PUBLIC LAW 100-628—NOV. 7, 1988 102 STAT. 3269

SEC. 1013. PUBLIC HOUSING LEASE AND GRIEVANCE PROCEDURES.

The Secretary of Housing and Urban Development shall publish a
notice providing that the final rule of the Department of Housing
and Urban Development entitled "Public Housing—Tenancy and
Administrative Grievance Procedure" and published in the Federal
Register of August 30, 1988 (53 Fed. Reg. 33216 et seq.) shall be
interim for effect. The Secretary shall afford interested persons an
opportunity to comment on the rule in accordance with section
553(c) of title 5, United States Code, and such comment period shall
continue for not less than 60 days, or until March 1,1989, whichever
occurs later.

SEC. 1014. EXCEPTIONS TO TENANT PREFERENCE PROVISIONS.

(a) PUBUC HOUSING.—

(1) IN GENERAL.—Section 6(cX4XA) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437d(cX4XA)) (as amended by section
100 l(b) of this Act) is further amended—

(A) by inserting "(i)" after ", but"; and

(B) by inserting before the semicolon at the end the
following: "; and (ii) the public housing agency may provide
for circumstances in which families who do not qualify for
any preference established in this subparagraph are pro-
vided assistance before families who do qualify for such
preference, except that not more than 10 percent of the
families who initially receive assistance in any 1-year
period (or such shorter period selected by the public hous-
ing agency before the beginning of its first full year subject
to this clause) may be families who do not qualify for such
preference".

(2) INDIAN HOUSING.—In accordance with section 201(bX2) of 42 use I437d
the United States Housing Act of 1937, the amendments made note

by paragraph (1) shall also apply to public housing developed or
operated pursuant to a contract between the Secretary of Hous-
ing and Urban Development and an Indian housing authority.

(b) SECTION 8 ASSISTANCE.—Section 8(dXlXA) of the United States
Housing Act of 1937 (42 U.S.C. 1437«dXlXA)) is amended—

(1) by inserting "(i)" after "except that"; and

(2) by inserting before the semicolon at the end the following:
"; and (ii) the public housing agency may provide for cir-
cumstances in which families who do not qualify for any pref-
erence established in clause (i) are provided assistance before
families who do qualify for such preference, except that not
more than 10 percent (or such higher percentage determined by
the Secretary to be necessary to ensure that public housing
agencies can assist families in accordance with subsection (uX2)
or determined by the Secretary to be appropriate for other good
cause) of the families who initially receive assistance in any
1-year period (or such shorter period selected by the public
housing agency before the beginning of its first full year subject
to this clause) may be families who do not qualify for such
preference".

(c) HOUSING VOUCHERS.—Section 8(oX3) of the United States Hous-
ing Act of 1937 (42 U.S.G 1437f(oX3)) is amended by adding at the
end the following new sentence: "A public housing agency may
provide for circumstances in which families who do not qualify for
any preference established in the preceding sentence are provided
assistance under this subsection before families who do qualify for