42 USC Ch. 8: Front Matter
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42 USC Ch. 8: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 8-LOW-INCOME HOUSING

CHAPTER 8-LOW-INCOME HOUSING

Sec.
1401 to 1404.
Omitted.
1404a.
Secretary of Housing and Urban Development; right to sue; expenses.
1405, 1406.
Omitted.
1406a.
Expenses of management and operation of transferred projects as nonadministrative; payment.
1406b.
Expenses of uncompensated advisers serving United States Housing Authority away from home.
1406c to 1433.
Omitted or Repealed.
1434.
Records; contents; examination and audit.
1435.
Access to books, documents, etc., for purpose of audit.
1436.
Repealed.
1436a.
Restriction on use of assisted housing by non-resident aliens.

        

(a)

Conditions for assistance.

(b)

"Financial assistance" defined.

(c)

Preservation of families; students.

(d)

Conditions for provision of financial assistance for individuals.

(e)

Regulatory actions against entities for erroneous determinations regarding eligibility based upon citizenship or immigration status.

(f)

Verification system; liability of State or local government agencies or officials; prior consent agreements, court decrees or court orders unaffected.

(g)

Reimbursement for costs of implementation.

(h)

"Applicable Secretary" defined.

(i)

Verification of eligibility.

1436b.
Financial assistance in impacted areas.
1436c.
Insurance for public housing agencies and Indian housing authorities.
1436d.
Consultation with affected areas in settlement of litigation.

        

SUBCHAPTER I-GENERAL PROGRAM OF ASSISTED HOUSING

1437.
Declaration of policy and public housing agency organization.

        

(a)

Declaration of policy.

(b)

Public housing agency organization.

1437a.
Rental payments.

        

(a)

Families included; rent options; minimum amount; occupancy by police officers and over-income families.

(b)

Definition of terms under this chapter.

(c)

Definition of terms used in reference to public housing.

(d)

Disallowance of earned income from rent determinations.

(e)

Individual savings accounts.

(f)

Availability of income matching information.

1437a–1.
Repealed.
1437b.
Loans and commitments to make loans for low-income housing projects.

        

(a)

Authority of Secretary; interest rates; repayment date; use as security for obligations of public housing agency.

(b)

Issuance of obligations by Secretary; limitation on amounts; forms and denominations; terms and conditions; purchase, establishment of maturities and rates of interest, and sale by Secretary of the Treasury.

(c)

Public and Indian housing financing reforms.

1437c.
Contributions for low-income housing projects.

        

(a)

Contract authorization; amounts; use as security for obligations of public housing agency; use of existing structures.

(b)

Maximum amount of contributions; regulations; criteria for rates of contribution.

(c)

Limitation on aggregate contractual contributions; contracts for preliminary loans; payments of annual contributions; limitations on specific authorities.

(d)

Scope of contracts for loans or annual contributions.

(e)

Local determination of need as prerequisite for contracts for preliminary loans, and contracts for loans or annual contributions; notice.

(f)

Modification by Secretary of terms of contracts, etc.; limitations; amendment or supersedure of contracts for annual contributions or loans.

(g)

Pledge of annual contributions as guarantee of payment of obligations issued by public housing agency; exception.

(h)

Audits.

(i)

Prohibition on use of funds.

1437c–1.
Public housing agency plans.

        

(a)

5-year plan.

(b)

Annual plan.

(c)

Procedures.

(d)

Contents.

(e)

Resident advisory board.

(f)

Notice and hearing.

(g)

Amendments and modifications to plans.

(h)

Submission of plans.

(i)

Review and determination of compliance.

(j)

Troubled and at-risk PHAs.

(k)

Streamlined plan.

(l)

Compliance with plan.

1437d.
Contract provisions and requirements; loans and annual contributions.

        

(a)

Conditions; elevators.

(b)

Limitation on development costs.

(c)

Revision of maximum income limits; certification of compliance with requirements; notification of eligibility; informal hearing; compliance with procedures for sound management.

(d)

Exemption from personal and real property taxes; payments in lieu of taxes; cash contribution or tax remission.

(e)

Repealed.

(f)

Housing quality requirements.

(g)

Substantial default; conveyance of title and delivery of possession; reconveyance and redelivery; payments for outstanding obligations.

(h)

New construction contracts.

(i)

Reserve fund; major repairs.

(j)

Performance indicators for public housing agencies.

(k)

Administrative grievance procedure regulations: grounds of adverse action, hearing, examination of documents, representation, evidence, decision; judicial hearing; eviction and termination procedures.

(l)

Leases; terms and conditions; maintenance; termination.

(m)

Reporting requirements; limitation.

(n)

Notice to post office regarding eviction for criminal activity.

(o)

Public housing assistance for foster care children.

(p)

Repealed.

(q)

Availability of records.

(r)

Site-based waiting lists.

(s)

Authority to require access to criminal records.

(t)

Obtaining information from drug abuse treatment facilities.

1437e.
Designated housing for elderly and disabled families.

        

(a)

Authority to provide designated housing.

(b)

Standards regarding evictions.

(c)

Relocation assistance.

(d)

Required plan.

(e)

Review of plans.

(f)

Effectiveness.

(g)

Inapplicability of Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970.

1437f.
Low-income housing assistance.

        

(a)

Authorization for assistance payments.

(b)

Other existing housing programs.

(c)

Contents and purposes of contracts for assistance payments; amount and scope of monthly assistance payments.

(d)

Required provisions and duration of contracts for assistance payments; waiver of limitation.

(e)

Restrictions on contracts for assistance payments.

(f)

Definitions.

(g)

Regulations applicable for implementation of assistance payments.

(h)

Nonapplicability of inconsistent provisions to contracts for assistance payments.

(i)

Receipt of assistance by public housing agency under other law not to be considered.

(j)

Repealed.

(k)

Verification of income.

(l)

to (n) Repealed.

(o)

Voucher program.

(p)

Shared housing for elderly and handicapped.

(q)

Administrative fees.

(r)

Portability.

(s)

Prohibition of denial of certificates and vouchers to residents of public housing.

(t)

Enhanced vouchers.

(u)

Assistance for residents of rental rehabilitation projects.

(v)

Extension of expiring contracts.

(w)

Repealed.

(x)

Family unification.

(y)

Homeownership option.

(z)

Termination of section 1437f contracts and reuse of recaptured budget authority.

(aa)

Omitted.

(bb)

Transfer, reuse, and rescission of budget authority.

(cc)

Law enforcement and security personnel.

(dd)

Tenant-based contract renewals.

1437g.
Public housing Capital and Operating Funds.

        

(a)

Merger into Capital Fund.

(b)

Merger into Operating Fund.

(c)

Allocation amount.

(d)

Capital Fund.

(e)

Operating Fund.

(f)

Negotiated rulemaking procedure.

(g)

Limitations on use of funds.

(h)

Technical assistance.

(i)

Eligibility of units acquired from proceeds of sales under demolition or disposition plan.

(j)

Penalty for slow expenditure of capital funds.

(k)

Emergency reserve and use of amounts.

(l)

Treatment of nonrental income.

(m)

Provision of only capital or operating assistance.

(n)

Treatment of public housing.

1437h.
Implementation of provisions by Secretary.

        

(a)

Preparation and submission of annual budget program; maintenance of accounts; audit by General Accounting Office.

(b)

Availability of receipts and assets.

(c)

Federal Reserve banks to act as depositories, custodians and fiscal agents; reimbursement for services.

1437i.
Obligations of public housing agencies; contestability; full faith and credit of United States pledged as security; tax exemption.
1437j.
Labor standards and community service requirement.

        

(a)

Payment of wages prevailing in locality.

(b)

Exception for volunteers.

(c)

Community service requirement.

(d)

Treatment of income changes resulting from welfare program requirements.

(e)

Lease provisions.

(f)

Treatment of income.

(g)

Definition.

1437j–1.
Repealed.
1437k.
Consortia, joint ventures, affiliates, and subsidiaries of public housing agencies.

        

(a)

Consortia.

(b)

Joint ventures.

1437l.
Repealed.
1437m.
Payment of non-Federal share.
1437n.
Eligibility for assisted housing.

        

(a)

Income eligibility for public housing.

(b)

Income eligibility for tenant-based section 1437f assistance.

(c)

Income eligibility for project-based section 1437f assistance.

(d)

Establishment of different standards.

(e)

Repealed.

(f)

Ineligibility of individuals convicted of manufacturing or producing methamphetamine on the premises.

1437o.
Repealed.
1437p.
Demolition and disposition of public housing.

        

(a)

Applications for demolition and disposition.

(b)

Disapproval of applications.

(c)

Resident opportunity to purchase in case of proposed disposition.

(d)

Replacement units.

(e)

Consolidation of occupancy within or among buildings.

(f)

De minimus exception to demolition requirements.

(g)

Uniform Relocation and Real Property Acquisition Act.

(h)

Relocation and replacement.

1437q.
Financing limitations.
1437r.
Public housing resident management.

        

(a)

Purpose.

(b)

Program requirements.

(c)

Assistance amounts.

(d)

Waiver of Federal requirements.

(e)

Direct provision of operating and capital assistance.

(f),

(g) Repealed.

(h)

Applicability.

1437s.
Public housing homeownership and management opportunities.

        

(a)

Homeownership opportunities in general.

(b)

Protection of nonpurchasing families.

(c)

Financial assistance for public housing agencies.

(d)

Additional homeownership and management opportunities.

(e)

Regulations.

(f)

Repealed.

(g)

Limitation.

1437t.
Authority to convert public housing to vouchers.

        

(a)

Authority.

(b)

Conversion assessment.

(c)

Criteria for implementation of conversion plan.

(d)

Conversion plan requirement.

(e)

Review and approval of conversion plans.

(f)

Tenant-based assistance.

1437u.
Family Self-Sufficiency program.

        

(a)

Purpose.

(b)

Establishment of program.

(c)

Contract of participation.

(d)

Incentives for participation.

(e)

Effect of increases in family income.

(f)

Program coordinating committee.

(g)

Action plan.

(h)

Allowable public housing agency administrative fees and costs.

(i)

Public housing agency incentive award allocation.

(j)

On-site facilities.

(k)

Flexibility.

(l)

Reports.

(m)

GAO report.

(n)

Definitions.

(o)

Effective date and regulations.

1437v.
Demolition, site revitalization, replacement housing, and tenant-based assistance grants for projects.

        

(a)

Purposes.

(b)

Grant authority.

(c)

Contribution requirement.

(d)

Eligible activities.

(e)

Application and selection.

(f)

Cost limits.

(g)

Disposition and replacement.

(h)

Administration by other entities.

(i)

Withdrawal of funding.

(j)

Definitions.

(k)

Grantee reporting.

(l)

Annual report.

(m)

Funding.

(n)

Sunset.

1437w.
Transfer of management of certain housing to independent manager at request of residents.

        

(a)

Authority.

(b)

Request for transfer.

(c)

Capital and operating assistance.

(d)

Contract between Secretary and manager.

(e)

Compliance with public housing agency plan.

(f)

Demolition and disposition by manager.

(g)

Limitation on PHA liability.

(h)

Definitions.

1437x.
Environmental reviews.

        

(a)

In general.

(b)

Procedure.

(c)

Certification.

(d)

Approval by States.

1437y.
Provision of information to law enforcement and other agencies.
1437z.
Exchange of information with law enforcement agencies.
1437z–1.
Civil money penalties against section 1437f owners.

        

(a)

In general.

(b)

Violations of housing assistance payment contracts for which penalty may be imposed.

(c)

Agency procedures.

(d)

Judicial review of agency determination.

(e)

Remedies for noncompliance.

(f)

Settlement by Secretary.

(g)

Deposit of penalties.

(h)

Definitions.

1437z–2.
Public housing mortgages and security interests.

        

(a)

General authorization.

(b)

Terms and conditions.

(c)

No Federal liability.

1437z–3.
Pet ownership in public housing.

        

(a)

Ownership conditions.

(b)

Reasonable requirements.

(c)

Pet ownership in public housing designated for occupancy by elderly or handicapped families.

(d)

Regulations.

1437z–4.
Resident homeownership programs.

        

(a)

In general.

(b)

Participating units.

(c)

Eligible purchasers.

(d)

Right of first refusal.

(e)

Protection of nonpurchasing residents.

(f)

Financing and assistance.

(g)

Downpayment requirement.

(h)

Ownership interests.

(i)

Resale.

(j)

Net proceeds.

(k)

Homeownership assistance.

(l)

Inapplicability of disposition requirements.

1437z–5.
Required conversion of distressed public housing to tenant-based assistance.

        

(a)

Identification of units.

(b)

Consultation.

(c)

Plan for removal of units from inventories of PHA's.

(d)

Conversion to tenant-based assistance.

(e)

Cessation of unnecessary spending.

(f)

Use of budget authority.

(g)

Removal by Secretary.

(h)

Administration.

1437z–6.
Services for public housing residents.

        

(a)

In general.

(b)

Eligible activities.

(c)

Funding distribution.

(d)

Matching requirement.

(e)

Funding for resident organizations.

1437z–7.
Mixed-finance public housing.

        

(a)

Authority.

(b)

Assistance.

(c)

Compliance with public housing requirements.

(d)

Mixed-finance projects.

(e)

Structure of projects.

(f)

Taxation.

(g)

Use of savings.

(h)

Effect of certain contract terms.

SUBCHAPTER II-ASSISTED HOUSING FOR INDIANS AND ALASKA NATIVES

1437aa to 1437ee. Repealed.
1437ff.
Waiver of matching funds requirements in Indian housing programs.

        

(a)

Authorization of waiver.

(b)

Extent of waiver.

(c)

"Housing program" defined.

SUBCHAPTER II–A-HOPE FOR PUBLIC HOUSING HOMEOWNERSHIP

1437aaa.
Program authority.

        

(a)

In general.

(b)

Authority to reserve housing assistance.

1437aaa–1.
Planning grants.

        

(a)

Grants.

(b)

Eligible activities.

(c)

Application.

(d)

Selection criteria.

1437aaa–2.
Implementation grants.

        

(a)

Grants.

(b)

Eligible activities.

(c)

Matching funding.

(d)

Application.

(e)

Selection criteria.

(f)

Location within participating jurisdictions.

(g)

Approval.

1437aaa–3.
Homeownership program requirements.

        

(a)

In general.

(b)

Affordability.

(c)

Plan.

(d)

Acquisition and rehabilitation limitations.

(e)

Financing.

(f)

Housing quality standards.

(g)

Repealed.

(h)

Protection of non-purchasing families.

1437aaa–4.
Other program requirements.

        

(a)

Sale by public housing agency to applicant or other entity required.

(b)

Preferences.

(c)

Cost limitations.

(d)

Annual contributions.

(e)

Amounts from Operating Fund allocation.

(f)

Use of proceeds from sales to eligible families.

(g)

Restrictions on resale by homeowners.

(h)

Third party rights.

(i)

Dollar limitation on economic development activities.

(j)

Timely homeownership.

(k)

Capability of resident management corporations and resident councils.

(l)

Records and audit of recipients of assistance.

1437aaa–5.
Definitions.
1437aaa–6.
Relationship to other homeownership opportunities.
1437aaa–7.
Limitation on selection criteria.
1437aaa–8.
Annual report.

        

SUBCHAPTER II–B-HOME RULE FLEXIBLE GRANT DEMONSTRATION

1437bbb.
Purpose.
1437bbb–1.
Flexible grant program.

        

(a)

Authority and use.

(b)

Period of participation.

(c)

Participating jurisdictions.

1437bbb–2.
Program allocation and covered housing assistance.

        

(a)

Program allocation.

(b)

Covered housing assistance.

1437bbb–3.
Applicability of requirements under programs for covered housing assistance.

        

(a)

In general.

(b)

Number of families assisted.

(c)

Protection of recipients.

(d)

Effect on ability to compete for other programs.

1437bbb–4.
Program requirements.

        

(a)

Applicability of certain provisions.

(b)

Compliance with assistance plan.

1437bbb–5.
Application.

        

(a)

In general.

(b)

Review, approval, and performance standards.

(c)

Status of PHAs.

(d)

PHA plans.

1437bbb–6.
Training.
1437bbb–7.
Accountability.

        

(a)

Maintenance of records.

(b)

Reports.

(c)

Access to documents by Secretary and Comptroller General.

(d)

Performance review and evaluation.

1437bbb–8.
Definitions.
1437bbb–9.
Termination and evaluation.

        

(a)

Termination.

(b)

Evaluation.

SUBCHAPTER III-MISCELLANEOUS PROVISIONS

1438.
Repealed.
1439.
Local housing assistance plan.

        

(a)

Applicability of approved plan to housing assistance application; procedure upon receipt of application by Secretary of Housing and Urban Development; definitions.

(b)

Housing assistance applications subject to procedures.

(c)

Repealed.

(d)

Allocation and reservation of housing assistance funds; purposes; prohibited reallocation of unutilized funds; enumerated uses for retained funds; competition for reservation and obligation of funds.

(e)

Assistance payments for properties in Jefferson County, Texas.

1440.
State housing finance and development agencies.

        

(a)

Statement of purpose; participation by private and nonprofit developers in activities assisted.

(b)

Determination of eligibility for assistance; definitions.

(c)

Guarantee of obligations issued by agencies; grants to agencies for interest payments on obligations; maximum amount of grants; prerequisites for guarantee; full faith and credit pledged for payment of guarantee; effect and validity of guarantee; fees and charges for guarantee; authorization of appropriations for grants; maximum amount of obligations guaranteed.

(d)

Requirements for guaranteed obligations.

(e)

Revolving fund for payment of liabilities incurred pursuant to guarantees and payment of obligations issued to Secretary of the Treasury; composition; availability, issuance of obligations to Secretary of the Treasury for implementation of guarantees; amount, maturity, rate of interest, and purchase by Secretary of the Treasury of obligations; payment of expenses and charges.

(f)

Technical assistance to agencies for planning and execution of development activities.

(g)

Labor standards.

(h)

Protection of guarantees issued by United States; inclusion by purchaser in gross income of interest paid on obligations issued by agencies.

Chapter Referred to in Other Sections

This chapter is referred to in sections 1382a, 1404a, 1434, 1436a, 1436b, 1439, 1471, 1485, 1490a, 1502, 1503, 1504, 1586, 1590, 1594c, 1766, 3013, 5153, 5515, 8003, 11903, 12705, 12896, 12910, 14614 of this title; title 12 sections 24, 1441a, 1701r–1, 1715z–1a, 1701z–3, 1701z–11, 1715l, 1831q; title 20 section 7713; title 25 sections 640d–14, 4103, 4111, 4112, 4116, 4133, 4140, 4152, 4181, 4182, 4183, 4191; title 26 section 32; title 29 section 1605.