Page:United States Statutes at Large Volume 112 Part 3.djvu/750

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112 STAT. 2580 PUBLIC LAW 105-276—OCT. 21, 1998 subsection (d)(1) and (e)(1) of section 9. The amount made available under this subsection to a manager shall be determined by the Secretary based on the share for the specified housing of the aggregate amount of assistance from such Funds for the public housing agency transferring the housing, taking into consideration the operating and capital improvement needs of the specified housing, the operating and capital improvement needs of the remaining public housing units managed by the public housing agency, and the public housing agency plan of such agency. "(d) CONTRACT BETWEEN SECRETARY AND MANAGER.— "(1) REQUIREMENTS. —Pursuant to the approval of a request under this section for transfer of the management of specified housing, the Secretary shall enter into a contract with the eligible management entity. "(2) TERMS.— A contract under this subsection shall contain provisions establishing the rights and responsibilities of the manager with respect to the specified housing and the Secretary and shall be consistent with the requirements of this Act applicable to public housing projects. "(e) COMPLIANCE WITH PUBLIC HOUSING AGENCY PLAN.— A manager of specified housing under this section shall comply with the approved public housing agency plan applicable to the housing and shall submit such information to the public housing agency from which management was transferred as may be necessary for such agency to prepare and update its public housing agency plan. "(f) DEMOLITION AND DISPOSITION BY MANAGER.—^A manager under this section may demolish or dispose of specified housing only if, and in the manner, provided for in the public housing agency plan for the agency transferring management of the housing. "(g) LIMITATION ON PHA LIABILITY.— A public housing agency that is not a manager for specified housing shall not be liable for any act or failure to act by a manager or resident council for the specified housing. "(h) DEFINITIONS. — For purposes of this section, the following definitions shall apply: "(1) ELIGIBLE MANAGEMENT ENTITY.— The term 'eligible management entity' means, with respect to any public housing project, any of the following entities: "(A) NONPROFIT ORGANIZATION. —A public or private nonprofit organization, which may— "(i) include a resident management corporation; and "(ii) not include the public housing agency that owns or operates the project. "(B) FOR-PROFIT ENTITY. — A for-profit entity that has demonstrated experience in providing low-income housing. "(C) STATE OR LOCAL GOVERNMENT. —-A State or local government, including an agency or instrumentality thereof. "(D) PUBLIC HOUSING AGENCY.— A public housing agency (other than the public housing agency that owns or operates the project). The term does not include a resident council. "(2) MANAGER. — The term 'manager* means any eligible management entity that has entered into a contract under