Page:United States Statutes at Large Volume 112 Part 3.djvu/731

This page needs to be proofread.

PUBLIC LAW 105-276—OCT. 21, 1998 112 STAT. 2561 (b) ALLOCATION OF ASSISTANCE.— Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended by striking subsection (p). (c) CONFORMING AMENDMENTS. —The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended— (1) in section 303(b)(10) (42 U.S.C. 1437aaa-2(b)(10)), by striking "under section 9" the first place it appears and inserting "from the Operating Fund"; and (2) in section 305(e) (42 U.S.C. 1437aaa-4(e)), by striking "Operating subsidies" and inserting "Amounts from an allocation from the Operating Fund". (d) TRANSITIONAL CEILING RENTS. — Notwithstanding section 42 USC i437a 3(a)(1) of the United States Housing Act of 1937 (42 U.S.C. note. 1437a(l)), during the period ending upon the later of the implementation of the formulas established pursuant to subsections (d)(2) and (e)(2) of such Act (as amended by this section) and October 1, 1999, a public housing agency may take any of the following actions with respect to public housing: (1) NEW PROVISIONS.— An agency may— (A) adopt and apply ceiling rents that reflect the reasonable market value of the housing, but that are not less than— (i) for housing other than housing predominantly for elderly or disabled families (or both), 75 percent of the monthly cost to operate the housing of the agency; (ii) for housing predominantly for elderly or disabled families (or both), 100 percent of the monthly cost to operate the housing of the agency; and (iii) the monthly cost to make a deposit to a replacement reserve (in the sole discretion of the public housing agency); and (B) allow families to pay ceiling rents referred to in subparagraph (A), unless, with respect to any family, the ceiling rent established under this paragraph would exceed the amount payable as rent by that family under paragraph (1). (2) CEILING RENTS FROM BALANCED BUDGET ACT, L—-An agency may utilize the authority under section 3(a)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(2)), as in effect immediately before the enactment of this Act, notwithstanding any amendment to such section made by this Act. (3) TRANSITIONAL CEILING RENTS FOR BALANCED BUDGET ACT, L—An agency may utilize the authority with respect to ceiling rents under section 402(b)(2) of The Balanced Budget Downpayment Act, I (42 U.S.C. 1437a note), notwithstanding any other provision of law (including the expiration of the applicability of such section or the repeal of such section). (e) TRANSITIONAL PROVISION OF ASSISTANCE.— 42 USC i437g (1) IN GENERAL.— Subject to paragraph (2), before the note. implementation of formulas pursuant to sections 9(d)(2) and 9(e)(2) of the United States Housing Act of 1937 (as amended by subsection (a) of this section), the Secretary shall provide that each public housing agency shall receive funding under sections 9 and 14 of the United States Housing Act of 1937, as those sections existed immediately before the enactment