110 STAT. 1321-279 PUBLIC LAW 104-134—APR. 26, 1996 CONVERSION OF CERTAIN PUBLIC HOUSING TO VOUCHERS 42 USC 1437/ SEC. 202. (a) IDENTIFICATION OF UNITS. —Each public housing ^0**- agency shall identify any public housing developments— (1) that are on the same or contiguous sites; (2) that total more than 300 dwelling units; (3) that have a vacancy rate of at least 10 percent for dwelling units not in funded, on-schedule modernization programs; (4) identified as distressed housing that the public housing agency cannot assure the long-term viability as public housing through reasonable revitalization, density reduction, or achievement of a broader range of household income; and (5) for which the estimated cost of continued operation and modernization of the developments as public housing exceeds the cost of providing tenant-based assistance under section 8 of the United States Housing Act of 1937 for all families in occupancy, based on appropriate indicators of cost (such as the percentage of total development cost required for modernization). (b) IMPLEMENTATION AND ENFORCEMENT.— (1) STANDARDS FOR IMPLEMENTATION. —The Secretary shall establish standards to permit implementation of this section in fiscal year 1996. (2) CONSULTATION.—Each public housing agency shall consult with the applicable public housing tenants and the unit of general local government in identifying any public housing developments under subsection (a). (3) FAILURE OF PHAS TO COMPLY WITH SUBSECTION (a).— Where the Secretary determines that— (A) a public housing agency has failed under subsection (a) to identify public housing developments for removal from the inventory of the agency in a timely manner; (B) a public housing agency has failed to identify one or more public housing developments which the Secretary determines should have been identified under subsection (a); or (C) one or more of the developments identified by the public housing agency pursuant to subsection (a) should not, in the determination of the Secretary, have been identified under that subsection; the Secretary may designate the developments to be removed from the inventory of the public housing agency pursuant to this section. (c) REMOVAL OF UNITS FROM THE INVENTORIES OF PUBLIC HOUS- ING AGENCIES. — (1) Each public housing agency shall develop and carry out a plan in conjunction with the Secretary for the removal of public housing units identified under subsection (a) or subsection (b)(3), over a period of up to five years, from the inventory of the public housing agency and the annual contributions contract. The plan shall be approved by the relevant local official as not inconsistent with the Comprehensive Housing Affordability Strategy under title I of the Housing and Community Development Act of 1992, including a description of any disposition and demolition plan for the public housing units.
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