PHA project-based assistance

Official source

(A) In general A public housing agency may use amounts provided under an annual contributions contract under this subsection to enter into a housing assistance payment contract with respect to an existing, newly constructed, or rehabilitated project, that is attached to the project, subject to the limitations and requirements of this paragraph.

(B) Percentage limitation (i) In general Subject to clause (ii), a public housing agency may use for project-based assistance under this paragraph not more than 20 percent of the authorized units for the agency. (ii) Exception A public housing agency may use up to an additional 10 percent of the authorized units for the agency for project-based assistance under this paragraph, to provide units that house individuals and families that meet the definition of homeless under section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ), that house families with veterans, that provide supportive housing to persons with disabilities or elderly persons, that house eligible youths receiving assistance pursuant to subsection (x)(2)(B), or that are located in areas where vouchers under this subsection are difficult to use, as specified in subparagraph (D)(ii)(II). Any units of project-based assistance that are attached to units previously subject to federally required rent restrictions or receiving another type of long-term housing subsidy provided by the Secretary shall not count toward the percentage limitation under clause (i) of this subparagraph. The Secretary may, by regulation, establish additional categories for the exception under this clause.

(C) Consistency with PHA plan and other goals A public housing agency may approve a housing assistance payment contract pursuant to this paragraph only if the contract is consistent with— (i) the public housing agency plan for the agency approved under section 1437c–1 of this title ; and (ii) the goal of deconcentrating poverty and expanding housing and economic opportunities.

(D) Income-mixing requirement (i) In general Except as provided in clause (ii), not more than the greater of 25 dwelling units or 25 percent of the dwelling units in any project may be assisted under a housing assistance payment contract for project-based assistance pursuant to this paragraph. For purposes of this subparagraph, the term “project” means a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land. (ii) Exceptions (I) Certain families The limitation under clause (i) shall not apply to dwelling units assisted under a contract that are exclusively made available to elderly families, to eligible youths receiving assistance pursuant to subsection (x)(2)(B), or to households eligible for supportive services that are made available to the assisted residents of the project, according to standards for such services the Secretary may establish. (II) Certain areas With respect to areas in which tenant-based vouchers for assistance under this subsection are difficult to use, as determined by the Secretary, and with respect to census tracts with a poverty rate of 20 percent or less, clause (i) shall be applied by substituting “40 percent” for “25 percent”, and the Secretary may, by regulation, establish additional conditions. (III) Certain contracts The limitation under clause (i) shall not apply with respect to contracts or renewal of contracts under which a greater percentage of the dwelling units in a project were assisted under a housing assistance payment contract for project-based assistance pursuant to this paragraph on July 29, 2016 . (IV) Certain properties Any units of project-based assistance under this paragraph that are attached to units previously subject to federally required rent restrictions or receiving other project-based assistance provided by the Secretary shall not count toward the percentage limitation imposed by this subparagraph (D). (iii) Additional monitoring and oversight requirements The Secretary may establish additional requirements for monitoring and oversight of projects in which more than 40 percent of the dwelling units are assisted under a housing assistance payment contract for project-based assistance pursuant to this paragraph.

(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 (i) Term A housing assistance payment contract pursuant to this paragraph between a public housing agency and the owner of a project may have a term of up to 20 years, subject to— (I) the availability of sufficient appropriated funds for the purpose of renewing expiring contracts for assistance payments, as provided in appropriation Acts and in the agency’s annual contributions contract with the Secretary, provided that in the event of insufficient appropriated funds, payments due under contracts under this paragraph shall take priority if other cost-saving measures that do not require the termination of an existing contract are available to the agency; and (II) compliance with the inspection requirements under paragraph (8), except that the agency shall not be required to make biennial inspections of each assisted unit in the development. (ii) Addition of eligible units Subject to the limitations of subparagraphs (B) and (D), the agency and the owner may add eligible units within the same project to a housing assistance payments contract at any time during the term thereof without being subject to any additional competitive selection procedures. (iii) Housing under construction or recently constructed An agency may enter into a housing assistance payments contract with an owner for any unit that does not qualify as existing housing and is under construction or recently has been constructed whether or not the agency has executed an agreement to enter into a contract with the owner, provided that the owner demonstrates compliance with applicable requirements prior to execution of the housing assistance payments contract. This clause shall not subject a housing assistance payments contract for existing housing under this paragraph to such requirements or otherwise limit the extent to which a unit may be assisted as existing housing. (iv) Additional conditions The contract may specify additional conditions, including with respect to continuation, termination, or expiration, and shall specify that upon termination or expiration of the contract without extension, each assisted family may elect to use its assistance under this subsection to remain in the same project if its unit complies with the inspection requirements under paragraph (8), the rent for the unit is reasonable as required by paragraph (10)(A), and the family pays its required share of the rent and the amount, if any, by which the unit rent (including the amount allowed for tenant-based utilities) exceeds the applicable payment standard.

(G) Extension of contract term A public housing agency may enter into a contract with the owner of a project 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 contract may, at the election of the public housing agency and the owner of the project, specify that such contract shall be extended for renewal terms of up to 20 years each, if the agency makes the determination required by this subparagraph and the owner is in compliance with the terms of the contract. 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. A public housing agency may agree to enter into such a contract at the time it enters into the initial agreement for a housing assistance payment contract or at any time thereafter that is before the expiration of the housing assistance payment contract.

(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 title 26 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, except that in the case of a contract unit that has been allocated low-income housing tax credits and for which the rent limitation pursuant to such section 42 is less than the amount that would otherwise be permitted under this subparagraph, the rent for such unit may, in the sole discretion of a public housing agency, be established at the higher section 8 [ 42 U.S.C. 1437f ] rent, subject only to paragraph (10)(A). The rents established by housing assistance payment contracts pursuant to this paragraph may vary from the payment standards established by the public housing agency pursuant to paragraph (1)(B), but shall be subject to paragraph (10)(A).

(I) Rent adjustments A housing assistance payments contract pursuant to this paragraph entered into after July 29, 2016 , shall provide for annual rent adjustments upon the request of the owner, except that— (i) by agreement of the parties, a contract may allow a public housing agency to adjust the rent for covered units using an operating cost adjustment factor established by the Secretary pursuant to section 524(c) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (which shall not result in a negative adjustment), in which case the contract may require an additional adjustment, if requested, up to the reasonable rent periodically during the term of the contract, and shall require such an adjustment, if requested, upon extension pursuant to subparagraph (G); (ii) the adjusted rent shall not exceed the maximum rent permitted under subparagraph (H); (iii) the contract may provide that the maximum rent permitted for a dwelling unit shall not be less than the initial rent for the dwelling unit under the initial housing assistance payments contract covering the units; and (iv) the provisions of subsection (c)(2)(C) shall not apply.

(J) Tenant selection A public housing agency may select families to receive project-based assistance pursuant to this paragraph from its waiting list for assistance under this subsection or may permit owners to select applicants from site-based waiting lists as specified in this subparagraph. Eligibility for such project-based assistance shall be subject to the provisions of section 1437n(b) of this title that apply to tenant-based assistance. The agency or owner may establish preferences or criteria for selection for a unit assisted under this paragraph that are consistent with the public housing agency plan for the agency approved under section 1437c–1 of this title and that give preference to families who qualify for voluntary services, including disability-specific services, offered in conjunction with assisted units. Any family that rejects an offer of project-based assistance under this paragraph or that is rejected for admission to a project by the owner or manager of a project assisted under this paragraph shall retain its place on the waiting list as if the offer had not been made. A public housing agency may establish and utilize procedures for owner-maintained site-based waiting lists, under which applicants may apply at, or otherwise designate to the public housing agency, the project or projects in which they seek to reside, except that all eligible applicants on the waiting list of an agency for assistance under this subsection shall be permitted to place their names on such separate list, subject to policies and procedures established by the Secretary. All such procedures shall comply with title VI of the Civil Rights Act of 1964 [ 42 U.S.C. 2000d et seq.], the Fair Housing Act [ 42 U.S.C. 3601 et seq.], section 794 of title 29 , and other applicable civil rights laws. The owner or manager of a project assisted under this paragraph shall not admit any family to a dwelling unit assisted under a contract pursuant to this paragraph other than a family referred by the public housing agency from its waiting list, or a family on a site-based waiting list that complies with the requirements of this subparagraph. A public housing agency shall disclose to each applicant all other options in the selection of a project in which to reside that are provided by the public housing agency and are available to the applicant.

(K) Vacated units Notwithstanding paragraph (9), a housing assistance payment contract pursuant to this paragraph may provide as follows: (i) Payment for vacant units That the public housing agency may, in its discretion, continue to provide assistance under the contract, for a reasonable period not exceeding 60 days, for a dwelling unit that becomes vacant, but only: (I) if the vacancy was not the fault of the owner of the dwelling unit; and (II) the agency and the owner take every reasonable action to minimize the likelihood and extent of any such vacancy. Rental assistance may not be provided for a vacant unit after the expiration of such period. (ii) Reduction of contract That, if despite reasonable efforts of the agency and the owner to fill a vacant unit, no eligible family has agreed to rent the unit within 120 days after the owner has notified the agency of the vacancy, the agency may reduce its housing assistance payments contract with the owner by the amount equivalent to the remaining months of subsidy attributable to the vacant unit. Amounts deobligated pursuant to such a contract provision shall be available to the agency to provide assistance under this subsection. Eligible applicants for assistance under this subsection may enforce provisions authorized by this subparagraph.

(L) Use in cooperative housing and elevator buildings A public housing agency may enter into a housing assistance payments contract under this paragraph with respect to— (i) dwelling units in cooperative housing; and (ii) notwithstanding subsection (c), dwelling units in a high-rise elevator project, including such a project that is occupied by families with children, without review and approval of the contract by the Secretary.

(M) Reviews (i) Subsidy layering A subsidy layering review in accordance with section 3545(d) of this title shall not be required for assistance under this paragraph in the case of a housing assistance payments contract for an existing project, or if a subsidy layering review has been conducted by the applicable State or local agency. (ii) Environmental review A public housing agency shall not be required to undertake any environmental review before entering into a housing assistance payments contract under this paragraph for an existing project, except to the extent such a review is otherwise required by law or regulation relating to funding other than housing assistance payments.

(N) Structure owned by agency A public housing agency engaged in an initiative to improve, develop, or replace a public housing property or site may attach assistance to an existing, newly constructed, or rehabilitated structure in which the agency has an ownership interest or which the agency has control of without following a competitive process, provided that the agency has notified the public of its intent through its public housing agency plan and subject to the limitations and requirements of this paragraph.

(O) Special purpose vouchers A public housing agency that administers vouchers authorized under subsection ( o )(19) or (x) of this section may provide such assistance in accordance with the limitations and requirements of this paragraph, without additional requirements for approval by the Secretary.

PHA project-based assistance

Official source

- name: payment_standard_general_minimum_fmr_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(1)(B) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: shall be not less than 90 percent of that fair market rental versions: - effective_from: '1998-10-21' formula: '0.90'

- name: payment_standard_general_maximum_fmr_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(1)(B) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: shall not exceed 110 percent of the fair market rental versions: - effective_from: '1998-10-21' formula: '1.10'

- name: disability_reasonable_accommodation_payment_standard_without_secretary_approval_maximum_fmr_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(1)(D) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than 120 percent of the fair market rent versions: - effective_from: '1998-10-21' formula: '1.20'

- name: tenant_rent_adjusted_income_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(2)(A)(i) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: 30 percent of the monthly adjusted income versions: - effective_from: '1998-10-21' formula: '0.30'

- name: tenant_rent_monthly_income_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(2)(A)(ii) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: 10 percent of the monthly income versions: - effective_from: '1998-10-21' formula: '0.10'

- name: initial_tenant_based_family_rent_adjusted_income_limit_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(3) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: may not exceed 40 percent of the monthly adjusted income versions: - effective_from: '1998-10-21' formula: '0.40'

- name: project_based_authorized_units_base_limit_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(13)(B)(i) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than 20 percent of the authorized units versions: - effective_from: '2016-07-29' formula: '0.20'

- name: project_based_authorized_units_additional_exception_limit_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(13)(B)(ii) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: up to an additional 10 percent of the authorized units versions: - effective_from: '2016-07-29' formula: '0.10'

- name: project_income_mixing_dwelling_unit_count_limit kind: parameter dtype: Count source: 42 USC 1437f(o)(13)(D)(i) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than the greater of 25 dwelling units or 25 percent versions: - effective_from: '2016-07-29' formula: '25'

- name: project_income_mixing_dwelling_unit_rate_limit kind: parameter dtype: Rate source: 42 USC 1437f(o)(13)(D)(i) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than the greater of 25 dwelling units or 25 percent versions: - effective_from: '2016-07-29' formula: '0.25'

- name: tenant_contribution_greatest_amount kind: derived entity: Family dtype: Money period: Month unit: USD source: 42 USC 1437f(o)(2)(A) metadata: proof: atoms: - path: versions[0].formula kind: formula source: corpus_citation_path: us/statute/42/1437f/o excerpt: the greatest of the following amounts versions: - effective_from: '1998-10-21' formula: >- max(tenant_rent_adjusted_income_rate * monthly_adjusted_income, tenant_rent_monthly_income_rate * monthly_income, welfare_housing_cost_designated_amount)

- name: tenant_based_monthly_assistance_payment kind: derived entity: Family dtype: Money period: Month unit: USD source: 42 USC 1437f(o)(2) metadata: proof: atoms: - path: versions[0].formula kind: formula source: corpus_citation_path: us/statute/42/1437f/o excerpt: >- if the rent ... does not exceed the applicable payment standard ... rent ... exceeds the greatest - path: versions[0].formula kind: formula source: corpus_citation_path: us/statute/42/1437f/o excerpt: >- if the rent ... exceeds the applicable payment standard ... payment standard exceeds the greatest versions: - effective_from: '1998-10-21' formula: >- if rent_including_tenant_paid_utilities <= applicable_payment_standard: max(0, rent_including_tenant_paid_utilities - tenant_contribution_greatest_amount) else: max(0, applicable_payment_standard - tenant_contribution_greatest_amount)

- name: initial_tenant_based_family_rent_within_limit kind: derived entity: Family dtype: Judgment period: Month source: 42 USC 1437f(o)(3) metadata: proof: atoms: - path: versions[0].formula kind: predicate source: corpus_citation_path: us/statute/42/1437f/o excerpt: may not exceed 40 percent of the monthly adjusted income versions: - effective_from: '1998-10-21' formula: >- total_initial_family_rent <= initial_tenant_based_family_rent_adjusted_income_limit_rate * monthly_adjusted_income

- name: general_payment_standard_within_fair_market_rental_range kind: derived entity: PublicHousingAgency dtype: Judgment period: Month source: 42 USC 1437f(o)(1)(B) metadata: proof: atoms: - path: versions[0].formula kind: predicate source: corpus_citation_path: us/statute/42/1437f/o excerpt: shall not exceed 110 percent ... and shall be not less than 90 percent versions: - effective_from: '1998-10-21' formula: |- payment_standard >= payment_standard_general_minimum_fmr_rate * fair_market_rental and payment_standard <= payment_standard_general_maximum_fmr_rate * fair_market_rental

- name: project_based_authorized_units_within_limit kind: derived entity: PublicHousingAgency dtype: Judgment period: Month source: 42 USC 1437f(o)(13)(B) metadata: proof: atoms: - path: versions[0].formula kind: predicate source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than 20 percent ... up to an additional 10 percent - path: versions[0].formula kind: import import: target: us:statutes/42/1437f/d#project_based_assistance_common_area_consent_required output: project_based_assistance_common_area_consent_required hash: sha256:6b4fcf3eca0e705a3c38348fe896c922d97f52e64497735af48af7a03816db45 versions: - effective_from: '2016-07-29' formula: >- (project_based_assistance_common_area_consent_required and (((additional_exception_units_qualify) and project_based_assistance_units <= authorized_units * (project_based_authorized_units_base_limit_rate + (project_based_authorized_units_additional_exception_limit_rate))) or (not (additional_exception_units_qualify) and project_based_assistance_units <= authorized_units * (project_based_authorized_units_base_limit_rate + (0)))))

- name: project_income_mixing_within_limit kind: derived entity: HousingProject dtype: Judgment period: Month source: 42 USC 1437f(o)(13)(D) metadata: proof: atoms: - path: versions[0].formula kind: predicate source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than the greater of 25 dwelling units or 25 percent versions: - effective_from: '2016-07-29' formula: >- income_mixing_exception_applies or assisted_dwelling_units <= max(project_income_mixing_dwelling_unit_count_limit, project_income_mixing_dwelling_unit_rate_limit * project_dwelling_units)