Short title; references; table of contents

(a)

Short title

This Act may be cited as the

HOPE VI Improvement and Reauthorization Act of 2008

. (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.). (c)

Table of contents

The table of contents for this Act is as follows:

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

Sec. 2. Purposes of program.

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

Sec. 4. Prohibition of demolition-only grants.

Sec. 5. Main Street projects grants.

Sec. 6. Eligible activities.

Sec. 7. Selection of proposals for grants.

Sec. 8. Requirements for mandatory core components.

Sec. 9. Planning and technical assistance grants.

Sec. 10. Annual report; availability of documents.

Sec. 11. Definitions.

Sec. 12. Conforming amendment.

Sec. 13. Authorization of appropriations.

Sec. 14. Extension of program.

Sec. 15. Review.

Sec. 16. Extension of availability of funds for revitalization plans delayed by hurricanes.

Sec. 17. Regulations.

Sec. 18. Non-citizen eligibility restrictions.

Purposes of program

Subsection (a) of section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v(a)) is amended— (1)in paragraph (1), by inserting before through the following: located in communities of all sizes, including small- and medium-sized communities,; (2)in paragraph (3)— (A)by inserting low- and before very low-income; and (B)by striking and at the end; (3)in paragraph (4), by striking the period at the end and inserting ; and; and (4)by adding at the end the following new paragraph:

(5)promoting housing choice among low- and very low-income families.

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:

(4)

Waiver

(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. (B)

Regulations

The Secretary shall issue regulations to carry out this paragraph, which shall— (i)set forth such circumstances of extreme distress and emergency; and (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.

Prohibition of demolition-only grants

Section 24 is amended— (1)in subsection (c)(3), by striking or demolition of public housing (without replacement); (2)in the first sentence of subsection (e)(3)— (A)by striking demolition only,; and (B)by striking the last comma; and (3)in subsection (e), by adding at the end the following new paragraph:

(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.

Main Street projects grants

Section 24 is amended— (1)by redesignating subsection (n) as subsection (y); (2)in subsection (l), by striking subsection (n) each place such term appears and inserting subsection (y); and (3)in subsection (m)(3), by striking subsection (n) and inserting subsection (y).

Eligible activities

Paragraph (1) of section 24(d) is amended— (1)in the matter preceding subparagraph (A), by striking programs and inserting plans; (2)in subparagraph (G), by striking program and inserting plan; (3)by striking subparagraph (J) and inserting the following new subparagraph:

(J)the acquisition and development of replacement housing units in accordance with subsection (j);

(4)in subparagraph (K), by striking and at the end; (5)in subparagraph (L)— (A)by striking 15 percent and inserting 25 percent; and (B)by striking the period at the end and inserting a semicolon; and (6)by adding at the end the following new subparagraphs:

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

Selection of proposals for grants

(a)

Selection criteria

Section 24(e) is amended by striking paragraph (2) and inserting the following new paragraph:

(2)

Grant award criteria

(A)

Establishment

The Secretary shall establish criteria for the award of grants under this section. (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: (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— (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); and (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. (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). (iii)

Relocation plan

The proposed plan shall provide a plan for 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. (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). (v)

One-for-one replacement

The proposed plan shall provide a plan that— (I)(aa)provides for replacement in accordance with subsection (j) of 100 percent of all dwelling units in existence as of January 1, 2005, that are subject to the revitalization plan and that have been or will be demolished or disposed of, on the site of the original public housing or within the jurisdiction of the public housing agency; or (bb)pursuant to subsection (j)(1)(B), requests a reduction of the percentage specified in subsection (j)(1)(A) and provides for replacement of dwelling units demolished or disposed of in accordance with the percentage requested; (II)identifies the type of replacement housing that will be offered to residents displaced by the revitalization plan; (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) (as modified by any percentage reduction requested under subsection (j)(1)(B)); and (IV)contains such assurances or agreements as the Secretary considers necessary to ensure compliance with subsection (i)(2). (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). (vii)

Green developments

The proposed plan complies with the requirement under subsection (l) (relating to green developments). (C)

Mandatory graded components

The criteria under this paragraph shall provide that, in addition to the requirements under subparagraph (B), the proposed revitalization plan shall address and meet minimum requirements with respect to, and shall provide additional priority based on the extent to which the plan satisfactorily addresses, each of the following issues: (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). (ii)

Capability and record

The extent of the capability and record of the applicant public housing agency, public partners, proposed private development partners (including nonprofit housing developers), 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)). (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. (iv)

Effectiveness of relocation and one-for-one replacement plans

The extent of the likely effectiveness of the proposed revitalization plan for temporary and permanent relocation of existing residents, including the likely effectiveness of the relocation plan under subparagraph (B)(iii) and the one-for-one replacement plan under subparagraph (B)(v). (v)

Achievability of revitalization plan

The achievability of the proposed revitalization plan pursuant to subsection (o), with respect to the scope and scale of the project. (vi)

Leveraging

The extent to which the proposed revitalization plan will leverage other public or private funds or assets for the project. (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. (viii)

Public and private involvement

The extent of involvement of State and local governments, private service providers, financing entities, and developers (including nonprofit housing developers), in the development and ongoing implementation of the revitalization plan. (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. (x)

Affordable housing supply

The extent of the supply of other housing available and affordable to families receiving tenant-based assistance under section 8. (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. (xii)

Green developments compliance

The extent to which the proposed revitalization plan— (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), or any substantially equivalent standard or standards as determined by the Secretary, but only to the extent such compliance exceeds the compliance necessary to accumulate the number of points required under such subsection; and (II)in the case of non-residential construction, complies with the components of the green building rating systems and levels identified by the Secretary pursuant to subsection (l)(3), but only to the extent such compliance exceeds the minimum level required under such systems and levels. (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, including, but not limited to, elderly households, disabled households, households consisting of grandparents raising grandchildren, large families, households displaced by the revitalization plan in need of special services, and households consisting of or including an individual who served on active duty in the Armed Forces of the United States for a period of not less than 90 days and who was discharged or released from such duty under conditions other than dishonorable. For purposes of this clause, the term families whose housing needs are difficult to fulfill shall not include any individuals, or any categories of individuals, who have been released from a prison, jail, or other correctional facility of the Federal Government, a State government, or a unit of general local government, notwithstanding whether such individuals are not ineligible for occupancy in public housing pursuant to subsection (m)(2), have not been arrested for or charged with any crime during any specific period, or are individuals for whom housing is a critical need. (xiv)

Family-friendly housing

The extent to which replacement housing units provided through the revitalization plan contain a sufficient number of bedrooms to prevent overcrowding. (xv)

Additional on-site mixed-income housing

The extent to which the one-for-one replacement plan under subparagraph (B)(v) provides public housing units in addition to the number necessary to minimally comply with the requirement under subsection (j)(2)(A)(i), including the extent to which such plan provides sufficient housing for elderly and disabled residents who indicate a preference to return to housing provided on the site of the original public housing involved in the revitalization plan and complies with the requirements of subsection (j)(2)(A)(ii). (xvi)

Other

Such other factors as the Secretary considers appropriate.

(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:

(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. (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 determining whether the public housing projects involved in the application are severely distressed public housing.

(c)

Exclusion of green development costs from total development costs

Subsection (f) of section 24 is amended by adding after and below paragraph (2) the following:

In determining the total development costs for a revitalization plan, the Secretary shall not consider any costs of compliance with green building rating systems and levels identified by the Secretary pursuant to subsection (l)(3).

Requirements for mandatory core components

Section 24 is amended— (1)by redesignating subsections (h) through (m) as subsections (q) through (v), respectively; (2)by redesignating subsection (o) as subsection (w); and (3)by striking subsection (g) and inserting the following new subsections:

(g)

Resident involvement and services

(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. (2)

Notices

In carrying out a revitalization plan assisted under this section, a public housing agency shall provide the following written notices, in plain and nontechnical language, to each household occupying a dwelling unit in the public housing that is subject to, or to be subject to, the plan: (A)

Notice of intent

Not later than the expiration of the 30-day period beginning upon publication by the Secretary of a notice of funding availability for a grant under this section for such plan, notice of— (i)the public housing agency’s intent to submit such application; (ii)the proposed implementation and management of the revitalized site; (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); and (iv)the public hearing pursuant to paragraph (3). (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— (i)such grant has been awarded; (ii)describes the process involved under the revitalization plan to temporarily relocate residents of the public housing that is subject to the plan; (iii)provides the information required pursuant to subsection (h)(2) (relating to relocation options); and (iv)informs residents of opportunities for participation in accordance with paragraph (1). (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— (i)specifically identifies the housing available for relocation of resident of the public housing subject to the revitalization plan; (ii)sets forth the schedule for relocation of residents of the public housing subject to the revitalization plan, including the approximate dates on which such housing will be available for such relocation; and (iii)informs residents of opportunities for participation in accordance with paragraph (1). (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— (i)such availability; (ii)the process and procedure for exercising the right to expanded housing opportunities and preferences under subsection (i)(2); and (iii)opportunities for participation in accordance with paragraph (1) of this subsection. (E)

Other

Such other notices as the Secretary may require. (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, including the one-for-one replacement to occur under the plan, not later than 75 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. (4)

Services

Each recipient of a grant under this section shall— (A)provide each household who is residing at the site of the revitalization as of the date of the notice of intent under subparagraph (A) with comprehensive relocation assistance for a period that is the latter of the two periods referred to in subparagraph (B) with comprehensive relocation assistance; and (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— (i)the expiration of the two-year period that begins upon the end of the development period under the plan; and (ii)the date on which all funding under the grant for community and supportive services has been expended. (5)

Significant amendments or changes to plan

A public housing agency may not carry out any significant amendment or change to a revitalization plan unless— (A)the public housing agency has convened and conducted a public hearing regarding the significant amendment or change at a time and location that is convenient for residents of the public housing subject to the plan and has provided each household occupying a dwelling unit in such public housing with written notice of such hearing not less than 10 days before such hearing; (B)after such hearing, the public housing agency consults with the households occupying dwelling units in the public housing that are subject to, or to be subject to the plan, and the agency submits a report to the Secretary describing the results of such consultation; and (C)the Secretary approves the significant amendment or change.

Notwithstanding subparagraph (C), if the Secretary does not approve or disapprove a request for a significant amendment or change to a revitalization plan before the expiration of the 30-day period beginning upon the receipt by the Secretary of the report referred to in subparagraph (B), such request shall be considered to have been approved.

(h)

Relocation program

Each recipient of a grant under this section shall— (1)provide for each household displaced by the revitalization plan for which the grant is made to be relocated to a comparable replacement dwelling, as defined in section 101 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601), and for payment of actual and reasonable relocation expenses of each such household and any replacement housing payments as are required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; (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; (3)to the maximum extent possible, minimize academic disruptions on affected children enrolled in school by coordinating relocation with school calendars; (4)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— (A)will not result in a financial burden to the family; and (B)will promote long-term housing stability; (5)establish and comply with relocation benchmarks that ensure successful relocation in terms of timeliness; and (6)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; if the household is unable to lease a dwelling unit during such period, the public housing agency shall extend the period during which the household may lease a dwelling unit using such assistance and continue to provide the household with comprehensive relocation assistance, or at the option of the household, provide the household with the next available dwelling unit owned by the public housing agency. (i)

Right to expanded housing opportunities for resident households

(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 subsection (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. (2)

Preferences

Such a replacement dwelling unit shall be made available to each household displaced as a result of the revitalization plan before any replacement dwelling unit is made available to any other eligible household. (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), which shall include information describing the location of replacement housing provided pursuant to subsection (j) and statistical information on the characteristics of all households occupying such replacement housing. (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 as follows: (1)

Number

(A)

In general

For one hundred percent, or such lower percentage as is provided pursuant to subparagraph (B), of all such dwelling units in existence as of January 1, 2005, that are subject to the revitalization plan and that have been or will be demolished or disposed of, the public housing agency carrying out the plan shall provide an additional dwelling unit. (B)

Waiver

(i)

Authority

Upon the written request of a public housing agency submitted as part of an application for a grant under this section, the Secretary may reduce the percentage applicable under subparagraph (A) to a revitalization plan of the agency to not less than 90 percent, but only if— (I)the Secretary determines that such written request has sufficiently demonstrated a compelling need for such reduction due to extenuating circumstances, which shall include— (aa)a judgment, consent decree, or other order of a court that limits the ability of the public housing agency to comply with such requirements; (bb)a severe shortage of land available to comply with such requirements; and (cc)such other circumstances as the Secretary determines on a case-by-case basis; and (II)the reduction is narrowly tailored such that it— (aa)reduces the percentage only to the extent necessary to address the particular extenuating circumstances demonstrated pursuant to subclause (I); and (bb)is limited in a manner that ensures the maximum extent of compliance with the requirements of this subsection. (ii)

Required and impermissible considerations

In determining whether a compelling need for a reduction pursuant to this subparagraph exists, and extenuating circumstances exist, for purposes of clause (i), the Secretary— (I)shall take into consideration the extent and circumstances of any vacant public housing dwelling units of the public housing agency; (II)shall take into consideration the extent to which revitalization plan provides additional amenities that will improve the quality of the life of residents by increasing open space or by providing health care or day care facilities or by providing larger units to accommodate families; and (III)shall not base any such determination solely or primarily upon any financial hardship of a public housing agency or any other financial condition or consideration. (iii)

No waiver of time limits

The Secretary may not, under this subparagraph, waive any requirement of paragraph (3) (relating to timing). The preceding sentence may not be construed to limit or otherwise affect the authority under subsection (o)(3). (iv)

Penalty

If, pursuant to this subparagraph, the Secretary reduces the percentage under subparagraph (A) applicable to the revitalization plan of a public housing agency, no grant under this section may be made to such agency or for any public housing of such agency at any time that such agency is not in full compliance with the requirements of this paragraph, as modified by the terms of such reduction. (2)

Location

Such dwelling units shall be provided in the following manner: (A)

On-site mixed-income housing

(i)

One-third requirement

A mixed-income housing development shall be provided on the site of the original public housing involved in the revitalization plan in which, except as provided in clause (iii), at least one-third of all dwelling units shall be public housing dwelling units and shall be provided through the development of additional public housing dwelling units. (ii)

Requirements for additional on-site units

If the mixed-income housing development provided pursuant to clause (i) includes more public housing dwelling units at the site of the original public housing than is minimally necessary to comply with such clause, the public housing agency shall consult with residents, community leaders, and local government officials regarding such additional public housing dwelling units and shall ensure that such units are provided in a manner that affirmatively furthers fair housing. (iii)

Exception

If, upon a showing by a public housing agency, the Secretary determines that it is infeasible to locate replacement dwelling units on the site of the original public housing involved in the revitalization plan in accordance with clause (i), all replacement units shall be located in areas within the jurisdiction of the public housing agency having low concentrations of poverty, except that at least one mixed-income housing development shall be provided in such an area within the jurisdiction of the public housing agency and that one-third of all units in such development shall be public housing dwelling units. The Secretary may make a finding of infeasibility under this clause only if— (I)such location on-site would result in the violation of a consent decree; or (II)the land on which the public housing is located is environmentally unsafe, geologically unstable, or otherwise unsuitable for the construction of housing, as evidenced by an independent environmental review or assessment. (iv)

Deconcentration of poverty

All dwelling units provided pursuant to this subparagraph shall be provided in a manner that results in decreased concentrations of poverty, with respect to such concentrations existing on the date of the application for the grant under this section. (B)

Off-site mixed-income housing

Any other replacement housing units provided in addition to the dwelling units provided pursuant to subparagraph (A) shall be provided, in areas within the jurisdiction of the public housing agency having low concentrations of poverty, through— (i)the acquisition or development of additional public housing dwelling units; or (ii)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.

Notwithstanding the preceding sentence, if a public housing agency has limited areas within its jurisdiction having low concentrations of poverty, the replacement housing units provided in addition to the dwelling units provided pursuant to subparagraph (A) may be provided within a 25-mile radius of the mixed-income development referred to in subparagraph (A).

(3)

Timing

All replacement dwelling units required pursuant to this subsection with respect to the revitalization plan of a public housing agency shall be provided not later than the expiration of the 54-month period that begins upon the execution of the grant agreement under this section for the revitalization plan of the public housing agency. To the greatest extent practicable, such replacement or additional dwelling units, or redevelopment, shall be accomplished in phases over time and, in each such phase, the public housing dwelling units and the dwelling units described in subparagraph (B)(ii) of paragraph (2) shall be made available for occupancy before any nonassisted dwelling unit is made available for occupancy. (4)

Fair housing

The demolition or disposition, relocation, and provision of replacement housing units under paragraph (2)(B) shall 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)). (5)

Project-based vouchers

There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2009 through 2015 for providing replacement vouchers for project-based rental assistance for the purpose of complying with the one-for-one replacement requirement under this subsection. (k)

Monitoring of displaced households

(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— (A)to maintain a current address of residence and contact information for each household affected by the revitalization plan who was occupying a dwelling unit in the housing that is subject to the plan; and (B)to provide such updated information to the Secretary on at least a quarterly basis. (2)

Certification

The Secretary may not close out any grant made under this section to a public housing agency before the agency has certified to the Secretary that the agency has complied with subsection (i) (relating to a right to expanded housing opportunities for resident households) with respect to each resident displaced as a result of the revitalization plan, including providing occupancy in a replacement dwelling unit for each household who requested such a unit in accordance with such subsection. (3)

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). (l)

Green developments requirement

(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: (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 (4) at the date of the application for the grant, or any substantially equivalent standard or standards as determined by the Secretary, as follows: (i)The proposed plan shall comply with all items of the national Green Communities criteria checklist for residential construction that are identified as mandatory. (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— (I)25 points, in the case of any proposed plan (or portion thereof) consisting of new construction; and (II)20 points, in the case of any proposed plan (or portion thereof) consisting of rehabilitation. (B)

Green buildings certification system

All non-residential construction under the proposed plan complies with all minimum required levels of the green building rating systems and levels identified by the Secretary pursuant to paragraph (3), as such systems and levels are in effect for purposes of this subsection pursuant to paragraph (4) at the time of the application for the grant. (2)

Verification

(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. (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: (i)Not later than 60 days after execution of the grant agreement under this section for the grantee. (ii)Upon completion of the revitalization plan of the grantee. (3)

Identification of green buildings rating systems and levels

(A)

In general

For purposes of this section, the Secretary shall identify rating systems and levels for green buildings that the Secretary determines to be the most likely to encourage a comprehensive and environmentally-sound approach to ratings and standards for green buildings. The identification of the ratings systems and levels shall be based on the criteria specified in subparagraph (B), shall identify the highest levels the Secretary determines are appropriate above the minimum levels required under the systems selected. Within 90 days of the completion of each study required by subparagraph (C), the Secretary shall review and update the rating systems and levels, or identify alternative systems and levels for purposes of this section, taking into account the conclusions of such study. (B)

Criteria

In identifying the green rating systems and levels, the Secretary shall take into consideration— (i)the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subsection; (ii)the ability of the applicable ratings system organizations to collect and reflect public comment; (iii)the ability of the standards to be developed and revised through a consensus-based process; (iv)an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting— (I)efficient and sustainable use of water, energy, and other natural resources; (II)use of renewable energy sources; (III)improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; and (IV)such other criteria as the Secretary determines to be appropriate; and (v)national recognition within the building industry. (C)

5-year evaluation

At least once every five years, the Secretary shall conduct a study to evaluate and compare available third-party green building rating systems and levels, taking into account the criteria listed in subparagraph (B). (4)

Applicability and updating of standards

(A)

Applicability

Except as provided in subparagraph (B), the national Green Communities criteria checklist and green building rating systems and levels referred to in subparagraphs (A) and (B) of paragraph (1) that are in effect for purposes of this subsection are such checklist systems, and levels as in existence upon the date of the enactment of the HOPE VI Improvement and Reauthorization Act of 2008. (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, any standard or standards that the Secretary has determined to be substantially equivalent to such checklist, and the green building ratings systems and levels identified by the Secretary pursuant to paragraph (3). (m)

Fair housing; consistent eligibility and occupancy standards

(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. (2)

Consistent eligibility and occupancy standards

Except to the extent necessary to comply with the requirements of this section, replacement housing provided pursuant to subsection (j) 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, including requirements under Federal law relating to safety and security in public and assisted housing and ineligibility of drug criminals, illegal drug users, alcohol abusers, and dangerous sex offenders, preferences for elderly and disabled residents, and ineligibility of persons convicted of methamphetamine offenses. (3)

Consistent occupancy standards for displaced families

Notwithstanding paragraph (2), any household who occupied a dwelling unit in public housing subject to a revitalization plan of a public housing agency and that was displaced as a result of the revitalization shall be subject, for purposes of occupancy in replacement housing provided pursuant to subsection (j) under the replacement plan that is owned or managed, or assisted, by the agency, only to policies, practices, standards, criteria, and requirements regarding continued occupancy in such original public housing (and not to initial occupancy). (n)

Enforcement

(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), (k), (m), or (o), 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. (2)

Availability of other remedies

The remedy under paragraph (1) shall be in addition to all other rights and remedies provided by law. (o)

Performance benchmarks

(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. Such benchmarks shall include completion of the provision of all replacement dwelling units provided pursuant to the requirements of subsection (j). (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— (A)appointment of an alternative administrator for the revitalization plan; (B)financial penalties; (C)withdrawal of funding under subsection (j); or (D)such other sanctions as the Secretary may deem necessary. (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— (A)litigation; (B)obtaining approvals of the Federal Government or a State or local government; (C)complying with environmental assessment and abatement requirements; (D)project delays and cost increases due to shortages in labor and materials as a direct result of location in an area that is subject to a declaration by the President of a major disaster or emergency under the Robert T. Stafford Disaster and Emergency Assistance Act, except that an extension of the period for compliance with performance benchmarks pursuant to this subparagraph shall not be for a period longer than 12 months; (E)relocating residents; (F)resident involvement that leads to significant changes to the revitalization plan; or (G)any other reason established by the Secretary by notice published in the Federal Register. (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. (p)

Applicability of Uniform Relocation Act

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. (q)

Public housing and section 8 eviction provisions

In the case of any public housing or housing assisted under section 8, for which assistance is provided at any time pursuant to a grant for a revitalization plan under this section, the provisions of paragraph (6) of section 6(l) and clause (iii) of section 8(d)(1)(B), respectively, shall apply, except that any criminal or drug-related criminal activity referred to in the matter preceding subparagraph (A) of such paragraph or in the matter preceding subclause (I) of such clause, respectively, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for termination of tenancy of the tenant if— (1)the tenant is an elderly person (as such term is defined in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q)) or a person with disabilities (as such term is defined in section 811(k) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(k)); and (2)the tenant did not know and should not have known of the activity or the tenant or member of household was the victim of the criminal activity.

Planning and technical assistance grants

Subsection (v) of section 24 (42 U.S.C. 1437v(v)), as so redesignated by section 8(1), is amended by striking paragraph (2) and inserting the following new paragraph:

(2)

Technical assistance grants

Subject only to approvable requests for grants pursuant to paragraph (1) for any fiscal year, the Secretary shall use not less than two percent for grants in such fiscal year to recipients of grants under this section to assist such recipients in obtaining technical assistance in carrying out revitalization programs.

10.

Annual report; availability of documents

Subsection (u) of section 24, as so redesignated by section 8(1) of this Act, is amended— (1)in paragraph (4), by striking and at the end; (2)by redesignating paragraph (5) as paragraph (6); and (3)by inserting after paragraph (4) the following new paragraph:

(5)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

; and

(2)by adding at the end the following:

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.

11.

Definitions

Subsection (s) of section 24, as so redesignated by section 8(l) of this Act, is amended— (1)in clauses (i) and (iii) of paragraph (1)(C), by striking program each place such term appears and inserting plan; (2)in paragraph (3)— (A)by striking

Supportive

and inserting

Community and supportive

; (B)by inserting community and before supportive services; (C)by inserting before the period at the end the following: , and such other services that, linked with affordable housing, will improve the health and residential stability of public housing residents; and (D)by inserting after transportation, the following: employment and vocational counseling, financial counseling, life skills training, ; (3)by redesignating paragraph (3) as paragraph (6); (4)by inserting after paragraph (2), the following new paragraph:

(5)

Significant amendment or change

The term significant means, with respect to an amendment or change to a revitalization plan, that the amendment or change— (A)changes the use of 20 percent or more of the total amount of HOPE VI grant amounts provided under this section provided under the grant made under this section for the plan from use for one activity to use for another; (B)eliminates an activity that, notwithstanding the change, would otherwise be carried out under the plan; or (C)changes the scope, location, or beneficiaries of the project carried out under the plan.

;

(5)by redesignating paragraph (2) as paragraph (4); and (6)by inserting after paragraph (1) the following new paragraphs:

(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. (3)

Development

The term development has the same meaning given such term in the first sentence of paragraph (1) of section 3(c) (42 U.S.C. 1437a).

12.

Conforming amendment

Paragraph (1) of section 24(f) is amended by striking programs and inserting plans.

13.

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..

14.

Extension of program

Subsection (w) of section 24, (as so redesignated by section 8(2) of this Act) is amended by striking September 30, 2007 and inserting September 30, 2015.

15.

Review

The Comptroller General of the United States shall— (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; and (2)make recommendations to the Congress regarding the activities, actions, and methods reviewed under paragraph (1) not later than the expiration of the 3-year period beginning on the date of the enactment of this Act.

16.

Extension of availability of funds for revitalization plans delayed by hurricanes

Notwithstanding any other provision of law, the Secretary of Housing and Urban Development may not, before October 1, 2009, recapture any portion of a grant made to a public housing agency to carry out a revitalization plan under section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v) if the public housing agency has suffered, as a direct result of Hurricane Katrina, Wilma, or Rita of 2005— (1)project delays; and (2)cost increases due to shortages in labor and materials.

17.

Regulations

Section 24, as amended by the preceding provisions of this Act, is further amended by inserting before subsection (y) (as so redesignated by section 5(1) of this Act) the following new subsection:

(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 2008, the Secretary shall issue regulations to carry out this section, including the amendments made by such Act.

18.

Non-citizen eligibility restrictions

No person not lawfully permitted to be in or remain in the United States is eligible for housing assistance under this Act or the amendments made by this Act. Nothing in this Act or the amendments made by this Act alters the rules under section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a).