CHAPTER 8 —LOW-INCOME HOUSING
SUBCHAPTER I—GENERAL PROGRAM OF ASSISTED HOUSING
SUBCHAPTER II—ASSISTED HOUSING FOR INDIANS AND ALASKA NATIVES
SUBCHAPTER II–A—HOPE FOR PUBLIC HOUSING HOMEOWNERSHIP
SUBCHAPTER II–B—HOME RULE FLEXIBLE GRANT DEMONSTRATION
SUBCHAPTER III—MISCELLANEOUS PROVISIONS
§§1401 to 1404. Omitted
Codification
Sections 1401 to 1404 were omitted in the general revision of the United States Housing Act of 1937 by
Section 1401, acts Sept. 1, 1937, ch. 896, §1,
Section 1402, acts, Sept. 1, 1937, ch. 896, §2,
Section 1403, acts Sept. 1, 1937, ch. 896, §3,
Section 1404, acts Sept. 1, 1937, ch. 896, §4,
Effective Date of 1969 Amendment; Applicability
§1404a. Secretary of Housing and Urban Development; right to sue; expenses
The Secretary of Housing and Urban Development may sue and be sued only with respect to its functions under the United States Housing Act of 1937, as amended [
(Aug. 10, 1948, ch. 832, title V, §502(b),
References in Text
The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by
Public Law 671, Seventy-sixth Congress, approved June 28, 1940, referred to in text, is act June 28, 1940, ch. 440,
Codification
Section was enacted as part of the Housing Act of 1948, and not as part of the United States Housing Act of 1937 which comprises this chapter.
Section consists of section 502(b) of act Aug. 10, 1948. Section 502 of act Aug. 10, 1948, is classified generally to
Amendments
1988—
1967—
1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by
§§1405, 1406. Omitted
Section 1405, acts Sept. 1, 1937, ch. 896, §5,
Section 1406, acts Sept. 1, 1937, ch. 896, §6,
§1406a. Expenses of management and operation of transferred projects as nonadministrative; payment
On and after May 10, 1939 all necessary expenses in connection with the management and operation of projects transferred to the Authority by Executive Order Numbered 7732 of October 27, 1937, as modified by Executive Order Numbered 7839 of March 12, 1938, may be considered as nonadministrative expenses, notwithstanding the provisions of
(May 10, 1939, ch. 119, §1,
Codification
Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter.
Prior Provisions
Provisions similar to those in this section were contained in act June 25, 1938, ch. 681, title I,
Transfer of Functions
For transfer of functions of United States Housing Authority to Secretary of Housing and Urban Development, see note set out under
Executive Order No. 7732, Oct. 27, 1937, 2 FR 2324, 44 CFR 201.11, effective Nov. 1, 1937, transferred to the United States Housing Authority all right, interest, and title held by the Federal Emergency Administration of Public Works in any housing or slum-clearance projects constructed or in the process of construction on Sept. 1, 1937.
§1406b. Expenses of uncompensated advisers serving United States Housing Authority away from home
On and after May 10, 1939, the funds made available for administrative expenses of the United States Housing Authority shall be available for the payment, when specifically authorized by the Administrator, of actual transportation expenses and not to exceed $10 per diem in lieu of subsistence and other expenses to persons serving, while away from their homes, without other compensation from the United States, in an advisory capacity to the Authority.
(May 10, 1939, ch. 119, §1,
Codification
Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter.
Prior Provisions
Provisions similar to those in this section were contained in act June 25, 1938, ch. 681, title I,
Transfer of Functions
For transfer of functions of United States Housing Authority and Administrator to Secretary of Housing and Urban Development, see note set out under
§§1406c to 1411a. Omitted
Codification
Section 1406c, act June 27, 1942, ch. 450, §1,
Section 1407, acts Sept. 1, 1937, ch. 896, §7,
Section 1408, act Sept. 1, 1937, ch. 896, §8,
Section 1409, acts Sept. 1, 1937, ch. 896, §9,
Section 1410, acts Sept. 1, 1937, ch. 896, §10,
Section 1411, acts Sept. 1, 1937, ch. 896, §11,
Section 1411a, act July 31, 1953, ch. 302, title I, §101,
Retroactive Effect of Repeal of Rights of United States Relating to Self-Liquidation of Projects
§1411b. Repealed. Aug. 7, 1956, ch. 1029, title IV, §401(b), 70 Stat. 1103
Section, acts July 5, 1952, ch. 578, title I, §101,
§1411c. Omitted
Codification
Section, act July 31, 1953, ch. 302, title I, §101,
§1411d. Repealed. Pub. L. 93–383, title II, §204, Aug. 22, 1974, 88 Stat. 668
Section, act Aug. 2, 1954, ch. 649, title VIII, §815,
§§1412 to 1416. Omitted
Section 1412, acts Sept. 1, 1937, ch. 896, §12,
Section 1413, acts Sept. 1, 1937, ch. 896, §13,
Section 1413a, acts July 31, 1947, ch. 418, §2,
Section 1414, acts Sept. 1, 1937, ch. 896, §14,
Section 1415, acts Sept. 1, 1937, ch. 896, §15,
Section 1416, acts Sept. 1, 1937, ch. 896, §16,
Application for Preliminary Loans Approved Prior to September 2, 1964
Transferred Funds; Availability for Expenditure
Act Apr. 20, 1950, ch. 94, title II, §205(c),
§1417. Repealed. Pub. L. 90–448, title XVII, §1719(b), Aug. 1, 1968, 82 Stat. 610
Section, act Sept. 1, 1937, ch. 896, §17,
Retirement of Capital Stock
§§1417a to 1422. Omitted
Codification
Sections 1417a to 1422 were omitted in the general revision of the United States Housing Act of 1937 by
Section 1417a, act Sept. 1, 1937, ch. 896, §17, as added Aug. 1, 1968,
Section 1418, act Sept. 1, 1937, ch. 896, §18,
Section 1419, act Sept. 1, 1937, ch. 896, §19,
Section 1420, acts Sept. 1, 1937, ch. 896, §20,
Section 1421, acts Sept. 1, 1937, ch. 896, §21,
Section 1421a, act Sept. 1, 1937, ch. 896, §22, as added July 15, 1949, ch. 338, title III, §304(b),
Section 1421b, act Sept. 1, 1937, ch. 896, §23, as added Aug. 10, 1965,
Section 1422, acts Sept. 1, 1937, ch. 896, §24, formerly §22,
Retroactive Application of Policies or Procedures Established by Secretary of Housing and Urban Development to Rights of Owners of Leased Housing, Including Right of Renewal
§§1423 to 1426. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862
Section 1423, act Sept. 1, 1937, ch. 896, §24, formerly §23,
Section 1424, act Sept. 1, 1937, ch. 896, §25, formerly §24,
Section 1425, act Sept. 1, 1937, ch. 896, §26, formerly §25,
Section 1426, act Sept. 1, 1937, ch. 896, §27, formerly §26,
Effective Date of Repeal
Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948, set out as an Effective Date note preceding
§§1427 to 1431. Omitted
Codification
Sections 1427 to 1431 were omitted in the general revision of the United States Housing Act of 1937 by
Section 1427, act Sept. 1, 1937, ch. 896, §28, formerly §27,
Section 1428, act Sept. 1, 1937, ch. 896, §29, formerly §28,
Section 1429, act Sept. 1, 1937, ch. 896, §30, formerly §29,
Section 1430, act Sept. 1, 1937, ch. 896, §31, formerly §30,
Section 1431,
Nov. 26, 1969,
Oct. 4, 1968,
Nov. 3, 1967,
Sept. 6, 1966,
Aug. 16, 1965,
Aug. 30, 1964,
Dec. 19, 1963,
Oct. 3, 1962,
Aug. 17, 1961,
July 12, 1960,
Sept. 14, 1959,
Aug. 28, 1958,
June 29, 1957,
June 27, 1956, ch. 452, title II,
June 30, 1955, ch. 244, title II,
June 24, 1954, ch. 359, title II,
July 31, 1953, ch. 302, title II,
July 5, 1952, ch. 578, title III,
Aug. 31, 1951, ch. 376, title IV,
Sept. 6, 1950, ch. 896, Ch. VIII, title II,
Aug. 24, 1949, ch. 506, title II,
June 30, 1948, ch. 773, title II,
July 30, 1947, ch. 358, title II,
July 20, 1946, ch. 589, title II,
May 3, 1945, ch. 106, title I,
§1432. Repealed. July 15, 1949, ch. 338, title VI, §606, 63 Stat. 441
Section, act Aug. 10, 1948, ch. 832, title V, §503,
§1433. Omitted
Codification
Section, act July 15, 1949, ch. 338, title VI, §606,
§1434. Records; contents; examination and audit
Every contract between the Department of Housing and Urban Development and any person or local body (including any corporation or public or private agency or body) for a loan, advance, grant, or contribution under the United States Housing Act of 1937, as amended [
(Aug. 2, 1954, ch. 649, title VIII, §814,
References in Text
The United States Housing Act of 1937, as amended, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by
The Housing Act of 1949, as amended, referred to in text, is act July 15, 1949, ch. 338,
The first day after the first full calendar month following the date of approval of the Housing Act of 1961, referred to in text, probably means Aug. 1, 1961, which is the first day after the first full calendar month following approval of
Codification
Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter.
Section was formerly classified to
Amendments
1967—
1961—
Effective Date
The fourth sentence of section 814 of act Aug. 2, 1954, ch. 649,
§1435. Access to books, documents, etc., for purpose of audit
Every contract for loans or annual contributions under the United States Housing Act of 1937, as amended [
(Aug. 2, 1954, ch. 649, title VIII, §816,
References in Text
The United States Housing Act of 1937, as amended, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by
Codification
Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter.
Amendments
1967—
§1436. Repealed. Pub. L. 91–609, title V, §503(4), Dec. 31, 1970, 84 Stat. 1786
Section,
Effective Date of Repeal: Savings Provision
Report of Self-Help Studies and Demonstrations
§1436a. Restriction on use of assisted housing by non-resident aliens
(a) Conditions for assistance
Notwithstanding any other provision of law, the applicable Secretary may not make financial assistance available for the benefit of any alien unless that alien is a resident of the United States and is—
(1) an alien lawfully admitted for permanent residence as an immigrant as defined by section 1101(a)(15) and (20) of title 8, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country;
(2) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to
(3) an alien who is lawfully present in the United States pursuant to an admission under
(4) an alien who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to
(5) an alien who is lawfully present in the United States as a result of the Attorney General's withholding deportation pursuant to
(6) an alien lawfully admitted for temporary or permanent residence under
(7) an alien who is lawfully resident in the United States and its territories and possessions under section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia (
(b) "Financial assistance" defined
(1) For purposes of this section the term "financial assistance" means financial assistance made available pursuant to the United States Housing Act of 1937 [
(2) If the eligibility for financial assistance of at least one member of a family has been affirmatively established under the program of financial assistance and under this section, and the ineligibility of one or more family members has not been affirmatively established under this section, any financial assistance made available to that family by the applicable Secretary shall be prorated, based on the number of individuals in the family for whom eligibility has been affirmatively established under the program of financial assistance and under this section, as compared with the total number of individuals who are members of the family.
(c) Preservation of families; students
(1) If, following completion of the applicable hearing process, financial assistance for any individual receiving such assistance on February 5, 1988, is to be terminated, the public housing agency or other local governmental entity involved (in the case of public housing or assistance under section 8 of the United States Housing Act of 1937 [
(A) Permit the continued provision of financial assistance, if necessary to avoid the division of a family in which the head of household or spouse is a citizen of the United States, a national of the United States, or an alien resident of the United States described in any of paragraphs (1) through (6) of subsection (a). For purposes of this paragraph, the term "family" means a head of household, any spouse, any parents of the head of household, any parents of the spouse, and any children of the head of household or spouse. Financial assistance continued under this subparagraph for a family may be provided only on a prorated basis, under which the amount of financial assistance is based on the percentage of the total number of members of the family that are eligible for that assistance under the program of financial assistance and under this section.
(B)(i) Defer the termination of financial assistance, if necessary to permit the orderly transition of the individual and any family members involved to other affordable housing.
(ii) Except as provided in clause (iii), any deferral under this subparagraph shall be for a 6-month period and may be renewed by the public housing agency or other entity involved for an aggregate period of 18-months. At the beginning of each deferral period, the public housing agency or other entity involved shall inform the individual and family members of their ineligibility for financial assistance and offer them other assistance in finding other affordable housing.
(iii) The time period described in clause (ii) shall not apply in the case of a refugee under
(2) Notwithstanding any other provision of law, the applicable Secretary may not make financial assistance available for the benefit of—
(A) any alien who—
(i) has a residence in a foreign country that such alien has no intention of abandoning;
(ii) is a bona fide student qualified to pursue a full course of study; and
(iii) is admitted to the United States temporarily and solely for purposes of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by such alien and approved by the Attorney General after consultation with the Department of Education of the United States, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student (and if any such institution of learning or place of study fails to make such reports promptly the approval shall be withdrawn); and
(B) the alien spouse and minor children of any alien described in subparagraph (A), if accompanying such alien or following to join such alien.
(d) Conditions for provision of financial assistance for individuals
The following conditions apply with respect to financial assistance being or to be provided for the benefit of an individual:
(1)(A) There must be a declaration in writing by the individual (or, in the case of an individual who is a child, by another on the individual's behalf), under penalty of perjury, stating whether or not the individual is a citizen or national of the United States, and, if that individual is not a citizen or national of the United States, that the individual is in a satisfactory immigration status. If the declaration states that the individual is not a citizen or national of the United States and that the individual is younger than 62 years of age, the declaration shall be verified by the Immigration and Naturalization Service. If the declaration states that the individual is a citizen or national of the United States, the applicable Secretary, or the agency administering assistance covered by this section, may request verification of the declaration by requiring presentation of documentation that the applicable Secretary considers appropriate, including a United States passport, resident alien card, alien registration card, social security card, or other documentation.
(B) In this subsection, the term "satisfactory immigration status" means an immigration status which does not make the individual ineligible for financial assistance.
(2) If such an individual is not a citizen or national of the United States, is not 62 years of age or older, and is receiving financial assistance on September 30, 1996, or applying for financial assistance on or after September 30, 1996, there must be presented either—
(A) alien registration documentation or other proof of immigration registration from the Immigration and Naturalization Service that contains the individual's alien admission number or alien file number (or numbers if the individual has more than one number), or
(B) such other documents as the applicable Secretary determines constitutes reasonable evidence indicating a satisfactory immigration status.
In the case of an individual applying for financial assistance on or after September 30, 1996, the applicable Secretary may not provide any such assistance for the benefit of that individual before documentation is presented and verified under paragraph (3) or (4).
(3) If the documentation described in paragraph (2)(A) is presented, the applicable Secretary shall utilize the individual's alien file or alien admission number to verify with the Immigration and Naturalization Service the individual's immigration status through an automated or other system (designated by the Service for use with States) that—
(A) utilizes the individual's name, file number, admission number, or other means permitting efficient verification, and
(B) protects the individual's privacy to the maximum degree possible.
(4) In the case of such an individual who is not a citizen or national of the United States, is not 62 years of age or older, and is receiving financial assistance on September 30, 1996, or applying for financial assistance on or after September 30, 1996, if, at the time of application or recertification for financial assistance, the statement described in paragraph (1) is submitted but the documentation required under paragraph (2) is not presented or if the documentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3)—
(A) the applicable Secretary—
(i) shall provide a reasonable opportunity, not to exceed 30 days, to submit to the applicable Secretary evidence indicating a satisfactory immigration status, or to appeal to the Immigration and Naturalization Service the verification determination of the Immigration and Naturalization Service under paragraph (3),
(ii) in the case of any individual receiving assistance on September 30, 1996, may not delay, deny, reduce, or terminate the eligibility of that individual for financial assistance on the basis of the immigration status of that individual until the expiration of that 30-day period; and
(iii) in the case of any individual applying for financial assistance on or after September 30, 1996, may not deny the application for such assistance on the basis of the immigration status of that individual until the expiration of that 30-day period; and
(B) if any documents or additional information are submitted as evidence under subparagraph (A), or if appeal is made to the Immigration and Naturalization Service with respect to the verification determination of the Service under paragraph (3)—
(i) the applicable Secretary shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such documents or additional information for official verification,
(ii) pending such verification or appeal, the applicable Secretary may not—
(I) in the case of any individual receiving assistance on September 30, 1996, delay, deny, reduce, or terminate the eligibility of that individual for financial assistance on the basis of the immigration status of that individual; and
(II) in the case of any individual applying for financial assistance on or after September 30, 1996, deny the application for such assistance on the basis of the immigration status of that individual; and
(iii) the applicable Secretary shall not be liable for the consequences of any action, delay, or failure of the Service to conduct such verification.
(5) If the applicable Secretary determines, after complying with the requirements of paragraph (4), that such an individual is not in a satisfactory immigration status, the applicable Secretary shall—
(A) deny the application of that individual for financial assistance or terminate the eligibility of that individual for financial assistance, as applicable;
(B) provide that the individual may request a fair hearing during the 30-day period beginning upon receipt of the notice under subparagraph (C); and
(C) provide to the individual written notice of the determination under this paragraph, the right to a fair hearing process, and the time limitation for requesting a hearing under subparagraph (C).
(6) The applicable Secretary shall terminate the eligibility for financial assistance of an individual and the members of the household of the individual, for a period of not less than 24 months, upon determining that such individual has knowingly permitted another individual who is not eligible for such assistance to reside in the public or assisted housing unit of the individual. This provision shall not apply to a family if the ineligibility of the ineligible individual at issue was considered in calculating any proration of assistance provided for the family.
For purposes of this subsection, the term "applicable Secretary" means the applicable Secretary, a public housing agency, or another entity that determines the eligibility of an individual for financial assistance.
(e) Regulatory actions against entities for erroneous determinations regarding eligibility based upon citizenship or immigration status
The applicable Secretary shall not take any compliance, disallowance, penalty, or other regulatory action against an entity with respect to any error in the entity's determination to make an individual eligible for financial assistance based on citizenship or immigration status—
(1) if the entity has provided such eligibility based on a verification of satisfactory immigration status by the Immigration and Naturalization Service,
(2) because the entity, under subsection (d)(4)(A)(ii) (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (
(3) because the entity, under subsection (d)(4)(B)(ii) (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (
(f) Verification system; liability of State or local government agencies or officials; prior consent agreements, court decrees or court orders unaffected
(1) Notwithstanding any other provision of law, no agency or official of a State or local government shall have any liability for the design or implementation of the Federal verification system described in subsection (d) if the implementation by the State or local agency or official is in accordance with Federal rules and regulations.
(2) The verification system of the Department of Housing and Urban Development shall not supersede or affect any consent agreement entered into or court decree or court order entered prior to February 5, 1988.
(g) Reimbursement for costs of implementation
The applicable Secretary is authorized to pay to each public housing agency or other entity an amount equal to 100 percent of the costs incurred by the public housing agency or other entity in implementing and operating an immigration status verification system under subsection (d) (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (
(h) "Applicable Secretary" defined
For purposes of this section, the term "applicable Secretary" means—
(1) the Secretary of Housing and Urban Development, with respect to financial assistance administered by such Secretary and financial assistance under subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act [
(2) the Secretary of Agriculture, with respect to financial assistance administered by such Secretary.
(i) Verification of eligibility
(1) In general
No individual or family applying for financial assistance may receive such financial assistance prior to the affirmative establishment and verification of eligibility of at least the individual or one family member under subsection (d) by the applicable Secretary or other appropriate entity.
(2) Rules applicable to public housing agencies
A public housing agency (as that term is defined in section 3 of the United States Housing Act of 1937 [
(A) may, notwithstanding paragraph (1) of this subsection, elect not to affirmatively establish and verify eligibility before providing financial assistance 2
(B) in carrying out subsection (d)—
(i) may initiate procedures to affirmatively establish or verify the eligibility of an individual or family under this section at any time at which the public housing agency determines that such eligibility is in question, regardless of whether or not that individual or family is at or near the top of the waiting list of the public housing agency;
(ii) may affirmatively establish or verify the eligibility of an individual or family under this section in accordance with the procedures set forth in
(iii) shall have access to any relevant information contained in the SAVE system (or any successor thereto) that relates to any individual or family applying for financial assistance.
(3) Eligibility of families
For purposes of this subsection, with respect to a family, the term "eligibility" means the eligibility of each family member.
(
References in Text
The United States Housing Act of 1937, referred to in subsec. (b), is act Sept. 1, 1937, ch. 896, as revised generally by
The Cranston-Gonzalez National Affordable Housing Act, referred to in subsecs. (b)(1) and (h)(1), is
Section 101 of the Housing and Urban Development Act of 1965, referred to in subsec. (b), is section 101 of
The Immigration Reform and Control Act of 1986, referred to in subsecs. (e)(2), (3) and (g), is
Codification
Section was enacted as part of the Housing and Community Development Act of 1980, and not as part of the United States Housing Act of 1937 which comprises this chapter.
Amendments
2016—Subsec. (a)(7).
2000—Subsec. (a)(7).
1998—Subsec. (b)(2).
Subsec. (c)(1)(B).
Subsec. (d)(1)(A).
Subsec. (d)(2).
Subsec. (d)(4)(B)(ii).
Subsec. (d)(5).
Subsec. (d)(6).
Subsec. (h).
Subsec. (h)(1).
Subsec. (h)(2)(A).
Subsec. (h)(2)(B).
Subsec. (i).
1996—Subsec. (a).
Subsec. (a)(5).
Subsec. (b).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B).
Subsec. (d).
Subsec. (d)(1)(A).
Subsec. (d)(2).
Subsec. (d)(4).
Subsec. (d)(4)(A)(i).
Subsec. (d)(4)(A)(ii), (iii).
Subsec. (d)(4)(B)(ii).
Subsec. (d)(5).
"(A) the applicable Secretary shall deny or terminate the individual's eligibility for financial assistance, and
"(B) the applicable fair hearing process shall be made available with respect to the individual."
Subsec. (d)(6).
"(A) The applicable Secretary shall provide the individual with written notice of the determination described in paragraph (5) and of the opportunity for a hearing with respect to the determination.
"(B) Upon timely request by the individual, the applicable Secretary shall provide a hearing before an impartial hearing officer designated by the applicable Secretary, at which hearing the individual may produce evidence of a satisfactory immigration status.
"(C) The applicable Secretary shall notify the individual in writing of the decision of the hearing officer on the appeal of the determination in a timely manner.
"(D) Financial assistance may not be denied or terminated until the completion of the hearing process."
Subsec. (e).
Subsec. (e)(3).
Subsec. (e)(4).
Subsec. (g).
Subsec. (h).
1988—Subsec. (a)(6).
Subsec. (c).
Subsec. (d).
Subsec. (d)(2).
Subsec. (d)(4).
Subsec. (d)(4)(A)(i).
Subsec. (d)(4)(B).
Subsec. (d)(4)(B)(i), (ii).
Subsec. (d)(6).
Subsec. (e).
Subsec. (e)(2), (3).
Subsec. (e)(4).
Subsec. (f).
Subsec. (g).
1986—Subsecs. (d), (e).
1981—Subsec. (a).
Subsec. (b).
Effective Date of 1998 Amendment
Effective Date of 1996 Amendment
Amendment by section 308(g)(7)(D)(ii) of
Amendment by sections 572–576 of
Effective Date of 1988 Amendment
"(1) The provisions of, and amendments made by, subsections (a), (b), (e), (f), and (g) [amending this section, repealing
"(2) The amendments made by subsections (c) and (d) [amending this section] shall take effect on October 1, 1988."
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Short Title of 1996 Amendment
Regulations
"(a)
"(b)
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
Transitional Certification and Documentation Provisions
"(1) declare in writing, under penalty of perjury, whether or not such individual is a citizen or national of the United States; and
"(2) if not a citizen or national—
"(A) declare in writing, under penalty of perjury, the immigration status of such individual, if such individual is not less than 62 years of age 'and is receiving financial assistance on the date of the enactment of the Housing and Community Development Act of 1987' [Feb. 5, 1988]; or
"(B) provide such documentation regarding the immigration status of such individual as the Secretary may require by regulation."
Delayed Implementation of 1981 Amendment
Aliens Granted Conditional Entry Eligible for Assisted Housing
2 So in original. Probably should be followed by "; and".
§1436b. Financial assistance in impacted areas
The Secretary of Housing and Urban Development shall not exclude from consideration for financial assistance under federally assisted housing programs proposals for housing projects solely because the site proposed is located within an impacted area. For the purposes of this section, the term "federally assisted housing programs" means any program authorized by the United States Housing Act of 1937 [
(
References in Text
The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by
Section 101 of the Housing and Urban Development Act of 1965, referred to in text, is section 101 of
Codification
Section was enacted as part of the Housing and Community Development Act of 1980, and not as part of the United States Housing Act of 1937 which comprises this chapter.
§1436c. Insurance for public housing agencies and Indian housing authorities
On and after October 28, 1991, notwithstanding any other provision of State or Federal law, regulation or other requirement, any public housing agency or Indian housing authority that purchases any line of insurance from a nonprofit insurance entity, owned and controlled by public housing agencies or Indian housing authorities, and approved by the Secretary, may purchase such insurance without regard to competitive procurement.
On and after October 28, 1991, the Secretary shall establish standards as set forth herein, by regulation, adopted after notice and comment rulemaking pursuant to subchapter II of
On and after October 28, 1991, in establishing standards for approval of such nonprofit insurance entities, the Secretary shall be assured that such entities have sufficient surplus capital to meet reasonably expected losses, reliable accounting systems, sound actuarial projections, and employees experienced in the insurance industry. The Secretary shall not place restrictions on the investment of funds of any such entity that is regulated by the insurance department of any State that describes the types of investments insurance companies licensed in such State may make. With regard to such entities that are not so regulated, the Secretary shall establish investment guidelines that are comparable to State law regulating the investments of insurance companies.
On and after October 28, 1991, the Secretary shall not approve additional nonprofit insurance entities until such standards have become final, nor shall the Secretary revoke the approval of any nonprofit insurance entity previously approved by the Department unless for cause and after a due process hearing.
On and after October 28, 1991, until the Department of Housing and Urban Development has adopted regulations specifying the nature and quality of insurance covering the potential personal injury liability exposure of public housing authorities and Indian housing authorities (and their contractors, including architectural and engineering services) as a result of testing and abatement of lead-based paint in federally subsidized public and Indian housing units, said authorities shall be permitted to purchase insurance for such risk, as an allowable expense against amounts available for capital improvements (modernization): Provided, That such insurance is competitively selected and that coverage provided under such policies, as certified by the authority, provides reasonable coverage for the risk of liability exposure, taking into consideration the potential liability concerns inherent in the testing and abatement of lead-based paint, and the managerial and quality assurance responsibilities associated with the conduct of such activities.
(
References in Text
Herein, referred to in text, probably means
Codification
In the second undesignated par., "subchapter II of
Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992, and not as part of the United States Housing Act of 1937 which comprises this chapter.
§1436d. Consultation with affected areas in settlement of litigation
In negotiating any settlement of, or consent decree for, significant litigation regarding public housing or section 8 [
(
References in Text
Secretary, referred to in text, means the Secretary of Housing and Urban Development.
Codification
Section was enacted as part of the Quality Housing and Work Responsibility Act of 1998, and not as part of the United States Housing Act of 1937 which comprises this chapter.
Effective Date
SUBCHAPTER I—GENERAL PROGRAM OF ASSISTED HOUSING
Codification
§1437. Declaration of policy and public housing agency organization
(a) Declaration of policy
It is the policy of the United States—
(1) to promote the general welfare of the Nation by employing the funds and credit of the Nation, as provided in this chapter—
(A) to assist States and political subdivisions of States to remedy the unsafe housing conditions and the acute shortage of decent and safe dwellings for low-income families;
(B) to assist States and political subdivisions of States to address the shortage of housing affordable to low-income families; and
(C) consistent with the objectives of this subchapter, to vest in public housing agencies that perform well, the maximum amount of responsibility and flexibility in program administration, with appropriate accountability to public housing residents, localities, and the general public;
(2) that the Federal Government cannot through its direct action alone provide for the housing of every American citizen, or even a majority of its citizens, but it is the responsibility of the Government to promote and protect the independent and collective actions of private citizens to develop housing and strengthen their own neighborhoods;
(3) that the Federal Government should act where there is a serious need that private citizens or groups cannot or are not addressing responsibly; and
(4) that our Nation should promote the goal of providing decent and affordable housing for all citizens through the efforts and encouragement of Federal, State, and local governments, and by the independent and collective actions of private citizens, organizations, and the private sector.
(b) Public housing agency organization
(1) Required membership
Except as provided in paragraphs (2) and (3), the membership of the board of directors or similar governing body of each public housing agency shall contain not less than 1 member—
(A) who is directly assisted by the public housing agency; and
(B) who may, if provided for in the public housing agency plan, be elected by the residents directly assisted by the public housing agency.
(2) Exception
Paragraph (1) shall not apply to any public housing agency—
(A) that is located in a State that requires the members of the board of directors or similar governing body of a public housing agency to be salaried and to serve on a full-time basis; or
(B) with less than 300 public housing units, if—
(i) the agency has provided reasonable notice to the resident advisory board of the opportunity of not less than 1 resident described in paragraph (1) to serve on the board of directors or similar governing body of the public housing agency pursuant to such paragraph; and
(ii) within a reasonable time after receipt by the resident advisory board established by the agency pursuant to
(3) Exception for certain jurisdictions
(A) Exception
A covered agency (as such term is defined in subparagraph (C) of this paragraph) shall not be required to include on the board of directors or a similar governing board of such agency a member described in paragraph (1).
(B) Advisory board requirement
Each covered agency that administers Federal housing assistance under
(C) Covered agency or entity
For purposes of this paragraph, the term "covered agency" means a public housing agency or such other entity that administers Federal housing assistance for—
(I) 1 the Housing Authority of the county of Los Angeles, California; or
(ii) any of the States of Alaska, Iowa, and Mississippi.
(4) Nondiscrimination
No person shall be prohibited from serving on the board of directors or similar governing body of a public housing agency because of the residence of that person in a public housing project or status as assisted under
(Sept. 1, 1937, ch. 896, title I, §2, as added
Prior Provisions
A prior section 2 of act Sept. 1, 1937, ch. 896,
Prior similar provisions were contained in section 1 of act Sept. 1, 1937, ch. 896,
Amendments
2016—Subsec. (b)(1).
Subsec. (b)(3), (4).
1998—
1990—
1981—
Effective Date of 1998 Amendment
"(a)
"(1) as otherwise specifically provided in this title; or
"(2) as otherwise specifically provided in any amendment made by this title.
The Secretary may, by notice, implement any provision of this title or any amendment made by this title before such date, except to the extent that such provision or amendment specifically provides otherwise.
"(b)
"(c)
"(d)
"(e)
"(g)[(f)]
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section 3(1) of the United States Housing Act of 1937, as amended, effective Sept. 26, 1975, see Effective Date note set out under
Short Title of 2016 Amendment
Short Title of 2008 Amendment
Short Title of 2003 Amendment
Short Title of 2002 Amendment
Short Title of 1998 Amendment
Short Title of 1988 Amendment
Short Title
Act Sept. 1, 1937, ch. 896, title I, §1, as added by
Applicability of 1996 Amendments; Indian Housing
Applicability of 1990 Amendments; Indian Housing
"(1)
"(2)
Applicability of 1989 Amendments; Indian Housing
Reports on Number and Cost of Federally Assisted Units
Funding of Certain Public Housing
[
Congressional Statement of Findings and Purposes
"(a)
"(1) there exists throughout the Nation a need for decent, safe, and affordable housing;
"(2) the inventory of public housing units owned, assisted, or operated by public housing agencies, an asset in which the Federal Government has invested over $90,000,000,000, has traditionally provided rental housing that is affordable to low-income persons;
"(3) despite serving this critical function, the public housing system is plagued by a series of problems, including the concentration of very poor people in very poor neighborhoods and disincentives for economic self-sufficiency;
"(4) the Federal method of overseeing every aspect of public housing by detailed and complex statutes and regulations has aggravated the problem and has placed excessive administrative burdens on public housing agencies; and
"(5) the interests of low-income persons, and the public interest, will best be served by a reformed public housing program that—
"(A) consolidates many public housing programs into programs for the operation and capital needs of public housing;
"(B) streamlines program requirements;
"(C) vests in public housing agencies that perform well the maximum feasible authority, discretion, and control with appropriate accountability to public housing residents, localities, and the general public; and
"(D) rewards employment and economic self-sufficiency of public housing residents.
"(b)
"(1) deregulating and decontrolling public housing agencies, thereby enabling them to perform as property and asset managers;
"(2) providing for more flexible use of Federal assistance to public housing agencies, allowing the authorities to leverage and combine assistance amounts with amounts obtained from other sources;
"(3) facilitating mixed income communities and decreasing concentrations of poverty in public housing;
"(4) increasing accountability and rewarding effective management of public housing agencies;
"(5) creating incentives and economic opportunities for residents of dwelling units assisted by public housing agencies to work, become self-sufficient, and transition out of public housing and federally assisted dwelling units;
"(6) consolidating the voucher and certificate programs for rental assistance under section 8 of the United States Housing Act of 1937 [
"(7) remedying the problems of troubled public housing agencies and replacing or revitalizing severely distressed public housing projects."
Mental Health Action Plan
"(1) develop an action plan and list of recommendations for the improvement of means of providing severe mental illness treatment to families and individuals receiving housing assistance under the United States Housing Act of 1937 [
"(2) develop and disseminate a list of current practices among public housing agencies and owners of assisted housing that serve to benefit persons in need of mental health care."
Annual Report
"(a)
"(1) the impact of the amendments made by this Act [
"(A) the demographics of public housing residents and families receiving tenant-based assistance under the United States Housing Act of 1937 [
"(B) the economic viability of public housing agencies; and
"(2) the effectiveness of the rent policies established by this Act and the amendments made by this Act on the employment status and earned income of public housing residents.
"(b)
Use of American Products
"(a)
"(b)
"(c)
GAO Study on Housing Assistance Program Costs
"(a)
"(b)
"(1) analyze the full cost to the Federal Government, public housing agencies, State and local governments, and other parties, per assisted household, of the Federal assisted housing programs, in accordance with generally accepted accounting principles, and shall conduct the analysis on a nationwide and regional basis and in a manner such that accurate per unit cost comparisons may be made between Federal assisted housing programs, including grants, direct subsidies, tax concessions, Federal mortgage insurance liability, periodic renovation and rehabilitation, and modernization costs, demolition costs, and other ancillary costs such as security; and
"(2) measure and evaluate qualitative differences among Federal assisted housing programs in accordance with applicable standards of the Department of Housing and Urban Development.
"(c)
"(d)
"(1) the public housing program under the United States Housing Act of 1937 [
"(2) the certificate program for rental assistance under section 8(b)(1) of the United States Housing Act of 1937 [
"(3) the voucher program for rental assistance under section 8(o) of the United States Housing Act of 1937 [
"(4) the programs for project-based assistance under section 8 of the United States Housing Act of 1937 [
"(5) the rental assistance payments program under section 521(a)(2)(A) of the Housing Act of 1949 [
"(6) the program for housing for the elderly under section 202 of the Housing Act of 1959 [
"(7) the program for housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act [
"(8) the program for financing housing by a loan or mortgage insured under section 221(d)(3) of the National Housing Act [
"(9) the program under section 236 of the National Housing Act [
"(10) the program for construction or substantial rehabilitation under section 8(b)(2) of the United States Housing Act of 1937 [
"(11) any other program for housing assistance administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture, under which occupancy in the housing assisted or housing assistance provided is based on income, as the Comptroller General may determine.
"(e)
"(f)
Limitation on Withholding or Conditioning of Assistance
Assistance provided for in Housing and Community Development Act of 1974 [
1 So in original. Probably should be "(i)".
§1437a. Rental payments
(a) Families included; rent options; minimum amount; occupancy by police officers and over-income families
(1) Dwelling units assisted under this chapter shall be rented only to families who are low-income families at the time of their initial occupancy of such units. Reviews of family income shall be made at least annually; except that, in the case of any family with a fixed income, as defined by the Secretary, after the initial review of the family's income, the public housing agency or owner shall not be required to conduct a review of the family's income for any year for which such family certifies, in accordance with such requirements as the Secretary shall establish, which shall include policies to adjust for inflation-based income changes, that 90 percent or more of the income of the family consists of fixed income, and that the sources of such income have not changed since the previous year, except that the public housing agency or owner shall conduct a review of each such family's income not less than once every 3 years. Except as provided in paragraph (2) and subject to the requirement under paragraph (3), a family shall pay as rent for a dwelling unit assisted under this chapter (other than a family assisted under section 1437f(o) or (y) of this title or paying rent under section 1437f(c)(3)(B) 1 of this title) the highest of the following amounts, rounded to the nearest dollar:
(A) 30 per centum of the family's monthly adjusted income;
(B) 10 per centum of the family's monthly income; or
(C) if the family is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the family's actual housing costs, is specifically designated by such agency to meet the family's housing costs, the portion of such payments which is so designated.
(2)
(A)
(i)
(ii)
(B)
(i)
(I) shall not be lower than 80 percent of—
(aa) the applicable fair market rental established under
(bb) at the discretion of the Secretary, such other applicable fair market rental established by the Secretary that the Secretary determines more accurately reflects local market conditions and is based on an applicable market area that is geographically smaller than the applicable market area used for purposes of the applicable fair market rental under
except that a public housing agency may apply to the Secretary for exception allowing for a flat rental amount for a property that is lower than the amount otherwise determined pursuant to item (aa) or (bb) and the Secretary may grant such exception if the Secretary determines that the fair market rental for the applicable market area pursuant to item (aa) or (bb) does not reflect the market value of the property and the proposed lower flat rental amount is based on a market analysis of the applicable market and complies with subclause (II) and
(II) shall be designed in accordance with subparagraph (D) so that the rent structures do not create a disincentive for continued residency in public housing by families who are attempting to become economically self-sufficient through employment or who have attained a level of self-sufficiency through their own efforts.
If a new flat rental amount for a dwelling unit will increase a family's existing rental payment by more than 35 percent, the new flat rental amount shall be phased in as necessary to ensure that the family's existing rental payment does not increase by more than 35 percent annually. The preceding sentence shall not be construed to require establishment of rental amounts equal to 80 percent of the fair market rental in years when the fair market rental falls from the prior year.
(ii)
(I)
(II)
(C)
(i) situations in which the income of the family has decreased because of changed circumstances, loss of 2 reduction of employment, death in the family, and reduction in or loss of income or other assistance;
(ii) an increase, because of changed circumstances, in the family's expenses for medical costs, child care, transportation, education, or similar items; and
(iii) such other situations as may be determined by the agency.
(D)
(E)
(3)
(A)
(i) Each public housing agency shall require the payment of such minimum monthly rental amount, which amount shall be determined by the agency, by—
(I) each family residing in a dwelling unit in public housing by the agency;
(II) each family who is assisted under the certificate or moderate rehabilitation program under
(III) each family who is assisted under the voucher program under
(ii) The Secretary shall require each family who is assisted under any other program for rental assistance under
(B)
(i)
(ii)
(4)
(A)
(B)
(C)
(5)
(A)
(B)
(i) notwithstanding paragraph (2), rent for a unit shall be in an amount that is not less than the costs to operate the unit;
(ii) if an eligible family applies for residence after an over-income family moves in to the last available unit, the over-income family shall vacate the unit in accordance with notice of termination of tenancy provided by the agency, which shall be provided not less than 30 days before such termination; and
(iii) if a unit is vacant and there is no one on the waiting list, the public housing agency may allow an over-income family to gain immediate occupancy in the unit, while simultaneously providing reasonable public notice and outreach with regard to availability of the unit.
(C)
(b) Definition of terms under this chapter
When used in this chapter:
(1) The term "low-income housing" means decent, safe, and sanitary dwellings assisted under this chapter. The term "public housing" means low-income housing, and all necessary appurtenances thereto, assisted under this chapter other than under
(2)(A) The term "low-income families" means those families whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes.
(B) The term "very low-income families" means low-income families whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes.
(C) The term extremely low-income families 3 means very low-income families whose incomes do not exceed the higher of—
(i) the poverty guidelines updated periodically by the Department of Health and Human Services under the authority of
(ii) 30 percent of the median family income for the area, as determined by the Secretary, with adjustments for smaller and larger families (except that the Secretary may establish income ceilings higher or lower than 30 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes).
(D) Such ceilings shall be established in consultation with the Secretary of Agriculture for any rural area, as defined in
(3)
(A)
(B)
(C)
(D)
(E)
(i) has a disability as defined in
(ii) is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional impairment which (I) is expected to be of long-continued and indefinite duration, (II) substantially impedes his or her ability to live independently, and (III) is of such a nature that such ability could be improved by more suitable housing conditions, or
(iii) has a developmental disability as defined in
Such term shall not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for low-income housing under this subchapter, solely on the basis of any drug or alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence.
(F)
(G)
(4) The term "income" means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary, in consultation with the Secretary of Agriculture, except that any amounts not actually received by the family and any amounts which would be eligible for exclusion under
(5)
(A)
(i)
(ii)
(I) unreimbursed medical expenses of any elderly family or disabled family;
(II) unreimbursed medical expenses of any family that is not covered under subclause (I), except that this subclause shall apply only to the extent approved in appropriation Acts; and
(III) unreimbursed reasonable attendant care and auxiliary apparatus expenses for each handicapped member of the family, to the extent necessary to enable any member of such family (including such handicapped member) to be employed.
(iii)
(iv)
(v)
(vi)
(vii)
(I) 18 years of age or older; and
(II) the head of the household (or the spouse of the head of the household).
(B)
(i)
(ii)
(I) all earned income of the family,4
(II) the amount earned by particular members of the family;
(III) the amount earned by families having certain characteristics; or
(IV) the amount earned by families or members during certain periods or from certain sources.
(iii)
(6)
(A)
(B)
(i) a consortia of public housing agencies that the Secretary determines has the capacity and capability to administer a program for assistance under such section in an efficient manner;
(ii) any other public or private nonprofit entity that, upon the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998, was administering any program for tenant-based assistance under
(iii) with respect to any area in which no public housing agency has been organized or where the Secretary determines that a public housing agency is unwilling or unable to implement a program for tenant-based assistance 5
(I) the Secretary or another public or private nonprofit entity that by contract agrees to receive assistance amounts under
(II) notwithstanding any provision of State or local law, a public housing agency for another area that contracts with the Secretary to administer a program for housing assistance under
(7) The term "State" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.
(8) The term "Secretary" means the Secretary of Housing and Urban Development.
(9)
(10)
(11)
(12)
(13)
(c) Definition of terms used in reference to public housing
When used in reference to public housing:
(1) The term "development" means any or all undertakings necessary for planning, land acquisition, demolition, construction, or equipment, in connection with a low-income housing project. The term "development cost" comprises the costs incurred by a public housing agency in such undertakings and their necessary financing (including the payment of carrying charges), and in otherwise carrying out the development of such project, but does not include the costs associated with the demolition of or remediation of environmental hazards associated with public housing units that will not be replaced on the project site, or other extraordinary site costs as determined by the Secretary. Construction activity in connection with a low-income housing project may be confined to the reconstruction, remodeling, or repair of existing buildings.
(2) The term "operation" means any or all undertakings appropriate for management, operation, services, maintenance, security (including the cost of security personnel), or financing in connection with a low-income housing project. The term also means the financing of tenant programs and services for families residing in low-income housing projects, particularly where there is maximum feasible participation of the tenants in the development and operation of such tenant programs and services. As used in this paragraph, the term "tenant programs and services" includes the development and maintenance of tenant organizations which participate in the management of low-income housing projects; the training of tenants to manage and operate such projects and the utilization of their services in project management and operation; counseling on household management, housekeeping, budgeting, money management, child care, and similar matters; advice as to resources for job training and placement, education, welfare, health, and other community services; services which are directly related to meeting tenant needs and providing a wholesome living environment; and referral to appropriate agencies in the community when necessary for the provision of such services. To the maximum extent available and appropriate, existing public and private agencies in the community shall be used for the provision of such services.
(3) The term "acquisition cost" means the amount prudently required to be expended by a public housing agency in acquiring property for a low-income housing project.
(4) The term "congregate housing" means low-rent housing with which there is connected a central dining facility where wholesome and economical meals can be served to occupants. Expenditures incurred by a public housing agency in the operation of a central dining facility in connection with congregate housing (other than the cost of providing food and service) shall be considered a cost of operation of the project.
(5) The terms "group home" and "independent living facility" have the meanings given such terms in
(d) Disallowance of earned income from rent determinations
(1) In general
Notwithstanding any other provision of law, the rent payable under subsection (a) by a family described in paragraph (3) of this subsection may not be increased as a result of the increased income due to such employment during the 12-month period beginning on the date on which the employment is commenced.
(2) Phase-in of rent increases
Upon the expiration of the 12-month period referred to in paragraph (1), the rent payable by a family described in paragraph (3) may be increased due to the continued employment of the family member described in paragraph (3)(B), except that during the 12-month period beginning upon such expiration the amount of the increase may not be greater than 50 percent of the amount of the total rent increase that would be applicable but for this paragraph.
(3) Eligible families
A family described in this paragraph is a family—
(A) that—
(i) occupies a dwelling unit in a public housing project; or
(ii) receives assistance under
(B)(i) whose income increases as a result of employment of a member of the family who was previously unemployed for 1 or more years;
(ii) whose earned income increases during the participation of a family member in any family self-sufficiency or other job training program; or
(iii) who is or was, within 6 months, assisted under any State program for temporary assistance for needy families funded under part A of title IV of the Social Security Act [
(4) Applicability
This subsection and subsection (e) shall apply beginning upon October 1, 1999, except that this subsection and subsection (e) shall apply with respect to any family described in paragraph 3(A)(ii) 6 only to the extent provided in advance in appropriations Acts.
(e) Individual savings accounts
(1) In general
In lieu of a disallowance of earned income under subsection (d), upon the request of a family that qualifies under subsection (d), a public housing agency may establish an individual savings account in accordance with this subsection for that family.
(2) Deposits to account
The public housing agency shall deposit in any savings account established under this subsection an amount equal to the total amount that otherwise would be applied to the family's rent payment under subsection (a) as a result of employment.
(3) Withdrawal from account
Amounts deposited in a savings account established under this subsection may only be withdrawn by the family for the purpose of—
(A) purchasing a home;
(B) paying education costs of family members;
(C) moving out of public or assisted housing; or
(D) paying any other expense authorized by the public housing agency for the purpose of promoting the economic self-sufficiency of residents of public and assisted housing.
(f) Availability of income matching information
(1) Disclosure to PHA
A public housing agency, or the owner responsible for determining the participant's eligibility or level of benefits, shall require any family described in paragraph (2) who receives information regarding income, earnings, wages, or unemployment compensation from the Department of Housing and Urban Development pursuant to income verification procedures of the Department to disclose such information, upon receipt of the information, to the public housing agency that owns or operates the public housing dwelling unit in which such family resides or that provides the housing assistance under this chapter on behalf of such family, as applicable, or to the owner responsible for determining the participant's eligibility or level of benefits.
(2) Families covered
A family described in this paragraph is a family that resides in a dwelling unit—
(A) that is a public housing dwelling unit;
(B) for which tenant-based assistance is provided under
(C) for which project-based assistance is provided under
(Sept. 1, 1937, ch. 896, title I, §3, as added
Amendment of Section
(1) in subsection (a)—
(A) in the second sentence of paragraph (1), by striking "at least annually" and inserting "pursuant to paragraph (6)"; and
(B) by adding at the end the following new paragraphs:
"(6)
"(A)
"(i) in the case of all families, upon the initial provision of housing assistance for the family;
"(ii) annually thereafter, except as provided in paragraph (1) with respect to fixed-income families;
"(iii) upon the request of the family, at any time the income or deductions (under subsection (b)(5)) of the family change by an amount that is estimated to result in a decrease of 10 percent (or such lower amount as the Secretary may, by notice, establish, or permit the public housing agency or owner to establish) or more in annual adjusted income; and
"(iv) at any time the income or deductions (under subsection (b)(5)) of the family change by an amount that is estimated to result in an increase of 10 percent or more in annual adjusted income, or such other amount as the Secretary may by notice establish, except that any increase in the earned income of a family shall not be considered for purposes of this clause (except that earned income may be considered if the increase corresponds to previous decreases under clause (iii)), except that a public housing agency or owner may elect not to conduct such review in the last three months of a certification period.
"(B)
"(7)
"(A)
"(B)
"(C)
"(D)
"(E)
"(F)
(2) in subsection (b), by striking paragraphs (4) and (5) and inserting the following new paragraphs:
"(4)
"(A)
"(B)
"(i) any imputed return on assets, except to the extent that net family assets exceed $50,000, except that such amount (as it may have been previously adjusted) shall be adjusted for inflation annually by the Secretary in accordance with an inflationary index selected by the Secretary;
"(ii) any amounts that would be eligible for exclusion under section 1613(a)(7) of the Social Security Act (
"(iii) deferred disability benefits from the Department of Veterans Affairs that are received in a lump sum amount or in prospective monthly amounts;
"(iv) any expenses related to aid and attendance under
"(v) exclusions from income as established by the Secretary by regulation or notice, or any amount required by Federal law to be excluded from consideration as income.
"(C)
"(i) earned income, up to an amount as the Secretary may by regulation establish, of any dependent earned during any period that such dependent is attending school or vocational training on a full-time basis; or
"(ii) any grant-in-aid or scholarship amounts related to such attendance used—
"(I) for the cost of tuition or books; or
"(II) in such amounts as the Secretary may allow, for the cost of room and board.
"(D)
"(E)
"(5)
"(A)
"(B)
"(C)
"(D)
"(i) in the case of any elderly or disabled family, any unreimbursed health and medical care expenses; and
"(ii) any unreimbursed reasonable attendant care and auxiliary apparatus expenses for each handicapped member of the family, if determined necessary by the public housing agency or owner to enable any member of such family to be employed.
The Secretary shall, by regulation, provide hardship exemptions to the requirements of this subparagraph and subparagraph (C) for impacted families who demonstrate an inability to pay calculated rents because of financial hardship. Such regulations shall include a requirement to notify tenants regarding any changes to the determination of adjusted income pursuant to such subparagraphs based on the determination of the family's claim of financial hardship exemptions required by the preceding sentence. Such regulations shall be promulgated in consultation with tenant organizations, industry participants, and the Secretary of Health and Human Services, with an adequate comment period provided for interested parties.
"(E)
The Secretary shall annually calculate the amounts of the deductions under subparagraphs (A) and (B), as such amounts may have been previously calculated, by applying an inflationary factor as the Secretary shall, by regulation, establish, except that the actual deduction determined for each year shall be established by rounding such amount to the next lowest multiple of $25.";
(3) by striking subsections (d) and (e); and
(4) by redesignating subsection (f) as subsection (d).
See 2016 Amendment notes below.
References in Text
Section 519(d) of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (a)(2)(A)(ii), is section 519(d) of
The effective day of such Act and the effective date of such Act, referred to in subsecs. (a)(2)(A)(ii) and (b)(6)(B)(ii), probably means the general effective date for the Quality Housing and Work Responsibility Act of 1998,
Section 206(d) of the Housing and Urban-Rural Recovery Act of 1983, referred to in subsec. (a)(3)(A), is section 206(d) of
The Immigration and Nationality Act, referred to in subsec. (a)(3)(B)(i)(I), is act June 27, 1952, ch. 477,
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(3)(B)(i)(I), is
Section 503(a) of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (b)(6)(B)(ii), is section 503(a) of
The Social Security Act, referred to in subsec. (d)(3)(B)(iii), is act Aug. 14, 1935, ch. 531,
Section 811, referred to in subsec. (f)(2)(C), means section 811 of the United States Housing Act of 1937, but that Act does not contain a section 811.
Prior Provisions
A prior section 3 of act Sept. 1, 1937, ch. 896,
Prior similar provisions were contained in section 2 of act Sept. 1, 1937, ch. 896,
Amendments
2016—Subsec. (a)(1).
Subsec. (a)(6), (7).
Subsec. (b)(4), (5).
Subsecs. (d) to (f).
2015—Subsec. (a)(1).
2014—Subsec. (a)(2)(B)(i).
Subsec. (a)(2)(B)(i)(II).
Subsec. (b)(2).
Subsec. (b)(6)(A).
2008—Subsec. (b)(4).
2000—Subsec. (b)(3)(E)(iii).
1999—Subsec. (f)(1).
Subsec. (f)(2)(C).
1998—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4), (5).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3)(A).
Subsec. (b)(3)(B).
Subsec. (b)(3)(E).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(9) to (13).
Subsec. (c).
"(1) the period that the resident participates in such program; and
"(2) the period that—
"(A) begins with the commencement of employment of the resident in the first job acquired by the person after completion of such program that is not funded by assistance under this chapter; and
"(B) ends on the earlier of—
"(i) the date the resident ceases to continue employment without good cause as the Secretary shall determine; or
"(ii) the expiration of the 18-month period beginning on the date referred to in subparagraph (A)."
Subsec. (c)(1).
Subsecs. (d), (e).
Subsec. (f).
1996—Subsec. (a)(2).
"(2) Notwithstanding paragraph (1), a public housing agency may—
"(A) adopt ceiling rents that reflect the reasonable market value of the housing, but that are not less than the monthly costs—
"(i) to operate the housing of the agency; and
"(ii) to make a deposit to a replacement reserve (in the sole discretion of the public housing agency); and
"(B) allow families to pay ceiling rents referred to in subparagraph (A), unless, with respect to any family, the ceiling rent established under this paragraph would exceed the amount payable as rent by that family under paragraph (1)." for
"(2)(A) Any public housing agency may provide that each family residing in a public housing project owned and operated by such agency (or in low-income housing assisted under
"(i) is established by such agency and approved by the Secretary;
"(ii) is not more than the amount payable as rent by such family under paragraph (1); and
"(iii) is not less than the average monthly amount of debt service and operating expenses attributable to dwelling units of similar size in public housing projects owned and operated by such agency.
"(B) The terms of all ceiling rents established prior to December 15, 1989, shall be extended without time limitation." See Effective and Termination Dates of 1996 Amendments note below.
Subsec. (b)(5)(F).
Subsec. (b)(5)(G).
Subsec. (b)(5)(H).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(9) to (12).
"(9) The term 'Indian' means any person recognized as being an Indian or Alaska Native by an Indian tribe, the Federal Government, or any State.
"(10) The term 'Indian area' means the area within which an Indian housing authority is authorized to provide low-income housing.
"(11) The term 'Indian housing authority' means any entity that—
"(A) is authorized to engage in or assist in the development or operation of low-income housing for Indians; and
"(B) is established—
"(i) by exercise of the power of self-government of an Indian tribe independent of State law; or
"(ii) by operation of State law providing specifically for housing authorities for Indians, including regional housing authorities in the State of Alaska.
"(12) The term 'Indian tribe' means any tribe, band, pueblo, group, community, or nation of Indians or Alaska Natives."
1994—Subsec. (b)(3)(B).
1992—Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5)(B).
Subsec. (b)(5)(D).
Subsec. (b)(5)(G).
Subsec. (c)(4), (5).
1990—
Subsec. (a)(1).
Subsecs. (a)(2)(A), (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5)(A).
Subsec. (b)(5)(C).
Subsec. (b)(5)(E), (F).
Subsecs. (b)(6), (10), (11)(A), (c).
1989—Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
1988—Subsec. (a).
Subsec. (b)(3).
Subsec. (b)(5)(D).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(9) to (12).
1984—Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (b)(5)(C).
1983—Subsec. (a).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(5).
1981—
1979—Par. (1).
1978—Par. (2)(D).
1976—Par. (2).
Effective Date of 2016 Amendment
Effective Date of 1998 Amendment
Amendment by title V of
Effective and Termination Dates of 1996 Amendments
Amendment by
Effective Date of 1992 Amendment
Amendment by subtitles B through F of title VI [§§621–685] of
Effective Date of 1990 Amendment
Effective Date of 1988 Amendment
"(1)
"(2) 90
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1979 Amendment
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section effective on such date or dates as the Secretary of Housing and Urban Development shall prescribe, but not later than eighteen months after Aug. 22, 1974, except that all of the provisions of par. (1) shall become effective on the same date, see section 201(b) of
The Department of Housing and Urban Development adopted an interim rule, 24 CFR 860.409, Sept. 26, 1975, 40 F.R. 44326, which provided: "The effective date of section 3(1) of the United States Housing Act of 1937, as amended [par. (1) of this section], shall be the date that these regulations [sections 860.401 to 860.409 of Title 24, CFR] are published in the Federal Register (September 26, 1975)."
Regulations
"(A)
"(B)
"(i) determined in accordance with section 3(a)(2)(A) of the United States Housing Act of 1937, as that section existed on the day before enactment of this Act [Jan. 26, 1996];
"(ii) equal to the 95th percentile of the rent paid for a unit of comparable size by tenants in the same public housing project or a group of comparable projects totaling 50 units or more; or
"(iii) equal to the fair market rent for the area in which the unit is located."
[Section 402(b)(2) of
Savings Provision
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Adjustments to Operating Formula Due to Impact on Public Housing Revenues
Transitional Ceiling Rents
"(1)
"(A) adopt and apply ceiling rents that reflect the reasonable market value of the housing, but that are not less than—
"(i) for housing other than housing predominantly for elderly or disabled families (or both), 75 percent of the monthly cost to operate the housing of the agency;
"(ii) for housing predominantly for elderly or disabled families (or both), 100 percent of the monthly cost to operate the housing of the agency; and
"(iii) the monthly cost to make a deposit to a replacement reserve (in the sole discretion of the public housing agency); and
"(B) allow families to pay ceiling rents referred to in subparagraph (A), unless, with respect to any family, the ceiling rent established under this paragraph would exceed the amount payable as rent by that family under paragraph (1).
"(2)
"(3)
Certain Payments Made to Victims of Nazi Persecution Disregarded in Determining Eligibility for and Amount of Need-Based Benefits and Services
"(a)
"(b)
"(c)
"(d)
"(e)
"(1)
"(2)
"(A) has received any payment because of the individual's status as a victim of Nazi persecution;
"(B) at any time during the period beginning on February 1, 1993 and ending on April 30, 1993, resided in a dwelling unit in housing assisted under any program for housing assistance of the Department of Housing and Urban Development under which rent payments for the unit were determined based on or taking into consideration the income of the occupant of the unit;
"(C) paid rent for such dwelling unit for any portion of the period referred to in subparagraph (B) in an amount determined in a manner that did not disregard the payment referred to in subparagraph (A); and
"(D) has submitted a claim for payment under this subsection as required under paragraph (4).
The term does not include the successors, heirs, or estate of an individual meeting the requirements of the preceding sentence.
"(3)
"(A) the sum of the amount of rent paid by the individual for rental of the dwelling unit of the individual assisted under a program for housing assistance of the Department of Housing and Urban Development, for the period referred to in paragraph (2)(B), and
"(B) the sum of the amount of rent that would have been payable by the individual for rental of such dwelling unit for such period if the payments referred to in paragraph (2)(A) were disregarded in determining the amount of rent payable by the individual for such period.
"(4)
"(A) in the case of any individual notified by the Department of Housing and Urban Development orally or in writing that such specific individual is eligible for a payment under this subsection, the expiration of the 6-month period beginning on the date of receipt of such notice; and
"(B) in the case of any other individual, the expiration of the 12-month period beginning on the date of the enactment of this Act [Aug. 1, 1994]."
Inapplicability of Certain 1992 Amendments to Indian Public Housing
Budget Compliance
Median Area Income
"(1) the median income of the county in which the area is located; or
"(2) the median income of the entire nonmetropolitan area of the State."
Determination of Rent Payable by Tenants Occupying Assisted Housing; Delayed Application or Staged Implementation of Amended Provisions
"(1) The following provisions of this paragraph apply to determinations of the rent to be paid by or the contribution required of a tenant occupying housing assisted under the authorities amended by this section [amending this section] or subsections (a) through (h) of section 322 of the Housing and Community Development Amendments of 1981 [amending
"(A) Notwithstanding any other provision of this section or subsections (a) through (h) of section 322 of the Housing and Community Development Amendments of 1981, the Secretary of Housing and Urban Development (hereinafter referred to as the 'Secretary') may provide for delayed applicability, or for staged implementation, of the procedures for determining rents or contributions, as appropriate, required by such provisions if the Secretary determines that immediate application of such procedures would be impracticable, would violate the terms of existing leases, or would result in extraordinary hardship for any class of tenants.
"(B) The Secretary shall provide that the rent or contribution, as appropriate, required to be paid by a tenant shall not increase as a result of the amendments made by this section and subsections (a) through (h) of section 322 of the Housing and Community Development Amendments of 1981, and as a result of any other provision of Federal law or regulation, by more than 10 per centum during any twelve-month period, unless the increase above 10 per centum is attributable to increases in income which are unrelated to such amendments, law, or regulation.
"(2) Tenants of assisted housing other than those referred to in paragraph (1) shall be subject to immediate rent payment or contribution determinations in accordance with applicable law and without regard to the provisions of paragraph (1), but the Secretary shall provide that the rent or contribution payable by any such tenant who is occupying assisted housing on the effective date of any provision of Federal law or regulation shall not increase, as a result of any such provision of Federal law or regulation, by more than 10 per centum during any twelve-month period, unless the increase above 10 per centum is attributable to increases in income which are unrelated to such law or regulation.
"(3) In the case of tenants receiving rental assistance under section 521(a)(1) of the Housing Act of 1949 [
"(4)(A) Notwithstanding any other provision of law, in the case of the conversion of any assistance under section 101 of the Housing and Urban Development Act of 1965 [
"(B) In the case of any such conversion of assistance occurring on or after October 1, 1981, and before the date of the enactment of this section [Nov. 30, 1983], the rental payments due after such date of enactment by any tenant benefiting from such assistance who was sixty-two years of age or older on the date of such conversion shall be computed as if the tenant's rental payment or contribution had, on the date of conversion, been the lesser of the actual rental payment or contribution required, or 25 per centum of the tenant's income.
"(5) The limitations on increases in rent contained in paragraphs (1)(B), (2), (3), and (4) shall remain in effect and may not be changed or superseded except by another provision of law which amends this subsection.
"(6) As used in this subsection, the term 'contribution' means an amount representing 30 per centum of a tenant's monthly adjusted income, 10 per centum of the tenant's monthly income, or the designated amount of welfare assistance, whichever amount is used to determine the monthly assistance payment for the tenant under section 3(a) of the United States Housing Act of 1937 [subsec. (a) of this section].
"(7) The provisions of subsections (a) through (h) of section 322 of the Housing and Community Development Amendments of 1981 shall be implemented and fully applicable to all affected tenants no later than five years following the date of enactment of such amendments [Aug. 13, 1981], except that the Secretary may extend the time for implementation if the Secretary determines that full implementation would result in extraordinary hardship for any class of tenants."
Prior provisions for determining rent payable by tenants occupying assisted housing under and authorizing delayed application or staged implementation of provisions amended by section 322 of
Establishment of Increased Monthly Rental Charge for Family Occupying Low-Income Housing Unit; Adjustment Factors
1 See References in Text note below.
2 So in original. Probably should be "or".
3 So in original. Probably should be " 'extremely low-income families' ".
4 So in original. The comma probably should be a semicolon.
5 So in original. Probably should be "assistance under".
6 So in original. Probably should be paragraph "(3)(A)(ii)".
7 So in original. The comma probably should be a semicolon.
§1437a–1. Repealed. Pub. L. 105–276, title V, §582(a)(1), Oct. 21, 1998, 112 Stat. 2643
Section,
Effective Date of Repeal
Repeal effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement the repeal before such date, and with savings provision, see section 503 of
§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
The Secretary may make loans or commitments to make loans to public housing agencies to help finance or refinance the development, acquisition, or operation of low-income housing projects by such agencies. Any contract for such loans and any amendment to a contract for such loans shall provide that such loans shall bear interest at a rate specified by the Secretary which shall not be less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus one-eighth of 1 per centum. Such loans shall be secured in such manner and shall be repaid within such period not exceeding forty years, or not exceeding forty years from the date of the bonds evidencing the loan, as the Secretary may determine. The Secretary may require loans or commitments to make loans under this section to be pledged as security for obligations issued by a public housing agency in connection with a low-income housing project.
(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
The Secretary may issue and have outstanding at any one time notes and other obligations for purchase by the Secretary of the Treasury in an amount which will not, unless authorized by the President, exceed $1,500,000,000. For the purpose of determining obligations incurred to make loans pursuant to this chapter against any limitation otherwise applicable with respect to such loans, the Secretary shall estimate the maximum amount to be loaned at any one time pursuant to loan agreements then outstanding with public housing agencies. Such notes or other obligations shall be in such forms and denominations and shall be subject to such terms and conditions as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. The notes or other obligations issued under this subsection shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any notes or other obligations of the Secretary issued hereunder and for such purpose is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under
(c) Public and Indian housing financing reforms
(1) At such times as the Secretary may determine, and in accordance with such accounting and other procedures as the Secretary may prescribe, each loan made by the Secretary under subsection (a) that has any principal amount outstanding or any interest amount outstanding or accrued shall be forgiven; and the terms and conditions of any contract, or any amendment to a contract, for such loan with respect to any promise to repay such principal and interest shall be canceled. Such cancellation shall not affect any other terms and conditions of such contract, which shall remain in effect as if the cancellation had not occurred. This paragraph shall not apply to any loan the repayment of which was not to be made using annual contributions, or to any loan all or part of the proceeds of which are due a public housing agency from contractors or others.
(2)(A) On April 7, 1986, each note or other obligation issued by the Secretary to the Secretary of the Treasury pursuant to subsection (b), together with any promise to repay the principal and unpaid interest that has accrued on each note or obligation, shall be forgiven; and any other term or condition specified by each such obligation shall be canceled.
(B) On September 30, 1986, and on any subsequent September 30, each such note or other obligation issued by the Secretary to the Secretary of the Treasury pursuant to subsection (b) during the fiscal year ending on such date, together with any promise to repay the principal and unpaid interest that has accrued on each note or obligation, shall be forgiven; and any other term or condition specified by each such obligation shall be canceled.
(3) Any amount of budget authority (and contract authority) that becomes available during any fiscal year as a result of the forgiveness of any loan, note, or obligation under this subsection shall be rescinded.
(Sept. 1, 1937, ch. 896, title I, §4, as added
Prior Provisions
A prior section 4 of act Sept. 1, 1937, ch. 896,
Amendments
1990—Subsec. (a).
1986—Subsec. (c).
1984—Subsec. (b).
1981—Subsec. (a).
Effective Date of 1981 Amendment
Amendment by
Carryover of Amounts of Budget Authority; Availability as Appropriation of Funds for Grants
§1437c. Contributions for low-income housing projects
(a) Contract authorization; amounts; use as security for obligations of public housing agency; use of existing structures
(1) The Secretary may make annual contributions to public housing agencies to assist in achieving and maintaining the lower income character of their projects. The Secretary shall embody the provisions for such annual contributions in a contract guaranteeing their payment. The contribution payable annually under this section shall in no case exceed a sum equal to the annual amount of principal and interest payable on obligations issued by the public housing agency to finance the development or acquisition cost of the lower income project involved. Annual contributions payable under this section shall be pledged, if the Secretary so requires, as security for obligations issued by a public housing agency to assist the development or acquisition of the project to which annual contributions relate and shall be paid over a period not to exceed 40 years.
(2) The Secretary may make contributions (in the form of grants) to public housing agencies to cover the development cost of public housing projects. The contract under which such contributions shall be made shall specify the amount of capital contributions required for each project to which the contract pertains, and that the terms and conditions of such contract shall remain in effect for a 40-year period.
(3) The amount of contributions that would be established for a newly constructed project by a public housing agency designed to accommodate a number of families of a given size and kind may be established under this section for a project by such public housing agency that would provide housing for the comparable number, sizes, and kinds of families through the acquisition and rehabilitation, or use under lease, of structures that are suitable for low-income housing use and obtained in the local market.
(b) Maximum amount of contributions; regulations; criteria for rates of contribution
The Secretary may prescribe regulations fixing the maximum contributions available under different circumstances, giving consideration to cost, location, size, rent-paying ability of prospective tenants, or other factors bearing upon the amounts and periods of assistance needed to achieve and maintain low rentals. Such regulations may provide for rates of contribution based upon development, acquisition, or operation costs, number of dwelling units, number of persons housed, interest charges, or other appropriate factors.
(c) Limitation on aggregate contractual contributions; contracts for preliminary loans; payments of annual contributions; limitations on specific authorities
(1) The Secretary may enter into contracts for annual contributions aggregating not more than $7,875,049,000 per annum, which amount shall be increased by $1,494,400,000 on October 1, 1980, and by $906,985,000 on October 1, 1981. The additional authority to enter into such contracts provided on or after October 1, 1980, shall be effective only in such amounts as may be approved in appropriation Acts. In addition, the aggregate amount which may be obligated over the duration of the contracts may not exceed $31,200,000,000 with respect to the additional authority provided on October 1, 1980, and $18,087,370,000 with respect to the additional authority provided on October 1, 1981.
(2) The Secretary shall enter into only such new contracts for preliminary loans as are consistent with the number of dwelling units for which contracts for annual contributions may be entered into.
(3) The full faith and credit of the United States is solemnly pledged to the payment of all annual contributions contracted for pursuant to this section, and there are hereby authorized to be appropriated in each fiscal year, out of any money in the Treasury not otherwise appropriated, the amounts necessary to provide for such payments.
(4) All payments of annual contributions pursuant to this section shall be made out of any funds available for purposes of this chapter when such payments are due, except that funds obtained through the issuance of obligations pursuant to
(5) During such period as the Secretary may prescribe for starting construction, the Secretary may approve the conversion of public housing development authority for use under
(6) The aggregate amount of budget authority which may be obligated for contracts for annual contributions and for grants under
(7)(A) Using the additional budget authority provided under paragraph (6) and the balances of budget authority that become available during fiscal year 1993, the Secretary shall, to the extent approved in appropriation Acts, reserve authority to enter into obligations aggregating—
(i) for public housing grants under subsection (a)(2), not more than $830,900,800, of which amount not more than $257,320,000 shall be available for Indian housing;
(ii) for assistance under
(iii) for comprehensive improvement assistance grants under
(iv) for assistance under
(v) for assistance under
(vi) for extensions of contracts expiring under
(vii) for amendments to contracts under
(viii) for public housing lease adjustments and amendments, not more than $83,055,000;
(ix) for conversions from leased housing contracts under
(x) for grants under
(B) Using the additional budget authority provided under paragraph (6) and the balances of budget authority that become available during fiscal year 1994, the Secretary shall, to the extent approved in appropriation Acts, reserve authority to enter into obligations aggregating—
(i) for public housing grants under subsection (a)(2), not more than $865,798,634, of which amount not more than $268,127,440 shall be available for Indian housing;
(ii) for assistance under
(iii) for comprehensive improvement assistance grants under
(iv) for assistance under
(v) for assistance under
(vi) for extensions of contracts expiring under
(vii) for amendments to contracts under
(viii) for public housing lease adjustments and amendments, not more than $86,543,310;
(ix) for conversions from leased housing contracts under
(x) for grants under
(C)(i) Any amount available for the conversion of a project to assistance under
(ii) Any amount available for assistance under
(8) Any amount available for Indian housing under subsection (a) that is recaptured shall be used only for such housing.
(d) Scope of contracts for loans or annual contributions
Any contract for loans or annual contributions, or both, entered into by the Secretary with a public housing agency, may cover one or more than one low-income housing project owned by such public housing agency; in the event the contract covers two or more projects, such projects may, for any of the purposes of this chapter and of such contract (including, but not limited to, the determination of the amount of the loan, annual contributions, or payments in lieu of taxes, specified in such contract), be treated collectively as one project.
(e) Local determination of need as prerequisite for contracts for preliminary loans, and contracts for loans or annual contributions; notice
In recognition that there should be local determination of the need for low-income housing to meet needs not being adequately met by private enterprise—
(1) the Secretary shall not make any contract with a public housing agency for preliminary loans (all of which shall be repaid out of any moneys which become available to such agency for the development of the projects involved) for surveys and planning in respect to any low-income housing projects (i) unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and (ii) unless the public housing agency has demonstrated to the satisfaction of the Secretary that there is need for such low-income housing which is not being met by private enterprise; and
(2) the Secretary shall not make any contract for loans (other than preliminary loans) or for contributions pursuant to this chapter unless the governing body of the locality involved has entered into an agreement with the public housing agency providing for the local cooperation required by the Secretary pursuant to this chapter; the Secretary shall require that each such agreement shall provide that, notwithstanding any order, judgment, or decree of any court (including any settlement order), before making any amounts that are provided pursuant to any contract for contributions under this subchapter available for use for the development of any housing or other property not previously used as public housing, the public housing agency shall (A) notify the chief executive officer (or other appropriate official) of the unit of general local government in which the public housing for which such amounts are to be so used is located (or to be located) of such use, and (B) pursuant to the request of such unit of general local government, provide such information as may reasonably be requested by such unit of general local government regarding the public housing to be so assisted (except to the extent otherwise prohibited by law).
(f) Modification by Secretary of terms of contracts, etc.; limitations; amendment or supersedure of contracts for annual contributions or loans
Subject to the specific limitations or standards in this chapter governing the terms of sales, rentals, leases, loans, contracts for annual contributions, or other agreements, the Secretary may, whenever he deems it necessary or desirable in the fulfillment of the purposes of this chapter, consent to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, security, amount of annual contribution, or any other term, of any contract or agreement of any kind to which the Secretary is a party. When the Secretary finds that it would promote economy or be in the financial interest of the Federal Government or is necessary to assure or maintain the lower income character of the project or projects involved, any contract heretofore or hereafter made for annual contributions, loans, or both, may be amended or superseded by a contract entered into by mutual agreement between the public housing agency and the Secretary. Contracts may not be amended or superseded in a manner which would impair the rights of the holders of any outstanding obligations of the public housing agency involved for which annual contributions have been pledged. Any rule of law contrary to this provision shall be deemed inapplicable.
(g) Pledge of annual contributions as guarantee of payment of obligations issued by public housing agency; exception
In addition to the authority of the Secretary under subsection (a) to pledge annual contributions as security for obligations issued by a public housing agency, the Secretary is authorized to pledge annual contributions as a guarantee of payment by a public housing agency of all principal and interest on obligations issued by it to assist the development or acquisition of the project to which the annual contributions relate, except that no obligation shall be guaranteed under this subsection if the income thereon is exempt from Federal taxation.
(h) Audits
(1) By Secretary and Comptroller General
Each contract for contributions for any assistance under this chapter to a public housing agency shall provide that the Secretary, the Inspector General of the Department of Housing and Urban Development, and the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination, have access to any books, documents, papers, and records of the public housing agency that are pertinent to this chapter and to its operations with respect to financial assistance under the this 1 chapter.
(2) Withholding of amounts for audits under Single Audit Act
The Secretary may, in the sole discretion of the Secretary, arrange for and pay the costs of an audit required under
(i) Prohibition on use of funds
None of the funds made available to the Department of Housing and Urban Development to carry out this chapter, which are obligated to State or local governments, public housing agencies, housing finance agencies, or other public or quasi-public housing agencies, shall be used to indemnify contractors or subcontractors of the government or agency against costs associated with judgments of infringement of intellectual property rights.
(Sept. 1, 1937, ch. 896, title I, §5, as added
References in Text
The Single Audit Act, referred to in subsec. (h)(2) heading, probably means the Single Audit Act of 1984,
Prior Provisions
A prior section 5 of act Sept. 1, 1937, ch. 896,
Amendments
1998—Subsec. (c)(5).
Subsec. (e)(2).
Subsec. (h).
Subsec. (i).
Subsecs. (j), (k).
Subsec. (l).
1996—Subsec. (j)(1).
Subsec. (l).
"(1) such criterion is used as 1 of several criteria that are weighted proportionally and is established by regulations issued after public notice and opportunity to comment in accordance with
"(2) the Secretary determines that the Indian public housing agency has demonstrated a pattern of substantial noncompliance with requirements governing the collection of rents."
1995—Subsec. (h).
1992—Subsec. (c)(6).
Subsec. (c)(7)(A), (B).
Subsec. (j)(1)(D).
Subsec. (j)(1)(E).
Subsec. (j)(1)(F).
Subsec. (j)(2).
Subsec. (j)(3).
1990—Subsec. (a)(3).
Subsec. (c)(6).
Subsec. (c)(7)(A), (B).
Subsecs. (d), (e).
Subsec. (h).
1988—
Subsec. (a).
Subsec. (c)(6).
Subsec. (c)(7).
Subsec. (c)(8).
Subsec. (e)(2).
Subsecs. (j) to (l).
1983—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (c)(5) to (7).
1981—Subsec. (a).
Subsec. (c).
Subsecs. (d) to (f), (h).
1980—Subsec. (c).
Subsec. (i).
1979—Subsec. (c).
1978—Subsec. (c).
1977—Subsec. (c).
1976—Subsec. (c).
Effective Date of 1998 Amendment
Amendment by title V of
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1995 Amendment
Effective Date of 1992 Amendment
Amendment by subtitles B through F of title VI [§§621–685] of
Effective Date of 1990 Amendment
Effective Date of 1988 Amendment
For date on which Secretary of Housing and Urban Development may carry out programs to provide lower income housing on Indian reservations and other Indian areas only in accordance with amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1978 Amendment
Effective Date of 1976 Amendment
Effective Date
Section effective on such date or dates as the Secretary of Housing and Urban Development shall prescribe, but not later than eighteen months after Aug. 22, 1974, except that all of the provisions of this section shall become effective on the same date, see section 201(b) of
Regulations
Inapplicability of Certain 1992 Amendments to Indian Public Housing
Amendment by section 624 of
Increase in Budget Authority for Certificate and Voucher Programs for Disaster Relief
Increase in Budget Authority for Moderate Rehabilitation Program for Disaster Relief
§1437c–1. Public housing agency plans
(a) 5-year plan
(1) In general
Subject to paragraph (3), not less than once every 5 fiscal years, each public housing agency shall submit to the Secretary a plan that includes, with respect to the 5 fiscal years immediately following the date on which the plan is submitted—
(A) a statement of the mission of the public housing agency for serving the needs of low-income and very low-income families in the jurisdiction of the public housing agency during such fiscal years; and
(B) a statement of the goals and objectives of the public housing agency that will enable the public housing agency to serve the needs identified pursuant to subparagraph (A) during those fiscal years.
(2) Statement of goals
The 5-year plan shall include a statement by any public housing agency of the goals, objectives, policies, or programs that will enable the housing authority to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking.
(3) Initial plan
The initial 5-year plan submitted by a public housing agency under this subsection shall be submitted for the 5-year period beginning on October 1, 1999, or the first fiscal year thereafter for which the public housing agency initially receives assistance under this chapter.
(b) Annual plan
(1) In general
Effective beginning upon October 1, 1999, each public housing agency shall submit to the Secretary an annual public housing agency plan under this subsection for each fiscal year for which the public housing agency receives assistance under
(2) Updates
For each fiscal year after the initial submission of an annual plan under this subsection by a public housing agency, the public housing agency may comply with requirements for submission of a plan under this subsection by submitting an update of the plan for the fiscal year.
(3) Exemption of certain PHAs from filing requirement
(A) In general
Notwithstanding paragraph (1) or any other provision of this chapter—
(i) the requirement under paragraph (1) shall not apply to any qualified public housing agency; and
(ii) except as provided in subsection (e)(4)(B), any reference in this section or any other provision of law to a "public housing agency" shall not be considered to refer to any qualified public housing agency, to the extent such reference applies to the requirement to submit an annual public housing agency plan under this subsection.
(B) Civil rights certification
Notwithstanding that qualified public housing agencies are exempt under subparagraph (A) from the requirement under this section to prepare and submit an annual public housing plan, each qualified public housing agency shall, on an annual basis, make the certification described in paragraph (16) of subsection (d), except that for purposes of such qualified public housing agencies, such paragraph shall be applied by substituting "the public housing program of the agency" for "the public housing agency plan".
(C) Definition
For purposes of this section, the term "qualified public housing agency" means a public housing agency that meets the following requirements:
(i) The sum of (I) the number of public housing dwelling units administered by the agency, and (II) the number of vouchers under
(ii) The agency is not designated under
(c) Procedures
(1) In general
The Secretary shall establish requirements and procedures for submission and review of plans, including requirements for timing and form of submission, and for the contents of such plans.
(2) Contents
The procedures established under paragraph (1) shall provide that a public housing agency shall—
(A) in developing the plan consult with the resident advisory board established under subsection (e); and
(B) ensure that the plan under this section is consistent with the applicable comprehensive housing affordability strategy (or any consolidated plan incorporating such strategy) for the jurisdiction in which the public housing agency is located, in accordance with title I of the Cranston-Gonzalez National Affordable Housing Act [
(d) Contents
An annual public housing agency plan under subsection (b) for a public housing agency shall contain the following information relating to the upcoming fiscal year for which the assistance under this chapter is to be made available:
(1) Needs
A statement of the housing needs of low-income and very low-income families residing in the jurisdiction served by the public housing agency, and of other low-income and very low-income families on the waiting list of the agency (including housing needs of elderly families and disabled families), and the means by which the public housing agency intends, to the maximum extent practicable, to address those needs.
(2) Financial resources
A statement of financial resources available to the agency and the planned uses of those resources.
(3) Eligibility, selection, and admissions policies
A statement of the policies governing eligibility, selection, admissions (including any preferences), assignment, and occupancy of families with respect to public housing dwelling units and housing assistance under
(A) the procedures for maintaining waiting lists for admissions to public housing projects of the agency, which may include a system of site-based waiting lists under
(B) the admissions policy under
(4) Rent determination
A statement of the policies of the public housing agency governing rents charged for public housing dwelling units and rental contributions of families assisted under
(5) Operation and management
A statement of the rules, standards, and policies of the public housing agency governing maintenance and management of housing owned, assisted, or operated by the public housing agency (which shall include measures necessary for the prevention or eradication of pest infestation, including by cockroaches), and management of the public housing agency and programs of the public housing agency.
(6) Grievance procedure
A statement of the grievance procedures of the public housing agency.
(7) Capital improvements
With respect to public housing projects owned, assisted, or operated by the public housing agency, a plan describing the capital improvements necessary to ensure long-term physical and social viability of the projects.
(8) Demolition and disposition
With respect to public housing projects owned by the public housing agency—
(A) a description of any housing for which the PHA will apply for demolition or disposition under
(B) a timetable for the demolition or disposition.
(9) Designation of housing for elderly and disabled families
With respect to public housing projects owned, assisted, or operated by the public housing agency, a description of any projects (or portions thereof) that the public housing agency has designated or will apply for designation for occupancy by elderly and disabled families in accordance with
(10) Conversion of public housing
With respect to public housing owned by a public housing agency—
(A) a description of any building or buildings that the public housing agency is required to convert to tenant-based assistance under
(B) an analysis of the projects or buildings required to be converted under
(C) a statement of the amount of assistance received under this chapter to be used for rental assistance or other housing assistance in connection with such conversion.
(11) Homeownership
A description of any homeownership programs of the agency under
(12) Community service and self-sufficiency
A description of—
(A) any programs relating to services and amenities provided or offered to assisted families;
(B) any policies or programs of the public housing agency for the enhancement of the economic and social self-sufficiency of assisted families;
(C) how the public housing agency will comply with the requirements of subsections (c) and (d) of
(13) Domestic violence, dating violence, sexual assault, or stalking programs
A description of—
(A) any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking;
(B) any activities, services, or programs provided or offered by a public housing agency that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and
(C) any activities, services, or programs provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families.
(14) Safety and crime prevention
A plan established by the public housing agency, which shall be subject to the following requirements:
(A) Safety measures
The plan shall provide, on a project-by-project or jurisdiction-wide basis, for measures to ensure the safety of public housing residents.
(B) Establishment
The plan shall be established in consultation with the police officer or officers in command for the appropriate precinct or police department.
(C) Content
The plan shall describe the need for measures to ensure the safety of public housing residents and for crime prevention measures, describe any such activities conducted or to be conducted by the agency, and provide for coordination between the agency and the appropriate police precincts for carrying out such measures and activities.
(D) Secretarial action
If the Secretary determines, at any time, that the security needs of a project are not being adequately addressed by the plan, or that the local police precinct is not complying with the plan, the Secretary may mediate between the public housing agency and the local precinct to resolve any issues of conflict.
(15) Pets
The requirements of the agency, pursuant to
(16) Civil rights certification
A certification by the public housing agency that the public housing agency will carry out the public housing agency plan in conformity with title VI of the Civil Rights Act of 1964 [
(17) Annual audit
The results of the most recent fiscal year audit of the public housing agency under
(18) Asset management
A statement of how the agency will carry out its asset management functions with respect to the public housing inventory of the agency, including how the agency will plan for the long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs for such inventory.
(19) Other
Any other information required by law to be included in a public housing agency plan.
(e) Resident advisory board
(1) In general
Except as provided in paragraph (3), each public housing agency shall establish 1 or more resident advisory boards in accordance with this subsection, the membership of which shall adequately reflect and represent the residents assisted by the public housing agency.
(2) Functions
Each resident advisory board established under this subsection by a public housing agency shall assist and make recommendations regarding the development of the public housing agency plan for the agency. The agency shall consider the recommendations of the resident advisory boards in preparing the final public housing agency plan, and shall include, in the public housing agency plan submitted to the Secretary under this section, a copy of the recommendations and a description of the manner in which the recommendations were addressed.
(3) Waiver
The Secretary may waive the requirements of this subsection with respect to the establishment of resident advisory boards for a public housing agency if the agency demonstrates to the satisfaction of the Secretary that there exist resident councils or other resident organizations of the public housing agency that—
(A) adequately represent the interests of the residents of the public housing agency; and
(B) have the ability to perform the functions described in paragraph (2).
(4) Qualified public housing agencies
(A) In general
Except as provided in subparagraph (B), nothing in this section may be construed to exempt a qualified public housing agency from the requirement under paragraph (1) to establish 1 or more resident advisory boards. Notwithstanding that qualified public housing agencies are exempt under subsection (b)(3)(A) from the requirement under this section to prepare and submit an annual public housing plan, each qualified public housing agency shall consult with, and consider the recommendations of the resident advisory boards for the agency, at the annual public hearing required under subsection (f)(5), regarding any changes to the goals, objectives, and policies of that agency.
(B) Applicability of waiver authority
Paragraph (3) shall apply to qualified public housing agencies, except that for purposes of such qualified public housing agencies, subparagraph (B) of such paragraph shall be applied by substituting "the functions described in the second sentence of paragraph (4)(A)" for "the functions described in paragraph (2)".
(f) Public hearings
(1) In general
In developing a public housing agency plan under this section, the board of directors or similar governing body of a public housing agency shall conduct a public hearing to discuss the public housing agency plan and to invite public comment regarding that plan. The hearing shall be conducted at a location that is convenient to residents.
(2) Availability of information and notice
Not later than 45 days before the date of a hearing conducted under paragraph (1), the public housing agency shall—
(A) make the proposed public housing agency plan and all information relevant to the hearing and proposed plan available for inspection by the public at the principal office of the public housing agency during normal business hours; and
(B) publish a notice informing the public that—
(i) that 1 the information is available as required under subparagraph (A); and
(ii) that 1 a public hearing under paragraph (1) will be conducted.
(3) Adoption of plan
A public housing agency may adopt a public housing agency plan and submit the plan to the Secretary in accordance with this section only after—
(A) conducting a public hearing under paragraph (1);
(B) considering all public comments received; and
(C) making any appropriate changes in the public housing agency plan, in consultation with the resident advisory board.
(4) Advisory board consultation enforcement
Pursuant to a written request made by the resident advisory board for a public housing agency that documents a failure on the part of the agency to provide adequate notice and opportunity for comment under this subsection and a finding by the Secretary of good cause within the time period provided for in subsection (i)(4), the Secretary may require the public housing agency to adequately remedy such failure before final approval of the public housing agency plan under this section.
(5) Qualified public housing agencies
(A) Requirement
Notwithstanding that qualified public housing agencies are exempt under subsection (b)(3)(A) from the requirement under this section to conduct a public hearing regarding the annual public housing plan of the agency, each qualified public housing agency shall annually conduct a public hearing—
(i) to discuss any changes to the goals, objectives, and policies of the agency; and
(ii) to invite public comment regarding such changes.
(B) Availability of information and notice
Not later than 45 days before the date of any hearing described in subparagraph (A), a qualified public housing agency shall—
(i) make all information relevant to the hearing and any determinations of the agency regarding changes to the goals, objectives, and policies of the agency to be considered at the hearing available for inspection by the public at the principal office of the public housing agency during normal business hours; and
(ii) publish a notice informing the public that—
(I) the information is available as required under clause (i); and
(II) a public hearing under subparagraph (A) will be conducted.
(g) Amendments and modifications to plans
(1) In general
Except as provided in paragraph (2), nothing in this section shall preclude a public housing agency, after submitting a plan to the Secretary in accordance with this section, from amending or modifying any policy, rule, regulation, or plan of the public housing agency, except that a significant amendment or modification may not—
(A) be adopted, other than at a duly called meeting of board of directors (or similar governing body) of the public housing agency that is open to the public; and
(B) be implemented, until notification of the amendment or modification is provided to the Secretary and approved in accordance with subsection (i).
(2) Consistency and notice
Each significant amendment or modification to a public housing agency plan submitted to the Secretary under this section shall—
(A) meet the requirements under subsection (c)(2) (relating to consultation with resident advisory board and consistency with comprehensive housing affordability strategies); and
(B) be subject to the notice and public hearing requirements of subsection (f).
(h) Submission of plans
(1) Initial submission
Each public housing agency shall submit the initial plan required by this section, and any amendment or modification to the initial plan, to the Secretary at such time and in such form as the Secretary shall require.
(2) Annual submission
Not later than 75 days before the start of the fiscal year of the public housing agency, after submission of the initial plan required by this section in accordance with subparagraph (A), each public housing agency shall annually submit to the Secretary a plan update, including any amendments or modifications to the public housing agency plan.
(i) Review and determination of compliance
(1) Review
Subject to paragraph (2), after submission of the public housing agency plan or any amendment or modification to the plan to the Secretary, to the extent that the Secretary considers such action to be necessary to make determinations under this paragraph, the Secretary shall review the public housing agency plan (including any amendments or modifications thereto) and determine whether the contents of the plan—
(A) set forth the information required by this section and this chapter to be contained in a public housing agency plan;
(B) are consistent with information and data available to the Secretary, including the approved comprehensive housing affordability strategy under title I of the Cranston-Gonzalez National Affordable Housing Act [
(C) are not prohibited by or inconsistent with any provision of this subchapter or other applicable law.
(2) Elements exempted from review
The Secretary may, by regulation, provide that one or more elements of a public housing agency plan shall be reviewed only if the element is challenged, except that the Secretary shall review the information submitted in each plan pursuant to paragraphs (3)(B), (8), and (15) of subsection (d).
(3) Disapproval
The Secretary may disapprove a public housing agency plan (or any amendment or modification thereto) only if Secretary determines that the contents of the plan (or amendment or modification) do not comply with the requirements under subparagraph (A) through (C) of paragraph (1).
(4) Determination of compliance
(A) In general
Except as provided in subsection (j)(2), not later than 75 days after the date on which a public housing agency plan is submitted in accordance with this section, the Secretary shall make the determination under paragraph (1) and provide written notice to the public housing agency if the plan has been disapproved. If the Secretary disapproves the plan, the notice shall state with specificity the reasons for the disapproval.
(B) Failure to provide notice of disapproval
In the case of a plan disapproved, if the Secretary does not provide notice of disapproval under subparagraph (A) before the expiration of the period described in subparagraph (A), the Secretary shall be considered, for purposes of this chapter, to have made a determination that the plan complies with the requirements under this section and the agency shall be considered to have been notified of compliance upon the expiration of such period. The preceding sentence shall not preclude judicial review regarding such compliance pursuant to
(5) Public availability
A public housing agency shall make the approved plan of the agency available to the general public.
(j) Troubled and at-risk PHAs
(1) In general
The Secretary may require, for each public housing agency that is at risk of being designated as troubled under
(2) Troubled agencies
The Secretary shall provide explicit written approval or disapproval, in a timely manner, for a public housing agency plan submitted by any public housing agency designated by the Secretary as a troubled public housing agency under
(k) Streamlined plan
In carrying out this section, the Secretary may establish a streamlined public housing agency plan for—
(A) public housing agencies that are determined by the Secretary to be high performing public housing agencies;
(B) public housing agencies with less than 250 public housing units that have not been designated as troubled under
(C) public housing agencies that only administer tenant-based assistance and that do not own or operate public housing.
(l) Compliance with plan
(1) In general
In providing assistance under this subchapter, a public housing agency shall comply with the rules, standards, and policies established in the public housing agency plan of the public housing agency approved under this section.
(2) Investigation and enforcement
In carrying out this subchapter, the Secretary shall—
(A) provide an appropriate response to any complaint concerning noncompliance by a public housing agency with the applicable public housing agency plan; and
(B) if the Secretary determines, based on a finding of the Secretary or other information available to the Secretary, that a public housing agency is not complying with the applicable public housing agency plan, take such actions as the Secretary determines to be appropriate to ensure such compliance.
(Sept. 1, 1937, ch. 896, title I, §5A, as added
References in Text
The Cranston-Gonzalez National Affordable Housing Act, referred to in subsecs. (c)(2)(B) and (i)(1)(B), is
The Civil Rights Act of 1964, referred to in subsec. (d)(16), is
The Fair Housing Act, referred to in subsec. (d)(16), is title VIII of
The Americans with Disabilities Act of 1990, referred to in subsec. (d)(16), is
Amendments
2008—Subsec. (b)(3).
Subsec. (e)(4).
Subsec. (f).
Subsec. (f)(5).
2006—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (d)(13) to (19).
Effective Date
Regulations
"(1)
"(2)
"(3)
"(A) seek recommendations on the implementation of section 5A of the United States Housing Act of 1937 [
"(i) State or local public housing agencies;
"(ii) residents, including resident management corporations; and
"(iii) other appropriate parties; and
"(B) convene not less than 2 public forums at which the persons or organizations making recommendations under subparagraph (A) may express views concerning the proposed disposition of the recommendations.
The Secretary shall publish in the final rule a summary of the recommendations made and public comments received and the Department of Housing and Urban Development's response to such recommendations and comments."
Audit and Review; Report
"(1)
"(A) a review of a representative sample of the public housing agency plans approved under such section 5A before such date; and
"(B) an audit and review of the public housing agencies submitting such plans.
"(2)
"(A) a description of the results of each audit and review under paragraph (1); and
"(B) any recommendations for increasing compliance by public housing agencies with their public housing agency plans approved under section 5A of the United States Housing Act of 1937 (as added by subsection (a) of this section)."
1 So in original. The word "that" probably should not appear.
§1437d. Contract provisions and requirements; loans and annual contributions
(a) Conditions; elevators
The Secretary may include in any contract for loans, contributions, sale, lease, mortgage, or any other agreement or instrument made pursuant to this chapter, such covenants, conditions, or provisions as he may deem necessary in order to insure the lower income character of the project involved, in a manner consistent with the public housing agency plan. Any such contract shall require that, except in the case of housing predominantly for elderly or disabled families, high-rise elevator projects shall not be provided for families with children unless the Secretary makes a determination that there is no practical alternative.
(b) Limitation on development costs
(1) Each contract for loans (other than preliminary loans) or contributions for the development, acquisition, or operation of public housing shall provide that the total development cost of the project on which the computation of any annual contributions under this chapter may be based may not exceed the amount determined under paragraph (2) (for the appropriate structure type) unless the Secretary provides otherwise, and in any case may not exceed 110 per centum of such amount unless the Secretary for good cause determines otherwise.
(2) For purposes of paragraph (1), the Secretary shall determine the total development cost by multiplying the construction cost guideline for the project (which shall be determined by averaging the current construction costs, as listed by not less than 2 nationally recognized residential construction cost indices, for publicly bid construction of a good and sound quality) by—
(A) in the case of elevator type structures, 1.6; and
(B) in the case of nonelevator type structures, 1.75.
(3) In calculating the total development cost of a project under paragraph (2), the Secretary shall consider only capital assistance provided by the Secretary to a public housing agency that are 1 authorized for use in connection with the development of public housing, and shall exclude all other amounts, including amounts provided under—
(A) the HOME investment partnerships program authorized under title II of the Cranston-Gonzalez National Affordable Housing Act [
(B) the community development block grants program under title I of the Housing and Community Development Act of 1974 [
(4) The Secretary may restrict the amount of capital funds that a public housing agency may use to pay for housing construction costs. For purposes of this paragraph, housing construction costs include the actual hard costs for the construction of units, builders' overhead and profit, utilities from the street, and finish landscaping.
(c) Revision of maximum income limits; certification of compliance with requirements; notification of eligibility; informal hearing; compliance with procedures for sound management
Every contract for contributions shall provide that—
(1) the Secretary may require the public housing agency to review and revise its maximum income limits if the Secretary determines that changed conditions in the locality make such revision necessary in achieving the purposes of this chapter;
(2) the public housing agency shall determine, and so certify to the Secretary, that each family in the project was admitted in accordance with duly adopted regulations and approved income limits; and the public housing agency shall review the incomes of families living in the project no less frequently than annually;
(3) the public housing agency shall promptly notify (i) any applicant determined to be ineligible for admission to the project of the basis for such determination and provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination, and (ii) any applicant determined to be eligible for admission to the project of the approximate date of occupancy insofar as such date can be reasonably determined; and
(4) the public housing agency shall comply with such procedures and requirements as the Secretary may prescribe to assure that sound management practices will be followed in the operation of the project, including requirements pertaining to—
(A) making dwelling units in public housing available for occupancy, which shall provide that the public housing agency may establish a system for making dwelling units available that provides preference for such occupancy to families having certain characteristics; each system of preferences established pursuant to this subparagraph shall be based upon local housing needs and priorities, as determined by the public housing agency using generally accepted data sources, including any information obtained pursuant to an opportunity for public comment as provided under
(B) the establishment of satisfactory procedures designed to assure the prompt payment and collection of rents and the prompt processing of evictions in the case of nonpayment of rent;
(C) the establishment of effective tenant-management relationships designed to assure that satisfactory standards of tenant security and project maintenance are formulated and that the public housing agency (together with tenant councils where they exist) enforces those standards fully and effectively;
(D) the development by local housing authority managements of viable homeownership opportunity programs for low-income families capable of assuming the responsibilities of homeownership;
(E) for each agency that receives assistance under this subchapter, the establishment and maintenance of a system of accounting for rental collections and costs (including administrative, utility, maintenance, repair and other operating costs) for each project or operating cost center (as determined by the Secretary), which collections and costs shall be made available to the general public and submitted to the appropriate local public official (as determined by the Secretary); except that the Secretary may permit agencies owning or operating less than 500 units to comply with the requirements of this subparagraph by accounting on an agency-wide basis; and
(F) requiring the public housing agency to ensure and maintain compliance with subtitle C of title VI of the Housing and Community Development Act of 1992 [
(d) Exemption from personal and real property taxes; payments in lieu of taxes; cash contribution or tax remission
Every contract for contributions with respect to a low-income housing project shall provide that no contributions by the Secretary shall be made available for such project unless such project (exclusive of any portion thereof which is not assisted by contributions under this chapter) is exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision; and such contract shall require the public housing agency to make payments in lieu of taxes equal to 10 per centum of the sum of the shelter rents charged in such project, or such lesser amount as (i) is prescribed by State law, or (ii) is agreed to by the local governing body in its agreement for local cooperation with the public housing agency required under
(e) Repealed. Pub. L. 105–276, title V, §529(2), Oct. 21, 1998, 112 Stat. 2569
(f) Housing quality requirements
(1) In general
Each contract for contributions for a public housing agency shall require that the agency maintain its public housing in a condition that complies with standards which meet or exceed the housing quality standards established under paragraph (2).
(2) Federal standards
The Secretary shall establish housing quality standards under this paragraph that ensure that public housing dwelling units are safe and habitable. Such standards shall include requirements relating to habitability, including maintenance, health and sanitation factors, condition, and construction of dwellings, and shall, to the greatest extent practicable, be consistent with the standards established under
(3) Annual inspections
Each public housing agency that owns or operates public housing shall make an annual inspection of each public housing project to determine whether units in the project are maintained in accordance with the requirements under paragraph (1). The agency shall retain the results of such inspections and, upon the request of the Secretary, the Inspector General for the Department of Housing and Urban Development, or any auditor conducting an audit under
(g) Substantial default; conveyance of title and delivery of possession; reconveyance and redelivery; payments for outstanding obligations
Every contract for contributions (including contracts which amend or supersede contracts previously made) may provide that—
(1) upon the occurrence of a substantial default in respect to the covenants or conditions to which the public housing agency is subject (as such substantial default shall be defined in such contract), the public housing agency shall be obligated at the option of the Secretary either to convey title in any case where, in the determination of the Secretary (which determination shall be final and conclusive), such conveyance of title is necessary to achieve the purposes of this chapter, or to deliver to the Secretary possession of the project, as then constituted, to which such contract relates; and
(2) the Secretary shall be obligated to reconvey or redeliver possession of the project as constituted at the time of reconveyance or redelivery, to such public housing agency or to its successor (if such public housing agency or a successor exists) upon such terms as shall be prescribed in such contract, and as soon as practicable (i) after the Secretary is satisfied that all defaults with respect to the project have been cured, and that the project will, in order to fulfill the purposes of this chapter, thereafter be operated in accordance with the terms of such contract; or (ii) after the termination of the obligation to make annual contributions available unless there are any obligations or covenants of the public housing agency to the Secretary which are then in default. Any prior conveyances and reconveyances or deliveries and redeliveries of possession shall not exhaust the right to require a conveyance or delivery of possession of the project to the Secretary pursuant to subparagraph (1) upon the subsequent occurrence of a substantial default.
Whenever such a contract for annual contributions includes provisions which the Secretary in such contract determines are in accordance with this subsection, and the portion of the annual contribution payable for debt service requirements pursuant to such contract has been pledged by the public housing agency as security for the payment of the principal and interest on any of its obligations, the Secretary (notwithstanding any other provisions of this chapter) shall continue to make such annual contributions available for the project so long as any of such obligations remain outstanding, and may covenant in such contract that in any event such annual contributions shall in each year be at least equal to an amount which, together with such income or other funds as are actually available from the project for the purpose at the time such annual contribution is made, will suffice for the payment of all installments, falling due within the next succeeding twelve months, of principal and interest on the obligations for which the annual contributions provided for in the contract shall have been pledged as security. In no case shall such annual contributions be in excess of the maximum sum specified in the contract involved, nor for longer than the remainder of the maximum period fixed by the contract.
(h) New construction contracts
On or after October 1, 1983, the Secretary may enter into a contract involving new construction only if the public housing agency demonstrates to the satisfaction of the Secretary that the cost of new construction in the neighborhood where the public housing agency determines the housing is needed is less than the cost of acquisition or acquisition and rehabilitation in such neighborhood, including any reserve fund under subsection (i), would be.
(i) Reserve fund; major repairs
The Secretary may, upon application by a public housing agency in connection with the acquisition of housing for use as public housing, establish and set aside a reserve fund in an amount not to exceed 30 per centum of the acquisition cost which shall be available for use for major repairs to such housing.
(j) Performance indicators for public housing agencies
(1) The Secretary shall develop and publish in the Federal Register indicators to assess the management performance of public housing agencies and resident management corporations. The indicators shall be established by rule under
(A) The number and percentage of vacancies within an agency's inventory, including the progress that an agency has made within the previous 3 years to reduce such vacancies.
(B) The amount and percentage of funds provided to the public housing agency from the Capital Fund under
(C) The percentage of rents uncollected.
(D) The utility consumption (with appropriate adjustments to reflect different regions and unit sizes).
(E) The average period of time that an agency requires to repair and turn-around vacant units.
(F) The proportion of maintenance work orders outstanding, including any progress that an agency has made during the preceding 3 years to reduce the period of time required to complete maintenance work orders.
(G) The percentage of units that an agency fails to inspect to ascertain maintenance or modernization needs within such period of time as the Secretary deems appropriate (with appropriate adjustments, if any, for large and small agencies).
(H) The extent to which the public housing agency—
(i) coordinates, promotes, or provides effective programs and activities to promote the economic self-sufficiency of public housing residents; and
(ii) provides public housing residents with opportunities for involvement in the administration of the public housing.
(I) 2 The extent to which the public housing agency—
(i) implements effective screening and eviction policies and other anticrime strategies; and
(ii) coordinates with local government officials and residents in the project and implementation of such strategies.
(J) The extent to which the public housing agency is providing acceptable basic housing conditions.
(K) Any other factors as the Secretary deems appropriate which shall not exceed the seven factors in the statute, plus an additional five.
(I) 3 The Secretary shall:
(1) administer the system of evaluating public housing agencies flexibly to ensure that such agencies are not penalized as result of circumstances beyond their control;
(2) reflect in the weights assigned to the various indicators the differences in the difficulty of managing individual projects that result from their physical condition and their neighborhood environment; and
(3) determine a public housing agency's status as "troubled with respect to the program under section 1437l 4 of this title" based upon factors solely related to its ability to carry out that program.
(2)(A)(i) The Secretary shall, under the rulemaking procedures under
(ii) The Secretary may also, in consultation with national organizations representing public housing agencies and public officials (as the Secretary determines appropriate), identify and commend public housing agencies that meet the performance standards established under paragraph (1) in an exemplary manner.
(iii) The Secretary shall establish procedures for public housing agencies to appeal designation as a troubled agency (including designation as a troubled agency for purposes of the program for assistance from the Capital Fund under
(B)(i) Upon designating a public housing agency with more than 250 units as troubled pursuant to subparagraph (A) and determining that an assessment under this subparagraph will not duplicate any comparable and recent review, the Secretary shall provide for an on-site, independent assessment of the management of the agency.
(ii) To the extent the Secretary deems appropriate (taking into account an agency's performance under the indicators specified under paragraph (1)), the assessment team shall also consider issues relating to the agency's resident population and physical inventory, including the extent to which (I) the agency's comprehensive plan prepared pursuant to section 1437l 4 of this title adequately and appropriately addresses the rehabilitation needs of the agency's inventory, (II) residents of the agency are involved in and informed of significant management decisions, and (III) any projects in the agency's inventory are severely distressed and eligible for assistance pursuant to
(iii) An independent assessment under this subparagraph shall be carried out by a team of knowledgeable individuals selected by the Secretary (referred to in this section as the "assessment team") with expertise in public housing and real estate management. In conducting an assessment, the assessment team shall consult with the residents and with public and private entities in the jurisdiction in which the public housing is located. The assessment team shall provide to the Secretary and the public housing agency a written report, which shall contain, at a minimum, recommendations for such management improvements as are necessary to eliminate or substantially remedy existing deficiencies.
(C) The Secretary shall seek to enter into an agreement with each troubled public housing agency, after reviewing the report submitted pursuant to subparagraph (B) (if applicable) and consulting with the agency's assessment team. Such agreement shall set forth—
(i) targets for improving performance as measured by the performance indicators specified under paragraph (1) and other requirements within a specified period of time;
(ii) strategies for meeting such targets, including a description of the technical assistance that the Secretary will make available to the agency; and
(iii) incentives or sanctions for effective implementation of such strategies, which may include any constraints on the use of funds that the Secretary determines are appropriate.
To the extent the Secretary deems appropriate (taking into account an agency's performance under the indicators specified under paragraph (1)), such agreement shall also set forth a plan for enhancing resident involvement in the management of the public housing agency. The Secretary and the public housing agency shall, to the maximum extent practicable, seek the assistance of local public and private entities in carrying out the agreement.
(D) The Secretary shall apply the provisions of this paragraph to resident management corporations as well as public housing agencies.
(3)(A) Notwithstanding any other provision of law or of any contract for contributions, upon the occurrence of events or conditions that constitute a substantial default by a public housing agency with respect to the covenants or conditions to which the public housing agency is subject or an agreement entered into under paragraph (2), the Secretary may—
(i) solicit competitive proposals from other public housing agencies and private housing management agents which (I) in the discretion of the Secretary, may be selected by existing public housing residents through administrative procedures established by the Secretary, and (II) if appropriate, shall provide for such agents to manage all, or part, of the housing administered by the public housing agency or all or part of the other programs of the agency;
(ii) petition for the appointment of a receiver (which may be another public housing agency or a private management corporation) of the public housing agency to any district court of the United States or to any court of the State in which the real property of the public housing agency is situated, that is authorized to appoint a receiver for the purposes and having the powers prescribed in this subsection;
(iii) solicit competitive proposals from other public housing agencies and private entities with experience in construction management in the eventuality that such agencies or firms may be needed to oversee implementation of assistance made available from the Capital Fund under
(iv) take possession of all or part of the public housing agency, including all or part of any project or program of the agency, including any project or program under any other provision of this subchapter; and
(v) require the agency to make other arrangements acceptable to the Secretary and in the best interests of the public housing residents and families assisted under
Residents of a public housing agency designated as troubled pursuant to paragraph (2)(A) may petition the Secretary in writing to take 1 or more of the actions referred to in this subparagraph. The Secretary shall respond to such petitions in a timely manner with a written description of the actions, if any, the Secretary plans to take and, where applicable, the reasons why such actions differ from the course proposed by the residents.
(B)(i) If a public housing agency is identified as troubled under this subsection, the Secretary shall notify the agency of the troubled status of the agency.
(ii)(I) Upon the expiration of the 1-year period beginning on the later of the date on which the agency receives initial notice from the Secretary of the troubled status of the agency under clause (i) and October 21, 1998, the agency shall improve its performance, as measured by the performance indicators established pursuant to paragraph (1), by at least 50 percent of the difference between the most recent performance measurement and the measurement necessary to remove that agency's designation as troubled.
(II) Upon the expiration of the 2-year period beginning on the later of the date on which the agency receives initial notice from the Secretary of the troubled status of the agency under clause (i) and October 21, 1998, the agency shall improve its performance, as measured by the performance indicators established pursuant to paragraph (1), such that the agency is no longer designated as troubled.
(III) In the event that a public housing agency designated as troubled under this subsection fails to comply with the requirements set forth in subclause (I) or (II), the Secretary shall—
(aa) in the case of a troubled public housing agency with 1,250 or more units, petition for the appointment of a receiver pursuant to subparagraph (A)(ii); or
(bb) in the case of a troubled public housing agency with fewer than 1,250 units, either petition for the appointment of a receiver pursuant to subparagraph (A)(ii), or take possession of the public housing agency (including all or part of any project or program of the agency) pursuant to subparagraph (A)(iv) and appoint, on a competitive or noncompetitive basis, an individual or entity as an administrative receiver to assume the responsibilities of the Secretary for the administration of all or part of the public housing agency (including all or part of any project or program of the agency).
This subparagraph shall not be construed to limit the courses of action available to the Secretary under subparagraph (A).
(IV) During the period between the date on which a petition is filed under subclause (III)(aa) and the date on which a receiver assumes responsibility for the management of the public housing agency under such subclause, the Secretary may take possession of the public housing agency (including all or part of any project or program of the agency) pursuant to subparagraph (A)(iv) and may appoint, on a competitive or noncompetitive basis, an individual or entity as an administrative receiver to assume the responsibilities of the Secretary for the administration of all or part of the public housing agency (including all or part of any project or program of the agency).
(C) If a receiver is appointed pursuant to subparagraph (A)(ii), in addition to the powers accorded by the court appointing the receiver, the receiver—
(i) may abrogate any contract to which the United States or an agency of the United States is not a party that, in the receiver's written determination (which shall include the basis for such determination), substantially impedes correction of the substantial default, but only after the receiver determines that reasonable efforts to renegotiate such contract have failed;
(ii) may demolish and dispose of all or part of the assets of the public housing agency (including all or part of any project of the agency) in accordance with
(iii) if determined to be appropriate by the Secretary, may seek the establishment, as permitted by applicable State and local law, of 1 or more new public housing agencies;
(iv) if determined to be appropriate by the Secretary, may seek consolidation of all or part of the agency (including all or part of any project or program of the agency), as permitted by applicable State and local laws, into other well-managed public housing agencies with the consent of such well-managed agencies; and
(v) shall not be required to comply with any State or local law relating to civil service requirements, employee rights (except civil rights), procurement, or financial or administrative controls that, in the receiver's written determination (which shall include the basis for such determination), substantially impedes correction of the substantial default.
(D)(i) If, pursuant to subparagraph (A)(iv), the Secretary takes possession of all or part of the public housing agency, including all or part of any project or program of the agency, the Secretary—
(I) may abrogate any contract to which the United States or an agency of the United States is not a party that, in the written determination of the Secretary (which shall include the basis for such determination), substantially impedes correction of the substantial default, but only after the Secretary determines that reasonable efforts to renegotiate such contract have failed;
(II) may demolish and dispose of all or part of the assets of the public housing agency (including all or part of any project of the agency) in accordance with
(III) may seek the establishment, as permitted by applicable State and local law, of 1 or more new public housing agencies;
(IV) may seek consolidation of all or part of the agency (including all or part of any project or program of the agency), as permitted by applicable State and local laws, into other well-managed public housing agencies with the consent of such well-managed agencies;
(V) shall not be required to comply with any State or local law relating to civil service requirements, employee rights (except civil rights), procurement, or financial or administrative controls that, in the Secretary's written determination (which shall include the basis for such determination), substantially impedes correction of the substantial default; and
(VI) shall, without any action by a district court of the United States, have such additional authority as a district court of the United States would have the authority to confer upon a receiver to achieve the purposes of the receivership.
(ii) If, pursuant to subparagraph (B)(ii)(III)(bb), the Secretary appoints an administrative receiver to assume the responsibilities of the Secretary for the administration of all or part of the public housing agency (including all or part of any project or program of the agency), the Secretary may delegate to the administrative receiver any or all of the powers given the Secretary by this subparagraph, as the Secretary determines to be appropriate and subject to clause (iii).
(iii) An administrative receiver may not take an action described in subclause (III) or (IV) of clause (i) unless the Secretary first approves an application by the administrative receiver to authorize such action.
(E) The Secretary may make available to receivers and other entities selected or appointed pursuant to this paragraph such assistance as the Secretary determines in the discretion of the Secretary is necessary and available to remedy the substantial deterioration of living conditions in individual public housing projects or other related emergencies that endanger the health, safety, and welfare of public housing residents or families assisted under
(F) In any proceeding under subparagraph (A)(ii), upon a determination that a substantial default has occurred and without regard to the availability of alternative remedies, the court shall appoint a receiver to conduct the affairs of all or part of the public housing agency in a manner consistent with this chapter and in accordance with such further terms and conditions as the court may provide. The receiver appointed may be another public housing agency, a private management corporation, or any other person or appropriate entity. The court shall have power to grant appropriate temporary or preliminary relief pending final disposition of the petition by the Secretary.
(G) The appointment of a receiver pursuant to this paragraph may be terminated, upon the petition of any party, when the court determines that all defaults have been cured or the public housing agency is capable again of discharging its duties.
(H) If the Secretary (or an administrative receiver appointed by the Secretary) takes possession of a public housing agency (including all or part of any project or program of the agency), or if a receiver is appointed by a court, the Secretary or receiver shall be deemed to be acting not in the official capacity of that person or entity, but rather in the capacity of the public housing agency, and any liability incurred, regardless of whether the incident giving rise to that liability occurred while the Secretary or receiver was in possession of all or part of the public housing agency (including all or part of any project or program of the agency), shall be the liability of the public housing agency.
(4)
(A)
(i) terminate assistance payments under this 6
(ii) withhold from the agency amounts from the total allocations for the agency pursuant to
(iii) reduce the amount of future assistance payments under
(iv) limit the availability of assistance amounts provided to the agency under
(v) withhold from the agency amounts allocated for the agency under
(vi) order other corrective action with respect to the agency.
(B)
(i) in the case of action under subparagraph (A)(i), resume payments of assistance amounts under
(ii) in the case of action under clause (ii) or (v) of subparagraph (A), make withheld amounts available as the Secretary considers appropriate to ensure that the agency complies with the provisions of this chapter relating to such program;
(iii) in the case of action under subparagraph (A)(iv), release such restrictions at the time that the Secretary first determines that the agency will comply with the provisions of this chapter relating to such program; or
(iv) in the case of action under subparagraph (vi), cease such action at the time that the Secretary first determines that the agency will comply with the provisions of this chapter relating to such program.
(5) The Secretary shall submit to the Congress annually, as a part of the report of the Secretary under
(A) identifies the public housing agencies that have been designated as troubled under paragraph (2);
(B) describes the grounds on which such public housing agencies were designated as troubled and continue to be so designated;
(C) describes the agreements that have been entered into with such agencies under such paragraph;
(D) describes the status of progress under such agreements;
(E) describes any action that has been taken in accordance with paragraph (3), including an accounting of the authorized funds that have been expended to support such actions; and
(F) describes the status of any public housing agency designated as troubled with respect to the program for assistance from the Capital Fund under
(6)(A) To the extent that the Secretary determines such action to be necessary in order to ensure the accuracy of any certification made under this section, the Secretary shall require an independent auditor to review documentation or other information maintained by a public housing agency pursuant to this section to substantiate each certification submitted by the agency or corporation relating to the performance of that agency or corporation.
(B) The Secretary may withhold, from assistance otherwise payable to the agency or corporation under
(7) The Secretary shall apply the provisions of this subsection to resident management corporations in the same manner as applied to 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
The Secretary shall by regulation require each public housing agency receiving assistance under this chapter to establish and implement an administrative grievance procedure under which tenants will—
(1) be advised of the specific grounds of any proposed adverse public housing agency action;
(2) have an opportunity for a hearing before an impartial party upon timely request within any period applicable under subsection (l);
(3) have an opportunity to examine any documents or records or regulations related to the proposed action;
(4) be entitled to be represented by another person of their choice at any hearing;
(5) be entitled to ask questions of witnesses and have others make statements on their behalf; and
(6) be entitled to receive a written decision by the public housing agency on the proposed action.
For any grievance concerning an eviction or termination of tenancy that involves any activity that threatens the health, safety, or right to peaceful enjoyment of the premises of other tenants or employees of the public housing agency or any violent or drug-related criminal activity on or off such premises, or any activity resulting in a felony conviction, the agency may (A) establish an expedited grievance procedure as the Secretary shall provide by rule under
(l) Leases; terms and conditions; maintenance; termination
Each public housing agency shall utilize leases which—
(1) have a term of 12 months and shall be automatically renewed for all purposes except for noncompliance with the requirements under
(2) do not contain unreasonable terms and conditions;
(3) obligate the public housing agency to maintain the project in a decent, safe, and sanitary condition;
(4) require the public housing agency to give adequate written notice of termination of the lease which shall not be less than—
(A) a reasonable period of time, but not to exceed 30 days—
(i) if the health or safety of other tenants, public housing agency employees, or persons residing in the immediate vicinity of the premises is threatened; or
(ii) in the event of any drug-related or violent criminal activity or any felony conviction;
(B) 14 days in the case of nonpayment of rent; and
(C) 30 days in any other case, except that if a State or local law provides for a shorter period of time, such shorter period shall apply;
(5) require that the public housing agency may not terminate the tenancy except for serious or repeated violation of the terms or conditions of the lease or for other good cause;
(6) provide that any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants or any drug-related criminal activity on or off such premises, engaged in by a public housing tenant, any member of the tenant's household, or any guest or other person under the tenant's control, shall be cause for termination of tenancy;
(7) specify that with respect to any notice of eviction or termination, notwithstanding any State law, a public housing tenant shall be informed of the opportunity, prior to any hearing or trial, to examine any relevant documents, records, or regulations directly related to the eviction or termination;
(7) 7 provide that any occupancy in violation of
(9) provide that it shall be cause for immediate termination of the tenancy of a public housing tenant if such tenant—
(A) is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; or
(2) 9 is violating a condition of probation or parole imposed under Federal or State law.
For purposes of paragraph (5),4 the term "drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in
(m) Reporting requirements; limitation
The Secretary shall not impose any unnecessarily duplicative or burdensome reporting requirements on tenants or public housing agencies assisted under this chapter.
(n) Notice to post office regarding eviction for criminal activity
When a public housing agency evicts an individual or family from a dwelling unit for engaging in criminal activity, including drug-related criminal activity, the public housing agency shall notify the local post office serving that dwelling unit that such individual or family is no longer residing in the dwelling unit.
(o) Public housing assistance for foster care children
In providing housing in low-income housing projects, each public housing agency may coordinate with any local public agencies involved in providing for the welfare of children to make available dwelling units to—
(1) families identified by the agencies as having a lack of adequate housing that is a primary factor—
(A) in the imminent placement of a child in foster care; or
(B) in preventing the discharge of a child from foster care and reunification with his or her family; and
(2) youth, upon discharge from foster care, in cases in which return to the family or extended family or adoption is not available.
(p) Repealed. Pub. L. 105–276, title V, §519(b), Oct. 21, 1998, 112 Stat. 2561
(q) Availability of records
(1) In general
(A) Provision of information
Notwithstanding any other provision of law, except as provided in subparagraph (C), the National Crime Information Center, police departments, and other law enforcement agencies shall, upon request, provide information to public housing agencies regarding the criminal conviction records of adult applicants for, or tenants of, covered housing assistance for purposes of applicant screening, lease enforcement, and eviction.
(B) Requests by owners of project-based section 8 [42 U.S.C. 1437f ] housing
A public housing agency may make a request under subparagraph (A) for information regarding applicants for, or tenants of, housing that is provided project-based assistance under
(C) Exception
A law enforcement agency described in subparagraph (A) shall provide information under this paragraph relating to any criminal conviction of a juvenile only to the extent that the release of such information is authorized under the law of the applicable State, tribe, or locality.
(2) Opportunity to dispute
Before an adverse action is taken with regard to assistance under this subchapter on the basis of a criminal record, the public housing agency shall provide the tenant or applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record.
(3) Fees
A public housing agency may be charged a reasonable fee for information provided under paragraph (1). In the case of a public housing agency obtaining information pursuant to paragraph (1)(B) for another owner of housing, the agency may pass such fee on to the owner initiating the request and may charge additional reasonable fees for making the request on behalf of the owner and taking other actions for owners under this subsection.
(4) Records management
Each public housing agency shall establish and implement a system of records management that ensures that any criminal record received by the public housing agency is—
(A) maintained confidentially;
(B) not misused or improperly disseminated; and
(C) destroyed, once the purpose for which the record was requested has been accomplished.
(5) Confidentiality
A public housing agency receiving information under this subsection may use such information only for the purposes provided in this subsection and such information may not be disclosed to any person who is not an officer, employee, or authorized representative of the agency and who has a job-related need to have access to the information in connection with admission of applicants, eviction of tenants, or termination of assistance. For judicial eviction proceedings, disclosures may be made to the extent necessary. The Secretary shall, by regulation, establish procedures necessary to ensure that information provided under this subsection to a public housing agency is used, and confidentiality of such information is maintained, as required under this subsection. The Secretary shall establish standards for confidentiality of information obtained under this subsection by public housing agencies on behalf of owners.
(6) Penalty
Any person who knowingly and willfully requests or obtains any information concerning an applicant for, or tenant of, covered housing assistance pursuant to the authority under this subsection under false pretenses, or any person who knowingly and willfully discloses any such information in any manner to any individual not entitled under any law to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. The term "person" as used in this paragraph include 11 an officer, employee, or authorized representative of any public housing agency.
(7) Civil action
Any applicant for, or tenant of, covered housing assistance affected by (A) a negligent or knowing disclosure of information referred to in this subsection about such person by an officer, employee, or authorized representative of any public housing agency, which disclosure is not authorized by this subsection, or (B) any other negligent or knowing action that is inconsistent with this subsection, may bring a civil action for damages and such other relief as may be appropriate against any public housing agency responsible for such unauthorized action. The district court of the United States in the district in which the affected applicant or tenant resides, in which such unauthorized action occurred, or in which the officer, employee, or representative alleged to be responsible for any such unauthorized action resides, shall have jurisdiction in such matters. Appropriate relief that may be ordered by such district courts shall include reasonable attorney's fees and other litigation costs.
(8) Definitions
For purposes of this subsection, the following definitions shall apply:
(A) Adult
The term "adult" means a person who is 18 years of age or older, or who has been convicted of a crime as an adult under any Federal, State, or tribal law.
(B) Covered housing assistance
The term "covered housing assistance" means—
(i) a dwelling unit in public housing;
(ii) a dwelling unit in housing that is provided project-based assistance under
(iii) tenant-based assistance under
(C) Owner
The term "owner" means, with respect to covered housing assistance described in subparagraph (B)(ii), the entity or private person (including a cooperative or public housing agency) that has the legal right to lease or sublease dwelling units in the housing assisted.
(r) Site-based waiting lists
(1) Authority
A public housing agency may establish procedures for maintaining waiting lists for admissions to public housing projects of the agency, which may include (notwithstanding any other law, regulation, handbook, or notice to the contrary) a system of site-based waiting lists under which applicants may apply directly at or otherwise designate the project or projects in which they seek to reside. All such procedures shall comply with all provisions of title VI of the Civil Rights Act of 1964 [
(2) Notice
Any system described in paragraph (1) shall provide for the full disclosure by the public housing agency to each applicant of any option available to the applicant in the selection of the project in which to reside.
(s) Authority to require access to criminal records
A public housing agency may require, as a condition of providing admission to the public housing program or assisted housing program under the jurisdiction of the public housing agency, that each adult member of the household provide a signed, written authorization for the public housing agency to obtain records described in subsection (q)(1) regarding such member of the household from the National Crime Information Center, police departments, and other law enforcement agencies.
(t) Obtaining information from drug abuse treatment facilities
(1) Authority
Notwithstanding any other provision of law other than the Public Health Service Act (
(2) Confidentiality of applicant's records
(A) Limitation on information requested
In a form of written consent, a public housing agency may request only whether the drug abuse treatment facility has reasonable cause to believe that the applicant is currently engaging in the illegal use of a controlled substance.
(B) Records management
Each public housing agency that receives information under this subsection from a drug abuse treatment facility shall establish and implement a system of records management that ensures that any information received by the public housing agency under this subsection—
(i) is maintained confidentially in accordance with section 543 of the Public Health Service Act [
(ii) is not misused or improperly disseminated; and
(iii) is destroyed, as applicable—
(I) not later than 5 business days after the date on which the public housing agency gives final approval for an application for admission; or
(II) if the public housing agency denies the application for admission, in a timely manner after the date on which the statute of limitations for the commencement of a civil action from the applicant based upon that denial of admission has expired.
(C) Expiration of written consent
In addition to the requirements of subparagraph (B), an applicant's signed written consent shall expire automatically after the public housing agency has made a final decision to either approve or deny the applicant's application for admittance to public housing.
(3) Prohibition of discriminatory treatment of applicants
(A) Forms signed
A public housing agency may only require an applicant for admission to public housing to sign one or more forms of written consent under this subsection if the public housing agency requires all such applicants to sign the same form or forms of written consent.
(B) Circumstances of inquiry
A public housing agency may only make an inquiry to a drug abuse treatment facility under this subsection if—
(i) the public housing agency makes the same inquiry with respect to all applicants; or
(ii) the public housing agency only makes the same inquiry with respect to each and every applicant with respect to whom—
(I) the public housing agency receives information from the criminal record of the applicant that indicates evidence of a prior arrest or conviction; or
(II) the public housing agency receives information from the records of prior tenancy of the applicant that demonstrates that the applicant—
(aa) engaged in the destruction of property;
(bb) engaged in violent activity against another person; or
(cc) interfered with the right of peaceful enjoyment of the premises of another tenant.
(4) Fee permitted
A drug abuse treatment facility may charge a public housing agency a reasonable fee for information provided under this subsection.
(5) Disclosure permitted by treatment facilities
A drug abuse treatment facility shall not be liable for damages based on any information required to be disclosed pursuant to this subsection if such disclosure is consistent with section 543 of the Public Health Service Act (
(6) Option to not request information
A public housing agency shall not be liable for damages based on its decision not to require each person who applies for admission to public housing to sign one or more forms of written consent authorizing the public housing agency to receive information from a drug abuse treatment facility under this subsection.
(7) Definitions
For purposes of this subsection, the following definitions shall apply:
(A) Drug abuse treatment facility
The term "drug abuse treatment facility" means an entity that—
(i) is—
(I) an identified unit within a general medical care facility; or
(II) an entity other than a general medical care facility; and
(ii) holds itself out as providing, and provides, diagnosis, treatment, or referral for treatment with respect to the illegal use of a controlled substance.
(B) Controlled substance
The term "controlled substance" has the meaning given the term in
(C) Currently engaging in the illegal use of a controlled substance
The term "currently engaging in the illegal use of a controlled substance" means the illegal use of a controlled substance that occurred recently enough to justify a reasonable belief that an applicant's illegal use of a controlled substance is current or that continuing illegal use of a controlled substance by the applicant is a real and ongoing problem.
(8) Effective date
This subsection shall take effect on October 21, 1998, and without the necessity of guidance from, or any regulation issued by, the Secretary.
(Sept. 1, 1937, ch. 896, title I, §6, as added
References in Text
The Cranston-Gonzalez National Affordable Housing Act, referred to in subsec. (b)(3)(A), is
The Housing and Community Development Act of 1974, referred to in subsec. (b)(3)(B), is
The Housing and Community Development Act of 1992, referred to in subsec. (c)(4)(F), is
Paragraph (5), referred to in the concluding provisions of subsec. (l), was redesignated as par. (6) by
The Civil Rights Act of 1964, referred to in subsec. (r)(1), is
The Fair Housing Act, referred to in subsec. (r)(1), is title VIII of
The Public Health Service Act, referred to in subsec. (t)(1), is act July 1, 1944, ch. 373,
Prior Provisions
A prior section 6 of act Sept. 1, 1937, ch. 896,
Amendments
2013—Subsec. (c)(3) to (5).
Subsec. (l)(5).
Subsec. (l)(6).
Subsec. (u).
2006—Subsec. (c)(3) to (5).
Subsec. (l)(5).
Subsec. (l)(6).
Subsec. (l)(6)(B).
Subsec. (u).
Subsec. (u)(1)(A).
Subsec. (u)(1)(B).
Subsec. (u)(3)(D)(ii).
1998—Subsec. (a).
Subsec. (b)(3), (4).
Subsec. (c)(4)(A).
Subsec. (c)(4)(E).
Subsec. (e).
Subsec. (f).
Subsec. (j)(1)(B).
Subsec. (j)(1)(D).
Subsec. (j)(1)(E).
Subsec. (j)(1)(H) to (K).
Subsec. (j)(2)(A)(i).
Subsec. (j)(2)(A)(iii).
Subsec. (j)(2)(B)(i).
Subsec. (j)(2)(C).
Subsec. (j)(3)(A)(i).
Subsec. (j)(3)(A)(iii).
Subsec. (j)(3)(A)(iv), (v).
Subsec. (j)(3)(B) to (H).
"(B) The Secretary may make available to receivers and other entities selected or appointed pursuant to this paragraph such assistance as is necessary to remedy the substantial deterioration of living conditions in individual public housing developments or other related emergencies that endanger the health, safety and welfare of the residents.
"(C) In any proceeding under subparagraph (A)(ii), upon a determination that a substantial default has occurred, and without regard to the availability of alternative remedies, the court shall appoint a receiver to conduct the affairs of the public housing agency in a manner consistent with this chapter and in accordance with such further terms and conditions as the court may provide. The court shall have power to grant appropriate temporary or preliminary relief pending final disposition of the petition by the Secretary.
"(D) The appointment of a receiver pursuant to this subsection may be terminated, upon the petition of any party, when the court determines that all defaults have been cured and the housing operated by the public housing agency will thereafter be operated in accordance with the covenants and conditions to which the public housing agency is subject."
Subsec. (j)(4), (5).
Subsec. (j)(5)(F).
Subsec. (j)(6), (7).
Subsec. (k).
Subsec. (l)(1) to (3).
Subsec. (l)(4).
Subsec. (l)(4)(A).
Subsec. (l)(4)(C).
Subsec. (l)(5), (6).
Subsec. (l)(7).
Subsec. (l)(9).
Subsec. (o).
Subsec. (p).
"(1)(A) information regarding housing market conditions showing that the supply of rental housing affordable by very low-income families is inadequate, taking into account vacancy rates in such housing and other market indicators; and
"(B) evidence that significant numbers of families in the local market area holding certificates and vouchers under
"(2) evidence that the proposed development would provide increased housing opportunities for minorities or address special housing needs."
Subsec. (q)(1)(A).
Subsec. (q)(1)(B), (C).
Subsec. (q)(3).
Subsec. (q)(5) to (8).
Subsec. (r).
Subsec. (s).
Subsec. (t).
Subsec. (u).
1996—Subsec. (b)(1).
Subsec. (c)(4)(A).
"(A) the establishment, after public notice and an opportunity for public comment, of a written system of preferences for admission to public housing, if any, that is not inconsistent with the comprehensive housing affordability strategy under title I of the Cranston-Gonzalez National Affordable Housing Act;" for
"(A) except for projects or portions of projects designated for occupancy pursuant to
"(i) for not less than 50 percent of the units that are made available for occupancy in a given fiscal year, give preference to families that occupy substandard housing (including families that are homeless or living in a shelter for homeless families), are paying more than 50 percent of family income for rent, or are involuntarily displaced (including displacement because of disposition of a multifamily housing project under
"(ii) for any remaining units to be made available for occupancy, give preference in accordance with a system of preferences established by the public housing agency in writing and after public hearing to respond to local housing needs and priorities, which may include (I) assisting very low-income families who either reside in transitional housing assisted under title IV of the Stewart B. McKinney Homeless Assistance Act, or participate in a program designed to provide public assistance recipients with greater access to employment and educational opportunities; (II) assisting families in accordance with subsection (u)(2); (III) assisting families identified by local public agencies involved in providing for the welfare of children as having a lack of adequate housing that is a primary factor in the imminent placement of a child in foster care, or in preventing the discharge of a child from foster care and reunification with his or her family; (IV) assisting youth, upon discharge from foster care, in cases in which return to the family or extended family or adoption is not available; (V) assisting families that include one or more adult members who are employed; and (VI) achieving other objectives of national housing policy as affirmed by Congress; subclause (V) shall be effective only during fiscal year 1995;
"(iii) prohibit any individual or family evicted from housing assisted under the chapter by reason of drug-related criminal activity from having a preference under any provision of this subparagraph for 3 years unless the evicted tenant successfully completes a rehabilitation program approved by the agency, except that the agency may waive the application of this clause under standards established by the Secretary (which shall include waiver for any member of a family of an individual prohibited from tenancy under this clause who the agency determines clearly did not participate in and had no knowledge of such criminal activity or when circumstances leading to eviction no longer exist); and
"(iv) are designed to ensure that, to the maximum extent feasible, the projects of an agency will include families with a broad range of incomes and will avoid concentrations of low-income and deprived families with serious social problems."
See Effective and Termination Dates of 1996 Amendments note below.
Subsec. (k).
Subsec. (l)(5).
Subsec. (l)(7).
Subsec. (o).
Subsec. (q).
Subsec. (r).
1994—Subsec. (c)(4)(A)(i).
Subsec. (c)(4)(A)(ii).
Subsec. (c)(4)(E).
1992—Subsec. (a).
Subsec. (c)(4)(A).
Subsec. (c)(4)(A)(i).
Subsec. (c)(4)(F).
Subsec. (j)(1).
Subsec. (j)(2)(B).
Subsec. (j)(2)(C).
Subsec. (j)(2)(D).
Subsec. (j)(3)(A).
Subsec. (j)(3)(A)(i).
Subsec. (j)(3)(A)(iii), (iv).
Subsec. (j)(3)(B) to (D).
Subsec. (j)(4)(E).
1991—Subsec. (j)(1)(H), (I).
Subsec. (p).
1990—Subsec. (c)(4)(A).
Subsec. (c)(4)(D).
Subsec. (c)(4)(E).
Subsecs. (d), (e).
Subsec. (j).
Subsec. (k).
Subsec. (l)(5).
Subsec. (l)(6).
Subsecs. (n), (o).
1989—Subsec. (b).
1988—Subsec. (a).
Subsec. (c).
Subsec. (c)(4)(A).
Subsec. (d).
Subsec. (g).
Subsec. (h).
Subsec. (k)(4), (5).
Subsec. (l).
1985—Subsec. (b).
1984—Subsec. (a).
Subsec. (j).
Subsec. (m).
1983—Subsec. (c)(4)(A).
Subsec. (f).
Subsecs. (h) to (j).
Subsecs. (k), (l).
Subsec. (m).
1981—Subsec. (a).
Subsec. (c).
Subsecs. (d), (e).
1980—Subsec. (b).
Subsec. (c)(4)(A).
Subsec. (f).
1979—Subsec. (c)(4)(A).
Effective Date of 1998 Amendment
Amendment by title V of
Amendment by section 511 of
Amendment by section 514(a)(1), (2)(A) of
Effective and Termination Dates of 1996 Amendments
Amendment by
"(a)
"(b)
Amendment by
Effective Date of 1992 Amendment
Amendment by subtitles B through F of title VI [§§621–685] of
Effective Date of 1981 Amendment
Amendment by
Implementation
Regulations
For provisions requiring Secretary of Housing and Urban Development to issue regulations necessary to implement amendment to this section by section 101(c) of
Construction
"(A) to limit the rights or remedies available to any person under section 6 or 8 of the United States Housing Act of 1937 (
"(B) to limit any right, remedy, or procedure otherwise available under any provision of part 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, 966, 982, or 983 of title 24, Code of Federal Regulations, that—
"(i) was issued under the Violence Against Women and Department of Justice Reauthorization Act of 2005 (
"(ii) provides greater protection for victims of domestic violence, dating violence, sexual assault, and stalking than this Act; or
"(C) to disqualify an owner, manager, or other individual from participating in or receiving the benefits of the low income housing tax credit program under section 42 of the Internal Revenue Code of 1986 [
Shared Waiting Lists
Study of Alternative Methods for Evaluating Public Housing Agencies
"(a)
"(b)
"(1) to identify and examine various methods of evaluating and improving the performance of public housing agencies in administering public housing and tenant-based rental assistance programs and of other providers of federally assisted housing, which are alternatives to oversight by the Department of Housing and Urban Development; and
"(2) to identify specific monitoring and oversight activities currently conducted by the Department of Housing and Urban Development and to evaluate whether such activities should be eliminated, expanded, modified, or transferred to other entities (including governmental and private entities) to increase accuracy and effectiveness and improve monitoring.
"(c)
"(1)
"(2)
"(A) The study shall identify and analyze various models used in other industries and professions for accreditation and determine the extent of their applicability to the programs for public housing and federally assisted housing.
"(B) If any accreditation models are determined to be applicable to the public and federally assisted housing programs, the study shall identify appropriate goals, objectives, and procedures for an accreditation program for such agencies and housing providers.
"(C) The study shall evaluate the feasibility and merit of establishing an independent accreditation and evaluation entity to assist, supplement, or replace the role of the Department of Housing and Urban Development in assessing and monitoring the performance of such agencies and housing providers.
"(D) The study shall identify the necessary and appropriate roles and responsibilities of various entities that would be involved in an accreditation program, including the Department of Housing and Urban Development, the Inspector General of the Department, an accreditation entity, independent auditors and examiners, local entities, and public housing agencies.
"(E) The study shall estimate the costs involved in developing and maintaining such an independent accreditation program.
"(3)
"(4)
"(5)
"(6)
"(d)
"(e)
"(1)
"(2)
"(f)
"(1)
"(2)
"(A) not later than the expiration of the 12-month period beginning on the date of the execution of the contract under subsection (e)(1), the study required under this section is completed and a report describing the findings and recommendations as a result of the study is submitted to the Congress; and
"(B) before submitting the report under this paragraph to the Congress, the report is submitted to the Secretary, national organizations for public housing agencies, and other appropriate national organizations at such time to provide the Secretary and such agencies an opportunity to review the report and provide written comments on the report, which shall be included together with the report upon submission to the Congress under subparagraph (A).
"(g)
References in Other Laws to Preferences for Assistance
Inapplicability of Certain 1992 Amendments to Indian Public Housing
Amendment by sections 622(b) and 625(a)(2) of
Report on Training and Certification Standards
Applicability
Report on Impact of Public Housing Lease and Grievance Regulation on Ability of Public Housing Agencies To Take Action Against Tenants Engaging in Drug Crimes
Indian Housing
Study of Payments in Lieu of Taxes; Report to Congress
1 So in original. Probably should be "is".
2 Another subpar. (I) is set out after subpar. (K).
3 Another subpar. (I) is set out before subpar. (J).
4 See References in Text note below.
5 So in original. The word "and" probably should not appear.
6 So in original. The word "this" probably should not appear.
7 So in original. Probably should be "(8)".
8 So in original. Probably should be followed by "and".
9 So in original. Probably should be "(B)".
11 So in original. Probably should be "includes".
§1437e. Designated housing for elderly and disabled families
(a) Authority to provide designated housing
(1) In general
Subject only to provisions of this section and notwithstanding any other provision of law, a public housing agency for which a plan under subsection (d) is in effect may provide public housing projects (or portions of projects) designated for occupancy by (A) only elderly families, (B) only disabled families, 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.
(3) Eligibility of near-elderly families
If a public housing agency determines 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 provide that near-elderly families may occupy dwelling units in the project (or portion).
(b) Standards regarding evictions
Except as provided in section 1437n(e)(1)(B) 1 of this title, any tenant who is lawfully residing in a dwelling unit in a public housing project may not be evicted or otherwise required to vacate such unit because of the designation of the project (or portion of a project) pursuant to this section or because of any action taken by the Secretary or any public housing agency pursuant to this section.
(c) Relocation assistance
A public housing agency that designates any existing project or building, or portion thereof, for occupancy as provided under subsection (a)(1) shall provide, to each person and family who agrees to be relocated in connection with such designation—
(1) notice of the designation and an explanation of available relocation benefits, as soon as is practicable for the agency and the person or family;
(2) access to comparable housing (including appropriate services and design features), which may include tenant-based rental assistance under
(3) payment of actual, reasonable moving expenses.
(d) Required plan
A plan under this subsection for designating a project (or portion of a project) for occupancy under subsection (a)(1) is a plan, prepared by the public housing agency for the project and submitted to the Secretary, that—
(1) establishes that the designation of the project is necessary—
(A) to achieve the housing goals for the jurisdiction under the comprehensive housing affordability strategy under
(B) to meet the housing needs of the low-income population of the jurisdiction; and
(2) includes a description of—
(A) the project (or portion of a project) to be designated;
(B) the types of tenants for which the project is to be designated;
(C) any supportive services to be provided to tenants of the designated project (or portion);
(D) how the design and related facilities (as such term is defined in section 1701q(d)(8) 1 of title 12) of the project accommodate the special environmental needs of the intended occupants; and
(E) any plans to secure additional resources or housing assistance to provide assistance to families that may have been housed if occupancy in the project were not restricted pursuant to this section.
For purposes of this subsection, the term "supportive services" means services designed to meet the special needs of residents.
(e) Review of plans
(1) Review and notification
The Secretary shall conduct a limited review of each plan under subsection (d) that is submitted to the Secretary to ensure that the plan is complete and complies with the requirements of subsection (d). The Secretary shall notify each public housing agency submitting a plan whether the plan complies with such requirements not later than 60 days after receiving the plan. If the Secretary does not notify the public housing agency, as required under this paragraph or paragraph (2), the plan shall be considered, for purposes of this section, to comply with the requirements under subsection (d) and the Secretary shall be considered to have notified the agency of such compliance upon the expiration of such 60-day period.
(2) Notice of reasons for determination of noncompliance
If the Secretary determines that a plan, as submitted, does not comply with the requirements under subsection (d), the Secretary shall specify in the notice under paragraph (1) the reasons for the noncompliance and any modifications necessary for the plan to meet such requirements.
(3) Standards for determination of noncompliance
The Secretary may determine that a plan does not comply with the requirements under subsection (d) only if—
(A) the plan is incomplete in significant matters required under such subsection; or
(B) there is evidence available to the Secretary that challenges, in a substantial manner, any information provided in the plan.
(4) Treatment of existing plans
Notwithstanding any other provision of this section, a public housing agency shall be considered to have submitted a plan under this subsection if the agency has submitted to the Secretary an application and allocation plan under this section (as in effect before March 28, 1996) that have not been approved or disapproved before March 28, 1996.
(f) Effectiveness
(1) 5-year effectiveness of original plan
A plan under subsection (d) shall be in effect for purposes of this section during the 5-year period that begins upon notification under subsection (e)(1) of the public housing agency that the plan complies with the requirements under subsection (d).
(2) Renewal of plan
Upon the expiration of the 5-year period under paragraph (1) or any 2-year period under this paragraph, an agency may extend the effectiveness of the designation and plan for an additional 2-year period (that begins upon such expiration) by submitting to the Secretary any information needed to update the plan. The Secretary may not limit the number of times a public housing agency extends the effectiveness of a designation and plan under this paragraph.
(3) Transition provision
Any application and allocation plan approved under this section (as in effect before March 28, 1996) before March 28, 1996, shall be considered to be a plan under subsection (d) that is in effect for purposes of this section for the 5-year period beginning upon such approval.
(g) Inapplicability of Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970
No tenant of a public housing project shall be considered to be displaced for purposes of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970 [
(Sept. 1, 1937, ch. 896, title I, §7, as added
References in Text
The Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, referred to in subsec. (g), probably means the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970,
Prior Provisions
A prior section 7 of act Sept. 1, 1937, ch. 896,
Amendments
1998—Subsec. (h).
1996—
Subsec. (a)(2).
1992—
1988—
1978—
Effective and Termination Dates of 1996 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1992 Amendment
Amendment by subtitles B through F of title VI [§§621–685] of
Inapplicability of Certain 1992 Amendments to Indian Public Housing
Amendment by
1 See References in Text note below.
§1437f. Low-income housing assistance
(a) Authorization for assistance payments
For the purpose of aiding low-income families in obtaining a decent place to live and of promoting economically mixed housing, assistance payments may be made with respect to existing housing in accordance with the provisions of this section.
(b) Other existing housing programs
(1)
(2) The Secretary is authorized to enter into annual contributions contracts with public housing agencies for the purpose of replacing public housing transferred in accordance with subchapter II–A of this chapter. Each contract entered into under this subsection shall be for a term of not more than 60 months.
(c) Contents and purposes of contracts for assistance payments; amount and scope of monthly assistance payments
(1)(A) An assistance contract entered into pursuant to this section shall establish the maximum monthly rent (including utilities and all maintenance and management charges) which the owner is entitled to receive for each dwelling unit with respect to which such assistance payments are to be made. The maximum monthly rent shall not exceed by more than 10 per centum the fair market rental established by the Secretary periodically but not less than annually for existing or newly constructed rental dwelling units of various sizes and types in the market area suitable for occupancy by persons assisted under this section, except that the maximum monthly rent may exceed the fair market rental (A) by more than 10 but not more than 20 per centum where the Secretary determines that special circumstances warrant such higher maximum rent or that such higher rent is necessary to the implementation of a housing strategy as defined in
(B) Fair market rentals for an area shall be published not less than annually by the Secretary on the site of the Department on the World Wide Web and in any other manner specified by the Secretary. Notice that such fair market rentals are being published shall be published in the Federal Register, and such fair market rentals shall become effective no earlier than 30 days after the date of such publication. The Secretary shall establish a procedure for public housing agencies and other interested parties to comment on such fair market rentals and to request, within a time specified by the Secretary, reevaluation of the fair market rentals in a jurisdiction before such rentals become effective. The Secretary shall cause to be published for comment in the Federal Register notices of proposed material changes in the methodology for estimating fair market rentals and notices specifying the final decisions regarding such proposed substantial methodological changes and responses to public comments.
(2)(A) The assistance contract shall provide for adjustment annually or more frequently in the maximum monthly rents for units covered by the contract to reflect changes in the fair market rentals established in the housing area for similar types and sizes of dwelling units or, if the Secretary determines, on the basis of a reasonable formula. However, where the maximum monthly rent, for a unit in a new construction, substantial rehabilitation, or moderate rehabilitation project, to be adjusted using an annual adjustment factor exceeds the fair market rental for an existing dwelling unit in the market area, the Secretary shall adjust the rent only to the extent that the owner demonstrates that the adjusted rent would not exceed the rent for an unassisted unit of similar quality, type, and age in the same market area, as determined by the Secretary. The immediately foregoing sentence shall be effective only during fiscal year 1995, fiscal year 1996 prior to April 26, 1996, and fiscal years 1997 and 1998, and during fiscal year 1999 and thereafter. Except for assistance under the certificate program, for any unit occupied by the same family at the time of the last annual rental adjustment, where the assistance contract provides for the adjustment of the maximum monthly rent by applying an annual adjustment factor and where the rent for a unit is otherwise eligible for an adjustment based on the full amount of the factor, 0.01 shall be subtracted from the amount of the factor, except that the factor shall not be reduced to less than 1.0. In the case of assistance under the certificate program, 0.01 shall be subtracted from the amount of the annual adjustment factor (except that the factor shall not be reduced to less than 1.0), and the adjusted rent shall not exceed the rent for a comparable unassisted unit of similar quality, type, and age in the market area. The immediately foregoing two sentences shall be effective only during fiscal year 1995, fiscal year 1996 prior to April 26, 1996, and fiscal years 1997 and 1998, and during fiscal year 1999 and thereafter. In establishing annual adjustment factors for units in new construction and substantial rehabilitation projects, the Secretary shall take into account the fact that debt service is a fixed expense. The immediately foregoing sentence shall be effective only during fiscal year 1998.
(B) The contract shall further provide for the Secretary to make additional adjustments in the maximum monthly rent for units under contract to the extent he determines such adjustments are necessary to reflect increases in the actual and necessary expenses of owning and maintaining the units which have resulted from substantial general increases in real property taxes, utility rates, or similar costs which are not adequately compensated for by the adjustment in the maximum monthly rent authorized by subparagraph (A). The Secretary shall make additional adjustments in the maximum monthly rent for units under contract (subject to the availability of appropriations for contract amendments) to the extent the Secretary determines such adjustments are necessary to reflect increases in the actual and necessary expenses of owning and maintaining the units that have resulted from the expiration of a real property tax exemption. Where the Secretary determines that a project assisted under this section is located in a community where drug-related criminal activity is generally prevalent and the project's operating, maintenance, and capital repair expenses have been substantially increased primarily as a result of the prevalence of such drug-related activity, the Secretary may (at the discretion of the Secretary and subject to the availability of appropriations for contract amendments for this purpose), on a project by project basis, provide adjustments to the maximum monthly rents, to a level no greater than 120 percent of the project rents, to cover the costs of maintenance, security, capital repairs, and reserves required for the owner to carry out a strategy acceptable to the Secretary for addressing the problem of drug-related criminal activity. Any rent comparability standard required under this paragraph may be waived by the Secretary to so implement the preceding sentence. The Secretary may (at the discretion of the Secretary and subject to the availability of appropriations for contract amendments), on a project by project basis for projects receiving project-based assistance, provide adjustments to the maximum monthly rents to cover the costs of evaluating and reducing lead-based paint hazards, as defined in
(C) Adjustments in the maximum rents under subparagraphs (A) and (B) shall not result in material differences between the rents charged for assisted units and unassisted units of similar quality, type, and age in the same market area, as determined by the Secretary. In implementing the limitation established under the preceding sentence, the Secretary shall establish regulations for conducting comparability studies for projects where the Secretary has reason to believe that the application of the formula adjustments under subparagraph (A) would result in such material differences. The Secretary shall conduct such studies upon the request of any owner of any project, or as the Secretary determines to be appropriate by establishing, to the extent practicable, a modified annual adjustment factor for such market area, as the Secretary shall designate, that is geographically smaller than the applicable housing area used for the establishment of the annual adjustment factor under subparagraph (A). The Secretary shall establish such modified annual adjustment factor on the basis of the results of a study conducted by the Secretary of the rents charged, and any change in such rents over the previous year, for assisted units and unassisted units of similar quality, type, and age in the smaller market area. Where the Secretary determines that such modified annual adjustment factor cannot be established or that such factor when applied to a particular project would result in material differences between the rents charged for assisted units and unassisted units of similar quality, type, and age in the same market area, the Secretary may apply an alternative methodology for conducting comparability studies in order to establish rents that are not materially different from rents charged for comparable unassisted units. If the Secretary or appropriate State agency does not complete and submit to the project owner a comparability study not later than 60 days before the anniversary date of the assistance contract under this section, the automatic annual adjustment factor shall be applied. The Secretary may not reduce the contract rents in effect on or after April 15, 1987, for newly constructed, substantially rehabilitated, or moderately rehabilitated projects assisted under this section (including projects assisted under this section as in effect prior to November 30, 1983), unless the project has been refinanced in a manner that reduces the periodic payments of the owner. Any maximum monthly rent that has been reduced by the Secretary after April 14, 1987, and prior to November 7, 1988, shall be restored to the maximum monthly rent in effect on April 15, 1987. For any project which has had its maximum monthly rents reduced after April 14, 1987, the Secretary shall make assistance payments (from amounts reserved for the original contract) to the owner of such project in an amount equal to the difference between the maximum monthly rents in effect on April 15, 1987, and the reduced maximum monthly rents, multiplied by the number of months that the reduced maximum monthly rents were in effect.
(3) The amount of the monthly assistance payment with respect to any dwelling unit shall be the difference between the maximum monthly rent which the contract provides that the owner is to receive for the unit and the rent the family is required to pay under
(4) The assistance contract shall provide that assistance payments may be made only with respect to a dwelling unit under lease for occupancy by a family determined to be a lower income family at the time it initially occupied such dwelling unit, except that such payments may be made with respect to unoccupied units for a period not exceeding sixty days (A) in the event that a family vacates a dwelling unit before the expiration date of the lease for occupancy or (B) where a good faith effort is being made to fill an unoccupied unit, and, subject to the provisions of the following sentence, such payments may be made, in the case of a newly constructed or substantially rehabilitated project, after such sixty-day period in an amount equal to the debt service attributable to such an unoccupied dwelling unit for a period not to exceed one year, if a good faith effort is being made to fill the unit and the unit provides decent, safe, and sanitary housing. No such payment may be made after such sixty-day period if the Secretary determines that the dwelling unit is in a project which provides the owner with revenues exceeding the costs incurred by such owner with respect to such project.
(5) The Secretary shall take such steps as may be necessary, including the making of contracts for assistance payments in amounts in excess of the amounts required at the time of the initial renting of dwelling units, the reservation of annual contributions authority for the purpose of amending housing assistance contracts, or the allocation of a portion of new authorizations for the purpose of amending housing assistance contracts, to assure that assistance payments are increased on a timely basis to cover increases in maximum monthly rents or decreases in family incomes.
(6) Redesignated (5).
(7) Repealed.
(8)(A) Not less than one year before termination of any contract under which assistance payments are received under this section, other than a contract for tenant-based assistance under this section, an owner shall provide written notice to the Secretary and the tenants involved of the proposed termination. The notice shall also include a statement that, if the Congress makes funds available, the owner and the Secretary may agree to a renewal of the contract, thus avoiding termination, and that in the event of termination the Department of Housing and Urban Development will provide tenant-based rental assistance to all eligible residents, enabling them to choose the place they wish to rent, which is likely to include the dwelling unit in which they currently reside. Any contract covered by this paragraph that is renewed may be renewed for a period of up to 1 year or any number or years, with payments subject to the availability of appropriations for any year.
(B) In the event the owner does not provide the notice required, the owner may not evict the tenants or increase the tenants' rent payment until such time as the owner has provided the notice and 1 year has elapsed. The Secretary may allow the owner to renew the terminating contract for a period of time sufficient to give tenants 1 year of advance notice under such terms and conditions as the Secretary may require.
(C) Any notice under this paragraph shall also comply with any additional requirements established by the Secretary.
(D) For purposes of this paragraph, the term "termination" means the expiration of the assistance contract or an owner's refusal to renew the assistance contract, and such term shall include termination of the contract for business reasons.
(d) Required provisions and duration of contracts for assistance payments; waiver of limitation
(1) Contracts to make assistance payments entered into by a public housing agency with an owner of existing housing units shall provide (with respect to any unit) that—
(A) the selection of tenants shall be the function of the owner, subject to the annual contributions contract between the Secretary and the agency, except that with respect to the certificate and moderate rehabilitation programs only, for the purpose of selecting families to be assisted, the public housing agency may establish local preferences, consistent with the public housing agency plan submitted under
(B)(i) the lease between the tenant and the owner shall be for at least one year or the term of such contract, whichever is shorter, and shall contain other terms and conditions specified by the Secretary;
(ii) during the term of the lease, the owner shall not terminate the tenancy except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause;
(iii) during the term of the lease, any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants, any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises, or any drug-related criminal activity on or near such premises, engaged in by a tenant of any unit, any member of the tenant's household, or any guest or other person under the tenant's control, shall be cause for termination of tenancy;
(iv) any termination of tenancy shall be preceded by the owner's provision of written notice to the tenant specifying the grounds for such action; and
(v) it shall be cause for termination of the tenancy of a tenant if such tenant—
(I) is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; or
(II) is violating a condition of probation or parole imposed under Federal or State law;
(C) maintenance and replacement (including redecoration) shall be in accordance with the standard practice for the building concerned as established by the owner and agreed to by the agency; and
(D) the agency and the owner shall carry out such other appropriate terms and conditions as may be mutually agreed to by them.
(2)(A) Each contract for an existing structure entered into under this section shall be for a term of not less than one month nor more than one hundred and eighty months. The Secretary shall permit public housing agencies to enter into contracts for assistance payments of less than 12 months duration in order to avoid disruption in assistance to eligible families if the annual contributions contract is within 1 year of its expiration date.
(B)(i) In determining the amount of assistance provided under an assistance contract for project-based assistance under this paragraph or a contract for assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under subsection (b)(2) of this section (as such subsection existed immediately before October 1, 1983), the Secretary may consider and annually adjust, with respect to such project, for the cost of employing or otherwise retaining the services of one or more service coordinators under section 661 1 of the Housing and Community Development Act of 1992 [
(ii) The budget authority available under
(C) An assistance contract for project-based assistance under this paragraph shall provide that the owner shall ensure and maintain compliance with subtitle C of title VI of the Housing and Community Development Act of 1992 [
(D) An owner of a covered section 8 [
(3) Notwithstanding any other provision of law, with the approval of the Secretary the public housing agency administering a contract under this section with respect to existing housing units may exercise all management and maintenance responsibilities with respect to those units pursuant to a contract between such agency and the owner of such units.
(4) A public housing agency that serves more than one unit of general local government may, at the discretion of the agency, in allocating assistance under this section, give priority to disabled families that are not elderly families.
(5)
(6)
(e) Restrictions on contracts for assistance payments
(1) Nothing in this chapter shall be deemed to prohibit an owner from pledging, or offering as security for any loan or obligation, a contract for assistance payments entered into pursuant to this section: Provided, That such security is in connection with a project constructed or rehabilitated pursuant to authority granted in this section, and the terms of the financing or any refinancing have been approved by the Secretary.
(2) Repealed.
(f) Definitions
As used in this section—
(1) the term "owner" means any private person or entity, including a cooperative, an agency of the Federal Government, or a public housing agency, having the legal right to lease or sublease dwelling units;
(2) the terms "rent" or "rental" mean, with respect to members of a cooperative, the charges under the occupancy agreements between such members and the cooperative;
(3) the term "debt service" means the required payments for principal and interest made with respect to a mortgage secured by housing assisted under this chapter;
(4) the term "participating jurisdiction" means a State or unit of general local government designated by the Secretary to be a participating jurisdiction under title II of the Cranston-Gonzalez National Affordable Housing Act [
(5) the term "drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in
(6) the term "project-based assistance" means rental assistance under subsection (b) that is attached to the structure pursuant to subsection (d)(2) or (o)(13); and
(7) the term "tenant-based assistance" means rental assistance under subsection (o) that is not project-based assistance and that provides for the eligible family to select suitable housing and to move to other suitable housing.
(g) Regulations applicable for implementation of assistance payments
Notwithstanding any other provision of this chapter, assistance payments under this section may be provided, in accordance with regulations prescribed by the Secretary, with respect to some or all of the units in any project approved pursuant to
(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
The Secretary may not consider the receipt by a public housing agency of assistance under section 811(b)(1) of the Cranston-Gonzalez National Affordable Housing Act [
(j) Repealed. Pub. L. 105–276, title V, §550(a)(6), Oct. 21, 1998, 112 Stat. 2609
(k) Verification of income
The Secretary shall establish procedures which are appropriate and necessary to assure that income data provided to public housing agencies and owners by families applying for or receiving assistance under this section is complete and accurate. In establishing such procedures, the Secretary shall randomly, regularly, and periodically select a sample of families to authorize the Secretary to obtain information on these families for the purpose of income verification, or to allow those families to provide such information themselves. Such information may include, but is not limited to, data concerning unemployment compensation and Federal income taxation and data relating to benefits made available under the Social Security Act [
(l), (m) Repealed. Pub. L. 98–181, title I [title II, §209(a)(5)], Nov. 30, 1983, 97 Stat. 1183
(n) Repealed. Pub. L. 105–276, title V, §550(a)(7), Oct. 21, 1998, 112 Stat. 2609
(o) Voucher program
(1) Authority
(A) In general
The Secretary may provide assistance to public housing agencies for tenant-based assistance using a payment standard established in accordance with subparagraph (B). The payment standard shall be used to determine the monthly assistance that may be paid for any family, as provided in paragraph (2).
(B) Establishment of payment standard
Except as provided under subparagraph (D), the payment standard for each size of dwelling unit in a market area shall not exceed 110 percent of the fair market rental established under subsection (c) for the same size of dwelling unit in the same market area and shall be not less than 90 percent of that fair market rental, except that no public housing agency shall be required as a result of a reduction in the fair market rental to reduce the payment standard applied to a family continuing to reside in a unit for which the family was receiving assistance under this section at the time the fair market rental was reduced. The Secretary shall allow public housing agencies to request exception payment standards within fair market rental areas subject to criteria and procedures established by the Secretary.
(C) Set-aside
The Secretary may set aside not more than 5 percent of the budget authority made available for assistance under this subsection as an adjustment pool. The Secretary shall use amounts in the adjustment pool to make adjusted payments to public housing agencies under subparagraph (A), to ensure continued affordability, if the Secretary determines that additional assistance for such purpose is necessary, based on documentation submitted by a public housing agency.
(D) Approval
The Secretary may require a public housing agency to submit the payment standard of the public housing agency to the Secretary for approval, if the payment standard is less than 90 percent of the fair market rental or exceeds 110 percent of the fair market rental, except that a public housing agency may establish a payment standard of not more than 120 percent of the fair market rent where necessary as a reasonable accommodation for a person with a disability, without approval of the Secretary. A public housing agency may use a payment standard that is greater than 120 percent of the fair market rent as a reasonable accommodation for a person with a disability, but only with the approval of the Secretary. In connection with the use of any increased payment standard established or approved pursuant to either of the preceding two sentences as a reasonable accommodation for a person with a disability, the Secretary may not establish additional requirements regarding the amount of adjusted income paid by such person for rent.
(E) Review
The Secretary—
(i) shall monitor rent burdens and review any payment standard that results in a significant percentage of the families occupying units of any size paying more than 30 percent of adjusted income for rent; and
(ii) may require a public housing agency to modify the payment standard of the public housing agency based on the results of that review.
(2) Amount of monthly assistance payment
Subject to the requirement under
(A) Tenant-based assistance; rent not exceeding payment standard
For a family receiving tenant-based assistance, if the rent for the family (including the amount allowed for tenant-paid utilities) does not exceed the applicable payment standard established under paragraph (1), the monthly assistance payment for the family shall be equal to the amount by which the rent (including the amount allowed for tenant-paid utilities) exceeds the greatest of the following amounts, rounded to the nearest dollar:
(i) 30 percent of the monthly adjusted income of the family.
(ii) 10 percent of the monthly income of the family.
(iii) If the family is receiving payments for welfare assistance from a public agency and a part of those payments, adjusted in accordance with the actual housing costs of the family, is specifically designated by that agency to meet the housing costs of the family, the portion of those payments that is so designated.
(B) Tenant-based assistance; rent exceeding payment standard
For a family receiving tenant-based assistance, if the rent for the family (including the amount allowed for tenant-paid utilities) exceeds the applicable payment standard established under paragraph (1), the monthly assistance payment for the family shall be equal to the amount by which the applicable payment standard exceeds the greatest of amounts under clauses (i), (ii), and (iii) of subparagraph (A).
(C) Families receiving project-based assistance
For a family receiving project-based assistance, the rent that the family is required to pay shall be determined in accordance with
(D) Utility allowance
(i) General
In determining the monthly assistance payment for a family under subparagraphs (A) and (B), the amount allowed for tenant-paid utilities shall not exceed the appropriate utility allowance for the family unit size as determined by the public housing agency regardless of the size of the dwelling unit leased by the family.
(ii) Exception for families in including persons with disabilities
Notwithstanding subparagraph (A), upon request by a family that includes a person with disabilities, the public housing agency shall approve a utility allowance that is higher than the applicable amount on the utility allowance schedule if a higher utility allowance is needed as a reasonable accommodation to make the program accessible to and usable by the family member with a disability.
(3) 40 percent limit
At the time a family initially receives tenant-based assistance under this section with respect to any dwelling unit, the total amount that a family may be required to pay for rent may not exceed 40 percent of the monthly adjusted income of the family.
(4) Eligible families
To be eligible to receive assistance under this subsection, a family shall, at the time a family initially receives assistance under this subsection, be a low-income family that is—
(A) a very low-income family;
(B) a family previously assisted under this subchapter;
(C) a low-income family that meets eligibility criteria specified by the public housing agency;
(D) a family that qualifies to receive a voucher in connection with a homeownership program approved under title IV of the Cranston-Gonzalez National Affordable Housing Act; or
(E) a family that qualifies to receive a voucher under section 223 or 226 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 [
(5) Reviews of family income
(A) In general
Reviews of family incomes for purposes of this section shall be subject to paragraphs (1), (6), and (7) of
(B) Procedures
Each public housing agency administering assistance under this subsection shall establish procedures that are appropriate and necessary to ensure that income data provided to the agency and owners by families applying for or receiving assistance from the agency is complete and accurate.
(6) Selection of families and disapproval of owners
(A) Preferences
(i) Authority to establish
Each public housing agency may establish a system for making tenant-based assistance under this subsection available on behalf of eligible families that provides preference for such assistance to eligible families having certain characteristics, which may include a preference for families residing in public housing who are victims of a crime of violence (as such term is defined in
(ii) Content
Each system of preferences established pursuant to this subparagraph shall be based upon local housing needs and priorities, as determined by the public housing agency using generally accepted data sources, including any information obtained pursuant to an opportunity for public comment as provided under
(B) Selection of tenants
Each housing assistance payment contract entered into by the public housing agency and the owner of a dwelling unit) 2 shall provide that the screening and selection of families for those units shall be the function of the owner. In addition, the public housing agency may elect to screen applicants for the program in accordance with such requirements as the Secretary may establish. That an applicant or participant is or has been a victim of domestic violence, dating violence, or stalking is not an appropriate basis for denial of program assistance or for denial of admission if the applicant otherwise qualifies for assistance or admission.
(C) PHA disapproval of owners
In addition to other grounds authorized by the Secretary, a public housing agency may elect not to enter into a housing assistance payments contract under this subsection with an owner who refuses, or has a history of refusing, to take action to terminate tenancy for activity engaged in by the tenant, any member of the tenant's household, any guest, or any other person under the control of any member of the household that—
(i) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the public housing agency, owner, or other manager of the housing;
(ii) threatens the health or safety of, or right to peaceful enjoyment of the residences by, persons residing in the immediate vicinity of the premises; or
(iii) is drug-related or violent criminal activity.
(7) Leases and tenancy
Each housing assistance payment contract entered into by the public housing agency and the owner of a dwelling unit—
(A) shall provide that the lease between the tenant and the owner shall be for a term of not less than 1 year, except that the public housing agency may approve a shorter term for an initial lease between the tenant and the dwelling unit owner if the public housing agency determines that such shorter term would improve housing opportunities for the tenant and if such shorter term is considered to be a prevailing local market practice;
(B) shall provide that the dwelling unit owner shall offer leases to tenants assisted under this subsection that—
(i) are in a standard form used in the locality by the dwelling unit owner; and
(ii) contain terms and conditions that—
(I) are consistent with State and local law; and
(II) apply generally to tenants in the property who are not assisted under this section;
(C) shall provide that during the term of the lease, the owner shall not terminate the tenancy except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause, and in the case of an owner who is an immediate successor in interest pursuant to foreclosure during the term of the lease vacating the property prior to sale shall not constitute other good cause, except that the owner may terminate the tenancy effective on the date of transfer of the unit to the owner if the owner—
(i) will occupy the unit as a primary residence; and
(ii) has provided the tenant a notice to vacate at least 90 days before the effective date of such notice.; 3
(D) shall provide that during the term of the lease, any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants, any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises, or any violent or drug-related criminal activity on or near such premises, engaged in by a tenant of any unit, any member of the tenant's household, or any guest or other person under the tenant's control, shall be cause for termination of tenancy;
(E) shall provide that any termination of tenancy under this subsection shall be preceded by the provision of written notice by the owner to the tenant specifying the grounds for that action, and any relief shall be consistent with applicable State and local law; and
(F) may include any addenda required by the Secretary to set forth the provisions of this subsection. In the case of any foreclosure on any federally-related mortgage loan (as that term is defined in
(8) Inspection of units by PHAs
(A) Initial inspection
(i) In general
For each dwelling unit for which a housing assistance payment contract is established under this subsection, the public housing agency (or other entity pursuant to paragraph (11)) shall inspect the unit before any assistance payment is made to determine whether the dwelling unit meets the housing quality standards under subparagraph (B), except as provided in clause (ii) or (iii) of this subparagraph.
(ii) Correction of non-life-threatening conditions
In the case of any dwelling unit that is determined, pursuant to an inspection under clause (i), not to meet the housing quality standards under subparagraph (B), assistance payments may be made for the unit notwithstanding subparagraph (C) if failure to meet such standards is a result only of non-life-threatening conditions, as such conditions are established by the Secretary. A public housing agency making assistance payments pursuant to this clause for a dwelling unit shall, 30 days after the beginning of the period for which such payments are made, withhold any assistance payments for the unit if any deficiency resulting in noncompliance with the housing quality standards has not been corrected by such time. The public housing agency shall recommence assistance payments when such deficiency has been corrected, and may use any payments withheld to make assistance payments relating to the period during which payments were withheld.
(iii) Use of alternative inspection method for interim period
In the case of any property that within the previous 24 months has met the requirements of an inspection that qualifies as an alternative inspection method pursuant to subparagraph (E), a public housing agency may authorize occupancy before the inspection under clause (i) has been completed, and may make assistance payments retroactive to the beginning of the lease term after the unit has been determined pursuant to an inspection under clause (i) to meet the housing quality standards under subparagraph (B). This clause may not be construed to exempt any dwelling unit from compliance with the requirements of subparagraph (D).
(B) Housing quality standards
The housing quality standards under this subparagraph are standards for safe and habitable housing established—
(i) by the Secretary for purposes of this subsection; or
(ii) by local housing codes or by codes adopted by public housing agencies that—
(I) meet or exceed housing quality standards, except that the Secretary may waive the requirement under this subclause to significantly increase access to affordable housing and to expand housing opportunities for families assisted under this subsection, except where such waiver could adversely affect the health or safety of families assisted under this subsection; and
(II) do not severely restrict housing choice 4
(C) Inspection
The determination required under subparagraph (A) shall be made by the public housing agency (or other entity, as provided in paragraph (11)) pursuant to an inspection of the dwelling unit conducted before any assistance payment is made for the unit. Inspections of dwelling units under this subparagraph shall be made before the expiration of the 15-day period beginning upon a request by the resident or landlord to the public housing agency or, in the case of any public housing agency that provides assistance under this subsection on behalf of more than 1250 families, before the expiration of a reasonable period beginning upon such request. The performance of the agency in meeting the 15-day inspection deadline shall be taken into consideration in assessing the performance of the agency.
(D) Biennial inspections
(i) Requirement
Each public housing agency providing assistance under this subsection (or other entity, as provided in paragraph (11)) shall, for each assisted dwelling unit, make inspections not less often than biennially during the term of the housing assistance payments contract for the unit to determine whether the unit is maintained in accordance with the requirements under subparagraph (A).
(ii) Use of alternative inspection method
The requirements under clause (i) may be complied with by use of inspections that qualify as an alternative inspection method pursuant to subparagraph (E).
(iii) Records
The public housing agency (or other entity) shall retain the records of the inspection for a reasonable time, as determined by the Secretary, and shall make the records available upon request to the Secretary, the Inspector General for the Department of Housing and Urban Development, and any auditor conducting an audit under
(iv) Mixed-finance properties
The Secretary may adjust the frequency of inspections for mixed-finance properties assisted with vouchers under paragraph (13) to facilitate the use of the alternative inspections in subparagraph (E).
(E) Alternative inspection method
An inspection of a property shall qualify as an alternative inspection method for purposes of this subparagraph if—
(i) the inspection was conducted pursuant to requirements under a Federal, State, or local housing program (including the Home investment partnership program under title II of the Cranston-Gonzalez National Affordable Housing Act [
(ii) pursuant to such inspection, the property was determined to meet the standards or requirements regarding housing quality or safety applicable to properties assisted under such program, and, if a non-Federal standard or requirement was used, the public housing agency has certified to the Secretary that such standard or requirement provides the same (or greater) protection to occupants of dwelling units meeting such standard or requirement as would the housing quality standards under subparagraph (B).
(F) Interim inspections
Upon notification to the public housing agency, by a family (on whose behalf tenant-based rental assistance is provided under this subsection) or by a government official, that the dwelling unit for which such assistance is provided does not comply with the housing quality standards under subparagraph (B), the public housing agency shall inspect the dwelling unit—
(i) in the case of any condition that is life-threatening, within 24 hours after the agency's receipt of such notification, unless waived by the Secretary in extraordinary circumstances; and
(ii) in the case of any condition that is not life-threatening, within a reasonable time frame, as determined by the Secretary.
(G) Inspection guidelines
The Secretary shall establish procedural guidelines and performance standards to facilitate inspections of dwelling units and conform such inspections with practices utilized in the private housing market. Such guidelines and standards shall take into consideration variations in local laws and practices of public housing agencies and shall provide flexibility to authorities appropriate to facilitate efficient provision of assistance under this subsection.
(9) Vacated units
If an assisted family vacates a dwelling unit for which rental assistance is provided under a housing assistance payment contract before the expiration of the term of the lease for the unit, rental assistance pursuant to such contract may not be provided for the unit after the month during which the unit was vacated.
(10) Rent
(A) Reasonableness
The rent for dwelling units for which a housing assistance payment contract is established under this subsection shall be reasonable in comparison with rents charged for comparable dwelling units in the private, unassisted local market.
(B) Negotiations
A public housing agency (or other entity, as provided in paragraph (11)) shall, at the request of a family receiving tenant-based assistance under this subsection, assist that family in negotiating a reasonable rent with a dwelling unit owner. A public housing agency (or such other entity) shall review the rent for a unit under consideration by the family (and all rent increases for units under lease by the family) to determine whether the rent (or rent increase) requested by the owner is reasonable. If a public housing agency (or other such entity) determines that the rent (or rent increase) for a dwelling unit is not reasonable, the public housing agency (or other such entity) shall not make housing assistance payments to the owner under this subsection with respect to that unit.
(C) Units exempt from local rent control
If a dwelling unit for which a housing assistance payment contract is established under this subsection is exempt from local rent control provisions during the term of that contract, the rent for that unit shall be reasonable in comparison with other units in the market area that are exempt from local rent control provisions.
(D) Timely payments
Each public housing agency shall make timely payment of any amounts due to a dwelling unit owner under this subsection. The housing assistance payment contract between the owner and the public housing agency may provide for penalties for the late payment of amounts due under the contract, which shall be imposed on the public housing agency in accordance with generally accepted practices in the local housing market.
(E) Penalties
Unless otherwise authorized by the Secretary, each public housing agency shall pay any penalties from administrative fees collected by the public housing agency, except that no penalty shall be imposed if the late payment is due to factors that the Secretary determines are beyond the control of the public housing agency.
(F) Tax credit projects
In the case of a dwelling unit receiving tax credits pursuant to
(i) comparison with rent for units in the private, unassisted local market shall not be required if the rent is equal to or less than the rent for other comparable units receiving such tax credits or assistance in the project that are not occupied by families assisted with tenant-based assistance under this subsection; and
(ii) the rent shall not be considered reasonable for purposes of this paragraph if it exceeds the greater of—
(I) the rents charged for other comparable units receiving such tax credits or assistance in the project that are not occupied by families assisted with tenant-based assistance under this subsection; and
(II) the payment standard established by the public housing agency for a unit of the size involved.
(11) Leasing of units owned by PHA
(A) Inspections and rent determinations
If an eligible family assisted under this subsection leases a dwelling unit (other than a public housing dwelling unit) that is owned by a public housing agency administering assistance under this subsection, the Secretary shall require the unit of general local government or another entity approved by the Secretary, to make inspections required under paragraph (8) and rent determinations required under paragraph (10). The agency shall be responsible for any expenses of such inspections and determinations.
(B) Units owned by PHA
For purposes of this subsection, the term "owned by a public housing agency" means, with respect to a dwelling unit, that the dwelling unit is in a project that is owned by such agency, by an entity wholly controlled by such agency, or by a limited liability company or limited partnership in which such agency (or an entity wholly controlled by such agency) holds a controlling interest in the managing member or general partner. A dwelling unit shall not be deemed to be owned by a public housing agency for purposes of this subsection because the agency holds a fee interest as ground lessor in the property on which the unit is situated, holds a security interest under a mortgage or deed of trust on the unit, or holds a non-controlling interest in an entity which owns the unit or in the managing member or general partner of an entity which owns the unit.
(12) Assistance for rental of manufactured housing
(A) In general
A public housing agency may make assistance payments in accordance with this subsection on behalf of a family that utilizes a manufactured home as a principal place of residence. Such payments may be made only for the rental of the real property on which the manufactured home owned by any such family is located.
(B) Rent calculation
(i) Charges included
For assistance pursuant to this paragraph, the rent for the space on which a manufactured home is located and with respect to which assistance payments are to be made shall include maintenance and management charges and tenant-paid utilities.
(ii) Payment standard
The public housing agency shall establish a payment standard for the purpose of determining the monthly assistance that may be paid for any family under this paragraph. The payment standard may not exceed an amount approved or established by the Secretary.
(iii) Monthly assistance payment
The monthly assistance payment for a family assisted under this paragraph shall be determined in accordance with paragraph (2).
(13) PHA project-based assistance
(A) In general
A public housing agency may use amounts provided under an annual contributions contract under this subsection to enter into a housing assistance payment contract with respect to an existing, newly constructed, or rehabilitated structure, that is attached to the structure, subject to the limitations and requirements of this paragraph.
(B) Percentage limitation
Not more than 20 percent of the funding available for tenant-based assistance under this section that is administered by the agency may be attached to structures pursuant to this paragraph.
(C) Consistency with PHA plan and other goals
A public housing agency may approve a housing assistance payment contract pursuant to this paragraph only if the contract is consistent with—
(i) the public housing agency plan for the agency approved under
(ii) the goal of deconcentrating poverty and expanding housing and economic opportunities.
(D) Income mixing requirement
(i) In general
Not more than 25 percent of the dwelling units in any project may be assisted under a housing assistance payment contract for project-based assistance pursuant to this paragraph. For purposes of this subparagraph, the term "project" means a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land.
(ii) Exceptions
The limitation under clause (i) shall not apply in the case of assistance under a contract for housing consisting of single family properties or for dwelling units that are specifically made available for households comprised of elderly families, disabled families, and families receiving supportive services.
(E) Resident choice requirement
A housing assistance payment contract pursuant to this paragraph shall provide as follows:
(i) Mobility
Each low-income family occupying a dwelling unit assisted under the contract may move from the housing at any time after the family has occupied the dwelling unit for 12 months.
(ii) Continued assistance
Upon such a move, the public housing agency shall provide the low-income family with tenant-based rental assistance under this section or such other tenant-based rental assistance that is subject to comparable income, assistance, rent contribution, affordability, and other requirements, as the Secretary shall provide by regulation. If such rental assistance is not immediately available to fulfill the requirement under the preceding sentence with respect to a low-income family, such requirement may be met by providing the family priority to receive the next voucher or other tenant-based rental assistance amounts that become available under the program used to fulfill such requirement.
(F) Contract term
A housing assistance payment contract pursuant to this paragraph between a public housing agency and the owner of a structure may have a term of up to 15 years, subject to the availability of sufficient appropriated funds for the purpose of renewing expiring contracts for assistance payments, as provided in appropriations Acts and in the agency's annual contributions contract with the Secretary, and to annual compliance with the inspection requirements under paragraph (8), except that the agency shall not be required to make annual inspections of each assisted unit in the development. The contract may specify additional conditions for its continuation. If the units covered by the contract are owned by the agency, the term of the contract shall be agreed upon by the agency and the unit of general local government or other entity approved by the Secretary in the manner provided under paragraph (11).
(G) Extension of contract term
A public housing agency may enter into a contract with the owner of a structure assisted under a housing assistance payment contract pursuant to this paragraph to extend the term of the underlying housing assistance payment contract for such period as the agency determines to be appropriate to achieve long-term affordability of the housing or to expand housing opportunities. Such contract may, at the election of the public housing agency and the owner of the structure, specify that such contract shall be extended for renewal terms of up to 15 years each, if the agency makes the determination required by this subparagraph and the owner is in compliance with the terms of the contract. Such a contract shall provide that the extension of such term shall be contingent upon the future availability of appropriated funds for the purpose of renewing expiring contracts for assistance payments, as provided in appropriations Acts, and may obligate the owner to have such extensions of the underlying housing assistance payment contract accepted by the owner and the successors in interest of the owner. A public housing agency may agree to enter into such a contract at the time it enters into the initial agreement for a housing assistance payment contract or at any time thereafter that is before the expiration of the housing assistance payment contract.
(H) Rent calculation
A housing assistance payment contract pursuant to this paragraph shall establish rents for each unit assisted in an amount that does not exceed 110 percent of the applicable fair market rental (or any exception payment standard approved by the Secretary pursuant to paragraph (1)(D)), except that if a contract covers a dwelling unit that has been allocated low-income housing tax credits pursuant to
(I) Rent adjustments
A housing assistance payments contract pursuant to this paragraph shall provide for rent adjustments, except that—
(i) the adjusted rent for any unit assisted shall be reasonable in comparison with rents charged for comparable dwelling units in the private, unassisted, local market and may not exceed the maximum rent permitted under subparagraph (H), except that the contract may provide that the maximum rent permitted for a dwelling unit shall not be less than the initial rent for the dwelling unit under the initial housing assistance payments contract covering the unit; and
(ii) the provisions of subsection (c)(2)(C) shall not apply.
(J) Tenant selection
A public housing agency shall select families to receive project-based assistance pursuant to this paragraph from its waiting list for assistance under this subsection. Eligibility for such project-based assistance shall be subject to the provisions of
(K) Vacated units
Notwithstanding paragraph (9), a housing assistance payment contract pursuant to this paragraph may provide as follows:
(i) Payment for vacant units
That the public housing agency may, in its discretion, continue to provide assistance under the contract, for a reasonable period not exceeding 60 days, for a dwelling unit that becomes vacant, but only: (I) if the vacancy was not the fault of the owner of the dwelling unit; and (II) the agency and the owner take every reasonable action to minimize the likelihood and extent of any such vacancy. Rental assistance may not be provided for a vacant unit after the expiration of such period.
(ii) Reduction of contract
That, if despite reasonable efforts of the agency and the owner to fill a vacant unit, no eligible family has agreed to rent the unit within 120 days after the owner has notified the agency of the vacancy, the agency may reduce its housing assistance payments contract with the owner by the amount equivalent to the remaining months of subsidy attributable to the vacant unit. Amounts deobligated pursuant to such a contract provision shall be available to the agency to provide assistance under this subsection.
Eligible applicants for assistance under this subsection may enforce provisions authorized by this subparagraph.
(L) Use in cooperative housing and elevator buildings
A public housing agency may enter into a housing assistance payments contract under this paragraph with respect to—
(i) dwelling units in cooperative housing; and
(ii) notwithstanding subsection (c), dwelling units in a high-rise elevator project, including such a project that is occupied by families with children, without review and approval of the contract by the Secretary.
(M) Reviews
(i) Subsidy layering
A subsidy layering review in accordance with
(ii) Environmental review
A public housing agency shall not be required to undertake any environmental review before entering into a housing assistance payments contract under this paragraph for an existing structure, except to the extent such a review is otherwise required by law or regulation.
(14) Inapplicability to tenant-based assistance
Subsection (c) shall not apply to tenant-based assistance under this subsection.
(15) Homeownership option
(A) In general
A public housing agency providing assistance under this subsection may, at the option of the agency, provide assistance for homeownership under subsection (y).
(B) Alternative administration
A public housing agency may contract with a nonprofit organization to administer a homeownership program under subsection (y).
(16) Rental vouchers for relocation of witnesses and victims of crime
(A) Witnesses
Of amounts made available for assistance under this subsection in each fiscal year, the Secretary, in consultation with the Inspector General, shall make available such sums as may be necessary for the relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to requests from law enforcement or prosecution agencies.
(B) Victims of crime
(i) In general
Of amounts made available for assistance under this section in each fiscal year, the Secretary shall make available such sums as may be necessary for the relocation of families residing in public housing who are victims of a crime of violence (as that term is defined in
(ii) Notice
A public housing agency that receives amounts under this subparagraph shall establish procedures for providing notice of the availability of that assistance to families that may be eligible for that assistance.
(17) Deed restrictions
Assistance under this subsection may not be used in any manner that abrogates any local deed restriction that applies to any housing consisting of 1 to 4 dwelling units. This paragraph may not be construed to affect the provisions or applicability of the Fair Housing Act [
(18) Rental assistance for assisted living facilities
(A) In general
A public housing agency may make assistance payments on behalf of a family that uses an assisted living facility as a principal place of residence and that uses such supportive services made available in the facility as the agency may require. Such payments may be made only for covering costs of rental of the dwelling unit in the assisted living facility and not for covering any portion of the cost of residing in such facility that is attributable to service relating to assisted living.
(B) Rent calculation
(i) Charges included
For assistance pursuant to this paragraph, the rent of the dwelling unit that is an assisted living facility with respect to which assistance payments are made shall include maintenance and management charges related to the dwelling unit and tenant-paid utilities. Such rent shall not include any charges attributable to services relating to assisted living.
(ii) Payment standard
In determining the monthly assistance that may be paid under this paragraph on behalf of any family residing in an assisted living facility, the public housing agency shall utilize the payment standard established under paragraph (1), for the market area in which the assisted living facility is located, for the applicable size dwelling unit.
(iii) Monthly assistance payment
The monthly assistance payment for a family assisted under this paragraph shall be determined in accordance with paragraph (2) (using the rent and payment standard for the dwelling unit as determined in accordance with this subsection), except that a family may be required at the time the family initially receives such assistance to pay rent in an amount exceeding 40 percent of the monthly adjusted income of the family by such an amount or percentage that is reasonable given the services and amenities provided and as the Secretary deems appropriate..6
(C) Definition
For the purposes of this paragraph, the term "assisted living facility" has the meaning given that term in section 232(b) of the National Housing Act (
(19) Rental vouchers for Veterans Affairs supported housing program
(A) Set aside
Subject to subparagraph (C), the Secretary shall set aside, from amounts made available for rental assistance under this subsection, the amounts specified in subparagraph (B) for use only for providing such assistance through a supported housing program administered in conjunction with the Department of Veterans Affairs. Such program shall provide rental assistance on behalf of homeless veterans who have chronic mental illnesses or chronic substance use disorders, shall require agreement of the veteran to continued treatment for such mental illness or substance use disorder as a condition of receipt of such rental assistance, and shall ensure such treatment and appropriate case management for each veteran receiving such rental assistance.
(B) Amount
The amount specified in this subparagraph is—
(i) for fiscal year 2007, the amount necessary to provide 500 vouchers for rental assistance under this subsection;
(ii) for fiscal year 2008, the amount necessary to provide 1,000 vouchers for rental assistance under this subsection;
(iii) for fiscal year 2009, the amount necessary to provide 1,500 vouchers for rental assistance under this subsection;
(iv) for fiscal year 2010, the amount necessary to provide 2,000 vouchers for rental assistance under this subsection; and
(v) for fiscal year 2011, the amount necessary to provide 2,500 vouchers for rental assistance under this subsection.
(C) Funding through incremental assistance
In any fiscal year, to the extent that this paragraph requires the Secretary to set aside rental assistance amounts for use under this paragraph in an amount that exceeds the amount set aside in the preceding fiscal year, such requirement shall be effective only to such extent or in such amounts as are or have been provided in appropriation Acts for such fiscal year for incremental rental assistance under this subsection.
(20) Collection of utility data
(A) Publication
The Secretary shall, to the extent that data can be collected cost effectively, regularly publish such data regarding utility consumption and costs in local areas as the Secretary determines will be useful for the establishment of allowances for tenant-paid utilities for families assisted under this subsection.
(B) Use of data
The Secretary shall provide such data in a manner that—
(i) avoids unnecessary administrative burdens for public housing agencies and owners; and
(ii) protects families in various unit sizes and building types, and using various utilities, from high rent and utility cost burdens relative to income.
(p) Shared housing for elderly and handicapped
In order to assist elderly families (as defined in
(q) Administrative fees
(1) Fee for ongoing costs of administration
(A) In general
The Secretary shall establish fees for the costs of administering the tenant-based assistance, certificate, voucher, and moderate rehabilitation programs under this section.
(B) Fiscal year 1999
(i) Calculation
For fiscal year 1999, the fee for each month for which a dwelling unit is covered by an assistance contract shall be—
(I) in the case of a public housing agency that, on an annual basis, is administering a program for not more than 600 dwelling units, 7.65 percent of the base amount; and
(II) in the case of an agency that, on an annual basis, is administering a program for more than 600 dwelling units (aa) for the first 600 units, 7.65 percent of the base amount, and (bb) for any additional dwelling units under the program, 7.0 percent of the base amount.
(ii) Base amount
For purposes of this subparagraph, the base amount shall be the higher of—
(I) the fair market rental established under subsection (c) of this section (as in effect immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998) for fiscal year 1993 for a 2-bedroom existing rental dwelling unit in the market area of the agency, and
(II) the amount that is the lesser of (aa) such fair market rental for fiscal year 1994, or (bb) 103.5 percent of the amount determined under clause (i),
adjusted based on changes in wage data or other objectively measurable data that reflect the costs of administering the program, as determined by the Secretary. The Secretary may require that the base amount be not less than a minimum amount and not more than a maximum amount.
(C) Subsequent fiscal years
For subsequent fiscal years, the Secretary shall publish a notice in the Federal Register, for each geographic area, establishing the amount of the fee that would apply for public housing agencies administering the program, based on changes in wage data or other objectively measurable data that reflect the costs of administering the program, as determined by the Secretary.
(D) Increase
The Secretary may increase the fee if necessary to reflect the higher costs of administering small programs and programs operating over large geographic areas.
(E) Decrease
The Secretary may decrease the fee for units owned by a public housing agency to reflect reasonable costs of administration.
(2) Fee for preliminary expenses
The Secretary shall also establish reasonable fees (as determined by the Secretary) for—
(A) the costs of preliminary expenses, in the amount of $500, for a public housing agency, except that such fee shall apply to an agency only in the first year that the agency administers a tenant-based assistance program under this section, and only if, immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998, the agency was not administering a tenant-based assistance program under this chapter (as in effect immediately before such effective date), in connection with its initial increment of assistance received;
(B) the costs incurred in assisting families who experience difficulty (as determined by the Secretary) in obtaining appropriate housing under the programs; and
(C) extraordinary costs approved by the Secretary.
(3) Transfer of fees in cases of concurrent geographical jurisdiction
In each fiscal year, if any public housing agency provides tenant-based assistance under this section on behalf of a family who uses such assistance for a dwelling unit that is located within the jurisdiction of such agency but is also within the jurisdiction of another public housing agency, the Secretary shall take such steps as may be necessary to ensure that the public housing agency that provides the services for a family receives all or part of the administrative fee under this section (as appropriate).
(4) Applicability
This subsection shall apply to fiscal year 1999 and fiscal years thereafter.
(r) Portability
(1)
(B)(i) Notwithstanding subparagraph (A) and subject to any exceptions established under clause (ii) of this subparagraph, a public housing agency may require that any family not living within the jurisdiction of the public housing agency at the time the family applies for assistance from the agency shall, during the 12-month period beginning on the date of initial receipt of housing assistance made available on behalf of the family from such agency, lease and occupy an eligible dwelling unit located within the jurisdiction served by the agency.
(ii) The Secretary may establish such exceptions to the authority of public housing agencies established under clause (i).
(2) The public housing agency having authority with respect to the dwelling unit to which a family moves under this subsection shall have the responsibility of carrying out the provisions of this subsection with respect to the family.
(3) In providing assistance under subsection (o) for any fiscal year, the Secretary shall give consideration to any reduction in the number of resident families incurred by a public housing agency in the preceding fiscal year as a result of the provisions of this subsection. The Secretary shall establish procedures for the compensation of public housing agencies that issue vouchers to families that move into or out of the jurisdiction of the public housing agency under portability procedures. The Secretary may reserve amounts available for assistance under subsection (o) to compensate those public housing agencies.
(4) The provisions of this subsection may not be construed to restrict any authority of the Secretary under any other provision of law to provide for the portability of assistance under this section.
(5)
(s) Prohibition of denial of certificates and vouchers to residents of public housing
In selecting families for the provision of assistance under this section (including subsection (o)), a public housing agency may not exclude or penalize a family solely because the family resides in a public housing project.
(t) Enhanced vouchers
(1) In general
Enhanced voucher assistance under this subsection for a family shall be voucher assistance under subsection (o), except that under such enhanced voucher assistance—
(A) subject only to subparagraph (D), the assisted family shall pay as rent no less than the amount the family was paying on the date of the eligibility event for the project in which the family was residing on such date;
(B) the assisted family may elect to remain in the same project in which the family was residing on the date of the eligibility event for the project, and if, during any period the family makes such an election and continues to so reside, the rent for the dwelling unit of the family in such project exceeds the applicable payment standard established pursuant to subsection (o) for the unit, the amount of rental assistance provided on behalf of the family shall be determined using a payment standard that is equal to the rent for the dwelling unit (as such rent may be increased from time-to-time), subject to paragraph (10)(A) of subsection (o) and any other reasonable limit prescribed by the Secretary, except that a limit shall not be considered reasonable for purposes of this subparagraph if it adversely affects such assisted families;
(C) subparagraph (B) of this paragraph shall not apply and the payment standard for the dwelling unit occupied by the family shall be determined in accordance with subsection (o) if—
(i) the assisted family moves, at any time, from such project; or
(ii) the voucher is made available for use by any family other than the original family on behalf of whom the voucher was provided; and
(D) if the income of the assisted family declines to a significant extent, the percentage of income paid by the family for rent shall not exceed the greater of 30 percent or the percentage of income paid at the time of the eligibility event for the project.
(2) Eligibility event
For purposes of this subsection, the term "eligibility event" means, with respect to a multifamily housing project, the prepayment of the mortgage on such housing project, the voluntary termination of the insurance contract for the mortgage for such housing project (including any such mortgage prepayment during fiscal year 1996 or a fiscal year thereafter or any insurance contract voluntary termination during fiscal year 1996 or a fiscal year thereafter), the termination or expiration of the contract for rental assistance under this section for such housing project (including any such termination or expiration during fiscal years after fiscal year 1994 prior to the effective date of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2001), or the transaction under which the project is preserved as affordable housing, that, under paragraphs (3) and (4) of section 515(c), section 524(d) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (
(3) Treatment of enhanced vouchers provided under other authority
(A) In general
Notwithstanding any other provision of law, any enhanced voucher assistance provided under any authority specified in subparagraph (B) shall (regardless of the date that the amounts for providing such assistance were made available) be treated, and subject to the same requirements, as enhanced voucher assistance under this subsection.
(B) Identification of other authority
The authority specified in this subparagraph is the authority under—
(i) the 10th, 11th, and 12th provisos under the "Preserving Existing Housing Investment" account in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (
(ii) paragraphs (3) and (4) of section 515(c) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (
(4) Authorization of appropriations
There are authorized to be appropriated for each of fiscal years 2000, 2001, 2002, 2003, and 2004 such sums as may be necessary for enhanced voucher assistance under this subsection.
(u) Assistance for residents of rental rehabilitation projects
In the case of low-income families living in rental projects rehabilitated under section 1437o 7 of this title or
(1) vouchers under this section shall be made for families who are required to move out of their units because of the physical rehabilitation activities or because of overcrowding;
(2) at the discretion of each public housing agency or other agency administering the allocation of assistance or vouchers under this section may be made for families who would have to pay more than 30 percent of their adjusted income for rent after rehabilitation whether they choose to remain in, or to move from, the project; and
(3) the Secretary shall allocate assistance for vouchers under this section to ensure that sufficient resources are available to address the physical or economic displacement, or potential economic displacement, of existing tenants pursuant to paragraphs (1) and (2).
(v) Extension of expiring contracts
The Secretary may extend expiring contracts entered into under this section for project-based loan management assistance to the extent necessary to prevent displacement of low-income families receiving such assistance as of September 30, 1996.
(w) Repealed. Pub. L. 106–74, title V, §531(d)(2), Oct. 20, 1999, 113 Stat. 1116
(x) Family unification
(1) Increase in budget authority
The budget authority available under
(2) Use of funds
The amounts made available under this subsection shall be used only in connection with tenant-based assistance under this section on behalf of (A) any family (i) who is otherwise eligible for such assistance, and (ii) who the public child welfare agency for the jurisdiction has certified is a family for whom the lack of adequate housing is a primary factor in the imminent placement of the family's child or children in out-of-home care or the delayed discharge of a child or children to the family from out-of-home care and (B) for a period not to exceed 36 months, otherwise eligible youths who have attained at least 18 years of age and not more than 24 years of age and who have left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act [
(3) Allocation
The amounts made available under this subsection shall be allocated by the Secretary through a national competition among applicants based on demonstrated need for the assistance under this subsection. To be considered for assistance, an applicant shall submit to the Secretary a written proposal containing a report from the public child welfare agency serving the jurisdiction of the applicant that describes how a lack of adequate housing in the jurisdiction is resulting in the initial or prolonged separation of children from their families, and how the applicant will coordinate with the public child welfare agency to identify eligible families and provide the families with assistance under this subsection.
(4) Coordination between public housing agencies and public child welfare agencies
The Secretary shall, not later than the expiration of the 180-day period beginning on July 29, 2016, and after consultation with other appropriate Federal agencies, issue guidance to improve coordination between public housing agencies and public child welfare agencies in carrying out the program under this subsection, which shall provide guidance on—
(A) identifying eligible recipients for assistance under this subsection;
(B) coordinating with other local youth and family providers in the community and participating in the Contin