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a housing assistance payment contract for project-based assistance pursuant to this paragraph.
(ii) Exceptions: The limitation under clause (i) shall not apply in the case of assistance under a
contract for housing consisting of single family properties or for dwelling units that are specifically made
available for households comprised of elderly families, disabled families, and families receiving
supportive services.
(E) Resident choice requirement: A housing assistance payment contract pursuant to this
paragraph shall provide as follows:
(i) Mobility: Each low-income family occupying a dwelling unit assisted under the contract may move
from the housing at any time after the family has occupied the dwelling unit for 12 months.
(ii) Continued assistance: Upon such a move, the public housing agency shall provide the
low-income family with tenant-based rental assistance under this section or such other tenant-based
rental assistance that is subject to comparable income, assistance, rent contribution, affordability, and
other requirements, as the Secretary shall provide by regulation. If such rental assistance is not
immediately available to fulfill the requirement under the preceding sentence with respect to a
low-income family, such requirement may be met by providing the family priority to receive the next
voucher or other tenant-based rental assistance amounts that become available under the program
used to fulfill such requirement.
(F) Contract term: A housing assistance payment contract pursuant to this paragraph between a
public housing agency and the owner of a structure may have a term of up to 10 years, subject to the
availability of sufficient appropriated funds for the purpose of renewing expiring contracts for assistance
payments, as provided in appropriations Acts and in the agency's annual contributions contract with the
Secretary, and to annual compliance with the inspection requirements under paragraph (8), except that
the agency shall not be required to make annual inspections of each assisted unit in the development.
The contract may specify additional conditions for its continuation. If the units covered by the contract
are owned by the agency, the term of the contract shall be agreed upon by the agency and the unit of
general local government or other entity approved by the Secretary in the manner provided under
paragraph (11).
(G) Extension of contract term: A public housing agency may enter into a contract with the owner
of a structure assisted under a housing assistance payment contract pursuant to this paragraph to
extend the term of the underlying housing assistance payment contract for such period as the agency
determines to be appropriate to achieve long-term affordability of the housing or to expand housing
opportunities. Such a contract shall provide that the extension of such term shall be contingent upon
the future availability of appropriated funds for the purpose of renewing expiring contracts for
assistance payments, as provided in appropriations Acts, and may obligate the owner to have such
extensions of the underlying housing assistance payment contract accepted by the owner and the
successors in interest of the owner.
(H) Rent calculation: A housing assistance payment contract pursuant to this paragraph shall
establish rents for each unit assisted in an amount that does not exceed 110 percent of the applicable
fair market rental (or any exception payment standard approved by the Secretary pursuant to paragraph
(1)(D)), except that if a contract covers a dwelling unit that has been allocated low-income housing tax
credits pursuant to section 42 of the Internal Revenue Code of 1986 (26 U.S.C. 42) and is not located in
a qualified census tract (as such term is defined in subsection (d) of such section 42), the rent for such
unit may be established at any level that does not exceed the rent charged for comparable units in the
building that also receive the low-income housing tax credit but do not have additional rental assistance.
The rents established by housing assistance payment contracts pursuant to this paragraph may vary
2 of 8
10/19/2000 1:24 PM
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"ocrText": "http://thomas.loc.gov/cgi-bin/query/D?r106:1:./temp/~r1061BFp7F:e92738\na housing assistance payment contract for project-based assistance pursuant to this paragraph.\n(ii) Exceptions: The limitation under clause (i) shall not apply in the case of assistance under a\ncontract for housing consisting of single family properties or for dwelling units that are specifically made\navailable for households comprised of elderly families, disabled families, and families receiving\nsupportive services.\n(E) Resident choice requirement: A housing assistance payment contract pursuant to this\nparagraph shall provide as follows:\n(i) Mobility: Each low-income family occupying a dwelling unit assisted under the contract may move\nfrom the housing at any time after the family has occupied the dwelling unit for 12 months.\n(ii) Continued assistance: Upon such a move, the public housing agency shall provide the\nlow-income family with tenant-based rental assistance under this section or such other tenant-based\nrental assistance that is subject to comparable income, assistance, rent contribution, affordability, and\nother requirements, as the Secretary shall provide by regulation. If such rental assistance is not\nimmediately available to fulfill the requirement under the preceding sentence with respect to a\nlow-income family, such requirement may be met by providing the family priority to receive the next\nvoucher or other tenant-based rental assistance amounts that become available under the program\nused to fulfill such requirement.\n(F) Contract term: A housing assistance payment contract pursuant to this paragraph between a\npublic housing agency and the owner of a structure may have a term of up to 10 years, subject to the\navailability of sufficient appropriated funds for the purpose of renewing expiring contracts for assistance\npayments, as provided in appropriations Acts and in the agency's annual contributions contract with the\nSecretary, and to annual compliance with the inspection requirements under paragraph (8), except that\nthe agency shall not be required to make annual inspections of each assisted unit in the development.\nThe contract may specify additional conditions for its continuation. If the units covered by the contract\nare owned by the agency, the term of the contract shall be agreed upon by the agency and the unit of\ngeneral local government or other entity approved by the Secretary in the manner provided under\nparagraph (11).\n(G) Extension of contract term: A public housing agency may enter into a contract with the owner\nof a structure assisted under a housing assistance payment contract pursuant to this paragraph to\nextend the term of the underlying housing assistance payment contract for such period as the agency\ndetermines to be appropriate to achieve long-term affordability of the housing or to expand housing\nopportunities. Such a contract shall provide that the extension of such term shall be contingent upon\nthe future availability of appropriated funds for the purpose of renewing expiring contracts for\nassistance payments, as provided in appropriations Acts, and may obligate the owner to have such\nextensions of the underlying housing assistance payment contract accepted by the owner and the\nsuccessors in interest of the owner.\n(H) Rent calculation: A housing assistance payment contract pursuant to this paragraph shall\nestablish rents for each unit assisted in an amount that does not exceed 110 percent of the applicable\nfair market rental (or any exception payment standard approved by the Secretary pursuant to paragraph\n(1)(D)), except that if a contract covers a dwelling unit that has been allocated low-income housing tax\ncredits pursuant to section 42 of the Internal Revenue Code of 1986 (26 U.S.C. 42) and is not located in\na qualified census tract (as such term is defined in subsection (d) of such section 42), the rent for such\nunit may be established at any level that does not exceed the rent charged for comparable units in the\nbuilding that also receive the low-income housing tax credit but do not have additional rental assistance.\nThe rents established by housing assistance payment contracts pursuant to this paragraph may vary\n2 of 8\n10/19/2000 1:24 PM"
}