HR 3126 IHCommentsClose CommentsPermalink

To reauthorize the HOPE VI program for revitalization of severely distressed public housing, and for other purposes.CommentsClose CommentsPermalink

July 23, 2007

Ms. WATERS (for herself, Mr. WATT, and Mr. FRANK of Massachusetts) introduced the following bill; which was referred to the Committee on Financial ServicesCommentsClose CommentsPermalink

To reauthorize the HOPE VI program for revitalization of severely distressed public housing, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `HOPE VI Improvement and Reauthorization Act of 2007'.CommentsClose CommentsPermalink





(b) References- Except as otherwise expressly provided in this Act, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.).CommentsClose CommentsPermalink





(c) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; references; table of contents.CommentsClose CommentsPermalink





Sec. 2. Purposes of program.CommentsClose CommentsPermalink





Sec. 3. Authority to waive contribution requirement in cases of extreme distress or emergency.CommentsClose CommentsPermalink





Sec. 4. Prohibition of demolition-only grants.CommentsClose CommentsPermalink





Sec. 5. Repeal of main street projects grant authority.CommentsClose CommentsPermalink





Sec. 6. Eligible activities.CommentsClose CommentsPermalink





Sec. 7. Selection of proposals for grants.CommentsClose CommentsPermalink





Sec. 8. Requirements for mandatory core components.CommentsClose CommentsPermalink





Sec. 9. Annual report; availability of documents.CommentsClose CommentsPermalink





Sec. 10. Definitions.CommentsClose CommentsPermalink





Sec. 11. Conforming amendment.CommentsClose CommentsPermalink





Sec. 12. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 13. Extension of program.CommentsClose CommentsPermalink





Sec. 14. Review.CommentsClose CommentsPermalink





Sec. 15. Regulations.CommentsClose CommentsPermalink

SEC. 2. PURPOSES OF PROGRAM.

Subsection (a) of section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting before `through' the following: `located in communities of all sizes, including small and medium communities,';CommentsClose CommentsPermalink





(2) in paragraph (3)--CommentsClose CommentsPermalink





(A) by inserting `low- and' before `very low-income'; andCommentsClose CommentsPermalink





(B) by striking `and' at the end;CommentsClose CommentsPermalink





(3) in paragraph (4), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





(4) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(5) promoting housing choice among low- and very low-income families.'.CommentsClose CommentsPermalink

SEC. 3. AUTHORITY TO WAIVE CONTRIBUTION REQUIREMENT IN CASES OF EXTREME DISTRESS OR EMERGENCY.

Subsection (c) of section 24 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(4) WAIVER-CommentsClose CommentsPermalink





`(A) AUTHORITY- The Secretary may waive the applicability of paragraph (1) with respect to an applicant or grantee if the Secretary determines that circumstances of extreme distress or emergency, in the area that the revitalization plan of the applicant is to be carried out, directly affect the ability of the applicant or grantee to comply with such requirement.CommentsClose CommentsPermalink





`(B) REGULATIONS- The Secretary shall issue regulations to carry out this paragraph, which shall--CommentsClose CommentsPermalink





`(i) set forth such circumstances of extreme distress and emergency; andCommentsClose CommentsPermalink





`(ii) provide that such circumstances shall include any instance in which the area in which a revitalization plan assisted with amounts from a grant under this section is to be carried out is subject to a declaration by the President of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.'.CommentsClose CommentsPermalink

SEC. 4. PROHIBITION OF DEMOLITION-ONLY GRANTS.

Section 24 is amended--CommentsClose CommentsPermalink





(1) in subsection (c)(3), by striking `or demolition of public housing (without replacement)';CommentsClose CommentsPermalink





(2) in the first sentence of subsection (e)(3)--CommentsClose CommentsPermalink





(A) by striking `demolition only,'; andCommentsClose CommentsPermalink





(B) by striking the last comma; andCommentsClose CommentsPermalink





(3) in subsection (e), by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(4) PROHIBITION OF DEMOLITION-ONLY GRANTS- The Secretary may not make a grant under this section for a revitalization plan that proposes to demolish public housing without revitalization of any existing public housing dwelling units.'.CommentsClose CommentsPermalink

SEC. 5. REPEAL OF MAIN STREET PROJECTS GRANT AUTHORITY.

Section 24 is amended--CommentsClose CommentsPermalink





(1) by striking subsection (n) (relating to grants for assisting affordable housing developed through main street projects in smaller communities);CommentsClose CommentsPermalink





(2) in subsection (a), by striking the last sentence (that appears after and below paragraph (4));CommentsClose CommentsPermalink





(3) in subsection (l)--CommentsClose CommentsPermalink





(A) in paragraph (3), by striking `, including a specification of the amount and type of assistance provided under subsection (n);' and inserting `; and';CommentsClose CommentsPermalink





(B) by striking paragraph (4); andCommentsClose CommentsPermalink





(4) in subsection (m), by striking paragraph (3).CommentsClose CommentsPermalink

SEC. 6. ELIGIBLE ACTIVITIES.

Paragraph (1) of section 24(d) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding subparagraph (A), by striking `program' and inserting `plan';CommentsClose CommentsPermalink





(2) in subparagraph (B), by inserting `, and to other locations within the jurisdiction of the public housing agency' before the semicolon at the end;CommentsClose CommentsPermalink





(3) in subparagraph (G), by striking `program' and inserting `plan';CommentsClose CommentsPermalink





(4) in subparagraph (K), by striking `and' at the end;CommentsClose CommentsPermalink





(5) in subparagraph (L)--CommentsClose CommentsPermalink





(A) by striking `15 percent' and inserting `25 percent'; andCommentsClose CommentsPermalink





(B) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(6) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink





`(M) necessary costs of ensuring the effective temporary and permanent relocation of residents displaced as a result of the revitalization of the project, including costs of monitoring as required under subsection (k); andCommentsClose CommentsPermalink





`(N) activities undertaken to comply with the provisions of (B)(vii) and (C)(xiii) of subsection (e)(2) and subsection (l) (relating to green developments).'.CommentsClose CommentsPermalink

SEC. 7. SELECTION OF PROPOSALS FOR GRANTS.

(a) Selection Criteria- Section 24(e) is amended by striking paragraph (2) and inserting the following new paragraph:CommentsClose CommentsPermalink





`(2) GRANT AWARD CRITERIA-CommentsClose CommentsPermalink





`(A) ESTABLISHMENT- The Secretary shall establish criteria for the award of grants under this section.CommentsClose CommentsPermalink





`(B) MANDATORY CORE COMPONENTS- The criteria under this paragraph shall require that a proposed revitalization plan may not be selected for award of a grant under this section unless the proposed plan meets all of the following requirements:CommentsClose CommentsPermalink





`(i) EVIDENCE OF SEVERE DISTRESS- The proposed plan shall contain evidence sufficient to demonstrate that the public housing project that is subject to the plan is severely distressed, which shall include--CommentsClose CommentsPermalink





`(I) a certification signed by an engineer or architect licensed by a State licensing board that the project meets the criteria for physical distress under subsection (t)(2); andCommentsClose CommentsPermalink





`(II) such other evidence that the project meets criteria for nonphysical distress under subsection (t)(2), such as census data, crime statistics, and past surveys of neighborhood stability conducted by the public housing agency.CommentsClose CommentsPermalink





`(ii) RESIDENT INVOLVEMENT AND SERVICES- The proposed plan shall provide for opportunities for involvement of residents of the housing subject to the plan and the provision of services for such residents, in accordance with subsection (g).CommentsClose CommentsPermalink





`(iii) TEMPORARY RELOCATION PLAN- The proposed plan shall provide a plan for temporary relocation of households occupying the public housing project that is subject to the plan, in accordance with subsection (h), including a statement of the estimated number of vouchers for rental assistance under section 8 that will be needed for such relocation.CommentsClose CommentsPermalink





`(iv) RESIDENT RIGHT TO EXPANDED HOUSING OPPORTUNITIES- The proposed plan provides right of resident households to occupy housing provided under such revitalization plan in accordance with subsection (i).CommentsClose CommentsPermalink





`(v) ONE-FOR-ONE REPLACEMENT- The proposed plan shall provide a plan that--CommentsClose CommentsPermalink





`(I) provides for replacement, in accordance with subsection (j), of each dwelling unit demolished or disposed of under such revitalization plan that, as of the date of the application for the grant, is occupied;CommentsClose CommentsPermalink





`(II) identifies the type of replacement housing that will be offered to tenants displaced by the revitalization plan;CommentsClose CommentsPermalink





`(III) contains such agreements with or assurances by the Secretary, State and local governmental agencies, and other entities sufficient to ensure compliance with subsection (j) and the requirements of section 18 applicable pursuant to subsection (p)(1); andCommentsClose CommentsPermalink





`(IV) contains such assurances or agreements as the Secretary considers necessary to ensure compliance with subsection (i)(2).CommentsClose CommentsPermalink





`(vi) FAIR HOUSING; LIMITATION ON EXCLUSION- The proposed plan shall be carried out in a manner that complies with section (m) (relating to affirmatively furthering fair housing and limitation on exclusion).CommentsClose CommentsPermalink





`(vii) GREEN DEVELOPMENTS- The proposed plan complies with the requirement under subsection (l) (relating to green developments).CommentsClose CommentsPermalink





`(C) MANDATORY GRADED COMPONENTS- In addition to the requirements under subparagraph (B), the criteria under this paragraph shall include the following factors:CommentsClose CommentsPermalink





`(i) COMPLIANCE WITH PURPOSES- The extent to which the proposed plan of an applicant achieves the purposes of this section set forth in subsection (a).CommentsClose CommentsPermalink





`(ii) CAPABILITY AND RECORD- The capability and record of the applicant public housing agency, public partners, proposed private development partners, or any alternative management entity for the agency, for managing redevelopment or modernization projects, meeting performance benchmarks, and obligating amounts in a timely manner, including any past performance of such entities under the HOPE VI program and any record of such entities of working with socially and economically disadvantaged businesses, as such term is defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)).CommentsClose CommentsPermalink





`(iii) DIVERSITY OUTREACH- The extent to which the proposed revitalization plan includes partnerships with socially and economically disadvantaged businesses, as such term is defined by section 8(a)(4) of the Small Business Act.CommentsClose CommentsPermalink





`(iv) EFFECTIVENESS OF TEMPORARY RELOCATION AND ONE-FOR-ONE REPLACEMENT PLANS- The likely effectiveness of the proposed revitalization plan for temporary and permanent relocation of existing residents, including the likely effectiveness of the temporary relocation plan under subparagraph (B)(iii) and the one-for-one replacement plan under subparagraph (B)(v).CommentsClose CommentsPermalink





`(v) PERFORMANCE BENCHMARKS- The achievability of the performance benchmarks proposed for implementation of the revitalization plan pursuant to subsection (o), which shall reflect the scope and scale of the project, while addressing the implementation deadlines for each of the components individually.CommentsClose CommentsPermalink





`(vi) LEVERAGING- The extent to which the proposed revitalization plan will leverage other public or private funds or assets for the project.CommentsClose CommentsPermalink





`(vii) NEED FOR ADDITIONAL FUNDING- The extent to which the applicant could undertake the activities proposed in the revitalization plan without a grant under this section.CommentsClose CommentsPermalink





`(viii) PUBLIC AND PRIVATE INVOLVEMENT- The extent of involvement of State and local governments, private service providers, financing entities, and developers, in the development and ongoing implementation of the revitalization plan.CommentsClose CommentsPermalink





`(ix) NEED FOR AFFORDABLE HOUSING- The extent of need for affordable housing in the community in which the proposed revitalization plan is to be carried out.CommentsClose CommentsPermalink





`(x) AFFORDABLE HOUSING SUPPLY- The extent of the supply of other housing available and affordable to families receiving tenant-based assistance under section 8.CommentsClose CommentsPermalink





`(xi) PROJECT-BASED HOUSING- The extent to which the proposed revitalization plan sustains or creates more project-based housing units available to persons eligible for residency in public housing in markets where the proposed plan shows there is demand for the maintenance or creation of such units.CommentsClose CommentsPermalink





`(xii) GREEN DEVELOPMENTS COMPLIANCE- The extent to which the proposed revitalization plan--CommentsClose CommentsPermalink





`(I) in the case of residential construction, complies with the nonmandatory items of the national Green Communities criteria checklist identified in subsection (l)(1)(A), but only to the extent such compliance exceeds the compliance necessary to accumulate the number of points required under such subsection; andCommentsClose CommentsPermalink





`(II) in the case of non-residential construction, includes non-mandatory components of version 2.2 of the Leadership in Energy and Environmental Design (LEED) green building rating system for New Construction and Major Renovations, version 2.0 of the LEED for Core and Shell rating system, or version 2.0 of the LEED for Commercial Interiors rating system, as applicable, but only to the extent such inclusion exceeds the inclusion necessary to accumulate the number of points required under such system.CommentsClose CommentsPermalink





`(xiii) HARD-TO-HOUSE FAMILIES- The extent to which the one-for-one replacement plan under subparagraph (B)(v) for the revitalization plan provides replacement housing that is likely to be most appropriate and beneficial for families whose housing needs are difficult to fulfill.CommentsClose CommentsPermalink





`(xiv) OTHER- Such other factors as the Secretary considers appropriate.'.CommentsClose CommentsPermalink





(b) Treatment of Low-Income Housing Tax Credit Allocations; Mandatory Site Visits- Section 24(e), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





`(5) TREATMENT OF LOW-INCOME HOUSING TAX CREDIT ALLOCATION- In the case of any application for a grant under this section that relies on the allocation of any low-income housing tax credit provided pursuant to section 42 of the Internal Revenue Code of 1986 as part of the revitalization plan proposed in the application, the Secretary shall not require that the first phase of any project to be developed under the plan possess an allocation of such low-income housing tax credits at the time of such application.CommentsClose CommentsPermalink





`(6) MANDATORY SITE VISITS- Notwithstanding any other provision of law, the Secretary shall provide for appropriate officers or employees of the Department of Housing and Urban Development to conduct a visit to the site of the public housing involved in the revitalization plan proposed under each application for a grant under this section that is involved in a final selection of applications to be funded under this section. Site visits pursuant to this paragraph shall be used only for the purpose of obtaining information to assist in making such final selections, including information for use in determining whether the public housing projects involved in the application are severely distressed public housing.'.CommentsClose CommentsPermalink

SEC. 8. REQUIREMENTS FOR MANDATORY CORE COMPONENTS.

Section 24 is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (h) through (m) as subsections (q) through (v), respectively;CommentsClose CommentsPermalink





(2) by redesignating subsection (o) as subsection (w); andCommentsClose CommentsPermalink





(3) by striking subsection (g) and inserting the following new subsections:CommentsClose CommentsPermalink





`(g) Resident Involvement and Services-CommentsClose CommentsPermalink





`(1) IN GENERAL- Each revitalization plan assisted under this section shall provide opportunities for the active involvement and participation of, and consultation with, residents of the public housing that is subject to the revitalization plan during the planning process for the revitalization plan, including prior to submission of the application, and during all phases of the planning and implementation. Such opportunities for participation may include participation of members of any resident council, but may not be limited to such members, and shall include all segments of the population of residents of the public housing that is subject to the revitalization plan, including single parent-headed households, the elderly, young employed and unemployed adults, teenage youth, and disabled persons. Such opportunities shall include a process that provides opportunity for comment on specific proposals for redevelopment, any demolition and disposition involved, and any proposed significant amendments or changes to the revitalization plan.CommentsClose CommentsPermalink





`(2) NOTICES- In carrying out a revitalization plan assisted under this section, a public housing agency shall provide the following written notices to each household occupying a dwelling unit in the public housing that is subject to, or to be subject to, the plan:CommentsClose CommentsPermalink





`(A) NOTICE OF INTENT- Not later than 12 months before submission of the application for a grant under this section for such plan, notice of--CommentsClose CommentsPermalink





`(i) the public housing agency's intent to submit such application;CommentsClose CommentsPermalink





`(ii) the proposed implementation and management of the revitalized site;CommentsClose CommentsPermalink





`(iii) residents' rights under this section to participate in the planning process for the plan, including opportunities for participation in accordance with paragraph (1), and to receive comprehensive relocation assistance and community and supportive services pursuant to paragraph (4); andCommentsClose CommentsPermalink





`(iv) the public hearing pursuant to paragraph (3).CommentsClose CommentsPermalink





`(B) NOTICE OF GRANT AWARD AND RELOCATION OPTIONS- Not later than 30 days after notice to the public housing agency of the award of a grant under this section, notice that--CommentsClose CommentsPermalink





`(i) such grant has been awarded;CommentsClose CommentsPermalink





`(ii) describes the process involved under the revitalization plan to temporarily relocate residents of the public housing that is subject to the plan;CommentsClose CommentsPermalink





`(iii) provides the information required pursuant to subsection (h)(2) (relating to relocation options); andCommentsClose CommentsPermalink





`(iv) informs residents of opportunities for participation in accordance with paragraph (1).CommentsClose CommentsPermalink





`(C) NOTICE OF GRANT AGREEMENT AND RELOCATION OPTIONS- Not later than 30 days after execution of a grant agreement under this section with a public housing agency, notice that--CommentsClose CommentsPermalink





`(i) specifically identifies the housing available for temporary relocation of resident of the public housing subject to the revitalization plan;CommentsClose CommentsPermalink





`(ii) sets forth the schedule for temporary relocation of residents of the public housing subject to the revitalization plan, including the dates on which such housing will be available for such relocation; andCommentsClose CommentsPermalink





`(iii) informs residents of opportunities for participation in accordance with paragraph (1).CommentsClose CommentsPermalink





`(D) NOTICE OF REPLACEMENT HOUSING- Upon the availability of replacement housing provided pursuant to subsection (j), notice to each household described in subsection (i)(1) of--CommentsClose CommentsPermalink





`(i) such availability;CommentsClose CommentsPermalink





`(ii) the process and procedure for exercising the right to expanded housing opportunities and preferences under subsection (i)(2); andCommentsClose CommentsPermalink





`(iii) opportunities for participation in accordance with paragraph (1) of this subsection.CommentsClose CommentsPermalink





`(E) OTHER- Such other notices as the Secretary may require.CommentsClose CommentsPermalink





`(3) PUBLIC HEARING- The Secretary may not make a grant under this section to an applicant unless the applicant has convened and conducted a public hearing regarding the revitalization plan, not later than 90 days before submission of the application for the grant under this section for such plan, at a time and location that is convenient for residents of the public housing subject to the plan.CommentsClose CommentsPermalink





`(4) SERVICES- Each recipient of a grant under this section shall--CommentsClose CommentsPermalink





`(A) provide each household who is residing at the site of the revitalization 12 months prior to the date of the application with comprehensive relocation assistance for a period that is the latter of the two periods referred to in subparagraph (B) with comprehensive relocation assistance; andCommentsClose CommentsPermalink





`(B) offer, to each such displaced resident and each low-income family provided housing under the revitalization plan, community and supportive services until the latter of--CommentsClose CommentsPermalink





`(i) the expiration of the two-year period that begins upon the end of the development period under the plan; andCommentsClose CommentsPermalink





`(ii) the date on which all funding under the grant for community and supportive services has been expended.CommentsClose CommentsPermalink





`(h) Temporary Relocation Program- Each recipient of a grant under this section shall--CommentsClose CommentsPermalink





`(1) provide for each household displaced by the revitalization plan for which the grant is made to be relocated to comparable housing pursuant to section 18(a)(4)(A)(iii) and for payment of actual and reasonable relocation expenses of each such household pursuant to section 18(a)(4)(B);CommentsClose CommentsPermalink





`(2) fully inform such households of all relocation options, which may include relocating to housing in a neighborhood with a lower concentration of poverty than their current residence or remaining in the housing to which they relocate;CommentsClose CommentsPermalink





`(3) establish strategies and plans that assist such displaced residents in utilizing tenant-based vouchers to select housing opportunities, including in communities with a lower concentration of poverty, that--CommentsClose CommentsPermalink





`(A) will not result in a financial burden to the family; andCommentsClose CommentsPermalink





`(B) will promote long-term housing stability;CommentsClose CommentsPermalink





`(4) establish and comply with relocation benchmarks that ensure successful relocation in terms of timeliness; andCommentsClose CommentsPermalink





`(5) notwithstanding any other provision of law, in the case of any tenant-based assistance made available for relocation of a household under this subsection, provide that the term during which the household may lease a dwelling unit using such assistance shall not be shorter than 150 days.CommentsClose CommentsPermalink





`(i) Right to Expanded Housing Opportunities for Resident Households-CommentsClose CommentsPermalink





`(1) IN GENERAL- Subject only to paragraph (3), each revitalization plan assisted with a grant under this section shall make available, to each household occupying a dwelling unit in the public housing subject to a revitalization plan that is displaced as a result of the revitalization plan (including any demolition or disposition of the unit), occupancy for such household in a replacement dwelling unit provided pursuant to subparagraph (j). To exercise such right under this paragraph to occupancy in such a replacement dwelling unit, the household shall respond in writing to the notice provided pursuant to subsection (g)(2)(C) by the public housing agency.CommentsClose CommentsPermalink





`(2) PREFERENCES- Each revitalization plan shall, in making dwelling units available to households in accordance with paragraph (1), provide preference to each such household for occupancy in a dwelling unit in the following locations, in the following order:CommentsClose CommentsPermalink





`(A) A dwelling unit in housing provided on the same site as the project occupied by the household prior to the revitalization plan, if available.CommentsClose CommentsPermalink





`(B) A dwelling unit in the same census tract or neighborhood, whichever is smaller, in which was located the project occupied by the household prior to the revitalization plan, if available.CommentsClose CommentsPermalink





`(C) A dwelling unit in a census tract or neighborhood, which ever is smaller, adjacent to the census tract in which was located the project occupied by the household prior to the revitalization plan, if available.CommentsClose CommentsPermalink





`(3) REPORTS TO SECRETARY- The Secretary shall require each public housing agency carrying out a revitalization plan assisted under this section to submit to the Secretary such reports as may be necessary to allow the Secretary to determine the extent to which the public housing agency has complied with this subsection and to which displaced residents occupy replacement housing provided pursuant to subsection (j).CommentsClose CommentsPermalink





`(j) One-for-One Replacement- Each revitalization plan assisted with a grant under this section under which any public housing dwelling unit is demolished or disposed of shall provide that--CommentsClose CommentsPermalink





`(1) for each such dwelling unit demolished or disposed of that, as of the date of the application for the grant, was occupied, the public housing agency carrying out the plan shall provide an additional dwelling unit through--CommentsClose CommentsPermalink





`(A) the acquisition or development of additional public housing dwelling units; orCommentsClose CommentsPermalink





`(B) the acquisition, development, or contracting (including through project-based assistance) of additional dwelling units that are subject to requirements regarding eligibility for occupancy, tenant contribution toward rent, and long-term affordability restrictions which are comparable to public housing units, except that subparagraphs (B) and (D) of section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13); relating to percentage limitation and income-mixing requirement for project-based assistance) shall not apply with respect to vouchers used to comply with the requirements of this clause;CommentsClose CommentsPermalink





`(2) at least one-third of all such replacement units that are provided on the same site or sites as the project that is revitalized under the revitalization plan shall be public housing dwelling units;CommentsClose CommentsPermalink





`(3) such replacement units are provided--CommentsClose CommentsPermalink





`(A) only in the areas described in subparagraphs (A) through (C) of subsection (i)(2), except that upon a showing by a public housing agency that it is infeasible to provide all replacement units within the geographical areas described in such subparagraphs, the Secretary may waive the applicability of the requirement under this subparagraph (but not the requirement under paragraph (2)) to the extent necessary to permit the minimum number of replacement units to be located within other areas within the jurisdiction of the agency;CommentsClose CommentsPermalink





`(B) in the case of replacement units for demolished units, not later than 12 months after the demolition of the units; andCommentsClose CommentsPermalink





`(C) in a manner that results in decreased concentrations of poverty by location in a mixed-income community;CommentsClose CommentsPermalink





`(4) the public housing agency shall provide existing residents in public housing subject to the plan priority for occupancy in dwelling units in the revitalized housing that are public housing dwelling units, or for residents who can afford to live in other units, priority for those units in the revitalized community;CommentsClose CommentsPermalink





`(5) the demolition or disposition and relocation will be carried out in a manner that affirmatively furthers fair housing, as described in subsection (e) of section 808 of the Civil Rights Act of 1968 (42 U.S.C. 3608(e)); andCommentsClose CommentsPermalink





`(6) to the extent that the provision of such replacement or additional dwelling units, or redevelopment, is accomplished in phases over time, the ratio of dwelling units described in subparagraphs (A) and (B) of paragraph (1) that are provided in any such single phase to the total number of dwelling units provided in such phase is not less than the ratio of the aggregate number of such dwelling units provided under the revitalization plan to the total number of dwelling units provided under the revitalization plan.CommentsClose CommentsPermalink





`(k) Monitoring of Displaced Households-CommentsClose CommentsPermalink





`(1) PHA RESPONSIBILITIES- To facilitate compliance with the requirement under subsection (i) (relating to right to expanded housing opportunities), the Secretary shall, by regulation, require each public housing agency that receives a grant under this section, during the period of the revitalization plan assisted with the grant and until all funding under the grant has been expended--CommentsClose CommentsPermalink





`(A) to maintain a current address of residence and contact information for each household affected by the revitalization plan who, as of the date 12 months prior to the date of the submission of the application for the grant, was occupying a dwelling unit in the housing that is subject to the plan; andCommentsClose CommentsPermalink





`(B) to provide such updated information to the Secretary on at least a quarterly basis.CommentsClose CommentsPermalink





`(2) REPORTS BY SECRETARY- Not less frequently than once every six months, the Secretary shall submit a report to the Congress that includes all information submitted to the Secretary pursuant to paragraph (1) by all public housing agencies and summarizes the extent of compliance by public housing agencies with the requirements under this subsection and subsection (i).CommentsClose CommentsPermalink





`(l) Green Developments Requirement-CommentsClose CommentsPermalink





`(1) REQUIREMENT- The Secretary may not make a grant under this section to an applicant unless the proposed revitalization plan of the applicant to be carried out with such grant amounts meets the following requirements, as applicable:CommentsClose CommentsPermalink





`(A) GREEN COMMUNITIES CRITERIA CHECKLIST- All residential construction under the proposed plan complies with the national Green Communities criteria checklist for residential construction that provides criteria for the design, development, and operation of affordable housing, as such checklist is in effect for purposes of this subsection pursuant to paragraph (3) at the date of the application for the grant, as follows:CommentsClose CommentsPermalink





`(i) The proposed plan shall comply with all items of the national Green Communities criteria checklist for residential construction that are identified as mandatory.CommentsClose CommentsPermalink





`(ii) The proposed plan shall comply with such other nonmandatory items of such national Green Communities criteria checklist so as to result in a cumulative number of points attributable to such nonmandatory items under such checklist of not less than--CommentsClose CommentsPermalink





`(I) 25 points, in the case of any proposed plan (or portion thereof) consisting of new construction; andCommentsClose CommentsPermalink





`(II) 20 points, in the case of any proposed plan (or portion thereof) consisting of rehabilitation.CommentsClose CommentsPermalink





`(B) LEED RATINGS SYSTEM- All non-residential construction under the proposed plan complies with version 2.2 of the LEED for New Construction rating system, version 2.0 of the LEED for Core and Shell rating system, or version 2.0 of the LEED for Commercial Interiors rating system, as such systems are in effect for purposes of this subsection pursuant to paragraph (3) at the time of the application for the grant, at least to the minimum extent necessary to be certified to the Silver Level under such system.CommentsClose CommentsPermalink





`(2) VERIFICATION-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary shall verify, or provide for verification, sufficient to ensure that each proposed revitalization plan carried out with amounts from a grant under this section complies with the requirements under paragraph (1) and that the revitalization plan is carried out in accordance with such requirements and plan.CommentsClose CommentsPermalink





`(B) TIMING- In providing for such verification, the Secretary shall establish procedures to ensure such compliance with respect to each grantee, and shall report to the Congress with respect to the compliance of each grantee, at each of the following times:CommentsClose CommentsPermalink





`(i) Not later than 60 days after execution of the grant agreement under this section for the grantee.CommentsClose CommentsPermalink





`(ii) Upon completion of the revitalization plan of the grantee.CommentsClose CommentsPermalink





`(3) APPLICABILITY AND UPDATING OF STANDARDS-CommentsClose CommentsPermalink





`(A) APPLICABILITY- Except as provided in subparagraph (B), the national Green Communities criteria checklist and LEED rating systems referred to in subparagraphs (A) and (B) that are in effect for purposes of this subsection are such checklist and systems as in existence upon the date of the enactment of the HOPE VI Improvement and Reauthorization Act of 2007.CommentsClose CommentsPermalink





`(B) UPDATING- The Secretary may, by regulation, adopt and apply, for purposes of this section, future amendments and supplements to, and editions of, the national Green Communities criteria checklist and the LEED rating systems.CommentsClose CommentsPermalink





`(m) Fair Housing; Limitation on Exclusion-CommentsClose CommentsPermalink





`(1) FAIR HOUSING- Each revitalization plan assisted under this section shall affirmatively further fair housing, as described in subsection (e) of section 808 of the Civil Rights Act of 1968.CommentsClose CommentsPermalink





`(2) LIMITATION ON EXCLUSION- Except to the extent necessary to comply with the requirements of this section, housing provided under a revitalization plan of a public housing agency that is owned or managed, or assisted, by the agency shall be subject to the same policies, practices, standards, and criteria regarding waiting lists, tenant screening (including screening criteria, such as credit checks), and occupancy that apply to other housing owned or managed, or assisted, respectively, by such agency. A household may not be prevented from occupying a replacement dwelling unit provided pursuant to subsection (j) or any other dwelling unit provided under a revitalization plan, except to the extent specifically provided by any other provision of Federal law (including subtitle F of title V of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661 et seq.; relating to safety and security in public and assisted housing, subtitle D of title VI of the Housing and Community Development Act of 1992), (42 U.S.C. 13611 et seq.; relating to preferences for elderly and disabled residents), and section 16(f) of the United States Housing Act of 1937 (42 U.S.C. 1437n(f); relating to ineligibility of persons convicted of methamphetamine offenses)).CommentsClose CommentsPermalink





`(n) Enforcement-CommentsClose CommentsPermalink





`(1) ADMINISTRATIVE ENFORCEMENT- If the Secretary determines on the record after opportunity for an agency hearing, pursuant to a request made by any member of household described in subsection (i)(1) who is adversely affected or aggrieved by a violation of subsection (g), (h), (i), (j), or (k), that such a violation has occurred, the Secretary shall issue an order requiring the public housing agency committing such violation to cease and desist for such violation and to take any affirmative action necessary to correct or remedy the conditions resulting from such violation.CommentsClose CommentsPermalink





`(2) AVAILABILITY OF OTHER REMEDIES- The remedy under paragraph (1) shall be in addition to all other rights and remedies provided by law.CommentsClose CommentsPermalink





`(o) Performance Benchmarks-CommentsClose CommentsPermalink





`(1) IN GENERAL- Each public housing agency that receives a grant under this section shall, in consultation with the Secretary and residents of the public housing subject to the revitalization plan for which the grant is made that are displaced as a result of the revitalization plan, establish performance benchmarks for each component of their revitalization plan.CommentsClose CommentsPermalink





`(2) FAILURE TO MEET BENCHMARKS- If a public housing agency fails to meet the performance benchmarks established pursuant to paragraph (1), the Secretary shall impose appropriate sanctions, including--CommentsClose CommentsPermalink





`(A) appointment of an alternative administrator for the revitalization plan;CommentsClose CommentsPermalink





`(B) financial penalties;CommentsClose CommentsPermalink





`(C) withdrawal of funding under subsection (j); orCommentsClose CommentsPermalink





`(D) such other sanctions as the Secretary may deem necessary.CommentsClose CommentsPermalink





`(3) EXTENSION OF BENCHMARKS- The Secretary shall extend the period for compliance with performance benchmarks under paragraph (1) for a public housing agency, for such period as the Secretary determines to be necessary, if the failure of the agency to meet such benchmarks is attributable to--CommentsClose CommentsPermalink





`(A) litigation;CommentsClose CommentsPermalink





`(B) obtaining approvals of the Federal Government or a State or local government;CommentsClose CommentsPermalink





`(C) complying with environmental assessment and abatement requirements;CommentsClose CommentsPermalink





`(D) relocating residents; orCommentsClose CommentsPermalink





`(E) any other reason established by the Secretary by notice published in the Federal Register.CommentsClose CommentsPermalink





`(4) AUTHORITY OF SECRETARY- In determining the amount of each grant under this section and the closeout date for the grant, the Secretary shall take into consideration the scope, scale, and size of the revitalization plan assisted under the grant.CommentsClose CommentsPermalink





`(p) Applicability of Other Laws-CommentsClose CommentsPermalink





`(1) SECTION 18- Any severely distressed public housing demolished or disposed of pursuant to a revitalization plan and any public housing developed in lieu of such severely distressed housing shall be subject to the provisions of section 18. To the extent the provisions of section 18 conflict with or are duplicative of the provisions of this section, the provisions of this section solely shall apply.CommentsClose CommentsPermalink





`(2) URA- The Uniform Relocation and Real Property Acquisition Policies Act of 1974 shall apply to all relocation activities pursuant to a revitalization plan under this section.'.CommentsClose CommentsPermalink

SEC. 9. ANNUAL REPORT; AVAILABILITY OF DOCUMENTS.

Subsection (u) of section 24, as so redesignated by section 8(1) of this Act, is amended--CommentsClose CommentsPermalink





(1) by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink





`(4) the extent to which public housing agencies carrying out revitalization plans with grants under this section have complied with the requirements under subsection (i) (relating to right to expanded housing opportunities for resident households); and'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`To the extent not inconsistent with any other provisions of law, the Secretary shall make publicly available through a World Wide Web site of the Department of Housing and Urban Development all documents of, or filed with, the Department relating to the program under this section, including applications, grant agreements, plans, budgets, reports, and amendments to such documents; except that in carrying out this sentence, the Secretary shall take such actions as may be necessary to protect the privacy of any residents and households displaced from public housing as a result of a revitalization plan assisted under this section.'.CommentsClose CommentsPermalink

SEC. 10. DEFINITIONS.

Subsection (s) of section 24, as so redesignated by section 8(l) of this Act, is amended--CommentsClose CommentsPermalink





(1) in clauses (i) and (iii) of paragraph (1)(C), by striking `program' each place such term appears and inserting `plan';CommentsClose CommentsPermalink





(2) in paragraph (3)--CommentsClose CommentsPermalink





(A) by striking `SUPPORTIVE' and inserting `COMMUNITY AND SUPPORTIVE';CommentsClose CommentsPermalink





(B) by inserting `community and' before `supportive services'; andCommentsClose CommentsPermalink





(C) by inserting after `transportation,' the following: `employment and vocational counseling, financial counseling, life skills training,';CommentsClose CommentsPermalink





(3) by redesignating paragraph (3) as paragraph (5);CommentsClose CommentsPermalink





(4) by inserting after paragraph (2), the following new paragraph:CommentsClose CommentsPermalink





`(4) SIGNIFICANT AMENDMENT OR CHANGE- The term `significant' means, with respect to an amendment or change to a revitalization plan, that the amendment or change--CommentsClose CommentsPermalink





`(A) changes the use of 10 percent or more of the funds provided under the grant made under this section for the plan from use for one activity to use for another;CommentsClose CommentsPermalink





`(B) eliminates an activity that, notwithstanding the change, would otherwise be carried out under the plan; orCommentsClose CommentsPermalink





`(C) changes the scope, location, or beneficiaries of the project carried out under the plan.';CommentsClose CommentsPermalink





(5) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink





(6) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink





`(2) COMPREHENSIVE RELOCATION ASSISTANCE- The term `comprehensive relocation assistance' means comprehensive assistance necessary to relocate the members of a household, and includes counseling, including counseling regarding housing options and locations and use of tenant-based assistance, case management services, assistance in locating a suitable residence, site tours, and other assistance.'.CommentsClose CommentsPermalink

SEC. 11. CONFORMING AMENDMENT.

Paragraph (1) of section 24(f) is amended by striking `programs' and inserting `plan'.CommentsClose CommentsPermalink

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

Subsection (v)(1) of section 24, as so redesignated by section 8(1) of this Act, is amended by striking all that follows `section' and inserting `$800,000,000 for each of fiscal years 2008 through 2015'.CommentsClose CommentsPermalink

SEC. 13. EXTENSION OF PROGRAM.

Subsection (w) of section 24, (as so redesignated by section 8(1) of this Act) is amended by striking `September 30, 2006' and inserting `September 30, 2015'.CommentsClose CommentsPermalink

SEC. 14. REVIEW.

The Comptroller General of the United States shall--CommentsClose CommentsPermalink





(1) conduct a review of activities, actions, and methods used in revitalization plans assisted under section 24 of the United States Housing Act of 1937 to determine which may be transferable to other federally-assisted housing programs; andCommentsClose CommentsPermalink





(2) make recommendations to the Congress regarding the activities, actions, and methods reviewed under paragraph (1) not later than September 30, 2010.CommentsClose CommentsPermalink

SEC. 15. REGULATIONS.

Section 24, as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(x) Regulations- Not later than the expiration of the 120-day period beginning on the date of the enactment of the HOPE VI Improvement and Reauthorization Act of 2007, the Secretary shall issue regulations to carry out this section, including the amendments made by such Act.'.CommentsClose CommentsPermalink