Page:United States Statutes at Large Volume 101 Part 3.djvu/541

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PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-242—FEB. 5, 1988

101 STAT. 1839

project without obtaining the approval of the Secretary and satisfying the conditions specified in subsections (a) and (b).". SEC. 122. PUBLIC HOUSING RESIDENT MANAGEMENT.

Corporations.

The United States Housing Act of 1937 is amended by adding at the end the following new section: "PUBLIC HOUSING RESIDENT MANAGEMENT

"SEC. 20. (a) PURPOSE.—The purpose of this section is to encourage 42 USC 1437r. increased resident management of public housing projects, as a means of improving existing living conditions in public housing projects, by providing increased flexibility for public housing projects that are managed by residents by— "(1) permitting the retention, and use for certain purposes, of any revenues exceeding operating and project costs; and "(2) providing funding, from amounts otherwise available, for technical assistance to promote formation and development of resident management entities. For purposes of this section, the term 'public housing project' includes one or more contiguous buildings or an area of contiguous row houses the elected resident councils of which approve the establishment of a resident management corporation and otherwise meet the requirements of this section. "Oo) PROGRAM REQUIREMENTS.— "(1) RESIDENT COUNCIL.—As

a condition of entering into a resident management program, the elected resident council of a public housing project shall approve the establishment of a resident management corporation. When such approval is made by the elected resident council of a building or row house area, the resident management program shall not interfere with the rights of other families residing in the project or harm the efficient operation of the project. The resident management corporation and the resident council may be the same organization, if the organization complies with the requirements applicable to both the corporation and council. The corporation shall be a nonprofit corporation organized under the laws of the State in which the project is located, and the tenants of the project shall be the sole voting members of the corporation. If there is no elected resident council, a majority of the households of the public housing project shall approve the establishment of a resident council to determine the feasibility of establishing a resident management corporation to manage the project. "(2) PUBLIC HOUSING MANAGEMENT SPECIAUST.—The resident council of a public housing project, in cooperation with the public housing agency, shall select a qualified public housing management specialist to assist in determining the feasibility of, and to help establish, a resident management corporation and to provide training and other duties agreed to in the daily operations of the project. "(3) BONDING AND INSURANCE.—Before assuming any manage-

ment responsibility for a public housing project, the resident management corporation shall provide fidelity bonding and insurance, or equivalent protection, in accordance with regulations and requirements of the Secretary and the public housing agency. Such bonding and insurance, or its equivalent, shall be adequate to protect the Secretary and the public housing agency