for a period of time sufficient to give tenants 180 days of advance notice under such terms and conditions as the Secretary may require.

(D)1 Any notice under this paragraph shall also comply with any additional requirements established by the Secretary.

(E)1 For purposes of this paragraph, the term "termination" means the expiration of the assistance contract or an owner's refusal to renew the assistance contract, and such term shall include termination of the contract for business reasons.

(d)(1) Contracts to make assistance payments entered into by a public housing agency with an owner of existing housing units shall provide (with respect to any unit) that—

(A) the selection of tenants shall be the function of the owner, subject to the annual contributions contract between the Secretary and the agency, except that with respect to the certificate and moderate rehabilitation programs only, for the purpose of selecting families to be assisted, the public housing agency may establish local preferences, consistent with the public housing agency plan submitted under section 5A by the public housing agency;

(B)(i) the lease between the tenant and the owner shall be for at least one year or the term of such contract, whichever is shorter, and shall contain other terms and conditions specified by the Secretary;

(ii) during the term of the lease, the owner shall not terminate the tenancy except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause;

(iii) during the term of the lease, any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants, any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises, or any drug-related criminal activity on or near such premises, engaged in by a tenant of any unit, any member of the tenant's household, or any guest or other person under the tenant's control, shall be cause for termination of tenancy;

(iv) any termination of tenancy shall be preceded by the owner's provision of written notice to the tenant specifying the grounds for such action; and

(v)2 it shall be cause for termination of the tenancy of a tenant if such tenant

(I) is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; or

1 See footnote 1 on the preceding page.

2 Indented so in law.

(II) is violating a condition of probation or parole imposed under Federal or State law;

(C) maintenance and replacement (including redecoration) shall be in accordance with the standard practice for the building concerned as established by the owner and agreed to by the agency; and

(D) the agency and the owner shall carry out such other appropriate terms and conditions as may be mutually agreed to by them.

(2)(A)1 Each contract for an existing structure entered into under this section shall be for a term of not less than one month nor more than one hundred and eighty months. The Secretary shall permit public housing agencies to enter into contracts for assistance payments of less than 12 months duration in order to avoid disruption in assistance to eligible families if the annual contributions contract is within 1 year of its expiration date.

(B)(i) In determining the amount of assistance provided under an assistance contract for project-based assistance under this paragraph or a contract for assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of this Act (as such section existed immediately before October 1, 1983), the Secretary may consider and annually adjust, with respect to such project, for the cost of employing or otherwise retaining the services of one or more service coordinators under section 6612 of the Housing and Community Development Act of 1992 to coordinate the provision of any services within the project for residents of the project who are elderly or disabled families.

(ii) The budget authority available under section 5(c) for assistance under this section is authorized to be increased by $15,000,000 on or after October 1, 1992, and by $15,000,000 on or after October 1, 1993. Amounts made available under this subparagraph shall be used to provide additional amounts under annual contributions contracts for assistance under this section which shall be made available through assistance contracts only for the purpose of providing service coordinators under clause (i) for projects receiving project-based assistance under this paragraph and to provide additional amounts under contracts for assistance for projects constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of this Act (as such section existed immediately before October 1, 1983) only for such pur

pose.

(C)3 An assistance contract for project-based assistance under this paragraph shall provide that the owner shall ensure and maintain compliance with subtitle C of title VI of the

'Section 550(a)(4) of the Quality Housing and Work Responsibility Act of 1998, title V of Public Law 105-276, approved October 21, 1998, amended this paragraph by striking material in subparagraphs (A) and (H), striking subparagraphs (B) through (E) (relating to project-based assistance), and redesignating accordingly. Pursuant to section 503 of such Act (set forth in the footnote on page 114 of this compilation), the amendments were made on the date of enactment (and, therefore, the paragraph is shown as amended), but apply beginning upon October 1, 1999. Section 503 also provides that the provisions of this paragraph, as in effect immediately before the enactment of the 1998 Act, continue to apply until such applicability date (unless the Secretary provides by notice for earlier implementation of the amendments). 2So in law. Probably intended to refer to section 671 of such Act.

'Indented so in law.

Housing and Community Development Act of 1992 and any regulations issued under such subtitle.

(D)1 An owner of a covered section 8 housing project (as such term is defined in section 659 of the Housing and Community Development Act of 1992) may give preference for occupancy of dwelling units in the project, and reserve units for occupancy, in accordance with subtitle D of title VI of the Housing and Community Development Act of 1992.

(3) Notwithstanding any other provision of law, with the approval of the Secretary the public housing agency administering a contract under this section with respect to existing housing units may exercise all management and maintenance responsibilities with respect to those units pursuant to a contract between such agency and the owner of such units.

(4) A public housing agency that serves more than one unit of general local government may, at the discretion of the agency, in allocating assistance under this section, give priority to disabled families that are not elderly families.

1

(5)1 CALCULATION OF LIMIT.-Any contract entered into under section 514 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 shall be excluded in computing the limit on project-based assistance under this subsection.

(6) 2 TREATMENT OF COMMON AREAS.-The Secretary may not provide any assistance amounts pursuant to an existing contract for project-based assistance under this section for a housing project and may not enter into a new or renewal contract for such assistance for a project unless the owner of the project provides consent, to such local law enforcement agencies as the Secretary determines appropriate, for law enforcement officers of such agencies to enter common areas of the project at any time and without advance notice upon a determination of probable cause by such officers that criminal activity is taking place in such areas.

(e)(1) Nothing in this Act shall be deemed to prohibit an owner from pledging, or offering as security for any loan or obligation, a contract for assistance payments entered into pursuant to this section: Provided, That such security is in connection with a project constructed or rehabilitated pursuant to authority granted in this section, and the terms of the financing or any refinancing have been approved by the Secretary.

[(2) [Repealed.]] 3

(f) As used in this section

(1) the term "owner" means any private person or entity, including a cooperative, an agency of the Federal Government,

1 Indented so in law.

2 This paragraph was added by section 552 of the Quality Housing and Work Responsibility Act of 1998, title V of Public Law 105-276, approved October 21, 1998. Pursuant to section 503 of such Act (set forth in the footnote on page 114 of this compilation), the amendment was made on the date of enactment, but applies beginning upon October 1, 1999.

3 Section 289(a) of the Cranston-Gonzalez National Affordable Housing Act, Public Law 101625, provides that no new grants shall be made under this paragraph after October 1, 1991. except for funds allocated for single room occupancy dwellings as authorized by title IV of the Stewart B. McKinney Homeless Assistance Act. Section 289(b) of such Act repealed this paragraph, effective on October 1, 1991, except with respect to single-room occupancy dwellings under title IV of the Stewart B. McKinney Homeless Assistance Act.

The provisions of this paragraph, as in effect on the date of such repeal, are set forth in the footnote to section 441 of the Stewart B. McKinney Homeless Assistance Act, found in part VI of this compilation.

or a public housing agency, having the legal right to lease or sublease dwelling units;

(2) the terms "rent" or "rental" mean, with respect to members of a cooperative, the charges under the occupancy agreements between such members and the cooperative;

(3) the term "debt service" means the required payments for principal and interest made with respect to a mortgage secured by housing assisted under this Act;

(4) the term "participating jurisdiction" means a State or unit of general local government designated by the Secretary to be a participating jurisdiction under title II of the CranstonGonzalez National Affordable Housing Act;

(5) the term "drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(6) the term "project-based assistance" means rental assistance under subsection (b) that is attached to the structure pursuant to subsection (d)(2) or (o)(13) 1; and

(7)2 the term "tenant-based assistance" means rental assistance under subsection (o) that is not project-based assistance and that provides for the eligible family to select suitable housing and to move to other suitable housing.

(g) Notwithstanding any other provision of this Act, assistance payments under this section may be provided, in accordance with regulations prescribed by the Secretary, with respect to some or all of the units in any project approved pursuant to section 202 of the Housing Act of 1959.

(h) Sections 5(e) and 6 (except as provided in section 6(j)(3)) 3 and any other provisions of this Act which are inconsistent with the provisions of this section shall not apply to contracts for assistance entered into under this section.

(i) The Secretary may not consider the receipt by a public housing agency of assistance under section 811(b)(1) of the Cranston-Gonzalez National Affordable Housing Act, or the amount received, in approving assistance for the agency under this section or determining the amount of such assistance to be provided.

[(j) [Repealed.]] 4

'Section 545(b) of the Quality Housing and Work Responsibility Act of 1998, title V of Public Law 105-276, approved October 21, 1998, amended this paragraph by inserting the reference to subsection (o)13). Pursuant to section 503 of such Act (set forth in the footnote on page 114 of this compilation), the amendment was made on the date of enactment, but applies beginning upon October 1, 1999.

2Section 550(a)(5) of the Quality Housing and Work Responsibility Act of 1998, title V of Public Law 105-276, approved October 21, 1998, amended this paragraph by striking a reference to subsection (b) and adding the references at the end to suitable housing. Pursuant to section 503 of such Act (set forth in the footnote on page 114 of this compilation), the amendments were made on the date of enactment (and, therefore, the paragraph is shown as amended), but apply beginning upon October 1, 1999. Section 503 also provides that the provisions of this paragraph, as in effect immediately before the enactment of the 1998 Act, continue to apply until such applicability date (unless the Secretary provides by notice for earlier implementation of the amendments).

* Section 565(c) of the Quality Housing and Work Responsibility Act of 1998, title V of Public Law 105-276, approved October 21, 1998, amended this subsection by inserting "(except as provided in section 6(X3))" after "section 6". The amendment could not be executed.

Paragraphs (6) and (7) of section 550(a) of the Quality Housing and Work Responsibility Act of 1998, title V of Public Law 105-276, approved October 21, 1998, amended this section by Continued

(k) The Secretary shall establish procedures which are appropriate and necessary to assure that income data provided to public housing agencies and owners by families applying for or receiving assistance under this section is complete and accurate. In establishing such procedures, the Secretary shall randomly, regularly, and periodically select a sample of families to authorize the Secretary to obtain information on these families for the purpose of income verification, or to allow those families to provide such infor mation themselves. Such information may include, but is not lim ited to, data concerning unemployment compensation and Federal income taxation and data relating to benefits made available under the Social Security Act, the Food Stamp Act of 1977, or title 38, United States Code. Any such information received pursuant to this subsection shall remain confidential and shall be used only for the purpose of verifying incomes in order to determine eligibility of families for benefits (and the amount of such benefits, if any) under this section.

[(1) [Repealed.]]
[(m) [Repealed.]]
[(n) [Repealed.]] 1

(0) 2 VOUCHER PROGRAM.-
(1) AUTHORITY.-

(A) IN GENERAL.-The Secretary may provide assistance to public housing agencies for tenant-based assistance using a payment standard established in accordance with subparagraph (B). The payment standard shall be used to determine the monthly assistance that may be paid for any family, as provided in paragraph (2).

(B) ESTABLISHMENT OF PAYMENT STANDARD.-Except as provided under subparagraph (D), the payment stand

striking subsections (j) and (n) (relating to assistance for manufactured homes and single room occupancy dwellings, respectively). Pursuant to section 503 of such Act (set forth in the footnote on page 114 of this compilation), the amendments were made on the date of enactment (and. therefore, the section is shown as amended), but apply beginning upon October 1, 1999. Section 503 also provides that the provisions of this section, as in effect immediately before the enactment of the 1998 Act, continue to apply until such applicability date (unless the Secretary provides by notice for earlier implementation of the amendments).

1 See footnote 4 on the preceding page.

2 Section 545(a) of the Quality Housing and Work Responsibility Act of 1998, title V of Public Law 105-276, approved October 21, 1998, amended this subsection to read as shown. Pursuant to section 503 of such Act (set forth in the footnote on page 114 of this compilation), the amend ment was made on the date of enactment (and, therefore, the new subsection is shown), but applies beginning upon October 1, 1999. Section 503 also provides that the provisions of this subsection, as in effect immediately before the enactment of the 1998 Act, continue to apply until such applicability date (unless the Secretary provides by notice for earlier implementation of the amendment).

However, subsections (d) and (e) of section 559 of such Act provide as follows: "(d) CONVERSION ASSISTANCE.

“(1) IN GENERAL.-The Secretary may provide for the conversion of assistance under the certificate and voucher programs under subsections (b) and (0) of section 8 of the United States Housing Act of 1937, as in effect before the applicability of the amendments made by this subtitle, to the voucher program established by the amendments made by this subtitle.

"(2) CONTINUED APPLICABILITY.-The Secretary may apply the provisions of the United States Housing Act of 1937, or any other provision of law amended by this subtitle, as those provisions were in effect immediately before the date of the enactment of this Act (except that such provisions shall be subject to any amendments to such provisions that may be contained in title II of this Act), to assistance obligated by the Secretary before October 1 1999, for the certificate or voucher program under section 8 of the United States Housing Act of 1937, if the Secretary determines that such action is necessary for simplification of program administration, avoidance of hardship, or other good cause.

"(e) EFFECTIVE DATE.-This section shall take effect on the date of the enactment of this Act.".