Pub. L. 105-276, tit. V, subtit. B, pt. 2, sec. 524
OCCUPANCY BY POLICE OFFICERS AND OVER-INCOME FAMILIES.
SEC. 524. OCCUPANCY BY POLICE OFFICERS AND OVER-INCOME FAMILIES. (a) In General.— Section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraphs: “(4) Occupancy by police officers.— “(A) In general.— Subject to subparagraph (B) and notwithstanding any other provision of law, a public housing agency may, in accordance with the public housing agency plan for the agency, allow a police officer who is not otherwise eligible for residence in public housing to reside in a public housing dwelling unit. The number and location of units occupied by police officers under this paragraph and the terms and conditions of their tenancies shall be determined by the public housing agency. “(B) Increased security.— A public housing agency may take the actions authorized in subparagraph (A) only for the purpose of increasing security for the residents of a public housing project. “(C) Definition.— In this paragraph, the term ‘police officer’ means any person determined by a public housing agency to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State, or local government or by any agency thereof (including a public housing agency having an accredited police force). “(5) Occupancy by over-income families in certain public housing.— “(A) Authority.— Notwithstanding any other provision of law, a public housing agency that owns or operates less than 250 units may, on a month-to-month basis, lease a dwelling unit in a public housing project to an over-income family in accordance with this paragraph, but only if there are no eligible families applying for housing assistance from the public housing agency for that month and 112 STAT. 2568the agency provides not less than 30-day public notice of the availability of such assistance. “(B) Terms and conditions.— The number and location of dwelling units of a public housing agency occupied under this paragraph by over-income families, and the terms and conditions of those tenancies, shall be determined by the public housing agency, except that— “(i) notwithstanding paragraph (2), rent for a unit shall be in an amount that is not less than the costs to operate the unit; “(ii) if an eligible family applies for residence after an over-income family moves in to the last available unit, the over-income family shall vacate the unit in accordance with notice of termination of tenancy provided by the agency, which shall be provided not less than 30 days before such termination; and “(iii) if a unit is vacant and there is no one on the waiting list, the public housing agency may allow an over-income family to gain immediate occupancy in the unit, while simultaneously providing reasonable public notice and outreach with regard to availability of the unit. “(C) Definition.— For purposes of this paragraph, the term ‘over-income family’ means an individual or family that is not a low-income family at the time of initial occupancy”. (b) Applicability.— The amendment made by this paragraph is made on, and shall apply beginning upon, the date of the enactment of this Act.