PUBLIC LAW 104-134—APR. 26, 1996 110 STAT. 1321-278
"(3) A mixed income development may elect to have all units
subject only to the applicable local real estate taxes, notwithstanding that the low-income units assisted by public housing funds
would otherwise be subject to section 6(d) of the Housing Act
of 1937.
"(4) If an entity that owns or operates a mixed-income project
under this subsection enters into a contract with a public housing
agency, the terms of which obligate the entity to operate and
maintain a specified number of units in the project as public housing
units in accordance with the requirements of this Act for the period
required by law, such contractual terms may provide that, if, as
a result of a reduction in appropriations under section 9, or any
other change in applicable law, the public housing agency is unable
to fulfill its contractual obligations with respect to those public
housing units, that entity may deviate, under procedures and
requirements developed through regulations by the Secretary, from
otherwise applicable restrictions under this Act regarding rents,
income eligibility, and other areas of public housing management
with respect to a portion or all of those public housing units,
to the extent necessary to preserve the viability of those units
while maintaining the low-income character of the units, to the
maximum extent practicable.".
(2) APPLICABILITY.— Section 14(q) of the United States
Housing Act of 1937, as amended by subsection (a) of this
section, shall be effective only with respect to assistance provided from funds made available for fiscal year 1996 or any
preceding fiscal year.
(3) APPLICABILITY TO IHAS.— In accordance with section
201(b)(2) of the United States Housing Act of 1937, the amendment made by this subsection shall apply to public housing
developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.
(b) ONE-FOR-ONE REPLACEMENT OF PUBLIC AND INDIAN
HOUSING. —
(1) EXTENDED AUTHORITY.— Section 1002(d) of Public Law
104^19 is amended to read as follows:
"(d) Subsections (a), (b), and (c) shall be effective for applications
for the demolition, disposition, or conversion to homeownership
of public housing approved by the Secretary, and other consolidation
and relocation activities of public housing agencies undertaken,
on, before, or after September 30, 1995 and before September 30,
1996. ".
(2) Section 18(f) of the United States Housing Act of 1937 42 USC I437p
is amended by adding at the end the following new sentence:
"No one may rely on the preceding sentence as the basis for
reconsidering a final order of a court issued, or a settlement
approved, by a court.".
(3) APPLICABILITY. — In accordance with section 201(b)(2)
of the United States Housing Act of 1937, the amendments
made by this subsection and by sections 1002(a), (b), and
(c) of Public Law 104-19 shall apply to public housing developed
or operated pursuant to a contract between the Secretary of
Housing and Urban Development and an Indian housing
authority.
42 USC 1437/
note.
42 USC 1437aa
note.
42 USC 1437c
note.
42 USC 1437aa
note.
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