104 STAT. 4188 PUBLIC LAW 101-625—NOV. 28, 1990 "(III) the extent to which units for families are in highrise elevator projects; "(IV) the age of the projects; "(V) in the case of a large agency, as determined by the Secretary, the number of units with 2 or more bedrooms; "(VI) the cost of rehabilitating property in the area; "(VII) for family projects, the extent of population decline in the unit of general local government determined on the basis of the 1970 and 1980 censuses; and "(VIII) any other factors the Secretary determines are appropriate. The Secretary may not establish or amend any criteria regarding the bacldog needs of public housing agencies under this subparagraph, except by rule as provided under section 553 of title 5, United States Code. "(C) The Secretary shall allocate the other half of the amount allocated under this paragraph based on the relative accrued needs of public housing agencies for the categories of need specified in subparagraphs (B)(i)(I) and (II), determined— "(i) for individual public housing agencies with 500 or more units and for the aggregate of agencies with fewer than 500 units, where the data are statistically reliable, on the basis of the needs that are estimated to have accrued since the date of the last objective measurement of backlog needs under subparagraph (B); or "(ii) for individual public housing agencies with 500 or more units, where the estimates under clause (i) are not statistically reliable, on the basis of estimates of accrued need using the most recently available data on the backlog, and objectively measurable data on public housing agency, community, and project characteristics regarding— "(I) the average number of bedrooms of the units in a project; 'Xll) the proportion of units in a project available for occupancy by very large families; "(III) the age of the projects; "(IV) the extent to which the buildings in projects of an agency average fewer than 5 units; "(V) the cost of rehabilitating property in the area; "(VI) the total number of units of each agency that owns or operates 500 or more units; and "(VII) any other factors the Secretary determines are appropriate. The Secretary may not establish or amend any criteria regarding the accrual needs of public housing agencies under this subparagraph, except by rule as provided under section 553 of title 5, United States Code. "(D)(i) In determining how many units an agency owns or operates and the relative modernization needs of agencies, the Secretary shall count each existing unit under the annual contributions contract, except that an existing unit under the turnkey III and the mutual help programs may be counted as less than one unit, to take into account the responsibility of families for the costs of certain maintenance and repair. For purposes of this section, an agency that qualifies to receive a formula grant under paragraph (4) may elect to continue to qualify to receive a formula grant if it owns or operates at least 400 public housing units.
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