Page:United States Statutes at Large Volume 112 Part 3.djvu/759

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PUBLIC LAW 105-276—OCT. 21, 1998 112 STAT. 2589 provisions of this Act, is further amended by adding at the end the following new section: " SEC. 33. REQUIRED CONVERSION OF DISTRESSED PUBLIC HOUSING TO TENANT-BASED ASSISTANCE. "(a) IDENTIFICATION OF UNITS. —Each public housing agency shall identify all public housing projects of the public housing agency that meet all of the following requirements: "(1) The project is on the same or contiguous sites. "(2) The project is determined by the public housing agency to be distressed, which determination shall be made in accordance with guidelines established by the Secretary, which guidelines shall take into account the criteria established in the Final Report of the National Commission on Severely Distressed Public Housing (August 1992). "(3) The project— "(A) is identified as distressed housing under paragraph (2) for which the public housing agency cannot assure the long-term viability as public housing through reasonable modernization expenses, density reduction, achievement of a broader range of family income, or other measures; or "(B) has an estimated cost, during the remaining useful life of the project, of continued operation and modernization as public housing that exceeds the estimated cost, during the remaining useful life of the project, of providing tenantbased assistance under section 8 for all families in occupancy, based on appropriate indicators of cost (such as the percentage of total development costs required for modernization). "(b) CONSULTATION.— Each public housing agency shall consult with the appropriate public housing residents and the appropriate unit of general local government in identifying any public housing projects under subsection (a). "(c) PLAN FOR REMOVAL OF UNITS FROM INVENTORIES OF PHA's. — "(1) DEVELOPMENT. —Each public housing agency shall develop and carry out a 5-year plan in conjunction with the Secretary for the removal of public housing units identified under subsection (a) from the inventory of the public housing agency and the annual contributions contract. "(2) APPROVAL.— Each plan required under paragraph (1) shall— "(A) be included as part of the public housing agency plan; "(B) be certified by the relevant local official to be in accordance with the comprehensive housing affordability strategy under title I of the Housing and Community Development Act of 1992; and "(C) include a description of any disposition and demolition plan for the public housing units. "(3) EXTENSIONS. — The Secretary may extend the 5-year deadline described in paragraph (1) by not more than an additional 5 years if the Secretary makes a determination that the deadline is impracticable. "(4) REVIEW BY SECRETARY.— 42 USC 1437Z-5. Guidelines.