§1437e. Designated housing

(a) Authority to provide designated housing

(1) In general

Notwithstanding any other provision of law, a public housing agency whose allocation plan under subsection (f) of this section (and any biannual update) has been approved by the Secretary may, to the extent provided in the allocation plan, provide public housing projects (or portions of projects) designated for occupancy by (A) only elderly families, (B) only disabled families (subject to the provisions of subsection (e) of this section), or (C) elderly and disabled families.

(2) Priority for occupancy

In determining priority for admission to public housing projects (or portions of projects) that are designated for occupancy as provided in paragraph (1), the public housing agency may make units in such projects (or portions) available only to the types of families for whom the project is designated. Among such types of families, preference for occupancy in such projects (or portions) shall be given according to the preferences for occupancy under section 1437d(c)(4)(A) of this title.

(3) Eligibility of near-elderly families

If a public housing agency determines (in accordance with regulations established by the Secretary) that there are insufficient numbers of elderly families to fill all the units in a project (or portion of a project) designated under paragraph (1) for occupancy by only elderly families, the agency may (pursuant to the approved allocation plan under subsection (f) of this section for the agency) provide that near-elderly families who qualify for preferences for occupancy under section 1437d(c)(4)(A) of this title may occupy dwelling units in the project (or portion).

(4) Vacancy

Notwithstanding the authority under paragraphs (1) and (2) to designate public housing projects (or portions of projects) for occupancy by only certain types of families, a public housing agency shall make any dwelling unit that is ready for occupancy in such a project (or portion of a project) that has been vacant for more than 60 consecutive days generally available for occupancy (subject to the requirements of this subchapter) without regard to such designation.

(b) Availability of housing

(1) Tenant choice

The decision of any disabled family not to occupy or accept occupancy in an appropriate type of project or assistance made available to the family under this subchapter shall not adversely affect the family with respect to a public housing agency making available occupancy in other appropriate projects in public housing or assistance under this subchapter.

(2) Discriminatory selection

Paragraph (1) shall not apply to any family who decides not to occupy or accept an appropriate dwelling unit in public housing or to accept assistance under this chapter on the basis of the race, color, religion, sex, disability, familial status, or national origin of occupants of housing or the surrounding area.

(3) Appropriateness of dwelling units

This section may not be construed to require a public housing agency to offer occupancy in any dwelling unit assisted under this chapter to any family who is not of appropriate family size for the dwelling unit.

(c) Prohibition of evictions

Any tenant who is lawfully residing in a dwelling unit in the project may not be evicted or otherwise required to vacate such unit because of the designation of the project (or portion of a project) or because of any action taken by the Secretary of Housing and Urban Development or any public housing agency pursuant to this section.

(d) Accommodation of housing and service needs

In designing, developing, otherwise acquiring and operating, designating, and providing housing and assistance under this subchapter, each public housing agency shall meet, to the extent practicable, the housing and service needs of eligible families applying for assistance under this subchapter, as provided in any allocation plan of the agency approved under subsection (f) of this section. To meet such needs, public housing agencies may, wherever practicable and in accordance with any allocation plan of the agency-

(1) provide housing in which supportive services are provided, facilitated, or coordinated, mixed housing, shared housing, family housing, group homes, congregate housing, and other housing as the public housing agency considers appropriate;

(2) carry out major reconstruction of obsolete public housing projects and reconfiguration of public housing dwelling units; and

(3) provide tenant-based assistance under section 8013(b)(1) ¹ of this title.

(e) Application for designated housing for disabled families

(1) Requirement

A project (or portion of a project) may be designated under subsection (a)(1) of this section for occupancy by only disabled families only if the public housing agency administering the project complies with the other requirements of this section and the Secretary approves an application under this subsection for such designation. The Secretary shall establish the form and procedures for submission and approval of applications under this subsection.

(2) Contents

An application under this subsection shall contain-

(i) a description of the projects (or portions of projects) to be designated (which may include group homes, independent living facilities, units in multifamily housing developments, condominium housing, cooperative housing, and scattered site housing);

(ii) a supportive service plan-

(I) describing the needs of persons with disabilities that the housing is expected to serve;

(II) providing for delivery of supportive services appropriate to meet the individual needs of persons with disabilities occupying the housing;

(III) describing the experience of the applicant (or service providers) in providing such services;

(IV) describing the manner in which such services will be provided to such persons; and

(V) identifying any State, local, other Federal, or other funds available for providing such services; and

(iii) any other information or certification that the Secretary considers appropriate.

(3) Approval

The Secretary may approve an application under this subsection only if the Secretary determines that-

(i) the persons with disabilities occupying the housing will receive supportive services based on their individual needs;

(ii) the applicant (or service providers) have sufficient experience in providing supportive services;

(iii) residential supervision will be provided in the housing sufficient to facilitate the provision of supportive services; and

(iv) the supportive services are adequately designed to meet the special needs of the tenants.

(4) Supportive services

For purposes of this subsection, the term "supportive services" means services designed to meet the special needs of tenants, and may include meal services, health-related services, mental health services, services for nonmedical counseling, meals, transportation, personal care, bathing, toileting, housekeeping, chore assistance, safety, group and socialization activities, assistance with medications (in accordance with any applicable State laws), case management, personal emergency response, and other appropriate services.

(f) Allocation plans

(1) Requirement

A public housing agency may not designate a project (or portion of a project) for occupancy under subsection (a)(1) of this section unless the agency submits an allocation plan under this subsection and the plan is approved under paragraph (4) of this subsection.

(2) Contents

An allocation plan submitted under this subsection by a public housing agency shall include-

(A) a description of the projects (or portions of projects) to be designated and the types of tenants occupying such projects (or portions);

(B) a description of the estimated pool of applicants for such housing, based on the waiting lists for such housing, and any information collected in the comprehensive housing affordability strategy under section 12705 of this title for the jurisdiction within which the area served by the public housing agency is located;

(C) a statement identifying the projects or portions of projects (including the buildings or floors) to be designated for occupancy under subsection (a)(1) of this section for only certain types of families, the types of families who will be eligible for occupancy in such projects (or portions), and the reasons for the designation;

(D) documentation of the number of units in the projects (or portions) identified under subparagraph (C) which became vacant and available for occupancy during the preceding year;

(E) an estimate of the number of units in the projects (or portions) identified under subparagraph (C) that will become vacant and available for occupancy during the ensuing 2-year period;

(F) a description of the occupancy policies and procedures, including procedures for maintaining waiting lists for eligible applicants who are elderly families or disabled families for occupancy in units in projects administered by the agency sufficient to document the number and duration of instances in which housing assistance for eligible applicants will be denied or delayed by the agency because of a lack of appropriately designated units;

(G) a plan for securing sufficient additional resources that the agency owns, controls, or has received preliminary notification that it will obtain, or for which the agency plans to apply, that will be sufficient to provide assistance to not less than the number of nonelderly disabled families that would have been housed if occupancy in such units were not restricted pursuant to this section; and

(H) any comments of agencies, organizations, or persons with whom the public housing agency consults under paragraph (3).

(3) Development

In preparing the initial allocation plan, or updates of a plan under paragraph (5), for submission under this subsection, a public housing agency shall consult with the State or unit of general local government in whose jurisdiction the area served by the public housing agency is located, public and private service providers, advocates for the interest of eligible elderly families, disabled families, and families with children, and other interested parties.

(4) Approval

(A) Criteria

The Secretary shall approve an allocation plan, or an updated plan, submitted under this subsection if the Secretary determines that, based on the plan and comments submitted pursuant to paragraph (2)(H)-

(i) the information contained in the plan is complete and accurate and the projections are reasonable;

(ii) implementation of the plan will not result in excessive vacancy rates in projects (or portions of projects) identified in paragraph (2)(C); and

(iii) the plan under paragraph (2)(G) can reasonably be achieved.

(B) Notification

(i) In general

The Secretary shall notify each public housing agency submitting an allocation plan under this subsection in writing of approval or disapproval of the plan.

(ii) Timing

A plan shall be considered to be approved if the Secretary does not notify the public housing agency of approval or disapproval of the initial or revised plan within (I) 90 days after the submission of any plan that contains comments pursuant to paragraph (2)(H), or (II) 45 days for any other plan.

(iii) Resubmission

If the Secretary disapproves the plan, the Secretary shall, for a period of not less than 45 days following the date of disapproval, permit amendments to, or resubmission of, the plan.

(C) Rule of construction

The approval of an allocation plan or updated plan under this subsection may not be construed to constitute approval of any request for assistance for major reconstruction of obsolete projects, assistance for development or acquisition of public housing, or assistance under section 8013(b)(1) of this title, that are contained in the plan pursuant to subparagraph (H).²

(5) Biannual update

(A) In general

Each public housing agency that owns or operates a project (or portion of a project) that is designated for occupancy under subsection (a)(1) of this section shall update the plan of the agency under this subsection not less than once every 2 years, as the Secretary shall provide. The Secretary shall notify each public housing agency submitting an updated plan under this paragraph of approval or disapproval of the updated plan as required under paragraph (4)(B), and the provisions of such paragraph shall apply to updated plans under this paragraph.

(B) Contents

The updated plan shall include-

(i) a review of the data and projections contained in the allocation plan and the most recent update submitted under this subsection;

(ii) an assessment of the accuracy of the projections contained in such plan and update;

(iii) a statement of the number of times a vacancy was filled pursuant to subsection (a)(4) of this section;

(iv) a statement of the number of times an application for housing assistance by an eligible applicant was denied or delayed because of a lack of appropriately designated units; and

(v) a plan for adjusting the allocation, if necessary, in accordance with the needs identified pursuant to this subparagraph.

(C) Standards for approval

The Secretary shall establish standards for preparation, submission, and approval of updated plans.

(g) Prohibition of coercion

No elderly or disabled family residing in any public housing project may be required to accept services.

(Sept. 1, 1937, ch. 896, title I, §7, as added Aug. 22, 1974, Pub. L. 93–383, title II, §201(a), 88 Stat. 662 ; amended Oct. 31, 1978, Pub. L. 95–557, title IV, §412, 92 Stat. 2110 ; Feb. 5, 1988, Pub. L. 100–242, title I, §112(b)(3), 101 Stat. 1824 ; renumbered title I, June 29, 1988, Pub. L. 100–358, §5, 102 Stat. 681 ; amended Oct. 28, 1992, Pub. L. 102–550, title VI, §622(a), 106 Stat. 3813 .)

References in Text

Section 8013(b)(1) of this title, referred to in subsec. (d)(3), was in the original "section 811(b)(1)", and was translated as reading section 811(b)(1) of the Cranston-Gonzalez National Affordable Housing Act, Pub. L. 101–625, to reflect the probable intent of Congress, because the United States Housing Act of 1937 does not contain a section 811.

Prior Provisions

A prior section 7 of act Sept. 1, 1937, ch. 896, 50 Stat. 891 , as amended, required publication of information and submission of annual report by the Authority and was classified to section 1407 of this title, prior to the general revision of this chapter by Pub. L. 93–383.

Amendments

1992-Pub. L. 102–550 amended section generally, substituting present provisions for provisions relating to and defining "congregate housing" and providing for design, development, and acquisition of congregate housing for displaced or elderly families, limitation on amounts for contracts for congregate housing, and costs for central dining facilities.

1988-Pub. L. 100–242 struck out "annual" before "contributions" in proviso.

1978-Pub. L. 95–557 substituted "(1) low-rent housing which, as of January 1, 1979, was built or under construction, with which there is connected a central dining facility where wholesome and economical meals can be served to such occupants; or (2) low-rent housing constructed after, but not under construction prior to, January 1, 1979, connected with which there is a central dining facility to provide wholesome and economical meals for such occupants. Such occupants of congregate housing may also be provided with other supportive services appropriate to their needs under title IV of the Housing and Community Development Amendments of 1978" for "low-income housing (A) in which some or all of the dwelling units do not have kitchen facilities, and (B) connected with which there is a central dining facility to provide wholesome and economical meals for elderly and displaced families under terms and conditions prescribed by the public housing agency to permit a generally self-supporting operation".

Effective Date of 1992 Amendment

Amendment by subtitles B through F of title VI [§§621–685] of Pub. L. 102–550 applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as otherwise provided, see section 13642 of this title.

Inapplicability of Certain 1992 Amendments to Indian Public Housing

Amendment by Pub. L. 102–550 not applicable with respect to lower income housing developed or operated pursuant to contract between Secretary of Housing and Urban Development and Indian housing authority, see section 626 of Pub. L. 102–550, set out as a note under section 1437a of this title.

Section Referred to in Other Sections

This section is referred to in sections 1437c, 1437d, 8013 of this title.

¹ See References in Text note below.

² So in original. Par. (4) does not contain a subpar. (H).