PUBLIC LAW 98-181—NOV. 30, 1983 97 STAT. 1197 "(A) not to exceed $150,000,000 shall be available in each such year for rental rehabilitation, of which $1,000,000 shall be available each year for technical assistance; and "(B) not to exceed $200,000,000 for fiscal year 1984, and $115,000,000 for fiscal year 1985, shall be available for develop- ment grants. "(b) DISTRIBUTION OF RENTAL REHABIUTATION GRANT FUNDS. —(1) FORMULA ALLOCATION.—Of the amount available in any fiscal year for rehabilitation grants under this section, the Secretary shall allocate amounts for rehabilitation grants under subsection (c) to cities having populations of fifty thousand or more, urban counties, and States for usc as provided in subsection (e), on the basis of a formula which shall be contained in a regulation proposed by the Secretary not later than sixty days after the effective date of this section. Such regulation shall be accompanied by the specific fund allocation for fiscal year 1984 for individual cities, urban counties, and States which would result from the proposed formula and any adjustments under paragraph (2). The formula contained in the regulation shall take into account objectively measurable condi- tions, including such factors as low income renter population, over- crowding of rental housing, the extent of physically inadequate housing stock, and such other objectively measurable conditions as the Secretary deems appropriate to reflect the need for assistance under this section, but excluding data relating to such factors which pertain to areas eligible for assistance under title V of the Housing Act of 1949. "(2) ADJUSTMENTS.— Before an allocation determined under para- graph (1) for any fiscal year is made available for use, the Secretary may adiust the allocation as follows: ' (A) The Secretary is authorized to establish minimum alloca- tion amounts for cities and urban counties, representing pro- gram levels below which, in the Secretary's determination, conduct of a rental rehabilitation program would not be feas- ible. The amount of any allocation which is below this minimum shall be added to the allocation for the State in which the city or county is located and shall be available in accordance with subsection (e). "(B) Beginning with fiscal years after fiscal year 1984, the Secretary is authorized to adjust the allocation for a city, urban county, or State administering a rental rehabilitation program as provided in subsection (f), by up to 15 per centum above or below the amount of such allocation, based on an annual review of performance in carrying out activities under this section in a timely manner and in achieving the result that at least 80 per centum of the units rehabilitated with assistance under this section in all program years have rents which are and remain at a level which would be affordable by lower income families. The last sentence of subparagraph (A) shall not apply to an alloca- tion which is below the minimum amount described therein by reason of an adjustment under this subparagraph. The Secre- tary shall establish by regulation performance criteria for pur- poses of this subparagraph. "(3) REALLOCATION.— After the allocation of rehabilitation grant amounts, the Secretary is authorized to reallocate such amounts among grantees on the basis of the Secretary's assessment of the progress of grantees in carrying out activities under this section in accordance with their specifled schedules. Reallocations under this Regulation. 42 USC 1471. Rental rehabilitation program administration.
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