a)(3) of the Housing Act of 1959 is amended by inserting the following before the period at the end thereof: ", except that such interest rate plus such allowance shall not exceed 9.25 per centum per annum". 12 USC ITOlq.

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Page:United States Statutes at Large Volume 97.djvu/1222

 97 STAT. 1190 PUBLIC LAW 98-181—NOV. 30, 1983 12 USC 1701q note. 12 USC ITOlq. Efficiency units. Per unit cost limitations. Prepayme nt and transfer. (2) The amendment made by paragraph (1) shall apply only with respect to loan agreements entered into after September 30, 1982, and prior to October 1, 1984. (b) Section 202(a)(4)(B)(i) of such Act is amended— (1) by striking out "and" after "1980," in the first sentence; and (2) by inserting ", to $6,400,000,000 on October 1, 1983, and to such sum as may be approved in an appropriation Act on October 1, 1985," after "1981". (c) Section 202(a)(4)(C) of such Act is amended by striking out "$850,848,000" and "1982" in the second sentence and inserting in lieu thereof "$666,400,000" and "1984", respectively. (d) Section 202(h) of such Act is amended— (1) by striking out "1978" and inserting in lieu thereof "1983"; (2) by inserting before the period at the end of the first sentence the following: ", and persons described in subpara- graphs (B) and (C) of subsection (d)(4) who have been released from residential health treatment facilities"; (3] in paragraph (1), by striking out "handicapped persons" and'inserting in lieu thereof "persons dpscribed in the first sentence of this subsection"; (4) in paragraph (2), by striking out "handicapped persons" and inserting in lieu thereof "persons described in the first sentence of this subsection who are"; (5) in paragraph (1), by striking out "and" at the end thereof; (6) in paragraph (2), by striking out the period at the end thereof and inserting in lieu thereof "; and". (e) Section 202 of such Act is amended by adding at the end thereof the following new subsections: "(i)(1) Unless otherwise requested by the sponsor, a maximum of 25 per centum of the units in a project financed under this section may be efficiency units, subject to a determination by the Secretary that such units are appropriate for the elderly or handicapped population residing in the vicinity of such project or to be served by such project. "(2) The Secretary may require a sponsor of a housing project financed with a loan under this section to deposit an amount not to exceed $10,000 in a special escrow account to assure the commit- ment and long-term management capabilities of such sponsor. "(3) In establishing per unit cost limitations for purposes of this section, the Secretary shall take into account design features neces- sary to meet the needs of elderly and handicapped residents, and such limitations shall reflect the cost of providing such features. The Secretary shall adjust the per unit cost limitations in effect on January 1, 1983, not less than once annually to reflect changes in the general level of construction costs. "(j)(1) The Secretary may not approve the prepayment of any loan made under this section, or transfer such loan, unless such prepay- ment or transfer is made as part of a transaction that will ensure that the project involved will continue to operate until the original maturity date of such loan in a manner that will provide rental housing for the elderly and handicapped on terms at least as advantageous to existing and future tenants as the terms required by the original loan agreement entered into under this section and any other loan agreements entered into under other provisions of law.

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Page:United States Statutes at Large Volume 97.djvu/1223

 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1191 "(2) The Secretary may not sell any mortgage held by the Secre- tai^ as security for a loan made under this section. (k)(1) In the process of selecting projects for loans under this section, the Secretary shall assure the inclusion of special design features and congregate space if necessary to meet the special needs of elderly and handicapped residents. "(2) The Secretary shall encourage the provision of small and scattered site group homes and independent living faMities for nonelderly handicapped persons and families. "(1) The basis for selection of a contractor to be employed in the development or construction of a project^assisted under this section shall be determined by the proiect sponsor or borrower if the development cost of the project is less than $2,000,000, if the project rentals will be less than 110 per centum of the fair market rent applicable to projects financed under this section, or if the sponsor of the project is a labor organization. ^ "(m) Nothing in this section authorizes the Secretary to prohibit any sponsor from voluntarily providing funds from other sources for amenities and other features of appropriate design and construction suitable for inclusion in such project if the cost of such cunenities is (1) not financed with the loan, and (2) not taken into account in determining the amount of Federal subsidy or of the rent contribu- tion of tenants.". CONGREGATE SERVICES SEC. 224. (a) Section 408 of the Congregate Housing Services Act of 1978 is amended by adding at the end thereof the following new subsection: "(c) Not later than March 15, 1984, the Secretary shall prepare and submit to the Congress a report evaluating the effects of any change§ in the administration of the congregate housing services program established in this title which have occurred since January 1, 1983. Such report shall include an evaluation by the Secretary of the reorganization or decentralization of the administration of such program, and any legislative recommendations of the Secretary for the establishment of a permanent congregate housing services pro- gram and the reasons for such recommendations.". (b) Section 411(a) of the Congregate Housing Services Act of 1978 is amended— (1) by striking out "and" &t the end of paragraph (3); (2) by striking out the period at the end of paragraph (4); and (3) by adding the following at the end thereof: "(5) for fiscal year 1984, not to exceed $4,000,000; and "(6) for fiscal year 1985, such sums as may be necessary.". Selection of contractor. Report to Congress. 42 USC 8007. 42 USC 8010. DEMONSTRATION PROJECT SEC. 225. (a) The Congress finds that— (1) the Department of Health and Human Services spends in excess of $5,000,000,000 annually for housing in the form of allowances for shelter for public assistance recipients; (2) States administering the Department of Health and Human Services public assistance program often specify shelter allowances that have little relationship to the cost or the quality of the housing in which public assistance recipients live; (3) at least 30 per centum of public assistance recipients live in substandard housing; 12 USC 1701Z-6 note.

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Page:United States Statutes at Large Volume 97.djvu/1224

 97 STAT. 1192 PUBLIC LAW 98-181—NOV. 30, 1983 (4) the older rental buildings in which many public assistance recipients live are in those neighborhoods that need the assist- ance of the programs of the Department of Housing and Urban Development for preservation and rehabilitation; and (5) there is the potential for improving housing for many lower income families by coordinating State and local govern- ment efforts in order to assure that families receiving public assistance payments from the Department of Health and Human Services are able to live in decent, safe, and sanitary housing. (b) The purpose of this section, therefore, is to provide assistance to units of general local government and their designated agencies in order to develop a program that will— (1) encourage the upgrading of housing occupied primarily by lower income families, including families receiving assistance under the aid for families with dependent children program 42 USC 601. established under title IV of the Social Security Act; and (2) provide for better coordination at the local level of the efforts to assist families receiving public assistance from the Department of Health and Human Services so that these fami- lies will be able to occupy affordable housing that is decent, safe, and sanitary and that, if necessary, is rehabilitated with funds provided by the Department of Housing and Urban Development. (c) The Secretary of Housing and Urban Development (hereafter referred to in this section as the "Secretary") shall, to the extent approved in appropriation Acts, establish and maintain a demon- stration project to carry out the purpose described in subsection (b). Grants. (d) In carrying out such project, the Secretary shall make grants to units of general local government, or designated agencies thereof, to carry out administrative plans approved by the Secretary in accordance with subsection (e), and the Secretary may make grants to States to provide technical assistance for the purpose of assisting such units of general local government to develop and carry out such plans. Grants. (e)(l) Grants may be made to States and units of general local government and agencies thereof that apply for them in a manner and at a time determined by the Secretary and that, in the case of units of general local government and their agencies, are selected on the basis of an administrative plan described in such application. (2) No such administrative plan shall be selected by the Secretary unless it sets forth a plan for local government activities that are designed to— (A) require or encourage owners of rental housing occupied by lower income families to bring such housing into compliance with local housing codes; (B) provide technical assistance, loans, or grants to assist owners described in subparagraph (A) to undertake cost-effec- tive improvements of such housing; (C) work with the State to establish and implement a schedule of local shelter allowances for recipients of assistance under 42 USC 601. title IV of the Social Security Act based on building quality that will be applicable to buildings involved in this program; and (D) coordinate local housing inspection, housing rehabilitation loan or grant assistance, rental assistance, and social service programs for the purpose of improving the quality and afford- ability of housing for lower income families.

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Page:United States Statutes at Large Volume 97.djvu/1225

 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1193 (3) Funds received from any grant made by the Secretary to a unit of general local government shall be made available for usc accord- ing to the administrative plans and may be used for— (A) technical assistance or financial assistance to property owners to upgrade housing projects described in paragraph (2)(A) of this subsection; (B) temporary rental assistance to families who live in build- ings assisted under this program and who are eligible for, but are not receiving, assistance under section 8 of the United States Housing Act of 1937, except that such families shall not include families receiving assistance under title IV of the Social Security Act, and the amount of such rental assistance may not exceed 20 per centum of each grant received under this section; (C) housing counseling and referral and other housing related services; (D) expenses incurred in administering the program carried out with funds received under this section, except that such expenses may not exceed 10 per centum of the grant received under this section; and (E) other appropriate activities that are consistent with the purposes of this section and that are approved by the Secretary. (0 Any recipient of a grant from the Secretary under this section shall agree to— (1) contribute to the program an amount equal to 15 per centum of the funds received from the Secretary under this section, and the Secretary shall permit the recipient to meet this requirement by the contribution of the value of services carried out specifically in connection with the program assisted under this section; (2) permit the Secretary and the General Accounting Office to audit its books in order to assure that the funds received under this section are used in accordance with the section; and (3) other terms and conditions prescribed by the Secretary for the purpose of carrying out this section in an effective and efficient msinner. (g) In making grants available under this section, the Secretary shall select as recipients at least 20 units of general local govern- ment (or their designated agencies). The selection of proposals for funding shall be based on criteria that result in a selection of projects that will enable the Secretary to carry out the purpose of this section in an effective and efficient manner and provide a sufficient amount of data necessary to make an evaluation of the demonstration project carried out under this section. (h)(1) Not later than June 1, 1984, the Secretary shall transmit to the Congress an interim report on the implementation of the demon- stration under this section. (2) The Secretary shall transmit, not later than October 1, 1985, to both Houses of the Congress a detailed report concerning the find- ings and conclusions that have been reached by the Secretary as a result of carrying out this section, along with any legislative recom- mendations that the Secretary determines are necessary. (i) To carry out this section, there are authorized to be appropri- ated not to exceed $10,000,000 during fiscal year 1984, and not to exceed $15,000,000 during fiscal year 1985, to remain available until expended. 42 USC 1437f. 42 USC 601. Reports to Congress.

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Page:United States Statutes at Large Volume 97.djvu/1226

 97 STAT. 1194 PUBLIC LAW 98-181—NOV. 30, 1983 12 USC 1715z. Homeowner assistance fund. 42 USC 1437c. eommitments and reservations. SECTION 235 HOMEOWNERSHIP ASSISTANCE SEC. 226. (a) Section 235(c)(l) of the National Housing Act is amended— (1) by striking out "The" in the first sentence and inserting in lieu thereof "Subject to the second sentence of this paragraph, the"; and (2) by inserting after the first sentence the following new sentence: "Assistance payments pursuant to any new contract entered into after September 30, 1983, that utilizes authority approved in appropriation Acts for any fiscal year beginning after such date may not be made for more than ^ 10-year period.". (b) Section 235(c) of such Act is amended by adding at the end thereof the following new paragraph: "(3)(A) There hereby is established in the Treasury of the United States a fund, which, to the extent approved in appropriation Acts, may be used by the Secretary for purposes of carrying out subpara- graph (B). There shall be deposited into such fund (i) any amount recaptured under paragraph (2); (ii) any authority to make assist- ance payments under subsection (a) that is committed for usc in a contract but is unused because the mortgage loan, or advance of credit involved is refinanced or because such assistance payments are terminated or suspended for other reasons before the original termination date of such contract; and (iii) any amount received under subparagraph (C). "(Bf) In th^ase of any homeowner whose assistance payments are terminated by reason of the 10-year limitation referred to in para- graph (1), and who is determined by the Secretary to be unable to assumeptthe full payments due under the mortgage, loan, or advance of credit involved, the Secretary shall, to the extent of the availabil- ity of amounts in the fund estabhshed in subparagraph (A), contract to make, and make, continued assistance payments on behalf of such homeowner. Such continued assistance payments shall be made in an amount determined in accordance with the applicable provisions of paragraph (1) or subsection (a)(2)(B) arid for such period as the Secretary determines to be appropriate. "(C) Any amounts in such fund determined by the Secretary to be in excess of the amounts currently required to carry out the provi- sions of subparagraph (B) shall be invested by the Secretary in obligations of, or obligations guaranteed as to both principal and interest by, the United States or any agency of the United States.". (c) Section 235(h)(l) of such Act is amended— (1) by striking out "and" after "1971," in the second sentence; (2) by inserting the following before the period at the end of such sentence: ", and by such sums as may be approved in an appropriation Act on or after October 1, 1983 (from the addi- tional authority to enter into contracts made available on such date under the first sentence of section 5(c)(l) of the United States Housing Act of 1937)"; and (3) by inserting the following new sentences after the second sentence: "The aggregate amount that may be obligated over the duration of the contracts entered into with the authority provided on or after October 1, 1983, may not exceed such sums of new budget authority as may be appropriated after the date of enactment of this sentence. The Secretary shall begin issuing new commitments and reservations to provide mortgage insur-

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Page:United States Statutes at Large Volume 97.djvu/1227

 PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1195 ance and assistance payments under this section before the expiration of the 30-day period following the approval in any appropriation Act of budget authority for this section after the date of the enactment of this sentence.". (d) Section 235(i) of such Act is amended— 12 USC 17l5z. (1) in paragraph (3)(A)— (A) by striking the word "two-family" and inserting "three-family" in lieu thereof; and (B) by inserting the words "or a two-family" before the word "dwelling" the first time it appears; (2) in paragraph (3)(D)— (A) by inserting the words "or three-family" before the word "dwelling"; (B) by striking the figure "$55,000" and inserting "$60,000" in lieu thereof; and (C) by striking the figure "$61,250" and inserting "$66,250" in lieu thereof; and (3) by adding at the end thereof the following new paragraphs: Insurance. "(4) In insuring eligible mortgages under this subsection, the Secretary may not deny insurance on the basis that a mortgage involves a two- to three-family dwelling or is to be used to finance substantial rehabilitation rather than new construction. "(5) As a condition of insuring a mortgage on a two- to three- family dwelling, the Secretary shall require the mortgagor (A) not to discriminate against prospective tenants on the basis of their receipt of or eligibility for housing assistance under any Federal, State or local housing assistance program and (B) to agree that during the term of the mortgage each of the rental units shall be occupied by, or available for occupancy by, persons and families whose incomes do not exceed 100 per centum of the area median income.". (e) Section 235(j) of such Act is amended— (1) in paragraph (6) by striking out "two-family" and inserting "two- to three-family" in lieu thereof; and (2) by adding at the end thereof the following new paragraph: Insurance. "(9) In insuring eligible mortgages under this subsection, the Secretary may not deny insurance on the basis that a mortgage involves a two- to three-family dwelling or is to be used to finance substantial rehabilitation rather than new construction.". PET OWNERSHIP IN ASSISTED RENTAL HOUSING FOR THE ELDERLY OR HANDICAPPED SEC. 227. (a) No owner or manager of any federally assisted rental 12 USC I701r-1. housing for the elderly or handicapped may— (1) as a condition of tenancy or otherwise, prohibit or prevent any tenant in such housing from owning common household pets or having common household pets living in the dwelling accommodations of such tenant in such housing; or (2) restrict or discriminate against any person in connection with admission to, or continued occupancy of, such housing by reason of the ownership of such pets by, or the presence of such pets in the dwelling accommodations of, such person. (b)(1) Not later than the expiration of the twelve-month period Regulations. following the date of the enactment of this Act, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue such regulations as may be necessary to ensure (A) compliance with the provisions of subsection (a) with respect to any

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14 the poor animars nose. A moderate flow of blood from the nostrils, perhaps half a pint, was the consequence. After this, he took a quarter of a pint of brandy and poured it into the animal's ears, which seemed to distress or to please it, I could hardly tell which, exceedingly. He then let go her head, which she stooped and shook violently, and then remarking to me, "está buena," she is all right, he was about to replace the bridle and saddle, which, however, I would not permit, but left her to come on with the baggage which was behind us a small distance on the road: this animal never suffered any inconvenience during the rest of the journey. The phleme used upon the occasion was, it appears, as efficient as it was calculated for the contingencies which travellers are likely to experience in a country so thinly peopled. The application of the brandy in the ear I was the less surprised at, as it is used in Mexico as a constant, and, I believe, specific remedy for the most violent