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Omitted or Repealed.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Repealed.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.

1436b.

Financial assistance in impacted areas.

1436c.

Insurance for public housing agencies and Indian housing authorities.

SUBCHAPTER I-GENERAL PROGRAM OF ASSISTED HOUSING

1437.

Declaration of policy.

1437a.

Rental payments.

(a)

Families included; amount.

(b)

Definition of terms under this chapter.

(c)

Definition of terms used in reference to public housing.

1437a–1.

Public housing rent waiver for police officers.

(a)

Authority.

(b)

Plan.

(c)

Approval.

(d)

Terms.

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.

(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)

Sale of project to lower income tenants by public housing agency; terms and conditions; commitment by Secretary to pay annual contribution unaffected; restrictions.

(i)

Installation of passive or active solar energy systems.

(j)

Limitation on public housing development; assurance of public housing quality standards.

(k)

Limitation on recapture of funding reservations.

(l)

Indian public housing.

1437d.

Contract provisions and requirements; loans and annual contributions.

(a)

Conditions; playgrounds and elevators.

(b)

Public housing for Indians and Alaska Natives.

(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)

Excess funds.

(f)

Repealed.

(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)

Preference for areas with inadequate supply of very low-income housing.

1437e.

Designated housing.

(a)

Authority to provide designated housing.

(b)

Availability of housing.

(c)

Prohibition of evictions.

(d)

Accommodation of housing and service needs.

(e)

Application for designated housing for disabled families.

(f)

Allocation plans.

(g)

Prohibition of coercion.

1437f.

Low-income housing assistance.

(a)

Authorization for assistance payments.

(b)

Rental certificates and 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)

Assistance for manufactured homes.

(k)

Verification of income.

(l),

(m) Repealed.

(n)

Assistance for dwellings without bathrooms and kitchens; conditions; waiver of limitations.

(o)

Rental vouchers.

(p)

Shared housing for elderly and handicapped.

(q)

Administrative fees for certificate and housing voucher programs.

(r)

Portability of certificates and vouchers; authority of public housing agency; Secretary to consider reduction in families in preceding fiscal year; authority of Secretary under other law unrestricted.

(s)

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

(t)

Nondiscrimination against certificate holders and voucher holders.

(u)

Assistance for residents of rental rehabilitation projects.

(v)

Terms of contracts; extensions.

(w)

Renewal of expiring contracts.

(x)

Family unification.

(y)

Homeownership option.

(aa)

Refinancing incentive.

1437g.

Annual contributions for operation of low-income housing.

(a)

Determination of amounts; contract authorization; standards for payments; necessity of contribution contracts; performance funding system; audit.

(b)

Limitation on amount of aggregate rentals paid by families residing in dwelling units receiving annual contributions.

(c)

Authorization of appropriations.

(d)

Distribution of remaining appropriated funds to housing projects incurring excessive costs.

(e)

Time of payment.

1437h.

Implementation of provisions by Secretary.

(a)

Preparation and submission of annual budget program; maintenance of accounts; annual 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 protection; payment of wages prevailing in locality; certification of compliance; exceptions.

1437j–1.

Payment for development managers.

1437k.

Energy conservation.

1437l.

Public and Indian housing modernization.

(a)

Purposes.

(b)

Authorization for assistance payments; duration of grants contract.

(c)

Low-rent housing projects qualifying for assistance.

(d)

Application for assistance.

(e)

Comprehensive plans; contents; approval.

(f)

Amount of assistance; approved uses.

(g)

Requirements for additional assistance.

(h)

Public housing agencies entitled to preference.

(i)

Assistance to housing agencies meeting emergency or special needs; rules and regulations.

(j)

Rules and regulations.

(k)

Formula allocation of modernization funding.

(l)

Annual report.

(m)

Regulations.

(n)

Limitation.

(o)

Uses of obligated amounts by public housing agencies.

(p)

Reduction of vacancies in public housing units.

1437m.

Payment of non-Federal share.

1437n.

Income eligibility for assisted housing.

(a)

Percentage availability under contracts prior to October 1, 1981.

(b)

Percentage availability under contracts on or after October 1, 1981.

(c)

Admission procedures.

(d)

Applicability of admission procedures limitations.

1437o.

Repealed.

1437p.

Demolition and disposition of public housing.

(a)

Obsolescence; best-interests transfers; use of proceeds.

(b)

Consultation with tenants and tenant councils; opportunity to purchase; relocation assistance; replacement housing plan.

(c)

Financial assistance; contributions; funding of replacement housing plan.

(d)

Conditions for agency action.

(e)

Set-asides for replacement housing.

(f)

Applicability to disposition of public housing project in accordance with approved homeownership program.

1437q.

Financing limitations.

1437r.

Public housing resident management.

(a)

Purpose.

(b)

Program requirements.

(c)

Comprehensive improvement assistance.

(d)

Waiver of Federal requirements.

(e)

Operating subsidy and project income.

(f)

Resident management technical assistance and training.

(g)

Assessment and report by Secretary.

(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)

Annual report.

(g)

Limitation.

1437t.

Family investment centers.

(a)

Purpose.

(b)

Grant authority.

(c)

Use of amounts.

(d)

Allocation of grant amounts.

(e)

Applications.

(f)

Selection.

(g)

Reports.

(h)

Employment of public housing residents.

(i)

Treatment of income.

(j)

"Supportive services" defined.

(k)

Authorization of appropriations.

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.

Revitalization of severely distressed public housing.

(a)

Program authority.

(b)

Designation of eligible projects.

(c)

Planning grants.

(d)

Implementation grants.

(e)

Exceptions to general program requirements.

(f)

Other program requirements.

(g)

Administration.

(h)

Definitions.

(i)

Annual report.

1437w.

Choice in public housing management.

(a)

Short title.

(b)

Funding.

(c)

Program authority.

(d)

Operating subsidies.

(e)

Rehabilitation grants and capital improvement funding.

(f)

Application.

(g)

Review and approval by Secretary.

(h)

Contract between Secretary and manager.

(i)

Other program requirements.

(j)

Performance review and compliance.

(k)

Nondiscrimination.

(l)

Relationship to other programs.

(m)

Definitions.

1437x.

Environmental reviews.

(a)

In general.

(b)

Procedure.

(c)

Certification.

(d)

Approval by States.

SUBCHAPTER II-ASSISTED HOUSING FOR INDIANS AND ALASKA NATIVES

1437aa.

Establishment of separate program of assisted housing for Indians and Alaska Natives.

(a)

General authority.

(b)

Applicability of subchapter I.

(c)

Inapplicability of certain requirements.

1437bb.

Mutual help homeownership opportunity program.

(a)

Establishment.

(b)

Financial assistance.

(c)

Eligible projects.

(d)

Eligible families.

(e)

Mutual help and occupancy agreement.

(f)

Self-help housing program.

1437cc.

Additional provisions.

(a)

Public housing maximum contributions.

(b)

Related facilities and services.

(c)

Accessibility to physically handicapped persons.

1437dd.

Annual report.

1437ee.

Regulations.

(a)

Issuance.

(b)

Consultation with Indian housing authorities.

(c)

Effective date.

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 AND INDIAN 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)

Replacement plan.

(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)

Operating subsidies.

(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 III-MISCELLANEOUS PROVISIONS

1438.

Special low-income housing projects for elderly or disabled families; consultations; applicable design and equipment standards.

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)

Approval of housing assistance application for areas not subject to approved plan.

(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, 1437a–1, 1437j–1, 1439, 1471, 1485, 1490a, 1502, 1503, 1504, 1586, 1590, 1594c, 1766, 3013, 5153, 5515, 8003, 11488, 11903, 12705, 12896, 12910 of this title; title 12 sections 24, 1441a, 1701r–1, 1715z–1a, 1701z–3, 1701z–11, 1715l, 1831q; title 20 section 7713; title 25 section 640d–14; title 26 section 32; title 29 section 1605.