Page:United States Statutes at Large Volume 110 Part 2.djvu/425

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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.