Pub. L. 105-276, tit. V, subtit. A, sec. 514
REPEAL OF FEDERAL PREFERENCES.
SEC. 514. REPEAL OF FEDERAL PREFERENCES. (a) Public Housing.— (1) In general.— Subparagraph (A) of section 6(c)(4) of the United States Housing Act of 1937 (42 U.S.C. 1437d)(c)(4)) is amended to read as follows: “(A) making dwelling units in public housing available for occupancy, which shall provide that the public housing agency may establish a system for making dwelling units available that provides preference for such occupancy to families having certain characteristics; each system of preferences established pursuant to this subparagraph shall be based upon local housing needs and priorities, as determined by the public housing agency using generally accepted data sources, including any information obtained pursuant to an opportunity for public comment as provided under section 5A(f) and under the requirements applicable to the comprehensive housing affordability strategy for the relevant jurisdiction;”. (2) Conforming amendments.— (A) Public housing assistance for foster care children.— Section 6(o) of the United States Housing Act of 1937 (42 U.S.C. 1437d(o)) is amended by striking “Subject” and all that follows through “, in” and inserting “In”. (B) Youthbuild program.— Section 455(a)(2)(D)(iii) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899d(a)(2)(D)(iii) is amended striking “section 6(c)(4)(A)” and inserting “any system of preferences established under section 6(c)(1)”. (b) Section 8 Existing and Moderate Rehabilitation.— (1) In general.— Subparagraph (A) of section 8(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended to read as follows: “(A) the selection of tenants shall be the function of the owner, subject to the annual contributions contract between the Secretary and the agency, except that with respect to the 112 STAT. 2548certificate and moderate rehabilitation programs only, for the purpose of selecting families to be assisted, the public housing agency may establish local preferences, consistent with the public housing agency plan submitted under section 5A by the public housing agency;”. (2) Conforming amendments.— (A) Low-income housing preservation and resident homeownership act of 1990.— The second sentence of section 226(b)(6)(B) of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4116(b)(6)(B)) is amended by striking “The requirement for giving preferences to certain categories of eligible families under sections 8(d)(1)(A) and 8(o)(3)” and inserting “Any system for preferences established under section 8(d)(1)(A) or 8(o)(6)(A)”. (B) Housing and community development act of 1992.— Section 655 of the Housing and Community Development Act of 1992 (42 U.S.C. 13615) is amended by striking “shall be given” and all that follows through the period at the end and inserting the following: “shall be given to disabled families according to any preferences established under any system established under section 8(d)(1)(A) by the public housing agency.”. (C) Management and disposition of multifamily housing projects.— Section 203(g)(2) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z-11(g)(2)) is amended by striking “the preferences for assistance under sections 6(c)(4)(A)(i), 8(d)(1)(A)(i), and 8(o)(3)(B)” and inserting “any system of preferences established pursuant to section 6(c)(4)(A), 8(d)(1)(A), or 8(o)(6)(A)”. (D) Other references.— Subparagraph (D) of section 402(d)(6) of The Balanced Budget Downpayment Act, I (42 U.S.C. 1437d note) is hereby repealed. (c) Section 8 New Construction and Substantial Rehabilitation.— (1) Permanent repeal.— Subsection (c) of section 545 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437f note) is hereby repealed. (2) Prohibition.— Notwithstanding any other provision of law (including subsection (f) of this section), section 402(d)(4)(B) of The Balanced Budget Downpayment Act, I (42 U.S.C. 1437a note) shall apply to fiscal year 1999 and thereafter. (d) Rent Supplements.— Subsection (k) of section 1010 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s(k)) is hereby repealed. (e) Sense of Congress Regarding Preference for Assistance for Victims of Domestic Violence.— It is the sense of Congress that, each public housing agency involved in the selection of eligible families for assistance under the United States Housing Act of 1937 (including residency in public housing and tenant-based assistance under section 8 of such Act) should, consistent with the public housing agency plan of the agency, consider preferences for individuals who are victims of domestic violence. (f) Termination of Temporary Provisions.— Section 402 of The Balanced Budget Downpayment Act, I, and the amendments made by such section shall cease to be effective on the date of 112 STAT. 2549the enactment of this Act. Notwithstanding the inclusion in this Act of any provision extending the effectiveness of such section or such amendments, such provision included in this Act shall not take effect. (g) Applicability.— This section shall take effect on, and the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act.