§11382. Definitions

For purposes of this part:

(1) The term "applicant" means a State, metropolitan city, urban county, governmental entity, private nonprofit organization, or community mental health association that is a public nonprofit organization, that is eligible to receive assistance under this part and submits an application under section 11386(a) of this title.

(2) The term "disability" means-

(A) a disability as defined in section 423 of this title,

(B) to be determined to have, pursuant to regulations issued by the Secretary, a physical, mental, or emotional impairment which (i) is expected to be of long-continued and indefinite duration, (ii) substantially impedes an individual's ability to live independently, and (iii) of such a nature that such ability could be improved by more suitable housing conditions,

(C) a developmental disability as defined in section 6001 of this title, or

(D) the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agency for acquired immunodeficiency syndrome.

Subparagraph (D) shall not be construed to limit eligibility under subparagraphs (A) through (C) or the provisions referred to in subparagraphs (A) through (C).

(3) Repealed. Pub. L. 104–330, title V, §506(a)(7)(B), Oct. 26, 1996, 110 Stat. 4044 .

(4) The term "metropolitan city" has the meaning given the term in section 5302 of this title.

(5) The term "operating costs" means expenses incurred by a recipient operating supportive housing under this part with respect to-

(A) the administration, maintenance, repair, and security of such housing;

(B) utilities, fuel, furnishings, and equipment for such housing; and

(C) the conducting of the assessment under section 11386(c)(2) of this title.

(6) The term "outpatient health services" means outpatient health care, outpatient mental health services, outpatient substance abuse services, and case management.

(7) The term "private nonprofit organization" means an organization-

(A) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual;

(B) that has a voluntary board;

(C) that has an accounting system, or has designated a fiscal agent in accordance with requirements established by the Secretary; and

(D) that practices nondiscrimination in the provision of assistance.

(8) The term "project" means a structure or structures (or a portion of such structure or structures) that is acquired, rehabilitated, constructed, or leased with assistance provided under this part or with respect to which the Secretary provides technical assistance or annual payments for operating costs under this part, or supportive services.

(9) The term "recipient" means any governmental or nonprofit entity that receives assistance under this part.

(10) The term "Secretary" means the Secretary of Housing and Urban Development.

(11) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and Palau.

(12) The term "supportive housing" means a project that meets the requirements of section 11384 of this title.

(13) The term "supportive services" means services under section 11385 of this title.

(14) The term "urban county" has the meaning given the term in section 5302 of this title.

(Pub. L. 100–77, title IV, §422, as added Pub. L. 102–550, title XIV, §1403(a), Oct. 28, 1992, 106 Stat. 4014 ; amended Pub. L. 104–330, title V, §506(a)(7), Oct. 26, 1996, 110 Stat. 4044 .)

Prior Provisions

A prior section 11382, Pub. L. 100–77, title IV, §422, July 22, 1987, 101 Stat. 499 ; Pub. L. 100–242, title V, §570(i)(1), Feb. 5, 1988, 101 Stat. 1950 ; Pub. L. 100–628, title IV, §§441(a), 442(a), (b)(1), 443, 444, Nov. 7, 1988, 102 Stat. 3232 , 3233; Pub. L. 101–625, title VIII, §833(b), (k)(1), Nov. 28, 1990, 104 Stat. 4362 , 4364, defined terms for purposes of the supportive housing demonstration program, prior to repeal by Pub. L. 102–550, §1403(a).

Amendments

1996-Par. (1). Pub. L. 104–330, §506(a)(7)(A), struck out "Indian tribe," after "a State".

Par. (3). Pub. L. 104–330, §506(a)(7)(B), struck out par. (3) which read as follows: "The term 'Indian tribe' has the meaning given the term in section 5302(a) of this title."

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians.

Amendment by Pub. L. 104–330 applicable with respect to amounts made available for assistance under this subchapter for fiscal year 1998 and fiscal years thereafter, see section 506(c) of Pub. L. 104–330, set out as a note under section 11371 of this title.