Page:United States Statutes at Large Volume 123.djvu/238

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123STA T . 21 8PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9cap ac ity t oex ec u tep r o j ect s,l e v era g i n g potential, concentration o f invest m ent to ac h ieve neigh b orhoo d stabili z ation, and any addi - tional factors determined by the S ecretary of H ousing and U rban D evelopment

Provide

d fu r th er ,T hat the Secretary may establish a minimum grant size: Provided further, That the Secretary shall publish criteria on w hich to base competition for any grants awarded under this heading not later than 75 days after the enact- ment of this A ct and applications shall be due to HUD not later than 1 5 0 days after the enactment of this Act: Provided further, That the Secretary shall obligate all funding within 1 year of enactment of this Act: Provided further, That section 23 01 ( d ) ( 4 ) of the Act is repealed: Provided further, That section 2301(c)(3)( C ) of the Act is amended to read ‘ ‘establish and operate land ban k s for homes and residential properties that have been foreclosed upon ’ ’: Provided further, That funding used for section 2301(c)(3)( E ) of the Act shall be available only for the redevelopment of demol- ished or vacant properties as housing: Provided further, That no amounts made available from a grant under this heading may be used to demolish any public housing (as such term is defined in section 3 of the United States Housing Act of 1 9 37(42U . S.C. 1437a)): Provided further, That a grantee may not use more than 10 percent of its grant under this heading for demolition activities under section 2301(c)(3)(C) and (D) unless the Secretary determines that such use represents an appropriate response to local market conditions: Provided further, That the recipient of any grant or loan from amounts made available under this heading or, after the date of enactment under division B , title I II of the Housing and Economic R ecovery Act of 200 8 , may not refuse to lease a dwelling unit in housing with such loan or grant to a participant under section 8 of the United States Housing Act of 1937 (42 U.S.C 1437f) because of the status of the prospective tenant as such a participant: Provided further, That in addition to the eligible uses in section 2301, the Secretary may also use up to 10 percent of the funds provided under this heading for grantees for the provision of capacity building of and support for local communities receiving funding under section 2301 of the Act or under this heading: Provided further, That in administering funds appro- priated or otherwise made available under this section, the Sec- retary may waive or specify alternative re q uirements for any provi- sion of any statute or regulation in connection with the obligation by the Secretary or the use of funds except for requirements related to fair housing, nondiscrimination, labor standards and the environ- ment, upon a finding that such a waiver is necessary to expedite or facilitate the use of such funds: Provided further, That in the case of any acquisition of a foreclosed upon dwelling or residential real property acquired after the date of enactment with any amounts made available under this heading or under division B, title III of the Housing and Economic Recovery Act of 2008 ( P ublic L aw 110 – 289), the initial successor in interest in such property pursuant to the foreclosure shall assume such interest subject to: (1) the provision by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice

and (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure: (A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on Forecl o su re .N o ti ce. 42USC5301n ote. Wa i v er aut h orit y . 42 USC 5301 note. 42 USC 5301 note. D ea d line. P u b lication. Criteria. Deadlines.