Pub. L. 110-289, div. A, tit. VI, sec. 1603

CONVERSION OF HUD CONTRACTS.

EnactedYear: 2008Length: 524 wordsOfficial source
SEC. 1603. CONVERSION OF HUD CONTRACTS.(a) In General.—Notwithstanding any other provision of law, the Secretary may, at the request of an owner of a multifamily housing project that exceeds 5,000 units to which a contract for project-based rental assistance under section 8 of the United States Housing Act of 1937 (“Act”) (42 U.S.C. 1437f) and a Rental Assistance Payment contract is subject, convert such contracts to a contract for project-based rental assistance under section 8 of the Act.(b) Initial Renewal.—(1) At the request of an owner under subsection (a) made no later than 90 days prior to a conversion, the Secretary may, to the extent sufficient amounts are made available in appropriation Acts and notwithstanding any other law, treat the contemplated resulting contract as if such contract were eligible for initial renewal under section 524(a) of the MultiFamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) (“MAHRA”) (42 U.S.C. 1437f note).(2) A request by an owner pursuant to paragraph (1) shall be upon such terms and conditions as the Secretary may require.(c) Resulting Contract.—The resulting contract shall—(1) be subject to section 524(a) of MAHRA (42 U.S.C. 1437f note);122 STAT. 2826(2) be considered for all purposes a contract that has been renewed under section 524(a) of MAHRA (42 U.S.C. 1437f note) for a term not to exceed 20 years;(3) be subsequently renewable at the request of an owner, under any renewal option for which the project is eligible under MAHRA (42 U.S.C. 1437f note);(4) contain provisions limiting distributions, as the Secretary determines appropriate, not to exceed 10 percent of the initial investment of the owner;(5) be subject to the availability of sufficient amounts in appropriation Acts; and(6) be subject to such other terms and conditions as the Secretary considers appropriate.(d) Income Targeting.—To the extent that assisted dwelling units, subject to the resulting contract under subsection (a), serve low-income families, as defined in section 3(b)(2) of the Act (42 U.S.C. 1437a(b)(2)) the units shall be considered to be in compliance with all income targeting requirements under the Act (42 U.S.C. 1437 et seq).(e) Tenant Eligibility.—Notwithstanding any other provision of law, each family residing in an assisted dwelling unit on the date of conversion of a contract under this section, subject to the resulting contract under subsection (a), shall be considered to meet the applicable requirements for income eligibility and occupancy.(f) Definitions.—As used in this section—(1) the term “Secretary” means the Secretary of Housing and Urban Development;(2) the term “conversion” means the action under which a contract for project-based rental assistance under section 8 of the Act and a Rental Assistance Payment contract become a contract for project-based rental assistance under section 8 of the Act (42 U.S.C. 1437f) pursuant to subsection (a);(3) the term “resulting contract” means the new contract after a conversion pursuant to subsection (a); and(4) the term “assisted dwelling unit” means a dwelling unit in a multifamily housing project that exceeds 5,000 units that, on the date of conversion of a contract under this section, is subject to a contract for project-based rental assistance under section 8 of the Act (42 U.S.C. 1437f) or a Rental Assistance Payment contract.
Pub. L. 110-289, div. A, tit. VI, sec. 1603: CONVERSION OF HUD CONTRACTS. | Justis AI