PUBLIC LAW 101-235—DEC. 15, 1989 103 STAT. 2057 to receive such amounts. The criteria shall be contained in a regula- tion promulgated by the Secretary after notice and public com- ment."; and (5) in subsection (d), by striking paragraph (4). (c) OFFICE OF INDIAN AND ALASKA NATIVE PROGRAMS.—The Sec- 42 USC 5306 retary of Housing and Urban Development shall administer grants "^^^ to Indian tribes under title I of the Housing and Community Devel- opment Act of 1974 through the Office of Indian and Alaska Native Programs of the Department of Housing and Urban Development. (d) REGULATIONS.— The Secretary shall issue any regulations nee- 42 USC 5306 essary to carry out this section and the amendments made by this "o^^. section in a manner and by such time to provide for the effectiveness of such regulations with respect to amounts appropriated for fisced year 1991 under section 103 of the Housing and Community Devel- opment Act of 1974. (e) APPLICABILTFY. — The amendments made by this section shall 42 USC 5306 apply to amounts approved in any appropriation Act under section note. 103 of the Housing and Community Development Act of 1974 for fiscal year 1991 and each fiscal year thereafter. TITLE VIII—SECTION 8 RENT ADJUSTMENTS SEC. 801. ANNUAL ADJUSTMENT FACTORS FOR SECTION 8 RENTS. Contracts. (a) EFFECT OF PRIOR COMPARABILITY STUDIES. — 42 USC i437f (1) IN GENERAL.— In any case in which, in implementing note. section 8(c)(2) of the United States Housing Act of 1937— (A) the use of comparability studies by the Secretary of Housing and Urban Development or the appropriate State agency as an independent limitation on the amount of rental adjustments resulting from the application of an annual adjustment factor under such section has resulted in the reduction of the maximum monthly rent for units covered by the contract or the failure to increase such contract rent to the full amount otherwise permitted under the annual adjustment factor, or (B) an assistance contract requires a project owner to make a request before becoming eligible for a rent adjust- ment under the annual adjustment factor and the project owner certifies that such a request was not made because of anticipated negative adjustment to the project rents, for fiscal year 1980, and annually thereafter until regulations implementing this section take effect, rental adjustments shall be calculated as an amount equal to the annual adjustment factor multiplied by a figure equal to the contract rent minus the amount of contract rent attributable to debt service. Upon the request of the project owner, the Secretary shall pay to the project owner the amount, if any, by which the total rental adjustment calculated under the preceding sentence exceeds the total adjustments the Secretary or appropriate State agency actually approved, except that solely for purposes of calculating retroactive payments under this subsection, in no event shall any project owner be paid an amount less than 30 percent of a figure equal to the aggregate of the annual adjustment factor multiplied by the full contract rent for each year on or after
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