PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4217 and inserting "(b) RENTAL CERTIFICATES AND OTHER EXISTING HOUS- ING PROGRAMS.— ". (b) VOUCHER PROGRAM.— Section 8(o) of the United States Housing Act of 1937 (42 U.S.C 1437fl:o)) is amended by inserting "RENTAL VOUCHERS. —" after "(o)". SEC. 542. DRUG-RELATED RENT ADJUSTMENTS. Section 8(c)(2)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(B)) is amended by adding at the end the following: "Where the Secretary determines that a project assisted under this section is located in a community where drug-related criminal activity is generally prevalent and the project's operating, maintenance, and capital repair expenses have been substantially increased primarily as a result of the prevalence of such drug-related activity, the Secretary may (at the discretion of the Secretary and subject to the availability of appropriations for contract amendments for this purpose), on a project by project basis, provide adjustments to the maximum monthly rents, to a level no greater than 120 percent of the project rents, to cover the costs of maintenance, security, capital repairs, and reserves required for the owner to carry out a strategy acceptable to the Secretary for addressing the problem of drug-related criminal activity. Any rent comparability standard required under this paragraph may be waived by the Secretary to so implement the preceding sentence.". SEC. 543. TENANT RENT CONTRIBUTIONS UNDER TENANT-BASED CERTIFI- CATE PROGRAM. (a) EXCEPTION TO GENERAL RULE. —Section 8(c)(3) of the United States Housing Act of 1937 is amended— (1) by inserting "(A)" after the paragraph designation; and (2) by adding at the end the following new subparagraph: "(B)(i) A family receiving tenant-based rental assistance under subsection (b)(1) may pay a higher percentage of income than that specified under section 3(a) of this Act if^ "(I) the family notifies the local public housing agency of its interest in a unit renting for an amount which exceeds the permissible maximum monthly rent established for the market area under paragraph (1), and "(II) such agency determines that the rent for the unit and the rental pa3anents of the family are reasonable, Eifter taking into account other family expenses (including child care, unreimbursed medical expenses, and other appropriate family expenses), "(ii) A public housing agency shall not approve such excess rentals Reports. for more than 10 percent of its annual allocation of incremental rental assistance under subsection (b)(D. A public housing agency that approves such excess rentals for more than 5 percent of its annual allocation shall submit a report to the Secretary not later than 30 days following the end of the fiscal year. The report shall be submitted in such form and in accordance with such procedures as the Secretary shall establish and shall describe the public housing agency's reasons for making the exceptions, including any available evidence that the exceptions were made necessary by problems with the fair market rent established for the area. The Secretary shall ensure that each report submitted in accordance with this clause is readily available for public inspection for a period of not less than 3
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