Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
parent 511d65f9a0
commit 76b8ec33a7
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# 42 U.S.C. § 1401 to 1404 - Omitted
## Notes
Editorial Notes
Codification Sections 1401 to 1404 were omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1401, acts Sept. 1, 1937, ch. 896, § 1, 50 Stat. 888; July 15, 1949, 338, title III, § 307(a), 63 Stat. 429; Sept. 23, 1959, Pub. L. 86372, title V, § 501, 73 Stat. 679; Aug. 1, 1968, Pub. L. 90448, title II, § 206(a), 82 Stat. 504; Dec. 31, 1970, Pub. L. 91609, title II, § 211, 84 Stat. 1779, set out declaration of policy. See section 1437 of this title. Section 1402, acts, Sept. 1, 1937, ch. 896, § 2, 50 Stat. 888; July 15, 1949, ch. 338, title III, §§ 302(b), 304(c), (i), 306, 307(b), 63 Stat. 424, 425, 429; Oct. 26, 1951, ch. 577, § 1, 65 Stat. 647; June 30, 1953, 170, § 24(c), 67 Stat. 128; Aug. 7, 1956, ch. 1029, title IV, § 404(a), 70 Stat. 1104; July 12, 1957, Pub. L. 85104, title III, § 307, title IV, § 401(a), 71 Stat. 301; Sept. 23, 1959, Pub. L. 86372, title V, §§ 502, 503(a), 504, 73 Stat. 680; June 30, 1961, Pub. L. 8770, title II, § 202, 75 Stat. 163; Sept. 2, 1964, Pub. L. 88560, title II, § 203(d), title IV, § 401(a), 78 Stat. 784, 794; Aug. 10, 1965, Pub. L. 89117, title I, §§ 103(b), 104, 79 Stat. 457; Aug. 1, 1968, Pub. L. 90448, title II, § 209(a), 82 Stat. 505; Dec. 24, 1969, Pub. L. 91152, title II, § 213(a), title IV, § 403(a), 83 Stat. 389, 395; Dec. 31, 1970, Pub. L. 91609, title II, § 208(a), title IX, § 903(c), 84 Stat. 1778, 1808; Dec. 22, 1971, Pub. L. 92213, § 9, 85 Stat. 776, defined applicable terms. See section 1437a of this title. Section 1403, acts Sept. 1, 1937, ch. 896, § 3, 50 Stat. 889; May 25, 1967, Pub. L. 9019, § 2(b), 81 Stat. 20; Aug. 1, 1968, Pub. L. 90448, title XVII, § 1719(a), 82 Stat. 610, created the United States Housing Authority in the Department of Housing and Urban Development. Section 1404, acts Sept. 1, 1937, ch. 896, § 4, 50 Stat. 889; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; May 25, 1967, Pub. L. 9019, § 2(a), (c), 81 Stat. 19, 20, provided for assistance of officers, etc., of other agencies and transfer of property to the Authority.
Statutory Notes and Related Subsidiaries
Effective Date of 1969 Amendment; ApplicabilityPub. L. 91152, title II, § 213(b), Dec. 24, 1969, 83 Stat. 389, provided that the rents fixed by public housing agencies not exceed one-fourth of a low-rent housing tenants income be effective not later than ninety days after Dec. 24, 1969, and that the requirements not apply in any case in which the Secretary of Housing and Urban Development determined that limiting the rent of any tenant or class of tenants would have resulted in a deduction in the amount of welfare assistance which would otherwise have been provided to the tenant or class of tenants by a public agency.
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# 42 U.S.C. § 1404a - Secretary of Housing and Urban Development; right to sue; expenses
## Text
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 [42 U.S.C. 1437 et seq.], and title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, as amended [42 U.S.C. 1501 et seq.]. Funds made available for carrying out the functions, powers, and duties of the Secretary of Housing and Urban Development (including appropriations therefor, which are authorized) shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary of Housing and Urban Development. Notwithstanding any other provisions of law except provisions of law enacted after August 10, 1948 expressly in limitation hereof, the Secretary of Housing and Urban Development, or any State or local public agency administering a low-rent housing project assisted pursuant to the United States Housing Act of 1937 or title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, shall continue to have the right to maintain an action or proceeding to recover possession of any housing accommodations operated by it where such action is authorized by the statute or regulations under which such housing accommodations are administered, and, in determining net income for the purposes of tenant eligibility with respect to low-rent housing projects assisted pursuant to said Acts, the Secretary of Housing and Urban Development is authorized, where it finds such action equitable and in the public interest, to exclude amounts or portions thereof paid by the United States Government for disability or death occurring in connection with military service.
(Aug. 10, 1948, ch. 832, title V, § 502(b), 62 Stat. 1284; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 9019, § 5(d)(4)(7), May 25, 1967, 81 Stat. 21; Pub. L. 100242, title V, § 570(a)(2), Feb. 5, 1988, 101 Stat. 1949.)
## Notes
Editorial Notes
References in TextThe United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to this chapter (§ 1437 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. Public Law 671, Seventy-sixth Congress, approved June 28, 1940, referred to in text, is act June 28, 1940, ch. 440, 54 Stat. 676. Title II of that Act is classified generally to subchapter I (§ 1501 et seq.) of chapter 9 of this title. For complete classification of this Act to the Code, see Tables.
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 section 1701c of Title 12, Banks and Banking.
Amendments1988—Pub. L. 100242 substituted “Secretary of Housing and Urban Development” for “United States Housing Authority” in three places and for “Authority” in two places. 1967—Pub. L. 9019 substituted “United States Housing Authority” for “Public Housing Administration” wherever appearing in first and fourth sentences, “Authority” for “Administration” wherever appearing in third sentence, and “may sue” for “shall sue” in first sentence, and struck out former second sentence authorizing the Public Housing Commissioner to appoint necessary officers and employees subject to the civil-service and classification laws, to delegate his functions and powers, and to make rules and regulations, respectively. 1949—Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.
Statutory Notes and Related Subsidiaries
RepealsAct Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
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# 42 U.S.C. § 1406a - Expenses of management and operation of transferred projects as nonadministrative; payment
## Text
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 section 712a of title 15, and be paid from the rents received from each transferred project.
(May 10, 1939, ch. 119, § 1, 53 Stat. 690.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter.
Prior ProvisionsProvisions similar to those in this section were contained in act June 25, 1938, ch. 681, title I, 52 Stat. 1129.
Statutory Notes and Related Subsidiaries; Executive Documents
Transfer of Functions The Authority, meaning the United States Housing Authority, was consolidated with other agencies into the Housing and Home Finance Agency, and name of Authority changed to Public Housing Administration by Reorg. Plan No. 3 of 1947, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Public Housing Administration and Housing and Home Finance Agency (of which Public Housing Administration was a constituent agency) and of heads thereof transferred to Secretary of Housing and Urban Development by Pub. L. 89174, § 5(a), Sept. 9, 1965, 79 Stat. 669, which is classified to section 3534(a) of this title. Section 9(c) of such act, set out as a note under section 3531 of this title, provided that references to Housing and Home Finance Agency or to any agency or officer therein are to be deemed to mean Secretary of Housing and Urban Development and that Housing and Home Finance Agency and Public Housing Administration have lapsed. Executive Order No. 7732, Oct. 27, 1937, 2 F.R. 2324, 44 C.F.R. 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.
@@ -0,0 +1,47 @@
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# 42 U.S.C. § 1406b - Expenses of uncompensated advisers serving United States Housing Authority away from home
## Text
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, 53 Stat. 690.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter.
Prior ProvisionsProvisions similar to those in this section were contained in act June 25, 1938, ch. 681, title I, 52 Stat. 1128.
Statutory Notes and Related Subsidiaries; Executive Documents
Transfer of Functions The United States Housing Authority was consolidated with other agencies into the Housing and Home Finance Agency, and name of Authority changed to Public Housing Administration by Reorg. Plan No. 3 of 1947, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Public Housing Administration and Housing and Home Finance Agency (of which Public Housing Administration was a constituent agency) and of heads thereof transferred to Secretary of Housing and Urban Development by Pub. L. 89174, § 5(a), Sept. 9, 1965, 79 Stat. 669, which is classified to section 3534(a) of this title. Section 9(c) of such act, set out as a note under section 3531 of this title, provided that references to Housing and Home Finance Agency or to any agency or officer therein are to be deemed to mean Secretary of Housing and Urban Development and that Housing and Home Finance Agency and Public Housing Administration have lapsed.
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# 42 U.S.C. § 1406c to 1411a - Omitted
## Notes
Editorial Notes
Codification Section 1406c, act June 27, 1942, ch. 450, § 1, 56 Stat. 410, which related to expenses for construction advisers on non-Federal projects, was from the Independent Offices Appropriation Act, 1943, and was not repeated in subsequent appropriation acts. Prior similar provisions were contained in acts Apr. 5, 1941, ch. 40, § 1, 55 Stat. 111; Apr. 18, 1940, ch. 107, § 1, 54 Stat. 130. Section 1407, acts Sept. 1, 1937, ch. 896, § 7, 50 Stat. 891; Aug. 2, 1954, ch. 649, title VIII, § 802(d), 68 Stat. 643; May 25, 1967, Pub. L. 9019, § 2(f), 81 Stat. 20, provided for publication of information and submission of annual report by the Authority, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1408, act Sept. 1, 1937, ch. 896, § 8, 50 Stat. 891, authorized promulgation of rules and regulations by the Authority, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1409, acts Sept. 1, 1937, ch. 896, § 9, 50 Stat. 891; July 15, 1949, ch. 338, title III, § 304(c), (d), 63 Stat. 425; Dec. 24, 1969, Pub. L. 91152, title II, § 211, 83 Stat. 388, authorized loans for low-rent-housing and slum clearance projects, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. See section 1437b of this title. Section 1410, acts Sept. 1, 1937, ch. 896, § 10, 50 Stat. 891; June 21, 1938, ch. 554, title VI, § 601, 52 Stat. 820; July 15, 1949, ch. 338, title III, §§ 302(a), 304(a), (c), (e), (f), 305, 307(d), 63 Stat. 423 to 427, 430; Aug. 2, 1954, ch. 649, title IV, §§ 401(1), (2), 402, 403, 405, 406, 68 Stat. 630; June 30, 1955, ch. 251, § 3, 69 Stat. 225; Aug. 11, 1955, ch. 783, title I, § 108(b), 69 Stat. 638; Aug. 7, 1956, ch. 1029, title IV, §§ 401(a), 404(b), 70 Stat. 1103, 1104; Sept. 23, 1959, Pub. L. 86372, title V, §§ 505(a), 507, 73 Stat. 680, 681; June 30, 1961, Pub. L. 8770, title II, §§ 203, 204(a), (b), 205, 206(b), (c), 75 Stat. 163 to 165; Sept. 2, 1964, Pub. L. 88560, title IV, §§ 401(b), 402 to 404, 78 Stat. 794, 795; Aug. 10, 1965, Pub. L. 89117, title V, §§ 501 to 504, 507(b)(1), (2); 79 Stat. 486 to 488; May 25, 1967, Pub. L. 9019, § 2(a), 81 Stat. 19; Aug. 1, 1968, Pub. L. 90448, title II, §§ 203(a), 206(b), 209(b), 82 Stat. 503, 505; Dec. 24, 1969, Pub. L. 91152, title II, §§ 212, 214, 217(b), 83 Stat. 388390; Dec. 31, 1970, Pub. L. 91609, title II, §§ 202, 203, 204(a)(2), 210, 84 Stat. 1776 to 1778; Oct. 18, 1972, Pub. L. 92503, § 3 (1) to (3), 86 Stat. 906; Oct. 2, 1973, Pub. L. 93117, § 2, 87 Stat. 422, authorized annual contributions in assistance of low rentals for housing projects, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. See section 1437c of this title. Subsec. (j) of this section, which related to self-liquidation of projects, was repealed by Pub. L. 8770, title II, § 206(c), June 30, 1961, 75 Stat. 164. Section 1411, acts Sept. 1, 1937, ch. 896, § 11, 50 Stat. 893; July 15, 1949, ch. 338, title III, § 307(d), 63 Stat. 430, authorized capital grants to public housing agencies in assistance of low rentals, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1411a, act July 31, 1953, ch. 302, title I, § 101, 67 Stat. 306, which related to prohibition of projects in localities where rejected by public vote or governing body, was from the Independent Offices Appropriation Act, 1954, and was not repeated in subsequent appropriation acts.
Statutory Notes and Related Subsidiaries
Retroactive Effect of Repeal of Rights of United States Relating to Self-Liquidation of ProjectsPub. L. 8770, title II, § 206(c), June 30, 1961, 75 Stat. 165, as amended by Pub. L. 93383, title II, § 205, Aug. 22, 1974, 88 Stat. 668, provided in part that: “The Secretary of Housing and Urban Development is authorized to agree with a public housing agency to the amendment of any annual contributions contract containing the provision prescribed in section 10(j) of the United States Housing Act of 1937 [subsec. (j) of section 1410 of this title] (as in effect prior to the enactment of the Housing and Community Development Act of 1974) so as to delete such provision and waive any rights of the United States that are accrued or may accrue under such provision.”
@@ -0,0 +1,33 @@
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# 42 U.S.C. § 1411b - Repealed. Aug. 7, 1956, ch. 1029, title IV, § 401(b), 70 Stat. 1103
## Notes
Section, acts July 5, 1952, ch. 578, title I, § 101, 66 Stat. 403; July 31, 1953 ch. 302 title I, § 101, 67 Stat. 307, limited number of housing units to be constructed during fiscal year.
@@ -0,0 +1,35 @@
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# 42 U.S.C. § 1411c - Omitted
## Notes
Editorial Notes
Codification Section, act July 31, 1953, ch. 302, title I, § 101, 67 Stat. 307, which barred subversives from occupancy of housing units and which provided for enforcement of such prohibition and affect of such prohibition on loans and contributions by the Public Housing Administration, was from the Independent Offices Appropriation Act, 1954, and was not repeated in subsequent appropriation acts.
@@ -0,0 +1,33 @@
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title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "8"
chapter_name: "LOW-INCOME HOUSING"
section: "1411d"
citation: "42 U.S.C. § 1411d"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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# 42 U.S.C. § 1411d - Repealed. Pub. L. 93383, title II, § 204, Aug. 22, 1974, 88 Stat. 668
## Notes
Section, act Aug. 2, 1954, ch. 649, title VIII, § 815, 68 Stat. 647, required submission of specifications by applicants prior to award of any contract for construction of a project and submission of data with respect to acquisition of land prior to authorization to purchase such land.
@@ -0,0 +1,41 @@
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# 42 U.S.C. § 1412 to 1416 - Omitted
## Notes
Editorial Notes
Codification Section 1412, acts Sept. 1, 1937, ch. 896, § 12, 50 Stat. 894; Apr. 20, 1950, ch. 94, title II, § 205(b), 64 Stat. 73; Aug. 7, 1956, ch. 1029, title IV, § 405, 70 Stat. 1104; Aug. 10, 1965, Pub. L. 89117, title V, § 505, 79 Stat. 487, authorized disposal of low-rent-housing projects transferred to or acquired by the Authority, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1413, acts Sept. 1, 1937, ch. 896, § 13, 50 Stat. 894; July 15, 1949, ch. 338, title III, § 307(e), 63 Stat. 430; May 25, 1967, Pub. L. 9019, § 2(g), 81 Stat. 20, enumerated powers of the Authority, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1413a, acts July 31, 1947, ch. 418, § 2, 61 Stat. 705; Feb. 27, 1948, ch. 77, § 3, 62 Stat. 37; Mar. 30, 1948, ch. 161, title III, § 304, 62 Stat. 100, postponed until April 1, 1949, the institution of any eviction actions or proceedings in connection with publicly operated housing accommodations. Section 1414, acts Sept. 1, 1937, ch. 896, § 14, 50 Stat. 895; July 15, 1949, 338, title III, § 304(g), 63 Stat. 426; Dec. 24, 1969, Pub. L. 91152, title II, § 213(c), 83 Stat. 389, authorized modification, amendment, or supersedure of contracts by the Authority, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. See section 1437c of this title. Section 1415, acts Sept. 1, 1937, ch. 896, § 15, 50 Stat. 895; July 31, 1947, ch. 418, § 1, 61 Stat. 704; July 15, 1949, ch. 338, title III, §§ 301, 303, 304(j), 63 Stat. 422, 424, 427; Aug. 2, 1954, ch. 649, title IV, § 401(3), (4), 68 Stat. 631; Aug. 7, 1956, ch. 1029, title IV, § 404(c), 70 Stat. 1104; July 12, 1957, Pub. L. 85104, title IV, § 401(b), (c), 71 Stat. 302; Sept. 23, 1959. Pub. L. 86372, title V, §§ 503(b), 506, 507, 73 Stat. 680, 681; June 30, 1961, Pub. L. 8770, title II, §§ 204(b), 205(b), 206(a), 75 Stat. 164; Sept. 2, 1964, Pub. L. 88560, title IV, §§ 401(c), 405(a), 406, 78 Stat. 794, 795; Aug. 10, 1965, Pub. L. 89117, title IV, § 404(c)(2), title V, §§ 506, 507(a), (b)(3), 79 Stat. 486488; May 25, 1967, Pub. L. 9019, § 2(a), 81 Stat. 19; Aug. 1, 1968, Pub. L. 90448, title II, §§ 204, 205, 207, 82 Stat. 503, 504; Dec. 24, 1969, Pub. L. 91152, title II, §§ 215, 216, 83 Stat. 389, 390; Dec. 31, 1970, Pub. L. 91609, title II, §§ 207, 209(a), title IX, § 903(d), 84 Stat. 1777, 1778, 1809; Jan. 2, 1971, Pub. L. 91646, title II, § 220(a)(6), 84 Stat. 1903, set forth provisions relating to preservation of low rents in housing projects, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. See sections 1437c, 1437d, and 1437f of this title. Section 1416, acts Sept. 1, 1937, ch. 896, § 16, 50 Stat. 896; July 15, 1949, 338, title III, § 307(f) 63 Stat. 430; Aug. 2, 1954, ch. 649, title IV, § 404, 68 Stat. 633; Nov. 3, 1966, Pub. L. 89754, title X, § 1003, 80 Stat. 1284; May 25, 1967, Pub. L. 9019, § 2(h), (i), 81 Stat. 20, provided for application of labor standards to contracts, etc., involving Federal projects, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. See section 1437 of this title.
Statutory Notes and Related Subsidiaries
Application for Preliminary Loans Approved Prior to September 2, 1964Pub. L. 88560, title IV, § 405(b), Sept. 2, 1964, 78 Stat. 795, provided that the amendments made by subsection (a) to subsec. (b)(7) of section 1415 of this title were not to be applicable to any project for which an application for a preliminary loan had been approved by the local governing body prior to Sept. 2, 1964.
Transferred Funds; Availability for ExpenditureAct Apr. 20, 1950, ch. 94, title II, § 205(c), 64 Stat. 73, provided that all unexpended receipts, notwithstanding any limitations contained in the second proviso of act May 26, 1947, ch. 82, title I, 61 Stat. 109, derived from the sale of labor supply centers, labor homes, labor camps, and facilities, and all other unexpended balances of funds available for the maintenance, operation, and liquidation of the properties transferred and for the administrative expenses of transfer were transferred to the Public Housing Administration, to be available until expended, in accordance with the provisions of this chapter.
@@ -0,0 +1,37 @@
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# 42 U.S.C. § 1417 - Repealed. Pub. L. 90448, title XVII, § 1719(b), Aug. 1, 1968, 82 Stat. 610
## Notes
Section, act Sept. 1, 1937, ch. 896, § 17, 50 Stat. 897, related to capital stock of the Authority.
Statutory Notes and Related Subsidiaries
Retirement of Capital StockPub. L. 90448, title XVII, § 1719(b), Aug. 1, 1968, 82 Stat. 610, provided in part that the capital stock referred to in this section be retired and the sum of $1,000,000 represented by such stock returned to the Treasury of the United States.
@@ -0,0 +1,39 @@
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---
# 42 U.S.C. § 1417a to 1422 - Omitted
## Notes
Editorial Notes
Codification Sections 1417a to 1422 were omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1417a, act Sept. 1, 1937, ch. 896, § 17, as added Aug. 1, 1968, Pub. L. 90448, title XVII, § 1719(c), 82 Stat. 610, set forth additional functions, powers, and duties of the Secretary. See section 1437h of this title. Section 1418, act Sept. 1, 1937, ch. 896, § 18, 50 Stat. 897, authorized all assets and receipts of the Authority to remain available until expended. See section 1437h of this title. Section 1419, act Sept. 1, 1937, ch. 896, § 19, 50 Stat. 897, authorized the allocation of funds available for similar purposes to the Authority. Section 1420, acts Sept. 1, 1937, ch. 896, § 20, 50 Stat. 898; June 21, 1938, ch. 554, title VI, § 602, 52 Stat. 820; Oct. 30, 1941, ch. 467, 55 Stat. 759; July 15, 1949, ch. 338, title III, § 304(h), 63 Stat. 427; Aug. 1, 1968, Pub. L. 90448, title II, § 203(b), 82 Stat. 503, authorized the Authority to issue obligations for purchase and sale by the Secretary of the Treasury. See section 1437b of this title. Section 1421, acts Sept. 1, 1937, ch. 896, § 21, 50 Stat. 898; July 15, 1949, ch. 338, title III, § 307(g), 63 Stat. 431; Aug. 7, 1956, ch. 1029, title IV, § 403, 70 Stat. 1103; June 30, 1961, Pub. L. 8770, title II, § 204(c), 75 Stat. 164, set forth depository and other banking requirements applicable to the Authority. See section 1437h of this title. Section 1421a, act Sept. 1, 1937, ch. 896, § 22, as added July 15, 1949, ch. 338, title III, § 304(b), 63 Stat. 424; amended June 30, 1961, Pub. L. 8770, title III, § 302(b), 75 Stat. 166; Aug. 10, 1965, Pub. L. 89117, title V, § 507(b)(4), 79 Stat. 489; May 25, 1967, Pub. L. 9019, § 2(j), 81 Stat. 20, set forth provisions for private financing of low-rent-housing projects. See sections 1437d and 1437i of this title. Section 1421b, act Sept. 1, 1937, ch. 896, § 23, as added Aug. 10, 1965, Pub. L. 89117, title I, § 103(a), 79 Stat. 455; amended Nov. 3, 1966, Pub. L. 89754, title X, § 1002, 80 Stat. 1284; Aug. 1, 1968, Pub. L. 90448, title II, §§ 208, 210, 82 Stat. 504, 505; Dec. 24, 1969, Pub. L. 91152, title II, § 217(c), 83 Stat. 390; Dec. 31, 1970, Pub. L. 91609, title II, § 204(a)(1), (b), 84 Stat. 1777, set forth provisions authorizing low-rent housing in private accommodations. See section 1437f of this title. Section 1422, acts Sept. 1, 1937, ch. 896, § 24, formerly § 22, 50 Stat. 899; renumbered, § 23, July 15, 1949, ch. 338, title III, § 307(h), 63 Stat. 431; renumbered § 24, Aug. 10, 1965, Pub. L. 87117, title I, § 103(a), 79 Stat. 455, provided for applicability of all general penal statutes relating to larceny etc., of moneys and properties of the Authority.
Statutory Notes and Related Subsidiaries
Retroactive Application of Policies or Procedures Established by Secretary of Housing and Urban Development to Rights of Owners of Leased Housing, Including Right of RenewalPub. L. 93383, title II, § 208, Aug. 22, 1974, 88 Stat. 669, as amended by Pub. L. 95128, title II, § 201(h), Oct. 12, 1977, 91 Stat. 1129, provided that: “Nothing in this title [see Tables for classification] or any other provision of law authorizes the Secretary of Housing and Urban Development to apply any policy or procedure established by him with respect to the rights of an owner under a lease entered into under section 23 of the United States Housing Act of 1937 [section 1421b of this title], including the right to renewal of such lease to the maximum term permitted by law, if such lease was entered into prior to the effective date of such policy or procedure.”
@@ -0,0 +1,45 @@
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title_name: "THE PUBLIC HEALTH AND WELFARE"
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# 42 U.S.C. § 1423 to 1426 - Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
## Notes
Section 1423, act Sept. 1, 1937, ch. 896, § 24, formerly § 23, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, § 307(h), 63 Stat. 431, related to penalties for false entries and reports.
Section 1424, act Sept. 1, 1937, ch. 896, § 25, formerly § 24, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, § 307(h), 63 Stat. 431, related to penalties for defrauding or hindering the Authority.
Section 1425, act Sept. 1, 1937, ch. 896, § 26, formerly § 25, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, § 307(h), 63 Stat. 431, related to penalties for concealment of interest in property.
Section 1426, act Sept. 1, 1937, ch. 896, § 27, formerly § 26, 50 Stat. 899, renumbered July 15, 1949, ch. 388, title III, § 307(h), 63 Stat. 431, related to penalties for unlawful use of the name “United States Housing Authority”.
Sections 1423 to 1426 of this title are covered by section 1012 of Title 18, Crimes and Criminal Procedure.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Sept. 1, 1948, see section 20 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 18, Crimes and Criminal Procedure.
@@ -0,0 +1,35 @@
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# 42 U.S.C. § 1427 to 1431 - Omitted
## Notes
Editorial Notes
Codification Sections 1427 to 1431 were omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1427, act Sept. 1, 1937, ch. 896, § 28, formerly § 27, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, § 307(h), 63 Stat. 431, provided for application of provisions when conflicting with other laws relating to housing or slum clearance. Section 1428, act Sept. 1, 1937, ch. 896, § 29, formerly § 28, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, § 307(h), 63 Stat. 431, made available funds for the District of Columbia. Section 1429, act Sept. 1, 1937, ch. 896, § 30, formerly § 29, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, § 307(h), 63 Stat. 431, provided for separability of provisions. Section 1430, act Sept. 1, 1937, ch. 896, § 31, formerly § 30, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, § 307(h), 63 Stat. 431, set forth short title of provisions as “United States Housing Act of 1937”. See section 1 of act Sept. 1, 1937, as added by section 201(a) of Pub. L. 93383, set out as a Short Title note under section 1437 of this title. Section 1431, Pub. L. 91556, title IV, Dec. 17, 1970, 84 Stat. 1463, which provided that the necessary expenses of providing representatives at sites of non-Federal projects in connection with construction of these projects by public housing agencies with aid under this chapter, be compensated by these agencies by payments of fixed fees, was from the Independent Offices and Department of Housing and Urban Development Appropriations Act, 1971, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: Nov. 26, 1969, Pub. L. 91126, title III, 83 Stat. 242. Oct. 4, 1968, Pub. L. 90550, title III, 82 Stat. 956. Nov. 3, 1967, Pub. L. 90121, title II, 81 Stat. 360. Sept. 6, 1966, Pub. L. 89555, title II, 80 Stat. 688. Aug. 16, 1965, Pub. L. 89128, title II, 79 Stat. 542. Aug. 30, 1964, Pub. L. 88507, title II, 78 Stat. 665. Dec. 19, 1963, Pub. L. 88215, title II, 77 Stat. 447. Oct. 3, 1962, Pub. L. 87741, title II, 76 Stat. 739. Aug. 17, 1961, Pub. L. 87141, title II, 75 Stat. 363. July 12, 1960, Pub. L. 86626, title II, 74 Stat. 444. Sept. 14, 1959, Pub. L. 86255, title II, 73 Stat. 517. Aug. 28, 1958, Pub. L. 85844, title II, 72 Stat. 1081. June 29, 1957, Pub. L. 8569, title II, 71 Stat. 241. June 27, 1956, ch. 452, title II, 70 Stat. 355. June 30, 1955, ch. 244, title II, 69 Stat. 215. June 24, 1954, ch. 359, title II, 68 Stat. 297. July 31, 1953, ch. 302, title II, 67 Stat. 315. July 5, 1952, ch. 578, title III, 66 Stat. 417. Aug. 31, 1951, ch. 376, title IV, 65 Stat. 299. Sept. 6, 1950, ch. 896, Ch. VIII, title II, 64 Stat. 723. Aug. 24, 1949, ch. 506, title II, 63 Stat. 659. June 30, 1948, ch. 773, title II, 62 Stat. 1190. July 30, 1947, ch. 358, title II, 61 Stat. 579. July 20, 1946, ch. 589, title II, 60 Stat. 592. May 3, 1945, ch. 106, title I, 59 Stat. 124.
@@ -0,0 +1,33 @@
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# 42 U.S.C. § 1432 - Repealed. July 15, 1949, ch. 338, title VI, § 606, 63 Stat. 441
## Notes
Section, act Aug. 10, 1948, ch. 832, title V, § 503, 62 Stat. 1285, related to State low-rent or veterans housing projects.
@@ -0,0 +1,35 @@
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# 42 U.S.C. § 1433 - Omitted
## Notes
Editorial Notes
Codification Section, act July 15, 1949, ch. 338, title VI, § 606, 63 Stat. 440, provided for conversion of State and local low-rent or veterans housing projects to Federal projects if the contract for State financial assistance for such project was entered into on or after Jan. 1, 1948, and prior to Jan. 1, 1950.
@@ -0,0 +1,49 @@
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# 42 U.S.C. § 1434 - Records; contents; examination and audit
## Text
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 [42 U.S.C. 1437 et seq.], the Housing Act of 1949, as amended [42 U.S.C. 1441 et seq.], or any other Act shall provide that such person or local body shall keep such records as the Department of Housing and Urban Development shall from time to time prescribe, including records which permit a speedy and effective audit and will fully disclose the amount and the disposition by such person or local body of the proceeds of the loan, advance, grant, or contribution, or any supplement thereto, the capital cost of any construction project for which any such loan, advance, grant, or contribution is made, and the amount of any private or other non-Federal funds used or grants-in-aid made for or in connection with any such project. No mortgage covering new or rehabilitated multifamily housing (as defined in section 1715r of title 12) shall be insured unless the mortgagor certifies that he will keep such records as are prescribed by the Secretary of Housing and Urban Development at the time of the certification and that they will be kept in such form as to permit a speedy and effective audit. The Department of Housing and Urban Development and the Comptroller General of the United States shall have access to and the right to examine and audit such records. This section shall become effective on the first day after the first full calendar month following the date of approval of the Housing Act of 1961.
(Aug. 2, 1954, ch. 649, title VIII, § 814, 68 Stat. 647; Pub. L. 8770, title IX, § 908, June 30, 1961, 75 Stat. 191; Pub. L. 9019, § 10(h), May 25, 1967, 81 Stat. 23.)
## Notes
Editorial Notes
References in TextThe United States Housing Act of 1937, as amended, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to this chapter (§ 1437 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. The Housing Act of 1949, as amended, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, which is classified principally to chapter 8A (§ 1441 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables. 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 Pub. L. 8770, which was approved on June 30, 1961.
Codification Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter. Section was formerly classified to sections 1446 of this title and 1715s of Title 12, Banks and Banking.
Amendments1967—Pub. L. 9019 substituted “Secretary of Housing and Urban Development” for “Federal Housing Commissioner” in second sentence and “Department of Housing and Urban Development” for “Housing and Home Finance Agency (or any official or constituent thereof)” and “Housing and Home Finance Agency (or such official or constituent thereof)” in first sentence and for “Housing and Home Finance Agency or any official or constituent agency thereof” in third sentence, respectively. 1961—Pub. L. 8770 required record keeping provisions in contracts under the Housing Act of 1949 and in contracts under any other act, prohibited insurance of mortgages covering new or rehabilitated multifamily housing unless the mortgagor certifies that he will keep records, and empowered the Comptroller General to examine and audit records, and substituted “Housing Act of 1961” for “Housing Act of 1954”.
Statutory Notes and Related Subsidiaries
Effective DateThe fourth sentence of section 814 of act Aug. 2, 1954, ch. 649, 68 Stat. 647 (prior to the amendment by section 908 of Pub. L. 8770), provided that this section is effective on first day after first calendar month following the date of approval of the act (Aug. 2, 1954).
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# 42 U.S.C. § 1435 - Access to books, documents, etc., for purpose of audit
## Text
Every contract for loans or annual contributions under the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.], shall provide that the Secretary 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 entering into such contract that are pertinent to its operations with respect to financial assistance under the United States Housing Act of 1937, as amended.
(Aug. 2, 1954, ch. 649, title VIII, § 816, 68 Stat. 647; Pub. L. 9019, § 10(i), May 25, 1967, 81 Stat. 23.)
## Notes
Editorial Notes
References in TextThe United States Housing Act of 1937, as amended, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.
Codification Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter.
Amendments1967—Pub. L. 9019 substituted “Secretary of Housing and Urban Development” for “Public Housing Commissioner”.
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# 42 U.S.C. § 1436 - Repealed. Pub. L. 91609, title V, § 503(4), Dec. 31, 1970, 84 Stat. 1786
## Notes
Section, Pub. L. 8770, title II, § 207, June 30, 1961, 75 Stat. 165; Pub. L. 88560, title II, § 203(e), title IV, § 407, Sept. 2, 1964, 78 Stat. 784, 796; Pub. L. 89117, title XI, § 1105, Aug. 10, 1965, 79 Stat. 503; Pub. L. 9019, § 18(a), May 25, 1967, 81 Stat. 25; Pub. L. 90448, title XVII, § 1714(a), Aug. 1, 1968, 82 Stat. 607, provided for low-rent housing demonstration programs and development grants. See section 1701z1 et seq. of Title 12, Banks and Banking.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal: Savings ProvisionPub. L. 91609, title V, § 503, Dec. 31, 1970, 84 Stat. 1785, provided in part for repeal of sections 1701d3, 1701e, 1701e note, and 1701f of Title 12, Banks and Banking, this section, note below, section 1452a, section 1456 note, and sections 3372, 3373 of this title, effective July 1, 1971, except that the repeal shall not affect contracts, commitments, reservations, or other obligations entered pursuant to such provisions prior to July 1, 1971.
Report of Self-Help Studies and DemonstrationsPub. L. 90448, title XVII, § 1714(b), Aug. 1, 1968, 82 Stat. 607, providing for report to Congress within one year after Aug. 1, 1968, respecting self-help studies and demonstrations, was repealed by Pub. L. 91609, title V, § 503(7), Dec. 31, 1970, 84 Stat. 1786.
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# 42 U.S.C. § 1436b - Financial assistance in impacted areas
## Text
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 [42 U.S.C. 1437 et seq.], sections 1715z and 1715z1 of title 12, section 101 of the Housing and Urban Development Act of 1965 [12 U.S.C. 1701s], or section 1701q of title 12.
(Pub. L. 96399, title II, § 216, Oct. 8, 1980, 94 Stat. 1638.)
## Notes
Editorial Notes
References in TextThe United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to this chapter (§ 1437 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. Section 101 of the Housing and Urban Development Act of 1965, referred to in text, is section 101 of Pub. L. 89117, title I, Aug. 10, 1965, 79 Stat. 451, which enacted section 1701s of Title 12, Banks and Banking, and amended sections 1451 and 1465 of this title.
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.
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# 42 U.S.C. § 1436c - Insurance for public housing agencies and Indian housing authorities
## Text
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 chapter 5 of title 5, which will become effective not later than one year from October 28, 1991. 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.
(Pub. L. 102139, title II, Oct. 28, 1991, 105 Stat. 758.)
## Notes
Editorial Notes
References in TextHerein, referred to in text, probably means Pub. L. 102139, Oct. 28, 1991, 105 Stat. 736, known as the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992. For complete classification of this Act to the Code, see Tables.
Codification In the second undesignated par., “subchapter II of chapter 5 of title 5” was substituted for “the Administrative Procedures Act” on authority of Pub. L. 89554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. 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.
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# 42 U.S.C. § 1436d - Consultation with affected areas in settlement of litigation
## Text
In negotiating any settlement of, or consent decree for, significant litigation regarding public housing or section 8 [42 U.S.C. 1437f] tenant-based assistance that involves the Secretary and any public housing agency or any unit of general local government, the Secretary shall seek the views of any units of general local government and public housing agencies having jurisdictions that are adjacent to the jurisdiction of the public housing agency involved, if the resolution of such litigation would involve the acquisition or development of public housing dwelling units or the use of vouchers under section 1437f of this title in jurisdictions that are adjacent to the jurisdiction of the public housing agency involved in the litigation.
(Pub. L. 105276, title V, § 599H(b), Oct. 21, 1998, 112 Stat. 2668.)
## Notes
Editorial Notes
References in TextSecretary, 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.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 105276, title V, § 599H(m), Oct. 21, 1998, 112 Stat. 2670, provided that: “This section [enacting this section and amending section 1490 of this title] shall take effect on, and the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act [Oct. 21, 1998].”
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# 42 U.S.C. § 1437 - Declaration of policy and public housing agency organization
## Text
(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 section 1437c1(e) of this title of notice under clause (i), the public housing agency has not been notified of the intention of any resident to participate on the board of directors.
(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 section 1437f of this title that chooses not to include a member described in paragraph (1) on the board of directors or a similar governing board of the agency shall establish an advisory board of not less than 6 residents of public housing or recipients of assistance under section 1437f of this title to provide advice and comment to the agency or other administering entity on issues related to public housing and section 1437f of this title. Such advisory board shall meet not less than quarterly.
(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) 11 So in original. Probably should be “(i)”. 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 section 1437f of this title.
(Sept. 1, 1937, ch. 896, title I, § 2, as added Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653; amended Pub. L. 9735, title III, § 322(c), Aug. 13, 1981, 95 Stat. 402; renumbered title I, Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681; Pub. L. 101625, title V, § 572(2), Nov. 28, 1990, 104 Stat. 4236; Pub. L. 105276, title V, § 505, Oct. 21, 1998, 112 Stat. 2522; Pub. L. 114201, title I, § 114, July 29, 2016, 130 Stat. 804.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2 of act Sept. 1, 1937, ch. 896, 50 Stat. 888, related to definitions and was classified to section 1402 of this title, prior to the general revision of this chapter by Pub. L. 93383. Prior similar provisions were contained in section 1 of act Sept. 1, 1937, ch. 896, 50 Stat. 888, which was classified to section 1401 of this title prior to the general revision of this chapter by Pub. L. 93383.
Amendments2016—Subsec. (b)(1). Pub. L. 114201, § 114(1), substituted “paragraphs (2) and (3)” for “paragraph (2)” in introductory provisions. Subsec. (b)(3), (4). Pub. L. 114201, § 114(2), (3), added par. (3) and redesignated former par. (3) as (4). 1998—Pub. L. 105276 amended section catchline and text generally. Prior to amendment, text read as follows: “It is the policy of the United States to promote the general welfare of the Nation by employing its funds and credit, as provided in this chapter, to assist the several States and their political subdivisions to remedy the unsafe and unsanitary housing conditions and the acute shortage of decent, safe, and sanitary dwellings for families of lower income and, consistent with the objectives of this chapter, to vest in local public housing agencies the maximum amount of responsibility in the administration of their housing programs. No person should be barred from serving on the board of directors or similar governing body of a local public housing agency because of his tenancy in a low-income housing project.” 1990—Pub. L. 101625 substituted “low-income housing” for “lower income housing”. 1981—Pub. L. 9735 substituted reference to lower income for reference to low income in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentPub. L. 105276, title V, § 503, Oct. 21, 1998, 112 Stat. 2521, provided that: “(a) In General.—The amendments under this title [see Tables for classification] are made on the date of the enactment of this Act [Oct. 21, 1998], but this title shall take effect, and the amendments made by this title shall apply beginning upon, October 1, 1999, except—“(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) Savings Provision.—Notwithstanding any amendment under this title that is made (in accordance with subsection (a)) on the date of the enactment of this Act [Oct. 21, 1998] but applies beginning on October 1, 1999, the provisions of law amended by such amendment, as such provisions were in effect immediately before the making of such amendment, shall continue to apply during the period beginning on the date of the enactment of this Act and ending upon October 1, 1999, unless otherwise specifically provided by this title. “(c) Technical Recommendations.—Not later than 9 months after the date of the enactment of this Act [Oct. 21, 1998], the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services [now Committee on Financial Services] of the House of Representatives, recommended technical and conforming legislative changes necessary to carry out this title and the amendments made by this title. “(d) List of Obsolete Documents.—Not later than October 1, 1999, the Secretary of Housing and Urban Development shall cause to be published in the Federal Register a list of all rules, regulations, and orders (including all handbooks, notices, and related requirements) pertaining to public housing or section 8 [42 U.S.C. 1437f] tenant-based programs issued or promulgated under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] before the date of the enactment of this Act [Oct. 21, 1998] that are or will be obsolete because of the enactment of this Act or are otherwise obsolete. “(e) Protection of Certain Regulations.—No provision of this title may be construed to repeal the regulations of the Secretary regarding tenant participation and tenant opportunities in public housing (24 C.F.R. 964). “(g)[(f)] Effective Date.—This section shall take effect on the date of the enactment of this Act [Oct. 21, 1998].”
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
Effective DatePub. L. 93383, title II, § 201(b), Aug. 22, 1974, 88 Stat. 667, provided that: “The provisions of subsection (a) of this section [enacting sections 1437 to 1437j of this title] shall be effective on such date or dates as the Secretary of Housing and Urban Development shall prescribe, but not later than eighteen months after the date of the enactment of this Act [Aug. 22, 1974]; except that (1) all of the provisions of section 3(1) of the United States Housing Act of 1937, as amended by subsection (a) of this section [section 1437a(1) of this title], shall become effective on the same date, (2) all of the provisions of sections 5 and 9(c) of such Act as so amended [sections 1437c and 1437g(c) of this title] shall become effective on the same date, and (3) section 8 of such Act [section 1437f of this title] as so amended shall be effective not later than January 1, 1975.” Section 3(1) of the United States Housing Act of 1937, as amended, effective Sept. 26, 1975, see Effective Date note set out under section 1437a of this title.
Short Title of 2016 AmendmentPub. L. 114201, § 1(a), July 29, 2016, 130 Stat. 782, provided that: “This Act [enacting sections 1437z9, 3536a, and 11386f of this title, amending this section, sections 1436a, 1437a, 1437f, 1437g, 1437n, 1472, 3533, 11373, 11387, 11388, 12902, and 12903 of this title, and section 1709 of Title 12, Banks and Banking, enacting provisions set out as notes under sections 1437a, 1437f, 1437z9, 3533, 3544, and 11313 of this title, and amending provisions set out as a note under section 12805 of this title] may be cited as the Housing Opportunity Through Modernization Act of 2016.”
Short Title of 2008 AmendmentPub. L. 110289, div. B, title VII, § 2701, July 30, 2008, 122 Stat. 2863, provided that: “This title [amending section 1437c1 of this title] may be cited as the Small Public Housing Authorities Paperwork Reduction Act.”
Short Title of 2003 AmendmentPub. L. 108186, title IV, § 401, Dec. 16, 2003, 117 Stat. 2693, provided that: “This title [amending section 1437v of this title and enacting provisions set out as a note under section 1437v of this title] may be cited as the HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003.”
Short Title of 2002 AmendmentPub. L. 107116, title VI, § 601(a), Jan. 10, 2002, 115 Stat. 2220, provided that: “This title [amending sections 1437f and 5305 of this title and section 1715n of Title 12, Banks and Banking, enacting provisions set out as notes under sections 1437f and 11301 of this title and sections 1701q and 1715n of Title 12, and amending provisions set out as notes under sections 1437f and 11301 of this title and section 1701q of Title 12] may be cited as the Mark-to-Market Extension Act of 2001.”
Short Title of 1998 AmendmentPub. L. 105276, title V, § 501(a), Oct. 21, 1998, 112 Stat. 2518, provided that: “This title [see Tables for classification] may be cited as the Quality Housing and Work Responsibility Act of 1998.”
Short Title of 1988 AmendmentPub. L. 100358, § 1, June 29, 1988, 102 Stat. 676, provided that: “This Act [enacting sections 1437aa to 1437ee of this title, amending sections 1437a and 1437c of this title, and enacting provisions set out as a note under section 1437a of this title] may be cited as the Indian Housing Act of 1988.”
Short TitleAct Sept. 1, 1937, ch. 896, title I, § 1, as added by Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653; renumbered title I by Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681, provided that: “This Act [enacting this chapter] may be cited as the United States Housing Act of 1937.”
Applicability of 1996 Amendments; Indian HousingPub. L. 104204, title II, § 201(d), Sept. 26, 1996, 110 Stat. 2893, provided that: “In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former 42 U.S.C. 1437aa(b)(2)], the amendments made by subsections (a), (b), and (c) [amending provisions set out as notes under sections 1437a, 1437c, and 1437l of this title] shall apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.” Pub. L. 104134, title I, § 101(e) [title II, § 201(a)(3)], Apr. 26, 1996, 110 Stat. 1321257, 1321278; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327, provided that: “In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former 42 U.S.C. 1437aa(b)(2)], the amendment made by this subsection [amending section 1437l of this title] shall apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.” Pub. L. 104134, title I, § 101(e) [title II, § 201(b)(3)], Apr. 26, 1996, 110 Stat. 1321257, 1321278; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327, provided that: “In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former 42 U.S.C. 1437aa(b)(2)], the amendments made by this subsection [amending section 1437p of this title and provisions set out as a note under section 1437c of this title] and by sections 1002(a), (b), and (c) of Public Law 10419 [amending sections 1437c, 1437p, and 1437aaa3 of this title] shall apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.” Pub. L. 10499, title IV, § 402(e), Jan. 26, 1996, 110 Stat. 43, which provided that amendments made by section 402(a) to (d) and (f) of Pub. L. 10499 were also to apply to public housing developed or operated pursuant to contract between Secretary of Housing and Urban Development and an Indian housing authority, was repealed by Pub. L. 105276, title V, § 595(e)(16), Oct. 21, 1998, 112 Stat. 2659.
Applicability of 1990 Amendments; Indian HousingPub. L. 102550, title I, § 103(b), Oct. 28, 1992, 106 Stat. 3684, provided that: “(1) In general.—In accordance with section 201(b)(2) of the United States Housing Act of 1937 ([former] 42 U.S.C. 1437aa(b)(2)), the provisions of sections 572, 573, and 574 of the Cranston-Gonzalez National Affordable Housing Act [Pub. L. 101625, amending this section and sections 1437a, 1437b to 1437d, 1437f, 1437g, 1437i, 1437j, 1437l, 1437n, 1437p, 1437r, 1437s, and 1437aa to 1437dd of this title, repealing section 1437o of this title, and enacting provisions set out as notes under section 1437a of this title] shall apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian Housing Authority. “(2) Effective date.—Paragraph (1) shall take effect as if such provision were enacted upon the date of the enactment of the Cranston-Gonzalez National Affordable Housing Act [Nov. 28, 1990].” Pub. L. 101625, title IV, § 419, Nov. 28, 1990, 104 Stat. 4161, provided that: “In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former 42 U.S.C. 1437aa(b)(2)], the amendments made by this subtitle [subtitle A (§§ 411419) of title IV of Pub. L. 101625, enacting subchapter IIA of this chapter and amending sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority, except that nothing in this title [see Short Title note set out under section 1437aaa of this title] affects the program under section 202 of such Act [former 42 U.S.C. 1437bb].” Pub. L. 101625, title V, § 527, Nov. 28, 1990, 104 Stat. 4216, provided that: “In accordance with section 201(b)(2) of the United States Housing Act of 1937 ([former] 42 U.S.C. 1437aa(b)(2)), the provisions of this subtitle [subtitle A (§§ 501527) of title V of Pub. L. 101625, see Tables for classification] that modify the public housing program under title I of the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority, except that sections 502 and 510 [amending sections 1437d and 1437l of this title and enacting provisions set out as notes under section 1437d of this title] shall not apply.”
Applicability of 1989 Amendments; Indian HousingPub. L. 101235, title I, § 101(d), Dec. 15, 1989, 103 Stat. 1990, provided that: “In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former 42 U.S.C. 1437aa(b)(2)], the amendments made by subsections (a), (b), and (c) of this section [amending section 1439 of this title] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.” Pub. L. 101235, title I, § 104(c), Dec. 15, 1989, 103 Stat. 1998, provided that: “In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former 42 U.S.C. 1437aa(b)(2)], the amendment made by subsection (a) [amending section 1439 of this title] and the provisions of subsection (b) of this section [set out as an Effective Date of 1989 Amendment note under section 1439 of this title] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.”
Reports on Number and Cost of Federally Assisted UnitsPub. L. 110161, div. K, title II, § 211, Dec. 26, 2007, 121 Stat. 2433, which directed the Secretary of Housing and Urban Development to submit an annual report to the House and Senate Committees on Appropriations regarding the number of Federally assisted units under lease and the per unit cost of such units, was repealed by Pub. L. 11531, div. K, title II, § 238, May 5, 2017, 131 Stat. 789.
Funding of Certain Public HousingPub. L. 105276, title II, § 226, Oct. 21, 1998, 112 Stat. 2490, which provided that no funds in this Act or any other Act may hereafter be used by the Secretary of Housing and Urban Development to determine allocations or provide assistance for operating subsidies or modernization for certain State and city funded and locally developed public housing units unless such unit was so assisted before Oct. 1, 1998, was repealed by Pub. L. 1087, div. K, title II, § 212(b), Feb. 20, 2003, 117 Stat. 504. [Pub. L. 1087, div. K, title II, § 212(d), Feb. 20, 2003, 117 Stat. 504, provided that: “The amendment made by subsection (b) [repealing section 226 of Pub. L. 105276, set out above] shall be deemed to have taken effect on October 21, 1998.” ]
Congressional Statement of Findings and PurposesPub. L. 105276, title V, § 502, Oct. 21, 1998, 112 Stat. 2520, provided that: “(a) Findings.—Congress finds that—“(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) Purposes.—The purpose of this title [see Tables for classification] is to promote homes that are affordable to low-income families in safe and healthy environments, and thereby contribute to the supply of affordable housing, by—“(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 [42 U.S.C. 1437f] into a single market-driven program that will assist in making tenant-based rental assistance under such section more successful at helping low-income families obtain affordable housing and will increase housing choice for low-income families; and “(7) remedying the problems of troubled public housing agencies and replacing or revitalizing severely distressed public housing projects.”
Mental Health Action PlanPub. L. 105276, title V, § 517, Oct. 21, 1998, 112 Stat. 2550, provided that: “The Secretary of Housing and Urban Development, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and appropriate State and local officials and representatives, shall— “(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 [42 U.S.C. 1437 et seq.], including public housing residents, residents of multifamily housing assisted with project-based assistance under section 8 of such Act [42 U.S.C. 1437f], and recipients of tenant-based assistance under such section; and “(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 ReportPub. L. 105276, title V, § 581, Oct. 21, 1998, 112 Stat. 2643, provided that: “(a) In General.—Not later than 1 year after the date of the enactment of this Act [Oct. 21, 1998], and annually thereafter, the Secretary shall submit a report to the Congress on—“(1) the impact of the amendments made by this Act [Pub. L. 105276, see Tables for classification] on—“(A) the demographics of public housing residents and families receiving tenant-based assistance under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.]; and “(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) Effective Date.—This section shall take effect on the date of the enactment of this Act [Oct. 21, 1998].”
Use of American ProductsPub. L. 105276, title V, § 584, Oct. 21, 1998, 112 Stat. 2645, provided that: “(a) Purchase of American-Made Equipment and Products.—It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act [Pub. L. 105276, see Tables for classification] should be American made. “(b) Notice Requirement.—In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress. “(c) Effective Date.—This section shall take effect on the date of the enactment of this Act [Oct. 21, 1998].”
GAO Study on Housing Assistance Program CostsPub. L. 105276, title V, § 585, Oct. 21, 1998, 112 Stat. 2645, provided that: “(a) Study.—The Comptroller General of the United States shall conduct a study that provides an objective and independent accounting and analysis of the full cost to the Federal Government, public housing agencies, State and local governments, and other entities, per assisted household, of the Federal assisted housing programs, taking into account the qualitative differences among Federal assisted housing programs in accordance with applicable standards of the Department of Housing and Urban Development. “(b) Contents.—The study under this section shall—“(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) Prohibition of Recommendations.—In conducting the study under this section and reporting under subsection (e), the Comptroller General may not make any recommendations regarding Federal housing policy. “(d) Federal Assisted Housing Programs.—For purposes of this section, the term Federal assisted housing programs means—“(1) the public housing program under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], except that the study under this section shall differentiate between and compare the development and construction of new public housing and the assistance of existing public housing structures; “(2) the certificate program for rental assistance under section 8(b)(1) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(1)]; “(3) the voucher program for rental assistance under section 8(o) of the United States Housing Act of 1937 [42 U.S.C. 1437f(o)]; “(4) the programs for project-based assistance under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f]; “(5) the rental assistance payments program under section 521(a)(2)(A) of the Housing Act of 1949 [42 U.S.C. 1490a(a)(2)(A)]; “(6) the program for housing for the elderly under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q]; “(7) the program for housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 8013]; “(8) the program for financing housing by a loan or mortgage insured under section 221(d)(3) of the National Housing Act [12 U.S.C. 1715l(d)(3)] that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act [12 U.S.C. 1715l(d)(5)]; “(9) the program under section 236 of the National Housing Act [12 U.S.C. 1715z1]; “(10) the program for construction or substantial rehabilitation under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983; and “(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) Report.—Not later than 12 months after the date of the enactment of this Act [Oct. 21, 1998], the Comptroller General shall submit to the Congress a final report which shall contain the results of the study under this section, including the analysis and estimates required under subsection (b). “(f) Effective Date.—This section shall take effect on the date of the enactment of this Act [Oct. 21, 1998].”
Limitation on Withholding or Conditioning of AssistanceAssistance provided for in Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.], National Housing Act [12 U.S.C. 1701 et seq.], United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], Housing Act of 1949 [see Short Title note set out under section 1441 of this title], Demonstration Cities and Metropolitan Development Act of 1966 [see Short Title note set out under section 3331 of this title], and Housing and Urban Development Acts of 1965, 1968, 1969, and 1970 not to be withheld or made subject to conditions by reason of tax-exempt status of obligations issued or to be issued for financing of assistance, except as otherwise provided by law, see section 817 of Pub. L. 93383, set out as a note under section 5301 of this title.
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# 42 U.S.C. § 1437a1 - Repealed. Pub. L. 105276, title V, § 582(a)(1), Oct. 21, 1998, 112 Stat. 2643
## Notes
Section, Pub. L. 101625, title V, § 519, Nov. 28, 1990, 104 Stat. 4202, authorized public housing rent waiver for police officers. See section 1437a(a)(4) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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 Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
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# 42 U.S.C. § 1437aa to 1437ee - Repealed. Pub. L. 104330, title V, § 501(a), Oct. 26, 1996, 110 Stat. 4041
## Notes
Section 1437aa, act Sept. 1, 1937, ch. 896, title II, § 201, as added June 29, 1988, Pub. L. 100358, § 2, 102 Stat. 676; amended Nov. 28, 1990, Pub. L. 101625, title V, § 572(2), 104 Stat. 4236; Oct. 28, 1992, Pub. L. 102550, title I, § 122(a), 106 Stat. 3708, related to establishment of separate program of assisted housing for Indians and Alaska Natives.
Section 1437bb, act Sept. 1, 1937, ch. 896, title II, § 202, as added June 29, 1988, Pub. L. 100358, § 2, 102 Stat. 676; amended Nov. 28, 1990, Pub. L. 101625, title V, §§ 516, 572(1), 104 Stat. 4199, 4236; Oct. 28, 1992, Pub. L. 102550, title I, § 122(b), 106 Stat. 3709, related to mutual help homeownership opportunity program.
Section 1437cc, act Sept. 1, 1937, ch. 896, title II, § 203, as added June 29, 1988, Pub. L. 100358, § 2, 102 Stat. 679; amended Nov. 28, 1990, Pub. L. 101625, title V, § 572(2), 104 Stat. 4236; Oct. 28, 1992, Pub. L. 102550, title I, § 122(c), 106 Stat. 3709, related to public housing maximum contributions, provision of related facilities and services, and accessibility to physically handicapped persons.
Section 1437dd, act Sept. 1, 1937, ch. 896, title II, § 204, as added June 29, 1988, Pub. L. 100358, § 2, 102 Stat. 679; amended Nov. 28, 1990, Pub. L. 101625, title V, § 572(1), 104 Stat. 4236, related to annual report under section 3536 of this title.
Section 1437ee, act Sept. 1, 1937, ch. 896, title II, § 205, as added June 29, 1988, Pub. L. 100358, § 2, 102 Stat. 680, related to issuance of regulations to carry out this subchapter.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104330, set out as an Effective Date note under section 4101 of Title 25, Indians.
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# 42 U.S.C. § 1437aaa1 - Planning grants
## Text
(a) Grants The Secretary is authorized to make planning grants to applicants for the purpose of developing homeownership programs under this subchapter. The amount of a planning grant under this section may not exceed $200,000, except that the Secretary may for good cause approve a grant in a higher amount.
(b) Eligible activities Planning grants may be used for activities to develop homeownership programs (which may include programs for cooperative ownership), including—
(1) development of resident management corporations and resident councils;
(2) training and technical assistance for applicants related to development of a specific homeownership program;
(3) studies of the feasibility of a homeownership program;
(4) inspection for lead-based paint hazards, as required by section 4822(a) of this title;
(5) preliminary architectural and engineering work;
(6) tenant and homebuyer counseling and training;
(7) planning for economic development, job training, and self-sufficiency activities that promote economic self-sufficiency of homebuyers and homeowners under the homeownership program;
(8) development of security plans; and
(9) preparation of an application for an implementation grant under this subchapter.
(c) Application (1) Form and procedures An application for a planning grant shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish.
(2) Minimum requirements The Secretary shall require that an application contain at a minimum—
(A) a request for a planning grant, specifying the activities proposed to be carried out, the schedule for completing the activities, the personnel necessary to complete the activities, and the amount of the grant requested;
(B) a description of the applicant and a statement of its qualifications;
(C) identification and description of the public housing project or projects involved, and a description of the composition of the tenants, including family size and income;
(D) a certification by the public official responsible for submitting the comprehensive housing affordability strategy under section 12705 of this title that the proposed activities are consistent with the approved housing strategy of the State or unit of general local government within which the project is located (or, during the first 12 months after November 28, 1990, that the application is consistent with such other existing State or local housing plan or strategy that the Secretary shall determine to be appropriate); and
(E) a certification that the applicant will comply with the requirements of the Fair Housing Act [42 U.S.C. 3601 et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], section 794 of title 29, and the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], and will affirmatively further fair housing.
(d) Selection criteria The Secretary shall, by regulation, establish selection criteria for a national competition for assistance under this section, which shall include—
(1) the qualifications or potential capabilities of the applicant;
(2) the extent of tenant interest in the development of a homeownership program for the project;
(3) the potential of the applicant for developing a successful and affordable homeownership program and the suitability of the project for homeownership;
(4) national geographic diversity among projects for which applicants are selected to receive assistance; and
(5) such other factors that the Secretary shall require that (in the determination of the Secretary) are appropriate for purposes of carrying out the program established by this subchapter in an effective and efficient manner.
(Sept. 1, 1937, ch. 896, title III, § 302, as added Pub. L. 101625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4149; amended Pub. L. 102550, title X, § 1012(h)(1), Oct. 28, 1992, 106 Stat. 3906.)
## Notes
Editorial Notes
References in TextThe Fair Housing Act, referred to in subsec. (c)(2)(E), is title VIII of Pub. L. 90284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (c)(2)(E), is Pub. L. 88352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Age Discrimination Act of 1975, referred to in subsec. (c)(2)(E), is title III of Pub. L. 94135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables.
Amendments1992—Subsec. (b)(4) to (9). Pub. L. 102550 added par. (4) and redesignated former pars. (4) to (8) as (5) to (9), respectively.
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# 42 U.S.C. § 1437aaa2 - Implementation grants
## Text
(a) Grants The Secretary is authorized to make implementation grants to applicants for the purpose of carrying out homeownership programs approved under this subchapter.
(b) Eligible activities Implementation grants may be used for activities to carry out homeownership programs (including programs for cooperative ownership) that meet the requirements under this subchapter, including the following activities:
(1) Architectural and engineering work.
(2) Implementation of the homeownership program, including acquisition of the public housing project from a public housing agency for the purpose of transferring ownership to eligible families in accordance with a homeownership program that meets the requirements under this subchapter.
(3) Rehabilitation of any public housing project covered by the homeownership program, in accordance with standards established by the Secretary.
(4) Abatement of lead-based paint hazards, as required by section 4822(a) of this title.
(5) Administrative costs of the applicant, which may not exceed 15 percent of the amount of assistance provided under this section.
(6) Development of resident management corporations and resident management councils, but only if the applicant has not received assistance under section 1437aaa1 of this title for such activities.
(7) Counseling and training of homebuyers and homeowners under the homeownership program.
(8) Relocation of tenants who elect to move.
(9) Any necessary temporary relocation of tenants during rehabilitation.
(10) Funding of operating expenses and replacement reserves of the project covered by the homeownership program, except that the amount of assistance for operating expenses shall not exceed the amount the project would have received if it had continued to receive such assistance from the Operating Fund, with adjustments comparable to those that would have been made under section 1437g of this title, and except that implementation grants may not be used under this paragraph to fund operating expenses for scattered site public housing acquired under a homeownership program.
(11) Implementation of a replacement housing plan.
(12) Legal fees.
(13) Defraying costs for the ongoing training needs of the recipient that are related to developing and carrying out the homeownership program.
(14) Economic development activities that promote economic self-sufficiency of homebuyers, residents, and homeowners under the homeownership program.
(c) Matching funding (1) In general Each recipient shall assure that contributions equal to not less than 25 percent of the grant amount made available under this section, excluding any amounts provided for post-sale operating expenses and replacement housing, shall be provided from non-Federal sources to carry out the homeownership program.
(2) Form Such contributions may be in the form of—
(A) cash contributions from non-Federal resources, which may not include Federal tax expenditures or funds from a grant made under section 5306(b) of this title or section 5306(d) of this title;
(B) payment of administrative expenses, as defined by the Secretary, from non-Federal resources, including funds from a grant made under section 5306(b) of this title or section 5306(d) of this title;
(C) the value of taxes, fees, or other charges that are normally and customarily imposed but are waived, foregone, or deferred in a manner that facilitates the implementation of a homeownership program assisted under this subchapter;
(D) the value of land or other real property as appraised according to procedures acceptable to the Secretary;
(E) the value of investment in on-site and off-site infrastructure required for a homeownership program assisted under this subchapter; or
(F) such other in-kind contributions as the Secretary may approve.
Contributions for administrative expenses shall be recognized only up to an amount equal to 7 percent of the total amount of grants made available under this section.
(3) Reduction of requirement The Secretary shall reduce the matching requirement for homeownership programs carried out under this section in accordance with the formula established under section 220(d) of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12750(d)].
(d) Application (1) Form and procedure An application for an implementation grant shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish.
(2) Minimum requirements The Secretary shall require that an application contain at a minimum—
(A) a request for an implementation grant, specifying the amount of the grant requested and its proposed uses;
(B) if applicable, an application for assistance under section 1437f of this title, which shall specify the proposed uses of such assistance and the period during which the assistance will be needed;
(C) a description of the qualifications and experience of the applicant in providing housing for low-income families;
(D) a description of the proposed homeownership program, consistent with section 1437aaa3 of this title and the other requirements of this subchapter, which shall specify the activities proposed to be carried out and their estimated costs, identifying reasonable schedules for carrying it out, and demonstrating that the program will comply with the affordability requirements under section 1437aaa3(b) of this title;
(E) identification and description of the public housing project or projects involved, and a description of the composition of the tenants, including family size and income;
(F) a description of and commitment for the resources that are expected to be made available to provide the matching funding required under subsection (c) and of other resources that are expected to be made available in support of the homeownership program;
(G) identification and description of the financing proposed for any (i) rehabilitation and (ii) acquisition (I) of the property, where applicable, by a resident council or other entity for transfer to eligible families, and (II) by eligible families of ownership interests in, or shares representing, units in the project;
(H) if the applicant is not a public housing agency, the proposed sales price, if any, the basis for such price determination, and terms to the applicant;
(I) the estimated sales prices, if any, and terms to eligible families;
(J) any proposed restrictions on the resale of units under a homeownership program;
(K) identification and description of the entity that will operate and manage the property;
(L) a certification by the public official responsible for submitting the comprehensive housing affordability strategy under section 105 of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12705] that the proposed activities are consistent with the approved housing strategy of the State or unit of general local government within which the project is located (or, during the first 12 months after November 28, 1990, that the application is consistent with such other existing State or local housing plan or strategy that the Secretary shall determine to be appropriate); and
(M) a certification that the applicant will comply with the requirements of the Fair Housing Act [42 U.S.C. 3601 et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], section 794 of title 29, and the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], and will affirmatively further fair housing.
(e) Selection criteria The Secretary shall establish selection criteria for a national competition for assistance under this section, which shall include—
(1) the ability of the applicant to develop and carry out the proposed homeownership program, taking into account the quality of any related ongoing program of the applicant, and the extent of tenant interest in the development of a homeownership program and community support;
(2) the feasibility of the homeownership program;
(3) the extent to which current tenants and other eligible families will be able to afford the purchase;
(4) the quality and viability of the proposed homeownership program, including the viability of the economic self-sufficiency plan;
(5) the extent to which funds for activities that do not qualify as eligible activities will be provided in support of the homeownership program;
(6) whether the approved comprehensive housing affordability strategy for the jurisdiction within which the public housing project is located includes the proposed homeownership program as one of the general priorities identified pursuant to section 105(b)(7) of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12705(b)(7)];
(7) national geographic diversity among housing for which applicants are selected to receive assistance; and
(8) the extent to which a sufficient supply of affordable rental housing exists in the locality, so that the implementation of the homeownership program will not reduce the number of such rental units available to residents currently residing in such units or eligible for residency in such units.
(f) Location within participating jurisdictions The Secretary may approve applications for grants under this subchapter only for public housing projects located within the boundaries of jurisdictions—
(1) which are participating jurisdictions under title III of the Cranston-Gonzalez National Affordable Housing Act; or
(2) on behalf of which the agency responsible for affordable housing has submitted a housing strategy or plan.
(g) Approval The Secretary shall notify each applicant, not later than 6 months after the date of the submission of the application, whether the application is approved or not approved. The Secretary may approve the application for an implementation grant with a statement that the application for the section 8 [42 U.S.C. 1437f] assistance for replacement housing and for residents of the project not purchasing units is conditionally approved, subject to the availability of appropriations in subsequent fiscal years.
(Sept. 1, 1937, ch. 896, title III, § 303, as added Pub. L. 101625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4150; amended Pub. L. 102550, title I, § 181(b), (c), (g)(1), title X, § 1012(h)(2), Oct. 28, 1992, 106 Stat. 3735, 3736, 3906; Pub. L. 105276, title V, § 519(c)(1), Oct. 21, 1998, 112 Stat. 2561.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in subsecs. (b) (introductory provisions) and (c)(2)(C), (E), was in the original “this subtitle”, and was translated as reading “this title”, meaning title III of act Sept. 1, 1937, ch. 896, as added by Pub. L. 101625, to reflect the probable intent of Congress, because title III of act Sept. 1, 1937, does not contain subtitles. The Fair Housing Act, referred to in subsec. (d)(2)(M), is title VIII of Pub. L. 90284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I of chapter 45 (§ 3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (d)(2)(M), is Pub. L. 88352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Age Discrimination Act of 1975, referred to in subsec. (d)(2)(M), is title III of Pub. L. 94135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables. The Cranston-Gonzalez National Affordable Housing Act, referred to in subsec. (f)(1), is Pub. L. 101625, Nov. 28, 1990, 104 Stat. 4079. Title III of the Act enacted subchapter III (§ 12851 et seq.) of chapter 130 of this title and sections 1735f17 and 1735f18 of Title 12, Banks and Banking, amended sections 1703, 1708, 1709, 1715d, 1715z20, 1721, and 1735f9 of Title 12, and enacted provisions set out as notes under sections 1703, 1709, 1713, and 1735f18 of Title 12. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables.
Amendments1998—Subsec. (b)(10). Pub. L. 105276 substituted “such assistance from the Operating Fund” for “such assistance under section 1437g of this title”. 1992—Subsec. (b)(2). Pub. L. 102550, § 181(g)(1)(A), struck out “(not including scattered site single family housing of a public housing agency)” after “public housing project”. Subsec. (b)(4) to (8). Pub. L. 102550, § 1012(h)(2), added par. (4) and redesignated former pars. (4) to (7) as (5) to (8), respectively. Former par. (8) redesignated (9). Subsec. (b)(9). Pub. L. 102550, § 1012(h)(2)(A), redesignated par. (8) as (9). Former par. (9) redesignated (10). Pub. L. 102550, § 181(g)(1)(B), which directed insertion of “, and except that implementation grants may not be used under this paragraph to fund operating expenses for scattered site public housing acquired under a homeownership program” before period at end of section “303(b)(9) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437aaa2(b)(9))”, was executed by making the insertion before period at end of subsec. (b)(9) of this section, which is section 303 of the United States Housing Act of 1937, to reflect the probable intent of Congress. Subsec. (b)(10) to (14). Pub. L. 102550, § 1012(h)(2)(A), redesignated pars. (9) to (13) as (10) to (14), respectively. Subsec. (c)(1). Pub. L. 102550, § 181(b)(1), inserted “and replacement housing” after “expenses”. Subsec. (c)(3). Pub. L. 102550, § 181(b)(2), added par. (3). Subsec. (e)(8). Pub. L. 102550, § 181(c), struck out “of the type assisted under this subchapter” after “rental housing” and “appreciably” before “reduce”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by title V of Pub. L. 105276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105276, set out as a note under section 1437 of this title.
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# 42 U.S.C. § 1437aaa3 - Homeownership program requirements
## Text
(a) In general A homeownership program under this subchapter shall provide for acquisition by eligible families of ownership interests in, or shares representing, at least one-half of the units in a public housing project under any arrangement determined by the Secretary to be appropriate, such as cooperative ownership (including limited equity cooperative ownership) and fee simple ownership (including condominium ownership), for occupancy by the eligible families.
(b) Affordability A homeownership program under this subchapter shall provide for the establishment of sales prices (including principal, insurance, taxes, and interest and closing costs) for initial acquisition of the property from the public housing agency if the applicant is not a public housing agency, and for sales to eligible families, such that an eligible family shall not be required to expend more than 30 percent of the adjusted income of the family per month to complete a sale under the homeownership program.
(c) Plan A homeownership program under this subchapter shall provide, and include a plan, for—
(1) identifying and selecting eligible families to participate in the homeownership program;
(2) providing relocation assistance to families who elect to move;
(3) ensuring continued affordability by tenants, homebuyers, and homeowners in the project;
(4) providing ongoing training and counseling for homebuyers and homeowners; and
(5) replacing units in eligible projects covered by a homeownership program.
(d) Acquisition and rehabilitation limitations Acquisition or rehabilitation of public housing projects under a homeownership program under this subchapter may not consist of acquisition or rehabilitation of less than the whole public housing project in a project consisting of more than 1 building. The provisions of this subsection may be waived upon a finding by the Secretary that the sale of less than all the buildings in a project is feasible and will not result in a hardship to any tenants of the project who are not included in the homeownership program.
(e) Financing (1) In general The application shall identify and describe the proposed financing for (A) any rehabilitation, and (B) acquisition (i) of the project, where applicable, by an entity other than the public housing agency for transfer to eligible families, and (ii) by eligible families of ownership interests in, or shares representing, units in the project. Financing may include use of the implementation grant, sale for cash, or other sources of financing (subject to applicable requirements), including conventional mortgage loans and mortgage loans insured under title II of the National Housing Act [12 U.S.C. 1707 et seq.].
(2) Prohibition against pledges Property transferred under this subchapter shall not be pledged as collateral for debt or otherwise encumbered except when the Secretary determines that—
(A) such encumbrance will not threaten the long-term availability of the property for occupancy by low-income families;
(B) neither the Federal Government nor the public housing agency will be exposed to undue risks related to action that may have to be taken pursuant to paragraph (3);
(C) any debt obligation can be serviced from project income, including operating assistance; and
(D) the proceeds of such encumbrance will be used only to meet housing standards in accordance with subsection (f) or to make such additional capital improvements as the Secretary determines to be consistent with the purposes of this subchapter.
(3) Opportunity to cure Any lender that provides financing in connection with a homeownership program under this subchapter shall give the public housing agency, resident management corporation, individual owner, or other appropriate entity a reasonable opportunity to cure a financial default before foreclosing on the property, or taking other action as a result of the default.
(f) Housing quality standards The application shall include a plan ensuring that the unit—
(1) will be free from any defects that pose a danger to health or safety before transfer of an ownership interest in, or shares representing, a unit to an eligible family; and
(2) will, not later than 2 years after the transfer to an eligible family, meet minimum housing standards established by the Secretary for the purposes of this subchapter.
(g) Repealed. Pub. L. 105276, title V, § 531(b)(1), Oct. 21, 1998, 112 Stat. 2573
(h) Protection of non-purchasing families (1) In general No tenant residing in a dwelling unit in a public housing project on the date the Secretary approves an application for an implementation grant may be evicted by reason of a homeownership program approved under this subchapter.
(2) Replacement assistance If the tenant decides not to purchase a unit, or is not qualified to do so, the recipient shall, during the term of any operating assistance under the implementation grant, permit each otherwise qualified tenant to continue to reside in the project at rents that do not exceed levels consistent with section 1437a(a) of this title or, if an otherwise qualified tenant chooses to move (at any time during the term of such operating assistance contract), the public housing agency shall, to the extent approved in appropriations Acts, offer such tenant (A) a unit in another public housing project, or (B) section 8 [42 U.S.C. 1437f] assistance for use in other housing.
(3) Relocation assistance The recipient shall also inform each such tenant that if the tenant chooses to move, the recipient will pay relocation assistance in accordance with the approved homeownership program.
(4) Other rights Tenants renting a unit in a project transferred under this subchapter shall have all rights provided to tenants of public housing under this chapter.
(Sept. 1, 1937, ch. 896, title III, § 304, as added Pub. L. 101625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4153; amended Pub. L. 102550, title I, § 181(g)(1)(A), Oct. 28, 1992, 106 Stat. 3736; Pub. L. 10419, title I, § 1002(b), July 27, 1995, 109 Stat. 236; Pub. L. 105276, title V, § 531(b)(1), Oct. 21, 1998, 112 Stat. 2573.)
## Notes
Editorial Notes
References in TextThe National Housing Act, referred to in subsec. (e)(1), is act June 27, 1934, ch. 847, 48 Stat. 1246. Title II of the Act is classified principally to subchapter II (§ 1707 et seq.) of chapter 13 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables. This subchapter, referred to in subsec. (e)(3), was in the original “this subtitle”, and was translated as reading “this title”, meaning title III of act Sept. 1, 1937, ch. 896, as added by Pub. L. 101625, to reflect the probable intent of Congress, because title III of act Sept. 1, 1937, does not contain subtitles.
Amendments1998—Subsec. (g). Pub. L. 105276 struck out subsec. (g) which prohibited transfer of projects without plan for replacement housing. See 1995 Amendment note below. 1995—Subsec. (g). Pub. L. 10419 struck out subsec. (g) which prohibited transfer of projects without plan for replacement housing. 1992—Subsec. (d). Pub. L. 102550 struck out “(not including scattered site single family housing of a public housing agency)” after “housing project”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by section 531(b)(1) of Pub. L. 105276 effective with respect to any plan for the demolition, disposition, or conversion to homeownership of public housing that is approved by Secretary after Sept. 30, 1995, see section 531(b)(2) of Pub. L. 105276, set out as a note below.
Effective Date of 1995 AmendmentAmendment by Pub. L. 10419 effective for applications for demolition, disposition, or conversion to homeownership of public housing approved by the Secretary, and other consolidation and relocation activities of public housing agencies undertaken on, before, or after Sept. 30, 1995, and on or before Sept. 30, 1998, see section 1002(d) of Pub. L. 10419, as amended, set out as a note under section 1437c of this title.
Homeownership Replacement PlanPub. L. 105276, title V, § 531(b), Oct. 21, 1998, 112 Stat. 2573, provided that: “(1) In general.—Notwithstanding subsections (b) and (c) of section 1002 of the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred At Oklahoma City, and Rescissions Act, 1995 [amending this section and enacting provision set out as a note under section 1437c of this title] (Public Law 10419; 109 Stat. 236), subsection (g) of section 304 of the United States Housing Act of 1937 (42 U.S.C. 1437aaa3(g)) is repealed. “(2) Effective date.—The amendment made by paragraph (1) shall be effective with respect to any plan for the demolition, disposition, or conversion to homeownership of public housing that is approved by the Secretary after September 30, 1995.”
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# 42 U.S.C. § 1437aaa4 - Other program requirements
## Text
(a) Sale by public housing agency to applicant or other entity required Where the Secretary approves an application providing for the transfer of the eligible project from the public housing agency to another applicant, the public housing agency shall transfer the project to such other applicant, in accordance with the approved homeownership program.
(b) Preferences In selecting eligible families for homeownership, the recipient shall give a first preference to otherwise qualified current tenants and a second preference to otherwise qualified eligible families who have completed participation in an economic self-sufficiency program specified by the Secretary.
(c) Cost limitations The Secretary may establish cost limitations on eligible activities under this subchapter, subject to the provisions of this subchapter.
(d) Annual contributions Notwithstanding the purchase of a public housing project under this section, or the purchase of a unit in a public housing project by an eligible family, the Secretary shall continue to pay annual contributions with respect to the project. Such contributions may not exceed the maximum contributions authorized in section 1437c(a) of this title.
(e) Amounts from Operating Fund allocation Amounts from an allocation from the Operating Fund under section 1437g of this title shall not be available with respect to a public housing project after the date of its sale by the public housing agency.
(f) Use of proceeds from sales to eligible families The entity that transfers ownership interests in, or shares representing, units to eligible families, or another entity specified in the approved application, shall use the proceeds, if any, from the initial sale for costs of the homeownership program, including operating expenses, improvements to the project, business opportunities for low-income families, supportive services related to the homeownership program, additional homeownership opportunities, and other activities approved by the Secretary.
(g) Restrictions on resale by homeowners (1) In general (A) Transfer permitted A homeowner under a homeownership program may transfer the homeowners ownership interest in, or shares representing, the unit, except that a homeownership program may establish restrictions on the resale of units under the program.
(B) Right to purchase Where a resident management corporation, resident council, or cooperative has jurisdiction over the unit, the corporation, council, or cooperative shall have the right to purchase the ownership interest in, or shares representing, the unit from the homeowner for the amount specified in a firm contract between the homeowner and a prospective buyer. If such an entity does not have jurisdiction over the unit or elects not to purchase and if the prospective buyer is not a low-income family, the public housing agency or the implementation grant recipient shall have the right to purchase the ownership interest in, or shares representing, the unit for the same amount.
(C) Promissory note required The homeowner shall execute a promissory note equal to the difference between the market value and the purchase price, payable to the public housing agency or other entity designated in the homeownership plan, together with a mortgage securing the obligation of the note.
(2) 6 years or less In the case of a transfer within 6 years of the acquisition under the program, the homeownership program shall provide for appropriate restrictions to assure that an eligible family may not receive any undue profit. The plan shall provide for limiting the familys consideration for its interest in the property to the total of—
(A) the contribution to equity paid by the family;
(B) the value, as determined by such means as the Secretary shall determine through regulation, of any improvements installed at the expense of the family during the familys tenure as owner; and
(C) the appreciated value determined by an inflation allowance at a rate which may be based on a cost-of-living index, an income index, or market index as determined by the Secretary through regulation and agreed to by the purchaser and the entity that transfers ownership interests in, or shares representing, units to eligible families (or another entity specified in the approved application), at the time of initial sale, and applied against the contribution to equity.
Such an entity may, at the time of initial sale, enter into an agreement with the family to set a maximum amount which this appreciation may not exceed.
(3) 620 years In the case of a transfer during the period beginning 6 years after the acquisition and ending 20 years after the acquisition, the homeownership program shall provide for the recapture by the Secretary or the program of an amount equal to the amount of the declining balance on the note described in paragraph (1)(C).
(4) Use of recaptured funds Fifty percent of any portion of the net sales proceeds that may not be retained by the homeowner under the plan approved pursuant to this subsection shall be paid to the entity that transferred ownership interests in, or shares representing, units to eligible families, or another entity specified in the approved application, for use for improvements to the project, business opportunities for low-income families, supportive services related to the homeownership program, additional homeownership opportunities, and other activities approved by the Secretary. The remaining 50 percent shall be returned to the Secretary for use under this subchapter, subject to limitations contained in appropriations Acts. Such entity shall keep and make available to the Secretary all records necessary to calculate accurately payments due the Secretary under this subsection.
(h) Third party rights The requirements under this subchapter regarding quality standards, resale, or transfer of the ownership interest of a homeowner shall be judicially enforceable against the grant recipient with respect to actions involving rehabilitation, and against purchasers of property under this subsection or their successors in interest with respect to other actions by affected low-income families, resident management corporations, resident councils, public housing agencies, and any agency, corporation, or authority of the United States Government. The parties specified in the preceding sentence shall be entitled to reasonable attorney fees upon prevailing in any such judicial action.
(i) Dollar limitation on economic development activities Not more than an aggregate of $250,000 from amounts made available under sections 1437aaa1 and 1437aaa2 of this title may be used for economic development activities under sections 1437aaa1(b)(6) 11 See References in Text note below. and 1437aaa2(b)(9) 1 of this title for any project.
(j) Timely homeownership Recipients shall transfer ownership of the property to tenants within a specified period of time that the Secretary determines to be reasonable. During the interim period when the property continues to be operated and managed as rental housing, the recipient shall utilize written tenant selection policies and criteria that are consistent with the public housing program and that are approved by the Secretary as consistent with the purpose of improving housing opportunities for low-income families. The recipient shall promptly notify in writing any rejected applicant of the grounds for any rejection.
(k) Capability of resident management corporations and resident councils To be eligible to receive a grant under section 1437aaa2 of this title, a resident management corporation or resident council shall demonstrate to the Secretary its ability to manage public housing by having done so effectively and efficiently for a period of not less than 3 years or by arranging for management by a qualified management entity.
(l) Records and audit of recipients of assistance (1) In general Each recipient shall keep such records as may be reasonably necessary to fully disclose the amount and the disposition by such recipient of the proceeds of assistance received under this subchapter (and any proceeds from financing obtained in accordance with subsection (b) or sales under subsections (f) and (g)(4)), the total cost of the homeownership program in connection with which such assistance is given or used, and the amount and nature of that portion of the program supplied by other sources, and such other sources as will facilitate an effective audit.
(2) Access by the Secretary The Secretary shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this subchapter.
(3) Access by the Comptroller General The Comptroller General of the United States, or any of the duly authorized representatives of the Comptroller General, shall also have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this subchapter.
(Sept. 1, 1937, ch. 896, title III, § 305, as added Pub. L. 101625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4155; amended Pub. L. 105276, title V, § 519(c)(2), Oct. 21, 1998, 112 Stat. 2561.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in subsec. (g)(4), was in the original “this subtitle”, and was translated as reading “this title”, meaning title III of act Sept. 1, 1937, ch. 896, as added by Pub. L. 101625, to reflect the probable intent of Congress, because title III of act Sept. 1, 1937, does not contain subtitles. Section 1437aaa1(b)(6) of this title, referred to in subsec. (i), was redesignated section 1437aaa1(b)(7) of this title by Pub. L. 102550, title X, § 1012(h)(1)(A), Oct. 28, 1992, 106 Stat. 3906. Section 1437aaa2(b)(9) of this title, referred to in subsec. (i), was redesignated section 1437aaa2(b)(10) of this title by Pub. L. 102550, title X, § 1012(h)(2)(A), Oct. 28, 1992, 106 Stat. 3906.
Amendments1998—Subsec. (e). Pub. L. 105276 substituted “Amounts from an allocation from the Operating Fund” for “Operating subsidies”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by title V of Pub. L. 105276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105276, set out as a note under section 1437 of this title.
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# 42 U.S.C. § 1437aaa5 - Definitions
## Text
For purposes of this subchapter:
(1) The term “applicant” means the following entities that may represent the tenants of the project:
(A) A public housing agency.
(B) A resident management corporation, established in accordance with requirements of the Secretary under section 1437r of this title.
(C) A resident council.
(D) A cooperative association.
(E) A public or private nonprofit organization.
(F) A public body, including an agency or instrumentality thereof.
(2) The term “eligible family” means—
(A) a family or individual who is a tenant in the public housing project on the date the Secretary approves an implementation grant;
(B) a low-income family; or
(C) a family or individual who is assisted under a housing program administered by the Secretary or the Secretary of Agriculture (not including any non-low income families assisted under any mortgage insurance program administered by either Secretary).
(3) The term “homeownership program” means a program for homeownership meeting the requirements under this subchapter.
(4) The term “recipient” means an applicant approved to receive a grant under this subchapter or such other entity specified in the approved application that will assume the obligations of the recipient under this subchapter.
(5) The term “resident council” means any incorporated nonprofit organization or association that—
(A) is representative of the tenants of the housing;
(B) adopts written procedures providing for the election of officers on a regular basis; and
(C) has a democratically elected governing board, elected by the tenants of the housing.
(Sept. 1, 1937, ch. 896, title III, § 306, as added Pub. L. 101625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4158; amended Pub. L. 104330, title V, § 501(c)(2), Oct. 26, 1996, 110 Stat. 4042.)
## Notes
Editorial Notes
Amendments1996—Par. (1)(A). Pub. L. 104330, § 501(c)(2)(A), struck out “(including an Indian housing authority)” after “agency”. Par. (2)(A). Pub. L. 104330, § 501(c)(2)(B), struck out “or Indian” after “public”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104330, set out as an Effective Date note under section 4101 of Title 25, Indians.
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# 42 U.S.C. § 1437aaa6 - Relationship to other homeownership opportunities
## Text
The program authorized under this subchapter shall be in addition to any other public housing homeownership and management opportunities, including opportunities under section 1437c(h) 11 See References in Text note below. of this title.
(Sept. 1, 1937, ch. 896, title III, § 307, as added Pub. L. 101625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4159; amended Pub. L. 104330, title V, § 501(c)(3), Oct. 26, 1996, 110 Stat. 4042; Pub. L. 105276, title V, § 518(a)(2)(C), Oct. 21, 1998, 112 Stat. 2551.)
## Notes
Editorial Notes
References in TextSection 1437c(h) of this title, referred to in text, was repealed and a new section 1437c(h), relating to audits, was added by Pub. L. 105276, title V, §§ 518(a)(1)(A), 566, Oct. 21, 1998, 112 Stat. 2551, 2632. See 1998 Amendment note below.
Amendments1998—Pub. L. 105276, which directed amendment of text by striking out “section 5(h) and” in original (a reference to section 1437c(h) of this title), could not be executed because the word “and” does not appear. 1996—Pub. L. 104330 struck out “and subchapter II of this chapter” after “section 1437c(h) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by title V of Pub. L. 105276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105276, set out as a note under section 1437 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104330, set out as an Effective Date note under section 4101 of Title 25, Indians.
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# 42 U.S.C. § 1437aaa7 - Limitation on selection criteria
## Text
In establishing criteria for selecting applicants to receive assistance under this subchapter, the Secretary may not establish any selection criterion or criteria that grant or deny such assistance to an applicant (or have the effect of granting or denying assistance) based on the implementation, continuation, or discontinuation of any public policy, regulation, or law of any jurisdiction in which the applicant or project is located.
(Sept. 1, 1937, ch. 896, title III, § 308, as added Pub. L. 101625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4159.)
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# 42 U.S.C. § 1437aaa8 - Annual report
## Text
The Secretary shall annually submit to the Congress a report setting forth—
(1) the number, type, and cost of public housing units sold pursuant to this subchapter;
(2) the income, race, gender, children, and other characteristics of families participating (or not participating) in homeownership programs funded under this subchapter;
(3) the amount and type of financial assistance provided under and in conjunction with this subchapter;
(4) the amount of financial assistance provided under this subchapter that was needed to ensure continued affordability and meet future maintenance and repair costs; and
(5) the recommendations of the Secretary for statutory and regulatory improvements to the program.
(Sept. 1, 1937, ch. 896, title III, § 309, as added Pub. L. 101625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4159.)
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# 42 U.S.C. § 1437aaa - Program authority
## Text
(a) In general The Secretary is authorized to make—
(1) planning grants to help applicants to develop homeownership programs in accordance with this subchapter; and
(2) implementation grants to carry out homeownership programs in accordance with this subchapter.
(b) Authority to reserve housing assistance In connection with a grant under this subchapter, the Secretary may reserve authority to provide assistance under section 1437f of this title to the extent necessary to provide replacement housing and rental assistance for a nonpurchasing tenant who resides in the project on the date the Secretary approves the application for an implementation grant, for use by the tenant in another project.
(Sept. 1, 1937, ch. 896, title III, § 301, as added Pub. L. 101625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4148; amended Pub. L. 102550, title I, § 181(a)(2)(A), Oct. 28, 1992, 106 Stat. 3735.)
## Notes
Editorial Notes
Amendments1992—Subsec. (c). Pub. L. 102550 struck out subsec. (c) which read as follows: “There are authorized to be appropriated for grants under this subchapter $68,000,000 for fiscal year 1991 and $380,000,000 for fiscal year 1992. Any amount appropriated pursuant to this subsection shall remain available until expended.”
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 101625, title IV, § 401, Nov. 28, 1990, 104 Stat. 4148, provided that: “This title [enacting this subchapter and subchapter IV (§ 12871 et seq.) of chapter 130 of this title, amending sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title and section 1709 of Title 12, Banks and Banking, and enacting provisions set out as notes under this section and sections 1437c and 1437aa of this title] may be cited as the Homeownership and Opportunity Through HOPE Act.”
Establishment and Implementation of Requirements by SecretaryPub. L. 101625, title IV, § 418, Nov. 28, 1990, 104 Stat. 4161, provided that: “Not later than the expiration of the 180-day period beginning on the date that funds authorized under title III of the United States Housing Act of 1937 [this subchapter] first become available for obligation, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this subtitle [subtitle A (§§ 411419) of title IV of Pub. L. 101625, enacting this subchapter, amending sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title, and enacting provisions set out as notes under sections 1437c and 1437aa of this title]. Such requirements shall be subject to section 553 of title 5, United States Code. The Secretary shall issue regulations based on the initial notice before the expiration of the 8-month period beginning on the date of the notice.”
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# 42 U.S.C. § 1437b - Loans and commitments to make loans for low-income housing projects
## Text
(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 chapter 31 of title 31, and the purposes for which securities may be issued under such chapter are extended to include any purchases of such obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.
(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 Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 656; amended Pub. L. 9735, title III, § 322(c), Aug. 13, 1981, 95 Stat. 402; Pub. L. 98479, title II, § 203(b)(1), Oct. 17, 1984, 98 Stat. 2229; Pub. L. 99272, title III, § 3004, Apr. 7, 1986, 100 Stat. 102; renumbered title I, Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681; Pub. L. 101625, title V, § 572(2), Nov. 28, 1990, 104 Stat. 4236.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 4 of act Sept. 1, 1937, ch. 896, 50 Stat. 889, as amended, provided for assistance of officers, etc., of other agencies and transfer of property to the Authority and was classified to section 1404 of this title, prior to the general revision of this chapter by Pub. L. 93383.
Amendments1990—Subsec. (a). Pub. L. 101625 substituted “low-income housing” for “lower income housing” wherever appearing. 1986—Subsec. (c). Pub. L. 99272 added subsec. (c). 1984—Subsec. (b). Pub. L. 98479 substituted “chapter 31 of title 31” for “the Second Liberty Bond Act, as amended” and “such chapter” for “such Act”. 1981—Subsec. (a). Pub. L. 9735 substituted reference to lower income for reference to low-income in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
Carryover of Amounts of Budget Authority; Availability as Appropriation of Funds for GrantsPub. L. 99500, § 101(g) [H.R. 5313, title I], Oct. 18, 1986, 100 Stat. 1783242, and Pub. L. 99591, § 101(g) [H.R. 5313, title I], Oct. 30, 1986, 100 Stat. 3341242; Pub. L. 100202, § 106, Dec. 22, 1987, 101 Stat. 1329433, provided in part: “That the budget authority obligated under contracts for annual contributions shall be increased above amounts heretofore provided in appropriations Acts by $7,805,668,000: Provided further, That any part of the amount of the increase in budget authority provided for in the immediately foregoing proviso that is available under this Act for public housing development and acquisition costs or which is to be used for amendments for such costs, shall be available as an appropriation of funds, to remain available until expended, for grants, which are hereby authorized in lieu of loans under section 4(a) of the United States Housing Act of 1937 (42 U.S.C. 1437b), and which the Secretary may make on substantially the same terms (except for repayment unless repayment is a properly imposed sanction) as those heretofore set forth in annual contributions contracts for loans and annual contributions: Provided further, That during 1987 and thereafter, any amounts of budget authority which are carried over from a prior year, or which are otherwise available for obligation, and which are available for public housing development and acquisition costs, together with any amounts of budget authority which are to be used for amendments for such costs, in accordance with any Act, shall also be made available as an appropriation of funds for grants, under the same terms as those applying under the immediately preceding proviso”.
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# 42 U.S.C. § 1437bbb1 - Flexible grant program
## Text
(a) Authority and use The Secretary shall carry out a demonstration program in accordance with the purposes under section 1437bbb of this title and the provisions of this subchapter. A jurisdiction approved by the Secretary for participation in the program may receive and combine and enter into performance-based contracts for the use of amounts of covered housing assistance, in the manner determined appropriate by the participating jurisdiction, during the period of the jurisdictions participation—
(1) to provide housing assistance and services for low-income families in a manner that facilitates the transition of such families to work;
(2) to reduce homelessness through providing permanent housing solutions;
(3) to increase homeownership among low-income families; or
(4) for other housing purposes for low-income families determined by the participating jurisdiction.
(b) Period of participation A jurisdiction may participate in the demonstration program under this subchapter for a period consisting of not less than 1 nor more than 5 fiscal years.
(c) Participating jurisdictions (1) In general Subject to paragraph (2), during the 4-year period consisting of fiscal years 1999 through 2002, the Secretary may approve for participation in the program under this subchapter not more than an aggregate of 100 jurisdictions over the entire term of the demonstration program. A jurisdiction that was approved for participation in the demonstration program under this subchapter in a fiscal year and that is continuing such participation in any subsequent fiscal year shall count as a single jurisdiction for purposes of the numerical limitation under this paragraph.
(2) Exclusion of high performing agencies Notwithstanding any other provision of this subchapter other than paragraph (4) of this subsection, the Secretary may approve for participation in the demonstration program under this subchapter only jurisdictions served by public housing agencies that—
(A) are not designated as high-performing agencies, pursuant to their most recent scores under the public housing management assessment program under section 1437d(j)(2) of this title (or any successor assessment program for public housing agencies), as of the time of approval; and
(B) have a most recent score under the public housing management assessment program under section 1437d(j)(2) of this title (or any successor assessment program for public housing agencies), as of the time of approval, that is among the lowest 40 percent of the scores of all agencies.
(3) Limitation on troubled and non-troubled PHAs Of the jurisdictions approved by the Secretary for participation in the demonstration program under this subchapter—
(A) not more than 55 may be jurisdictions served by a public housing agency that, at the time of approval, is designated as a troubled agency under the public housing management assessment program under section 1437d(j)(2) of this title (or any successor assessment program for public housing agencies); and
(B) not more than 45 may be jurisdictions served by a public housing agency that, at the time of approval, is not designated as a troubled agency under the public housing management assessment program under section 1437d(j)(2) of this title (or any successor assessment program for public housing agencies).
(4) Exception If the City of Indianapolis, Indiana submits an application for participation in the program under this subchapter and, upon review of the application under section 1437bbb5(b) of this title, the Secretary determines that such application is approvable under this subchapter, the Secretary shall approve such application, notwithstanding the second sentence of section 1437bbb5(b)(2) of this title. Such City shall count for purposes of the numerical limitations on jurisdictions under paragraphs (1) and (3) of this subsection, but the provisions of paragraph (2) of this subsection (relating to exclusion of high-performing agencies) shall not apply to such City.
(Sept. 1, 1937, ch. 896, title IV, § 402, as added Pub. L. 105276, title V, § 561, Oct. 21, 1998, 112 Stat. 2617.)
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# 42 U.S.C. § 1437bbb2 - Program allocation and covered housing assistance
## Text
(a) Program allocation In each fiscal year, the amount made available to each participating jurisdiction under the demonstration program under this subchapter shall be equal to the sum of the amounts of covered housing assistance that would otherwise be made available under the provisions of this chapter to the public housing agency for the jurisdiction.
(b) Covered housing assistance For purposes of this subchapter, the term “covered housing assistance” means—
(1) operating assistance under section 1437g of this title (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998);
(2) modernization assistance under section 1437l of this title (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998);
(3) assistance for the certificate and voucher programs under section 1437f of this title (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998);
(4) assistance from the Operating Fund under section 1437g(e) of this title;
(5) assistance from the Capital Fund under section 1437g(d) of this title; and
(6) tenant-based assistance under section 1437f of this title (as amended by the Quality Housing and Work Responsibility Act of 1998).
(Sept. 1, 1937, ch. 896, title IV, § 403, as added Pub. L. 105276, title V, § 561, Oct. 21, 1998, 112 Stat. 2618.)
## Notes
Editorial Notes
References in TextThe Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (b), is title V of Pub. L. 105276, Oct. 21, 1998, 112 Stat. 2518. Section 503(a) of the Act is set out as an Effective Date of 1998 Amendment note under section 1437 of this title. For complete classification of this Act to the Code, see Tables. Section 1437l of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 105276, title V, § 522(a), Oct. 21, 1998, 112 Stat. 2564.
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# 42 U.S.C. § 1437bbb3 - Applicability of requirements under programs for covered housing assistance
## Text
(a) In general In each fiscal year of the demonstration program under this subchapter, amounts made available to a participating jurisdiction under the demonstration program shall be subject to the same terms and conditions as such amounts would be subject to if made available under the provisions of this chapter pursuant to which covered housing assistance is otherwise made available under this chapter to the public housing agency for the jurisdiction, except that—
(1) the Secretary may waive any such term or condition identified by the jurisdiction to the extent that the Secretary determines such action to be appropriate to carry out the purposes of the demonstration program under this subchapter; and
(2) the participating jurisdiction may combine the amounts made available and use the amounts for any activity eligible under the programs under sections 1437f and 1437g of this title.
(b) Number of families assisted In carrying out the demonstration program under this subchapter, each participating jurisdiction shall assist substantially the same total number of eligible low-income families as would have otherwise been served by the public housing agency for the jurisdiction had the jurisdiction not participated in the demonstration program under this subchapter.
(c) Protection of recipients This subchapter may not be construed to authorize the termination of assistance to any recipient receiving assistance under this chapter before October 21, 1998, as a result of the implementation of the demonstration program under this subchapter.
(d) Effect on ability to compete for other programs This subchapter may not be construed to affect the ability of any applying or participating jurisdiction (or a public housing agency for any such jurisdiction) to compete or otherwise apply for or receive assistance under any other housing assistance program administered by the Secretary.
(Sept. 1, 1937, ch. 896, title IV, § 404, as added Pub. L. 105276, title V, § 561, Oct. 21, 1998, 112 Stat. 2619.)
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# 42 U.S.C. § 1437bbb4 - Program requirements
## Text
(a) Applicability of certain provisions Notwithstanding section 1437bbb3(a)(1) of this title, the Secretary may not waive, with respect to any participating jurisdiction, any of the following provisions:
(1) The first sentence of paragraph (1) of section 1437a(a) of this title (relating to eligibility of low-income families).
(2) Section 1437n of this title (relating to income eligibility and targeting of assistance).
(3) Paragraph (2) of section 1437a(a) of this title (relating to rental payments for public housing families).
(4) Paragraphs (2) and (3) of section 1437f(o) of this title (to the extent such paragraphs limit the amount of rent paid by families assisted with tenant-based assistance).
(5) Section 1437p of this title (relating to demolition or disposition of public housing).
(b) Compliance with assistance plan A participating jurisdiction shall provide assistance using amounts received pursuant to this subchapter in the manner set forth in the plan of the jurisdiction approved by the Secretary under section 1437bbb5(a)(2) of this title.
(Sept. 1, 1937, ch. 896, title IV, § 405, as added Pub. L. 105276, title V, § 561, Oct. 21, 1998, 112 Stat. 2619.)
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# 42 U.S.C. § 1437bbb5 - Application
## Text
(a) In general The Secretary shall provide for jurisdictions to submit applications for approval to participate in the demonstration program under this subchapter. An application—
(1) shall be submitted only after the jurisdiction provides for citizen participation through a public hearing and, if appropriate, other means;
(2) shall include a plan for the provision of housing assistance with amounts received pursuant to this subchapter that—
(A) is developed by the jurisdiction;
(B) takes into consideration comments from the public hearing, any other public comments on the proposed program, and comments from current and prospective residents who would be affected; and
(C) identifies each term or condition for which the jurisdiction is requesting waiver under section 1437bbb3(a)(1) of this title;
(3) shall describe how the plan for use of amounts will assist in meeting the purposes of, and be used in accordance with, sections 1437bbb and 1437bbb1(a) of this title, respectively;
(4) shall propose standards for measuring performance in using assistance provided pursuant to this subchapter based on the performance standards under subsection (b)(4);
(5) shall propose the length of the period for participation of the jurisdiction is 11 So in original. in the demonstration program under this subchapter;
(6) shall—
(A) in the case of the application of any jurisdiction within whose boundaries are areas subject to any other unit of general local government, include the signed consent of the appropriate executive official of such unit to the application; and
(B) in the case of the application of a consortia of units of general local government (as provided under section 1437bbb8(1)(B) of this title), include the signed consent of the appropriate executive officials of each unit included in the consortia;
(7) shall include information sufficient, in the determination of the Secretary—
(A) to demonstrate that the jurisdiction has or will have management and administrative capacity sufficient to carry out the plan under paragraph (2), including a demonstration that the applicant has a history of effectively administering amounts provided under other programs of the Department of Housing and Urban Development, such as the community development block grant program, the HOME investment partnerships program, and the programs for assistance for the homeless under the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11301 et seq.];
(B) to demonstrate that carrying out the plan will not result in excessive duplication of administrative efforts and costs, particularly with respect to activities performed by public housing agencies operating within the boundaries of the jurisdiction;
(C) to describe the function and activities to be carried out by such public housing agencies affected by the plan; and
(D) to demonstrate that the amounts received by the jurisdiction will be maintained separate from other funds available to the jurisdiction and will be used only to carry out the plan;
(8) shall include information describing how the jurisdiction will make decisions regarding asset management of housing for low-income families under programs for covered housing assistance or assisted with grant amounts under this subchapter;
(9) shall—
(A) clearly identify any State or local laws that will affect implementation of the plan under paragraph (2) and any contractual rights and property interests that may be affected by the plan;
(B) describe how the plan will be carried out with respect to such laws, rights, and interests; and
(C) contain a legal memorandum sufficient to describe how the plan will comply with such laws and how the plan will be carried out without violating or impairing such rights and interests; and
(10) shall identify procedures for how the jurisdiction shall return to providing covered assistance for the jurisdiction under the provisions of subchapter I, in the case of determination under subsection (b)(4)(B).
A plan required under paragraph (2) to be included in the application may be contained in a memorandum of agreement or other document executed by a jurisdiction and public housing agency, if such document is submitted together with the application.
(b) Review, approval, and performance standards (1) Review The Secretary shall review each application for participation in the demonstration program under this subchapter and shall determine and notify the jurisdiction submitting the application, not later than 90 days after its submission, of whether the application is approvable under this subchapter. If the Secretary determines that the application of a jurisdiction is approvable under this subchapter, the Secretary shall provide affected public housing agencies an opportunity to review and to provide written comments on the application for a period of not less than 30 days after notification under the preceding sentence. If the Secretary determines that an application is not approvable under this subchapter, the Secretary shall notify the jurisdiction submitting the application of the reasons for such determination. Upon making a determination of whether an application is approvable or nonapprovable under this subchapter, the Secretary shall make such determination publicly available in writing together with a written statement of the reasons for such determination.
(2) Approval The Secretary may approve jurisdictions for participation in the demonstration program under this subchapter, but only from among applications that the Secretary has determined under paragraph 22 So in original. Probably should be preceded by “this”. are approvable under this subchapter and only in accordance with section 1437bbb1(c) of this title. The Secretary shall base the selection of jurisdictions to approve on the potential success, as evidenced by the application, in—
(A) achieving the goals set forth in the performance standards under paragraph (4)(A); and
(B) increasing housing choices for low-income families.
(3) Agreement The Secretary shall offer to enter into an agreement with each jurisdiction approved for participation in the program under this subchapter providing for assistance pursuant to this subchapter for a period in accordance with section 1437bbb1(b) of this title and incorporating a requirement that the jurisdiction achieve a particular level of performance in each of the areas for which performance standards are established under paragraph (4)(A) of this subsection. If the Secretary and the jurisdiction enter into an agreement, the Secretary shall provide any covered housing assistance for the jurisdiction in the manner authorized under this subchapter. The Secretary may not provide covered housing assistance for a jurisdiction in the manner authorized under this subchapter unless the Secretary and jurisdiction enter into an agreement under this paragraph.
(4) Performance standards (A) Establishment The Secretary and each participating jurisdiction may collectively establish standards for evaluating the performance of the participating jurisdiction in meeting the purposes under section 1437bbb of this title, which may include standards for—
(i) moving dependent low-income families to economic self-sufficiency;
(ii) reducing the per-family cost of providing housing assistance;
(iii) expanding the stock of affordable housing and housing choices for low-income families;
(iv) improving program management;
(v) increasing the number of homeownership opportunities for low-income families;
(vi) reducing homelessness through providing permanent housing resources;
(vii) reducing geographic concentration of assisted families; and
(viii) any other performance goals that the Secretary and the participating jurisdiction may establish.
(B) Failure to comply If, at any time during the participation of a jurisdiction in the program under this subchapter, the Secretary determines that the jurisdiction is not sufficiently meeting, or making progress toward meeting, the levels of performance incorporated into the agreement of the jurisdiction pursuant to subparagraph (A), the Secretary shall terminate the participation of the jurisdiction in the program under this subchapter and require the implementation of the procedures included in the application of the jurisdiction pursuant to subsection (a)(10).
(5) Troubled agencies The Secretary may establish requirements for the approval of applications under this section submitted by public housing agencies designated under section 1437d(j)(2) of this title as troubled, which may include additional or different criteria determined by the Secretary to be more appropriate for such agencies.
(c) Status of PHAs This subchapter may not be construed to require any change in the legal status of any public housing agency or in any legal relationship between a jurisdiction and a public housing agency as a condition of participation in the program under this subchapter.
(d) PHA plans In carrying out this subchapter, the Secretary may provide for a streamlined public housing agency plan and planning process under section 1437c1 of this title for participating jurisdictions.
(Sept. 1, 1937, ch. 896, title IV, § 406, as added Pub. L. 105276, title V, § 561, Oct. 21, 1998, 112 Stat. 2620; amended Pub. L. 106400, § 2, Oct. 30, 2000, 114 Stat. 1675.)
## Notes
Editorial Notes
References in TextThe McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(7)(A), is Pub. L. 10077, July 22, 1987, 101 Stat. 482, which is classified principally to chapter 119 (§ 11301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables.
Amendments2000—Subsec. (a)(7)(A). Pub. L. 106400 substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act”.
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# 42 U.S.C. § 1437bbb6 - Training
## Text
The Secretary, in consultation with representatives of public and assisted housing interests, may provide training and technical assistance relating to providing assistance under this subchapter and may conduct detailed evaluations of up to 30 jurisdictions for the purpose of identifying replicable program models that are successful at carrying out the purposes of this subchapter.
(Sept. 1, 1937, ch. 896, title IV, § 407, as added Pub. L. 105276, title V, § 561, Oct. 21, 1998, 112 Stat. 2623.)
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# 42 U.S.C. § 1437bbb7 - Accountability
## Text
(a) Maintenance of records Each participating jurisdiction shall maintain such records as the Secretary may require to—
(1) document the amounts received by the jurisdiction under this chapter and the disposition of such amounts under the demonstration program under this subchapter;
(2) ensure compliance by the jurisdiction with this subchapter; and
(3) evaluate the performance of the jurisdiction under the demonstration program under this subchapter.
(b) Reports Each participating jurisdiction shall annually submit to the Secretary a report in a form and at a time specified by the Secretary, which shall include—
(1) documentation of the use of amounts made available to the jurisdiction under this subchapter;
(2) any information as the Secretary may request to assist the Secretary in evaluating the demonstration program under this subchapter; and
(3) a description and analysis of the effect of assisted activities in addressing the objectives of the demonstration program under this subchapter.
(c) Access to documents by Secretary and Comptroller General The Secretary and the Comptroller General of the United States, or any duly authorized representative of the Secretary or the Comptroller General, shall have access for the purpose of audit and examination to any books, documents, papers, and records maintained by a participating jurisdiction that relate to the demonstration program under this subchapter.
(d) Performance review and evaluation (1) Performance review Based on the performance standards established under section 1437bbb5(b)(4) of this title, the Secretary shall monitor the performance of participating jurisdictions in providing assistance under this subchapter.
(2) Status report Not later than 60 days after the conclusion of the second year of the demonstration program under this subchapter, the Secretary shall submit to Congress an interim report on the status of the demonstration program and the progress each participating jurisdiction in achieving the purposes of the demonstration program under section 1437bbb of this title.
(Sept. 1, 1937, ch. 896, title IV, § 408, as added Pub. L. 105276, title V, § 561, Oct. 21, 1998, 112 Stat. 2623.)
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# 42 U.S.C. § 1437bbb8 - Definitions
## Text
For purposes of this subchapter, the following definitions shall apply:
(1) Jurisdiction The term “jurisdiction” means—
(A) a unit of general local government (as such term is defined in section 12704 of this title) that has boundaries, for purposes of carrying out this subchapter, that—
(i) wholly contain the area within which a public housing agency is authorized to operate; and
(ii) do not contain any areas contained within the boundaries of any other participating jurisdiction; and
(B) a consortia of such units of general local government, organized for purposes of this subchapter.
(2) Participating jurisdiction The term “participating jurisdiction” means, with respect to a period for which such an agreement is made, a jurisdiction that has entered into an agreement under section 1437bbb5(b)(3) of this title to receive assistance pursuant to this subchapter for such fiscal year.
(Sept. 1, 1937, ch. 896, title IV, § 409, as added Pub. L. 105276, title V, § 561, Oct. 21, 1998, 112 Stat. 2624.)
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# 42 U.S.C. § 1437bbb9 - Termination and evaluation
## Text
(a) Termination The demonstration program under this subchapter shall terminate not less than 2 and not more than 5 years after the date on which the demonstration program is commenced.
(b) Evaluation Not later than 6 months after the termination of the demonstration program under this subchapter, the Secretary shall submit to the Congress a final report, which shall include—
(1) an evaluation 11 So in original. Probably should be followed by “of”. the effectiveness of the activities carried out under the demonstration program; and
(2) any findings and recommendations of the Secretary for any appropriate legislative action.
(Sept. 1, 1937, ch. 896, title IV, § 410, as added Pub. L. 105276, title V, § 561, Oct. 21, 1998, 112 Stat. 2624.)
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# 42 U.S.C. § 1437bbb - Purpose
## Text
The purpose of this subchapter is to demonstrate the effectiveness of authorizing local governments and municipalities, in coordination with the public housing agencies for such jurisdictions—
(1) to receive and combine program allocations of covered housing assistance; and
(2) to design creative approaches for providing and administering Federal housing assistance based on the particular needs of the jurisdictions that—
(A) provide incentives to low-income families with children whose head of the household is employed, seeking employment, or preparing for employment by participating in a job training or educational program, or any program that otherwise assists individuals in obtaining employment and attaining economic self-sufficiency;
(B) reduce costs of Federal housing assistance and achieve greater cost-effectiveness in Federal housing assistance expenditures;
(C) increase the stock of affordable housing and housing choices for low-income families;
(D) increase homeownership among low-income families;
(E) reduce geographic concentration of assisted families;
(F) reduce homelessness through providing permanent housing solutions;
(G) improve program management; and
(H) achieve such other purposes with respect to low-income families, as determined by the participating local governments and municipalities in coordination with the public housing agencies; 11 So in original. The semicolon probably should be a period.
(Sept. 1, 1937, ch. 896, title IV, § 401, as added Pub. L. 105276, title V, § 561, Oct. 21, 1998, 112 Stat. 2616.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateAct Sept. 1, 1937, ch. 896, title IV, § 411, as added by Pub. L. 105276, title V, § 561, Oct. 21, 1998, 112 Stat. 2624, provided that: “This title [enacting this subchapter] shall take effect on the date of the enactment of the Quality Housing and Work Responsibility Act of 1998 [Oct. 21, 1998].”
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# 42 U.S.C. § 1437c1 - Public housing agency plans
## Text
(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 section 1437f(o) or 1437g of this title.
(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 section 1437f(o) of this title administered by the agency, is 550 or fewer.
(ii) The agency is not designated under section 1437d(j)(2) of this title as a troubled public housing agency, and does not have a failing score under the section 8 [42 U.S.C. 1437f] Management Assessment Program during the prior 12 months.
(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 [42 U.S.C. 12701 et seq.], and contains a certification by the appropriate State or local official that the plan meets the requirements of this paragraph and a description of the manner in which the applicable contents of the public housing agency plan are consistent with the comprehensive housing affordability strategy.
(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 section 1437f(o) of this title, including—
(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 section 1437d(r) of this title; and
(B) the admissions policy under section 1437n(a)(3)(B) of this title for deconcentration of lower-income families.
(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 section 1437f(o) of this title.
(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 section 1437p of this title; and
(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 section 1437e of this title.
(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 section 1437z5 of this title or that the public housing agency plans to voluntarily convert under section 1437t of this title;
(B) an analysis of the projects or buildings required to be converted under section 1437z5 of this title; and
(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 section 1437f(y) of this title or for which the public housing agency has applied or will apply for approval under section 1437z4 of this title.
(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 section 1437j of this title (relating to community service and treatment of income changes resulting from welfare program requirements).
(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 section 1437z3 of this title, relating to pet ownership in public housing.
(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 [42 U.S.C. 2000d et seq.], the Fair Housing Act [42 U.S.C. 3601 et seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], and title II of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131 et seq.], and will affirmatively further fair housing.
(17) Annual audit The results of the most recent fiscal year audit of the public housing agency under section 1437c(h)(2) of this title.
(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 11 So in original. The word “that” probably should not appear. 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 [42 U.S.C. 12701 et seq.] for the jurisdiction in which the public housing agency is located; and
(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 chapter 7 of title 5 or an action regarding such compliance under section 1983 of this title.
(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 section 1437d(j)(2) of this title or is designated as troubled under section 1437d(j)(2) of this title, that the public housing agency plan for such agency include such additional information as the Secretary determines to be appropriate, in accordance with such standards as the Secretary may establish or in accordance with such determinations as the Secretary may make on an agency-by-agency basis.
(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 section 1437d(j)(2) of this title.
(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 section 1437d(j)(2) of this title; and
(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 Pub. L. 105276, title V, § 511(a), Oct. 21, 1998, 112 Stat. 2531; amended Pub. L. 109162, title VI, § 603, Jan. 5, 2006, 119 Stat. 3040; Pub. L. 110289, div. B, title VII, § 2702, July 30, 2008, 122 Stat. 2863.)
## Notes
Editorial Notes
References in TextThe Cranston-Gonzalez National Affordable Housing Act, referred to in subsecs. (c)(2)(B) and (i)(1)(B), is Pub. L. 101625, Nov. 28, 1990, 104 Stat. 4079. Title I of the Act is classified generally to subchapter I (§ 12701 et seq.) of chapter 130 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (d)(16), is Pub. L. 88352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Fair Housing Act, referred to in subsec. (d)(16), is title VIII of Pub. L. 90284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (d)(16), is Pub. L. 101336, July 26, 1990, 104 Stat. 327. Title II of the Act is classified generally to subchapter II (§ 12131 et seq.) of chapter 126 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.
Amendments2008—Subsec. (b)(3). Pub. L. 110289, § 2702(a), added par. (3). Subsec. (e)(4). Pub. L. 110289, § 2702(b)(1), added par. (4). Subsec. (f). Pub. L. 110289, § 2702(b)(1), inserted subsec. designation and heading. Subsec. (f)(5). Pub. L. 110289, § 2702(b)(2), added par. (5). 2006—Subsec. (a)(1). Pub. L. 109162, § 603(1)(A), substituted “paragraph (3)” for “paragraph (2)”. Subsec. (a)(2), (3). Pub. L. 109162, § 603(1)(B), (C), added par. (2) and redesignated former par. (2) as (3). Subsec. (d)(13) to (19). Pub. L. 109162, § 603(2), (3), added par. (13) and redesignated former pars. (13) to (18) as (14) to (19), respectively.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 105276, title V, § 511(e), Oct. 21, 1998, 112 Stat. 2539, provided that: “This section [enacting this section, amending section 1437d of this title, and enacting provisions set out as notes under this section] shall take effect, and the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act [Oct. 21, 1998].”
RegulationsPub. L. 105276, title V, § 511(b), Oct. 21, 1998, 112 Stat. 2538, provided that: “(1) Interim rule.—Not later than 120 days after the date of the enactment of this Act [Oct. 21, 1998], the Secretary shall issue an interim rule to require the submission of an interim public housing agency plan by each public housing agency, as required by section 5A of the United States Housing Act of 1937 [42 U.S.C. 1437c1] (as added by subsection (a) of this section). The interim rule shall provide for a public comment period of not less than 60 days. “(2) Final regulations.—Not later than 1 year after the date of the enactment of this Act [Oct. 21, 1998], the Secretary shall issue final regulations implementing section 5A of the United States Housing Act of 1937 [42 U.S.C. 1437c1] (as added by subsection (a) of this section). “(3) Factors for consideration.—Before the publication of the final regulations under paragraph (2), in addition to public comments invited in connection with the publication of the interim rule, the Secretary shall—“(A) seek recommendations on the implementation of section 5A of the United States Housing Act of 1937 [42 U.S.C. 1437c1] (as added by this [sic] subsection (a) of this section) from organizations representing—“(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 Developments response to such recommendations and comments.”
Audit and Review; ReportPub. L. 105276, title V, § 511(c), Oct. 21, 1998, 112 Stat. 2538, provided that: “(1) Audit and review.—Not later than 1 year after the effective date of final regulations issued under subsection (b)(2) [set out as a note above], in order to determine the degree of compliance, by public housing agencies, with public housing agency plans approved under section 5A of the United States Housing Act of 1937 [42 U.S.C. 1437c1] (as added by subsection (a) of this section), the Comptroller General of the United States shall conduct—“(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) Report.—Not later than 2 years after the date on which public housing agency plans are initially required to be submitted under section 5A of the United States Housing Act of 1937 [42 U.S.C. 1437c1] (as added by subsection (a) of this section) the Comptroller General of the United States shall submit to the Congress a report, which shall include—“(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).”
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# 42 U.S.C. § 1437e - Designated housing for elderly and disabled families
## Text
(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) 11 See References in Text note below. 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 section 1437f of this title, at a rental rate paid by the tenant that is comparable to that applicable to the unit from which the person or family has vacated; and
(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 section 12705 of this title; and
(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 [42 U.S.C. 4601 et seq.] because of the designation of any existing project or building, or portion thereof, for occupancy as provided under subsection (a) of this section.
(Sept. 1, 1937, ch. 896, title I, § 7, as added Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 662; amended Pub. L. 95557, title IV, § 412, Oct. 31, 1978, 92 Stat. 2110; Pub. L. 100242, title I, § 112(b)(3), Feb. 5, 1988, 101 Stat. 1824; renumbered title I, Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681; amended Pub. L. 102550, title VI, § 622(a), Oct. 28, 1992, 106 Stat. 3813; Pub. L. 10499, title IV, § 402(d)(6)(A)(ii), Jan. 26, 1996, 110 Stat. 42; Pub. L. 104120, § 10(a), Mar. 28, 1996, 110 Stat. 838; Pub. L. 104330, title V, § 501(b)(4), Oct. 26, 1996, 110 Stat. 4042; Pub. L. 105276, title V, § 595(d), Oct. 21, 1998, 112 Stat. 2656.)
## Notes
Editorial Notes
References in TextSection 1437n(e)(1)(B) of this title, referred to in subsec. (b), was repealed by Pub. L. 105276, title V, § 576(d)(2), Oct. 21, 1998, 112 Stat. 2640. Section 1701q of title 12, referred to in subsec. (d)(2)(D), was amended generally by Pub. L. 101625, title VIII, § 801(a), Nov. 28, 1990, 104 Stat. 4297, and, as so amended, does not contain a subsec. (d)(8) or a definition of the term “related facilities”. 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, Pub. L. 91646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§ 4601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.
Prior ProvisionsA prior section 7 of act Sept. 1, 1937, ch. 896, 50 Stat. 891, as amended, required publication of information and submission of annual report by the Authority and was classified to section 1407 of this title, prior to the general revision of this chapter by Pub. L. 93383.
Amendments1998—Subsec. (h). Pub. L. 105276 struck out heading and text of subsec. (h). Text read as follows: “The provisions of this section shall not apply with respect to low-income housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority.” 1996—Pub. L. 104330, § 501(b)(4), which directed amendment of “subsection 7” of the United States Housing Act of 1937, probably meaning this section, by striking subsec. (l), could not be executed because this section does not contain a subsec. (l). Pub. L. 104120 amended section generally, restating former subsecs. (a) to (g) relating to designated housing as subsecs. (a) to (h) relating to designated housing for elderly and disabled families. Subsec. (a)(2). Pub. L. 10499, which directed the temporary amendment of par. (2) by substituting “in accordance with the written system of preferences for selection established pursuant to” for “according to the preferences for occupancy under”, could not be executed because of the amendment by Pub. L. 104120 which amended section generally retroactive to Oct. 1, 1995. See Effective and Termination Dates of 1996 Amendments note below. 1992—Pub. L. 102550 amended section generally, substituting present provisions for provisions relating to and defining “congregate housing” and providing for design, development, and acquisition of congregate housing for displaced or elderly families, limitation on amounts for contracts for congregate housing, and costs for central dining facilities. 1988—Pub. L. 100242 struck out “annual” before “contributions” in proviso. 1978—Pub. L. 95557 substituted “(1) low-rent housing which, as of January 1, 1979, was built or under construction, with which there is connected a central dining facility where wholesome and economical meals can be served to such occupants; or (2) low-rent housing constructed after, but not under construction prior to, January 1, 1979, connected with which there is a central dining facility to provide wholesome and economical meals for such occupants. Such occupants of congregate housing may also be provided with other supportive services appropriate to their needs under title IV of the Housing and Community Development Amendments of 1978” for “low-income housing (A) in which some or all of the dwelling units do not have kitchen facilities, and (B) connected with which there is a central dining facility to provide wholesome and economical meals for elderly and displaced families under terms and conditions prescribed by the public housing agency to permit a generally self-supporting operation”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1996 AmendmentsAmendment by Pub. L. 104330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104330, set out as an Effective Date note under section 4101 of Title 25, Indians. Amendment by Pub. L. 104120 to be construed to have become effective Oct. 1, 1995, notwithstanding the effective date of any regulations issued by Secretary of Housing and Urban Development to implement amendments by sections 9 and 10 of Pub. L. 104120 or any failure by Secretary to issue any such regulations, see section 13 of Pub. L. 104120, set out as a note under section 1437d of this title. Amendment by Pub. L. 10499 effective Jan. 26, 1996, only for fiscal years 1996, 1997, and 1998, and to cease to be effective Oct. 21, 1998, see section 402(f) of Pub. L. 10499, as amended, and section 514(f) of Pub. L. 105276, set out as notes under section 1437a of this title.
Effective Date of 1992 AmendmentAmendment by subtitles B through F of title VI [§§ 621685] of Pub. L. 102550 applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as otherwise provided, see section 13642 of this title.
Inapplicability of Certain 1992 Amendments to Indian Public HousingAmendment by Pub. L. 102550 not applicable with respect to lower income housing developed or operated pursuant to contract between Secretary of Housing and Urban Development and Indian housing authority, see section 626 of Pub. L. 102550, set out as a note under section 1437a of this title.
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# 42 U.S.C. § 1437f1 - Repealed. Pub. L. 1166, div. G, title II, § 236, Feb. 15, 2019, 133 Stat. 467
## Notes
Section, Pub. L. 113235, div. K, title II, § 221, Dec. 16, 2014, 128 Stat. 2754, related to report on section 8 project-based housing.
Provisions similar to those in this section were contained in the following prior act:
Pub. L. 11376, div. L, title II, § 225, Jan. 17, 2014, 128 Stat. 632.
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# 42 U.S.C. § 1437ff - Transferred
## Notes
Editorial Notes
Codification Section, Pub. L. 101625, title IX, § 959, Nov. 28, 1990, 104 Stat. 4423, which related to waiver of matching funds requirements in Indian housing programs, was transferred to section 4104 of Title 25, Indians.
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# 42 U.S.C. § 1437h - Implementation of provisions by Secretary
## Text
(a) Preparation and submission of annual budget program; maintenance of accounts; audit by Government Accountability Office In the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter, the Secretary, notwithstanding the provisions of any other law, shall—
(1) prepare annually and submit a budget program as provided for wholly owned Government corporations by chapter 91 of title 31; and
(2) maintain an integral set of accounts which may be audited by the Government Accountability Office as provided by chapter 91 of title 31.
(b) Availability of receipts and assets All receipts and assets of the Secretary under this chapter shall be available for the purposes of this chapter until expended.
(c) Federal Reserve banks to act as depositories, custodians and fiscal agents; reimbursement for services The Federal Reserve banks are authorized and directed to act as depositories, custodians, and fiscal agents for the Secretary in the general exercise of his powers under this chapter, and the Secretary may reimburse any such bank for its services in such manner as may be agreed upon.
(Sept. 1, 1937, ch. 896, title I, § 10, as added Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 666; amended Pub. L. 98479, title II, § 203(b)(2), Oct. 17, 1984, 98 Stat. 2229; renumbered title I, Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681; Pub. L. 104316, title I, § 122(k), Oct. 19, 1996, 110 Stat. 3837; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 10 of act Sept. 1, 1937, ch. 896, 50 Stat. 891, as amended, authorized annual contributions in assistance of low rentals for housing projects and was classified to section 1410 of this title, prior to the general revision of this chapter by Pub. L. 93383. Similar provisions are contained in section 1437c of this title.
Amendments2004—Subsec. (a)(2). Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office”. 1996—Subsec. (a)(2). Pub. L. 104316 substituted “maintain an integral set of accounts which may be audited by the General Accounting Office as provided by chapter 91 of title 31.” for “maintain an integral set of accounts which shall be audited annually by the General Accounting Office in accordance with the principles and procedures applicable to commercial transactions as provided by chapter 91 of title 31, and no other audit shall be required.” 1984—Subsec. (a)(1), (2). Pub. L. 98479 substituted “chapter 91 of title 31” for “the Government Corporations Control Act, as amended”.
@@ -0,0 +1,49 @@
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# 42 U.S.C. § 1437i - Obligations of public housing agencies; contestability; full faith and credit of United States pledged as security; tax exemption
## Text
(a) Obligations issued by a public housing agency in connection with low-income housing projects which (1) are secured (A) by a pledge of a loan under any agreement between such public housing agency and the Secretary, or (B) by a pledge of annual contributions under an annual contributions contract between such public housing agency and the Secretary, or (C) by a pledge of both annual contributions under an annual contributions contract and a loan under an agreement between such public housing agency and the Secretary, and (2) bear, or are accompanied by, a certificate of the Secretary that such obligations are so secured, shall be incontestable in the hands of a bearer and the full faith and credit of the United States is pledged to the payment of all amounts agreed to be paid by the Secretary as security for such obligations.
(b) Except as provided in section 1437c(g) of this title, obligations, including interest thereon, issued by public housing agencies in connection with low-income housing projects shall be exempt from all taxation now or hereafter imposed by the United States whether paid by such agencies or by the Secretary. The income derived by such agencies from such projects shall be exempt from all taxation now or hereafter imposed by the United States.
(Sept. 1, 1937, ch. 896, title I, § 11, as added Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 667; amended Pub. L. 9735, title III, § 322(c), Aug. 13, 1981, 95 Stat. 402; renumbered title I, Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681; Pub. L. 101625, title V, § 572(2), Nov. 28, 1990, 104 Stat. 4236.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 11 of act Sept. 1, 1937, ch. 896, 50 Stat. 893, as amended, authorized capital grants to public housing agencies in assistance of low rentals and was classified to section 1411 of this title, prior to the general revision of this chapter by Pub. L. 93383.
Amendments1990—Pub. L. 101625 substituted “low-income housing” for “lower income housing” wherever appearing. 1981—Pub. L. 9735 substituted reference to lower income for reference to low-income wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
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# 42 U.S.C. § 1437j1 - Repealed. Pub. L. 105276, title V, § 582(a)(5), Oct. 21, 1998, 112 Stat. 2643
## Notes
Section, Pub. L. 9735, title III, § 329A, Aug. 13, 1981, 95 Stat. 409, related to payment for development managers of projects assisted under this chapter.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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 Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
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# 42 U.S.C. § 1437j - Labor standards and community service requirement
## Text
(a) Payment of wages prevailing in locality Any contract for loans, contributions, sale, or lease pursuant to this chapter shall contain a provision requiring that not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, and technicians employed in the development, and all maintenance laborers and mechanics employed in the operation, of the low-income housing project involved; and shall also contain a provision that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to sections 31413144, 3146, and 3147 of title 40, shall be paid to all laborers and mechanics employed in the development of the project involved (including a project with nine or more units assisted under section 1437f of this title, where the public housing agency or the Secretary and the builder or sponsor enter into agreement for such use before construction or rehabilitation is commenced), and the Secretary shall require certification as to compliance with the provisions of this section prior to making any payment under such contract.
(b) Exception for volunteers Subsection (a) and the provisions relating to wages (pursuant to subsection (a)) in any contract for loans, annual contributions, sale, or lease pursuant to this chapter, shall not apply to any individual that—
(1) performs services for which the individual volunteered;
(2) (A) does not receive compensation for such services; or
(B) is paid expenses, reasonable benefits, or a nominal fee for such services; and
(3) is not otherwise employed at any time in the construction work.
(c) Community service requirement (1) In general Except as provided in paragraph (2) and notwithstanding any other provision of law, each adult resident of a public housing project shall—
(A) contribute 8 hours per month of community service (not including political activities) within the community in which that adult resides; or
(B) participate in an economic self-sufficiency program (as that term is defined in subsection (g)) for 8 hours per month.
(2) Exemptions The Secretary shall provide an exemption from the applicability of paragraph (1) for any individual who—
(A) is 62 years of age or older;
(B) is a blind or disabled individual, as defined under section 216(i)(1) or 1614 of the Social Security Act (42 U.S.C. 416(i)(1); 1382c), and who is unable to comply with this section, or is a primary caretaker of such individual;
(C) is engaged in a work activity (as such term is defined in section 407(d) of the Social Security Act (42 U.S.C. 607(d)), as in effect on and after July 1, 1997)); 11 So in original. Probably should be only one closing parenthesis.
(D) meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program; or
(E) is in a family receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program, and has not been found by the State or other administering entity to be in noncompliance with such program.
(3) Annual determinations (A) Requirement For each public housing resident subject to the requirement under paragraph (1), the public housing agency shall, 30 days before the expiration of each lease term of the resident under section 1437d(l)(1) of this title, review and determine the compliance of the resident with the requirement under paragraph (1) of this subsection.
(B) Due process Such determinations shall be made in accordance with the principles of due process and on a nondiscriminatory basis.
(C) Noncompliance If an agency determines that a resident subject to the requirement under paragraph (1) has not complied with the requirement, the agency—
(i) shall notify the resident—
(I) of such noncompliance;
(II) that the determination of noncompliance is subject to the administrative grievance procedure under subsection (k); 22 See References in Text note below. and
(III) that, unless the resident enters into an agreement under clause (ii) of this subparagraph, the residents lease will not be renewed; and
(ii) may not renew or extend the residents lease upon expiration of the lease term and shall take such action as is necessary to terminate the tenancy of the household, unless the agency enters into an agreement, before the expiration of the lease term, with the resident providing for the resident to cure any noncompliance with the requirement under paragraph (1), by participating in an economic self-sufficiency program for or contributing to community service as many additional hours as the resident needs to comply in the aggregate with such requirement over the 12-month term of the lease.
(4) Ineligibility for occupancy for noncompliance A public housing agency may not renew or extend any lease, or provide any new lease, for a dwelling unit in public housing for any household that includes an adult member who was subject to the requirement under paragraph (1) and failed to comply with the requirement.
(5) Inclusion in plan Each public housing agency shall include in its public housing agency plan a detailed description of the manner in which the agency intends to implement and administer this subsection.
(6) Geographic location The requirement under paragraph (1) may include community service or participation in an economic self-sufficiency program performed at a location not owned by the public housing agency.
(7) Prohibition against replacement of employees In carrying out this subsection, a public housing agency may not—
(A) substitute community service or participation in an economic self-sufficiency program, as described in paragraph (1), for work performed by a public housing employee; or
(B) supplant a job at any location at which community work requirements are fulfilled.
(8) Third-party coordinating A public housing agency may administer the community service requirement under this subsection directly, through a resident organization, or through a contractor having experience in administering volunteer-based community service programs within the service area of the public housing agency. The Secretary may establish qualifications for such organizations and contractors.
(d) Treatment of income changes resulting from welfare program requirements (1) Covered family For purposes of this subsection, the term “covered family” means a family that (A) receives benefits for welfare or public assistance from a State or other public agency under a program for which the Federal, State, or local law relating to the program requires, as a condition of eligibility for assistance under the program, participation of a member of the family in an economic self-sufficiency program, and (B) resides in a public housing dwelling unit or is provided tenant-based assistance under section 1437f of this title.
(2) Decreases in income for failure to comply (A) In general Notwithstanding the provisions of section 1437a(a) of this title (relating to family rental contributions) or paragraph (4) or (5) of section 1437a(b) of this title (relating to definition of income and adjusted income), if the welfare or public assistance benefits of a covered family are reduced under a Federal, State, or local law regarding such an assistance program because of any failure of any member of the family to comply with the conditions under the assistance program requiring participation in an economic self-sufficiency program or imposing a work activities requirement, the amount required to be paid by the family as a monthly contribution toward rent may not be decreased, during the period of the reduction, as a result of any decrease in the income of the family (to the extent that the decrease in income is a result of the benefits reduction).
(B) No reduction based on time limit for assistance For purposes of this paragraph, a reduction in benefits as a result of the expiration of a lifetime time limit for a family receiving welfare or public assistance benefits shall not be considered to be a failure to comply with the conditions under the assistance program requiring participation in an economic self-sufficiency program or imposing a work activities requirement. This paragraph shall apply beginning on October 21, 1998.
(3) Effect of fraud Notwithstanding the provisions of section 1437a(a) of this title (relating to family rental contributions) or paragraph (4) or (5) of section 1437a(b) of this title (relating to definition of income and adjusted income), if the welfare or public assistance benefits of a covered family are reduced because of an act of fraud by a member of the family under the law or program, the amount required to be paid by the covered family as a monthly contribution toward rent may not be decreased, during the period of the reduction, as a result of any decrease in the income of the family (to the extent that the decrease in income is a result of the benefits reduction). This paragraph shall apply beginning on October 21, 1998.
(4) Notice Paragraphs (2) and (3) shall not apply to any covered family before the public housing agency providing assistance under this chapter on behalf of the family obtains written notification from the relevant welfare or public assistance agency specifying that the familys benefits have been reduced because of noncompliance with economic self-sufficiency program or work activities requirements or fraud, and the level of such reduction.
(5) Occupancy rights This subsection may not be construed to authorize any public housing agency to establish any time limit on tenancy in a public housing dwelling unit or on receipt of tenant-based assistance under section 1437f of this title.
(6) Review Any covered family residing in public housing that is affected by the operation of this subsection shall have the right to review the determination under this subsection through the administrative grievance procedure established pursuant to section 1437d(k) of this title for the public housing agency.
(7) Cooperation agreements for economic self-sufficiency activities (A) Requirement A public housing agency providing public housing dwelling units or tenant-based assistance under section 1437f of this title for covered families shall make its best efforts to enter into such cooperation agreements, with State, local, and other agencies providing assistance to covered families under welfare or public assistance programs, as may be necessary, to provide for such agencies to transfer information to facilitate administration of subsection (c) and paragraphs (2), (3), and (4) of this subsection and other information regarding rents, income, and assistance that may assist a public housing agency or welfare or public assistance agency in carrying out its functions.
(B) Contents A public housing agency shall seek to include in a cooperation agreement under this paragraph requirements and provisions designed to target assistance under welfare and public assistance programs to families residing in public housing projects and families receiving tenant-based assistance under section 1437f of this title, which may include providing for economic self-sufficiency services within such housing, providing for services designed to meet the unique employment-related needs of residents of such housing and recipients of such assistance, providing for placement of workfare positions on-site in such housing, and such other elements as may be appropriate.
(C) Confidentiality This paragraph may not be construed to authorize any release of information prohibited by, or in contravention of, any other provision of Federal, State, or local law.
(e) Lease provisions A public housing agency shall incorporate into leases under section 1437d(l) of this title and into agreements for the provision of tenant-based assistance under section 1437f of this title, provisions incorporating the conditions under subsection (d).
(f) Treatment of income Notwithstanding any other provision of this section, in determining the income of a family who resides in public housing or receives tenant-based assistance under section 1437f of this title, a public housing agency shall consider any decrease in the income of a family that results from the reduction of any welfare or public assistance benefits received by the family under any Federal, State, or local law regarding a program for such assistance if the family (or a member thereof, as applicable) has complied with the conditions for receiving such assistance and is unable to obtain employment notwithstanding such compliance.
(g) Definition For purposes of this section, the term “economic self-sufficiency program” means any program designed to encourage, assist, train, or facilitate the economic independence of participants and their families or to provide work for participants, including programs for job training, employment counseling, work placement, basic skills training, education, workfare, financial or household management, apprenticeship, or other activities as the Secretary may provide.
(Sept. 1, 1937, ch. 896, title I, § 12, as added Pub. L. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 667; amended Pub. L. 9735, title III, § 322(c), Aug. 13, 1981, 95 Stat. 402; Pub. L. 100242, title I, § 112(b)(5), Feb. 5, 1988, 101 Stat. 1824; renumbered title I, Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681; Pub. L. 101625, title V, § 572(2), title IX, § 955(b), Nov. 28, 1990, 104 Stat. 4236, 4421; Pub. L. 105276, title V, § 512(a), Oct. 21, 1998, 112 Stat. 2539.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (c)(2)(D), (E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. Subsection (k), referred to in subsec. (c)(3)(C)(i)(II), probably means section 1437d(k) of this title, which relates to administrative grievance procedures. This section does not contain a subsec. (k).
Codification In subsec. (a), “sections 31413144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act (49 Stat. 1011)” on authority of Pub. L. 107217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
Prior ProvisionsA prior section 12 of act Sept. 1, 1937, ch. 896, 50 Stat. 894, as amended, authorized the disposal of low-rent housing projects transferred to or acquired by the Authority and was classified to section 1412 of this title, prior to the general revision of this chapter by Pub. L. 93383.
Amendments1998—Pub. L. 105276, § 512(a)(1), inserted “and community service requirement” after “Labor standards” in section catchline. Subsecs. (c) to (g). Pub. L. 105276, § 512(a)(2), added subsecs. (c) to (g). 1990—Pub. L. 101625, § 955(b), designated existing provisions as subsec. (a) and added subsec. (b). Pub. L. 101625, § 572(2), substituted “low-income housing” for “lower income housing”. 1988—Pub. L. 100242 struck out “annual” before “contributions”. 1981—Pub. L. 9735 substituted reference to lower income for reference to low-income.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by title V of Pub. L. 105276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105276, set out as a note under section 1437 of this title.
Effective Date of 1990 AmendmentSection 955(d) of Pub. L. 101625 provided that: “The amendments made by this section [amending this section, section 5310 of this title, and section 1701q of Title 12, Banks and Banking] shall apply to any volunteer services provided before, on, or after the date of the enactment of this Act [Nov. 28, 1990], except that such amendments may not be construed to require the repayment of any wages paid before the date of the enactment of this Act for services provided before such date.”
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
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# 42 U.S.C. § 1437k - Consortia, joint ventures, affiliates, and subsidiaries of public housing agencies
## Text
(a) Consortia (1) In general Any 2 or more public housing agencies may participate in a consortium for the purpose of administering any or all of the housing programs of those public housing agencies in accordance with this section.
(2) Effect With respect to any consortium described in paragraph (1)—
(A) any assistance made available under this subchapter to each of the public housing agencies participating in the consortium shall be paid to the consortium; and
(B) all planning and reporting requirements imposed upon each public housing agency participating in the consortium with respect to the programs operated by the consortium shall be consolidated.
(3) Restrictions (A) Agreement Each consortium described in paragraph (1) shall be formed and operated in accordance with a consortium agreement, and shall be subject to the requirements of a joint public housing agency plan, which shall be submitted by the consortium in accordance with section 1437c1 of this title.
(B) Minimum requirements The Secretary shall specify minimum requirements relating to the formation and operation of consortia and the minimum contents of consortium agreements under this paragraph.
(b) Joint ventures (1) In general Notwithstanding any other provision of law, a public housing agency, in accordance with the public housing agency plan, may—
(A) form and operate wholly owned or controlled subsidiaries (which may be nonprofit corporations) and other affiliates, any of which may be directed, managed, or controlled by the same persons who constitute the board of directors or similar governing body of the public housing agency, or who serve as employees or staff of the public housing agency; or
(B) enter into joint ventures, partnerships, or other business arrangements with, or contract with, any person, organization, entity, or governmental unit—
(i) with respect to the administration of the programs of the public housing agency, including any program that is subject to this subchapter; or
(ii) for the purpose of providing or arranging for the provision of supportive or social services.
(2) Use and treatment of income Any income generated under paragraph (1)—
(A) shall be used for low-income housing or to benefit the residents assisted by the public housing agency; and
(B) shall not result in any decrease in any amount provided to the public housing agency under this subchapter, except as otherwise provided under the formulas established under section 1437g(d)(2) and 1437g(e)(2) of this title.
(3) Audits The Comptroller General of the United States, the Secretary, or the Inspector General of the Department of Housing and Urban Development may conduct an audit of any activity undertaken under paragraph (1) at any time.
(Sept. 1, 1937, ch. 896, title I, § 13, as added Pub. L. 96153, title II, § 209, Dec. 21, 1979, 93 Stat. 1109; amended Pub. L. 96399, title II, § 202(b), Oct. 8, 1980, 94 Stat. 1629; renumbered title I, Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681; Pub. L. 105276, title V, § 515, Oct. 21, 1998, 112 Stat. 2549.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 13 of act Sept. 1, 1937, ch. 896, 50 Stat. 894, as amended, enumerated powers of the Authority and was classified to section 1413 of this title, prior to the general revision of this chapter by Pub. L. 93383.
Amendments1998—Pub. L. 105276 amended section catchline and text of section generally. Prior to amendment, text read as follows: “The Secretary shall, to the maximum extent practicable, require that newly constructed and substantially rehabilitated projects assisted under this chapter with authority provided on or after October 1, 1979, shall be equipped with heating and cooling systems selected on the basis of criteria which include a life-cycle cost analysis of such systems.” 1980—Pub. L. 96399 struck out subsec. (a) which related to consideration by the Secretary, in utilizing contract authority, of projects which will be modernized to a substantial extent with weatherization materials as defined in section 6862(9) of this title, and redesignated former subsec. (b) as entire section.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by title V of Pub. L. 105276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105276, set out as a note under section 1437 of this title.
Reporting by Agencies Operating in ConsortiaPub. L. 115174, title II, § 209(c), May 24, 2018, 132 Stat. 1316, provided that: “Not later than 180 days after the date of enactment of this Act [May 24, 2018], the Secretary of Housing and Urban Development shall develop and deploy all electronic information systems necessary to accommodate full consolidated reporting by public housing agencies, as defined in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)), electing to operate in consortia under section 13(a) of such Act (42 U.S.C. 1437k(a)).”
Energy Efficient Public Housing DemonstrationPub. L. 100242, title I, § 125, Feb. 5, 1988, 101 Stat. 1847, provided that the Secretary of Housing and Urban Development would establish a demonstration program through the assistance of an appropriate technology transfer organization specializing in producing detailed energy-efficient designs and in conducting local and statewide public participation tests for energy efficient, needs-oriented housing, provided the appropriate technology organization would carry out the demonstration working with public housing agencies to build and test energy-efficient housing designs in 100 separate housing units in 4 different States meeting local lower income housing needs through a composite ranging from single to 12-plex units in the cluster approach on vacant lots and open areas, provided that as soon as practicable following Sept. 30, 1988, the Secretary would submit to the Congress a report setting forth the findings and recommendations of the program, and authorized $4,700,000 for fiscal year 1988 for the project.
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# 42 U.S.C. § 1437l - Repealed. Pub. L. 105276, title V, § 522(a), Oct. 21, 1998, 112 Stat. 2564
## Notes
Section, act Sept. 1, 1937, ch. 896, title I, § 14, as added Pub. L. 96399, title II, § 202(a), Oct. 8, 1980, 94 Stat. 1625; amended Pub. L. 9735, title III, §§ 322(c), 329G, Aug. 13, 1981, 95 Stat. 402, 410; Pub. L. 98181, title I [title II, § 214(b)], Nov. 30, 1983, 97 Stat. 1185; Pub. L. 98479, title II, § 204(b)(2), Oct. 17, 1984, 98 Stat. 2233; Pub. L. 100242, title I, §§ 112(b)(6), 119(b)(i), 120, Feb. 5, 1988, 101 Stat. 1824, 18301837; renumbered title I, Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681; Pub. L. 101625, title IV, § 414, title V, §§ 509(a)(g), 510, 572, Nov. 28, 1990, 104 Stat. 4160, 4187, 41914193, 4236; Pub. L. 102139, title II, Oct. 28, 1991, 105 Stat. 757, 759; Pub. L. 102550, title I, §§ 111(b)(1), 115, title VI, § 625(a)(3), Oct. 28, 1992, 106 Stat. 3688, 3692, 3820; Pub. L. 103233, title III, § 302, Apr. 11, 1994, 108 Stat. 369; Pub. L. 10419, title I, §§ 1001(a), 1003A, July 27, 1995, 109 Stat. 235, 236; Pub. L. 104134, title I, § 101(e) [title II, § 201(a)(1)], Apr. 26, 1996, 110 Stat. 1321257, 1321277; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104330, title V, § 501(b)(6), Oct. 26, 1996, 110 Stat. 4042; Pub. L. 105276, title II, § 208, Oct. 21, 1998, 112 Stat. 2485, related to assistance for public housing modernization. See section 1437g(a) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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 Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
Savings ProvisionPub. L. 105276, title V, § 522(c), Oct. 21, 1998, 112 Stat. 2565, provided that: “(1) In general.—Section 14 of the United States Housing Act of 1937 [42 U.S.C. 1437l] shall apply as provided in section 519(e) of this Act [42 U.S.C. 1437g note]. “(2) Expansion of use of modernization funding.—Before the implementation of formulas pursuant to sections 9(d)(2) and 9(e)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437g(d)(2), (e)(2)] (as amended by section 519(a) of this Act) an agency may utilize any authority provided under or pursuant to section 14(q) of such Act [42 U.S.C. 1437l(q)] (including the authority under section 201(a) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 [see Tables for classification] (Public Law 104134; 110 Stat. 1321277)), as such provisions (including such section 201(a)) may be amended thereafter, including any amendment made by title II of this Act [see Tables for classification]), notwithstanding any other provision of law (including the repeal made under this section, the expiration of the applicability of such section 201 [see Tables for classification], or any repeal of such section 201). “(3) Effective date.—This subsection shall take effect on the date of the enactment of this Act [Oct. 21, 1998].”
Conversion of Certain Public Housing to VouchersPub. L. 104134, title I, § 101(e) [title II, § 202], Apr. 26, 1996, 110 Stat. 1321257, 1321279; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327, which required identification for removal from the inventory of a public housing agency of developments on same or contiguous sites which had more than 300 units and vacancy rate of at least 10 percent, were identified as distressed, and for which estimated cost of continued operation exceeded cost of providing tenant-based assistance under section 1437f of this title, provided for implementation and enforcement of provisions requiring identification, required each agency to develop and carry out plan for removal over 5-year period, and required provision of tenant-based assistance to families residing in any removed development, was repealed by Pub. L. 105276, title V, § 537(b), Oct. 21, 1998, 112 Stat. 2592. Amounts made available to carry out section 101(e) [title II, § 202] of Pub. L. 104134 authorized to be used, to extent provided in advance in appropriations Acts, to carry out section 1437z5 of this title, and section 101(e) [title II, § 202] of Pub. L. 104134 as in effect immediately before Oct. 21, 1998, to continue to apply to public housing developments identified for conversion, or assessment of whether conversion is required, prior to such date, see section 537(c) of Pub. L. 105276, set out as a Transition note under section 1437z5 of this title.
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# 42 U.S.C. § 1437m - Payment of non-Federal share
## Text
Any of the following may be used as the non-Federal share required in connection with activities undertaken under Federal grant-in-aid programs which provide social, educational, employment, and other services to the tenants in a project assisted under this chapter, other than under section 1437f of this title;
(1) annual contributions under this chapter for operation of the project; or
(2) rental or use-value of buildings or facilities paid for, in whole or in part, from development, modernization, or operation cost financed under this chapter.
(Sept. 1, 1937, ch. 896, title I, § 15, as added Pub. L. 96399, title II, § 212, Oct. 8, 1980, 94 Stat. 1636; amended Pub. L. 100242, title I, § 112(b)(7), Feb. 5, 1988, 101 Stat. 1824; renumbered title I, Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681.)
## Notes
Editorial Notes
Amendments1988—Cl. (2). Pub. L. 100242 struck out “with loans or debt service annual contributions” after “cost financed”.
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# 42 U.S.C. § 1437o - Repealed. Pub. L. 101625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128
## Notes
Section, act Sept. 1, 1937, ch. 896, title I, § 17, as added Nov. 30, 1983, Pub. L. 98181, title I [title III, § 301], 97 Stat. 1196; amended Oct. 17, 1984, Pub. L. 98479, title I, § 103, 98 Stat. 2223; Oct. 18, 1986, Pub. L. 99500, § 101(g), 100 Stat. 1783242, and Oct. 30, 1986, Pub. L. 99591, § 101(g), 100 Stat. 3341242; Dec. 22, 1987, Pub. L. 100202, §§ 101(f) [title I, § 101], 106, 101 Stat. 1329187, 1329189, 1329433; Feb. 5, 1988, Pub. L. 100242, title I, §§ 150, 151, 170(e), 101 Stat. 1853, 1854, 1867; renumbered title I, June 29, 1988, Pub. L. 100358, § 5, 102 Stat. 681; Nov. 7, 1988, Pub. L. 100628, title X, § 1007, 102 Stat. 3266; June 30, 1989, Pub. L. 10145, title I, 103 Stat. 112; Dec. 15, 1989, Pub. L. 101235, title III, § 304, 103 Stat. 2044; May 25, 1990, Pub. L. 101302, title II, 104 Stat. 238; Nov. 5, 1990, Pub. L. 101507, title II, 104 Stat. 1369; Nov. 28, 1990, Pub. L. 101625, title V, § 572(1), 104 Stat. 4236; Apr. 10, 1991, Pub. L. 10227, title II, 105 Stat. 150; Oct. 28, 1992, Pub. L. 102550, title VI, § 625(a)(4), 106 Stat. 3820, authorized Secretary to make rental rehabilitation and development grants.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1991, and except with respect to projects and programs for which binding commitments have been entered into prior to Oct. 1, 1991, no new grants or loans to be made after Oct. 1, 1991, under this section, see section 12839(a)(1), (b)(1) of this title.
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# 42 U.S.C. § 1437q - Financing limitations
## Text
On and after October 1, 1983, the Secretary—
(1) may only enter into contracts for annual contributions regarding obligations financing public housing projects authorized by section 1437c(c) of this title if such obligations are exempt from taxation under section 1437i(b) of this title, or if such obligations are issued under section 1437b of this title and such obligations are exempt from taxation; and
(2) may not enter into contracts for periodic payments to the Federal Financing Bank to offset the costs to the Bank of purchasing obligations (as described in the first sentence of section 2294(b) of title 12) issued by local public housing agencies for purposes of financing public housing projects authorized by section 1437c(c) of this title.
(Sept. 1, 1937, ch. 896, title I, § 19, as added Pub. L. 98181, title I [title II, § 215], Nov. 30, 1983, 97 Stat. 1185; renumbered title I, Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681.)
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# 42 U.S.C. § 1437r - Public housing resident management
## Text
(a) Purpose The purpose of this section is to encourage increased resident management of public housing projects, as a means of improving existing living conditions in public housing projects, by providing increased flexibility for public housing projects that are managed by residents by—
(1) permitting the retention, and use for certain purposes, of any revenues exceeding operating and project costs; and
(2) providing funding, from amounts otherwise available, for technical assistance to promote formation and development of resident management entities.
For purposes of this section, the term “public housing project” includes one or more contiguous buildings or an area of contiguous row houses the elected resident councils of which approve the establishment of a resident management corporation and otherwise meet the requirements of this section.
(b) Program requirements (1) Resident council As a condition of entering into a resident management program, the elected resident council of a public housing project shall approve the establishment of a resident management corporation. When such approval is made by the elected resident council of a building or row house area, the resident management program shall not interfere with the rights of other families residing in the project or harm the efficient operation of the project. The resident management corporation and the resident council may be the same organization, if the organization complies with the requirements applicable to both the corporation and council. The corporation shall be a nonprofit corporation organized under the laws of the State in which the project is located, and the tenants of the project shall be the sole voting members of the corporation. If there is no elected resident council, a majority of the households of the public housing project shall approve the establishment of a resident council to determine the feasibility of establishing a resident management corporation to manage the project.
(2) Public housing management specialist The resident council of a public housing project, in cooperation with the public housing agency, shall select a qualified public housing management specialist to assist in determining the feasibility of, and to help establish, a resident management corporation and to provide training and other duties agreed to in the daily operations of the project.
(3) Bonding and insurance Before assuming any management responsibility for a public housing project, the resident management corporation shall provide fidelity bonding and insurance, or equivalent protection, in accordance with regulations and requirements of the Secretary and the public housing agency. Such bonding and insurance, or its equivalent, shall be adequate to protect the Secretary and the public housing agency against loss, theft, embezzlement, or fraudulent acts on the part of the resident management corporation or its employees.
(4) Management responsibilities A resident management corporation that qualifies under this section, and that supplies insurance and bonding or equivalent protection sufficient to the Secretary and the public housing agency, shall enter into a contract with the public housing agency establishing the respective management rights and responsibilities of the corporation and the public housing agency. Such contract shall be consistent with the requirements of this chapter applicable to public housing projects and may include specific terms governing management personnel and compensation, access to public housing project records, submission of and adherence to budgets, rent collection procedures, tenant income verification, tenant eligibility determinations, tenant eviction, the acquisition of supplies and materials, rent determination, community service requirements,,11 So in original. and such other matters as may be appropriate. The contract shall be treated as a contracting out of services and shall be subject to any provision of a collective bargaining agreement regarding contracting out to which the public housing agency is subject.
(5) Annual audit The books and records of a resident management corporation operating a public housing project shall be audited annually by a certified public accountant. A written report of each audit shall be forwarded to the public housing agency and the Secretary.
(c) Assistance amounts A contract under this section for management of a public housing project by a resident management corporation shall provide for—
(1) the public housing agency to provide a portion of the assistance to agency from the Capital and Operating Funds to the resident management corporation in accordance with subsection (e) for purposes of operating the public housing project covered by the contract and performing such other eligible activities with respect to the project as may be provided under the contract;
(2) the amount of income expected to be derived from the project itself (from sources such as rents and charges);
(3) the amount of income to be provided to the project from the other sources of income of the public housing agency (such as interest income, administrative fees, and rents); and
(4) any income generated by a resident management corporation of a public housing project that exceeds the income estimated under the contract shall be used for eligible activities under subsections (d)(1) and (e)(1) of section 1437g of this title.
(d) Waiver of Federal requirements (1) Waiver of regulatory requirements Upon the request of any resident management corporation and public housing agency, and after notice and an opportunity to comment is afforded to the affected tenants, the Secretary may waive (for both the resident management corporation and the public housing agency) any requirement established by the Secretary (and not specified in any statute) that the Secretary determines to unnecessarily increase the costs or restrict the income of a public housing project.
(2) Waiver to permit employment Upon the request of any resident management corporation, the Secretary may, subject to applicable collective bargaining agreements, permit residents of such project to volunteer a portion of their labor.
(3) Exceptions The Secretary may not waive under this subsection any requirement with respect to income eligibility for purposes of section 1437n of this title, rental payments under section 1437a(a) of this title, tenant or applicant protections, employee organizing rights, or rights of employees under collective bargaining agreements.
(e) Direct provision of operating and capital assistance (1) In general The Secretary shall directly provide assistance from the Operating and Capital Funds to a resident management corporation managing a public housing development pursuant to a contract under this section, but only if—
(A) the resident management corporation petitions the Secretary for the release of the funds;
(B) the contract provides for the resident management corporation to assume the primary management responsibilities of the public housing agency; and
(C) the Secretary determines that the corporation has the capability to effectively discharge such responsibilities.
(2) Use of assistance Any assistance from the Operating and Capital Funds provided to a resident management corporation pursuant to this subsection shall be used for purposes of operating the public housing developments of the agency and performing such other eligible activities with respect to public housing as may be provided under the contract.
(3) Responsibility of public housing agency If the Secretary provides direct funding to a resident management corporation under this subsection, the public housing agency shall not be responsible for the actions of the resident management corporation.
(4) Calculation of Operating Fund allocation Notwithstanding any provision of section 1437g of this title or any regulation under such section, and subject to the exception provided in paragraph (3), the portion of the amount received by a public housing agency under section 1437g of this title that is due to an allocation from the Operating Fund and that is allocated to a public housing project managed by a resident management corporation shall not be less than the public housing agency per unit monthly amount provided in the previous year as determined on an individual project basis.
(5) Calculation of total income (A) Subject to subparagraph (B), the amount of funds provided by a public housing agency to a public housing project managed by a resident management corporation may not be reduced during the 3-year period beginning on February 5, 1988, or on any later date on which a resident management corporation is first established for the project.
(B) If the total income of a public housing agency (including any amounts from the Capital or Operating Funds provided to the public housing agency under section 1437g of this title) is reduced or increased, the income provided by the public housing agency to a public housing project managed by a resident management corporation shall be reduced or increased in proportion to the reduction or increase in the total income of the public housing agency, except that any reduction in amounts from the Operating Fund that occurs as a result of fraud, waste, or mismanagement by the public housing agency shall not affect the funds provided to the resident management corporation.
(6) Retention of excess revenues (A) Any income generated by a resident management corporation of a public housing project that exceeds the income estimated for purposes of this subsection shall be excluded in subsequent years in calculating (i) the allocations from the Operating Fund for the public housing agency under section 1437g of this title; and (ii) the funds provided by the public housing agency to the resident management corporation.
(B) Any revenues retained by a resident management corporation under subparagraph (A) shall be used for purposes of improving the maintenance and operation of the public housing project, for establishing business enterprises that employ residents of public housing, or for acquiring additional dwelling units for low-income families.
(f) , (g) Repealed. Pub. L. 105276, title V, § 532(a)(5), Oct. 21, 1998, 112 Stat. 2575
(h) Applicability Any management contract between a public housing agency and a resident management corporation that is entered into after November 7, 1988, shall be subject to this section and the regulations issued to carry out this section.
(Sept. 1, 1937, ch. 896, title I, § 20, as added Pub. L. 100242, title I, § 122, Feb. 5, 1988, 101 Stat. 1839; renumbered title I, Pub. L. 100358, § 5, June 29, 1988, 102 Stat. 681; amended Pub. L. 100628, title X, § 1003, Nov. 7, 1988, 102 Stat. 3263; Pub. L. 101625, title IV, § 415, title V, §§ 514, 572(1), Nov. 28, 1990, 104 Stat. 4160, 4196, 4236; Pub. L. 102550, title I, § 117, Oct. 28, 1992, 106 Stat. 3695; Pub. L. 105276, title V, § 532(a), Oct. 21, 1998, 112 Stat. 2574.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1437r, act Sept. 1, 1937, ch. 896, § 20, as added Nov. 6, 1986, Pub. L. 99603, title I, § 121(b)(6), 100 Stat. 3391, related to payment for implementation of immigration status verification system, prior to repeal by Pub. L. 100242, § 164(f)(2).
Amendments1998—Subsec. (b)(4). Pub. L. 105276, § 532(a)(1), inserted “, rent determination, community service requirements,” after “materials”. Subsec. (c). Pub. L. 105276, § 532(a)(2), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “Public housing projects managed by resident management corporations may be provided with comprehensive improvement assistance under section 1437l of this title for purposes of renovating such projects in accordance with such section. If such renovation activities (including the planning and architectural design of the rehabilitation) are administered by a resident management corporation, the public housing agency involved may not retain, for any administrative or other reason, any portion of the assistance provided pursuant to this subsection unless otherwise provided by contract.” Subsec. (d)(3), (4). Pub. L. 105276, § 532(a)(3), redesignated par. (4) as (3) and struck out heading and text of former par. (3). Text read as follows: “Not later than 6 months after February 5, 1988, the Secretary shall submit to the Congress a report setting forth any additional waivers of Federal law that the Secretary determines are necessary or appropriate to carry out the provisions of this section. In preparing the report, the Secretary shall consult with resident management corporations and public housing agencies.” Subsec. (e)(1) to (3). Pub. L. 105276, § 532(a)(4)(B), added subsec. heading and pars. (1) to (3) and struck out former subsec. heading and former pars. (1) to (3), which in par. (1), specified amount of operating subsidy to be allocated to a public housing project managed by a resident management corporation; in par. (2), set forth requirements for any contract for management of a project entered into by a public housing agency and a resident management corporation; and in par. (3), prohibited reduction of funds provided by an agency to a project during 3-year period beginning on date on which resident management corporation is first established for the project, and provided for proportional reduction or increase if total income of agency is reduced or increased. Subsec. (e)(4), (5). Pub. L. 105276, § 532(a)(4)(B), added pars. (4) and (5). Former par. (4) redesignated (6). Subsec. (e)(6). Pub. L. 105276, § 532(a)(4)(A), redesignated par. (4) as (6). Subsec. (e)(6)(A)(i). Pub. L. 105276, § 532(a)(4)(C), substituted “the allocations from the Operating Fund for” for “the operating subsidies provided to”. Subsec. (f). Pub. L. 105276, § 532(a)(5), struck out heading and text of subsec. (f) which required Secretary to provide financial assistance to resident management corporations or resident councils that obtain technical assistance for the development of resident management entities, limited assistance to $100,000 with respect to any public housing project, authorized appropriations for fiscal years 1993 and 1994, and limited assistance to corporations or councils where assistance was provided under subchapter IIA of this chapter. Subsec. (g). Pub. L. 105276, § 532(a)(5), struck out heading and text of subsec. (g). Text read as follows: “Not later than 3 years after February 5, 1988, the Secretary shall— “(1) conduct an evaluation and assessment of resident management, and particularly of the effect of resident management on living conditions in public housing; and “(2) submit to the Congress a report setting forth the findings of the Secretary as a result of the evaluation and assessment and including any recommendations the Secretary determines to be appropriate.” 1992—Subsec. (f)(3). Pub. L. 102550 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “(3) Funding.—Of amounts made available for financial assistance under section 1437l of this title, the Secretary may use to carry out this subsection not more than $5,000,000 for each of fiscal years 1991 and 1992.” 1990—Subsec. (e)(4)(B). Pub. L. 101625, § 572(1), substituted “low-income families” for “lower income families”. Subsec. (f)(3). Pub. L. 101625, § 514, amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Of the amounts available for financial assistance under section 1437l of this title, the Secretary may use to carry out this subsection not more than $2,500,000 for fiscal year 1988 and not more than $2,500,000 for fiscal year 1989.” Subsec. (f)(4). Pub. L. 101625, § 415, added par. (4). 1988—Subsec. (h). Pub. L. 100628 added subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by title V of Pub. L. 105276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105276, set out as a note under section 1437 of this title.
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# 42 U.S.C. § 1437t - Authority to convert public housing to vouchers
## Text
(a) Authority A public housing agency may convert any public housing project (or portion thereof) owned by the public housing agency to tenant-based assistance, but only in accordance with the requirements of this section.
(b) Conversion assessment (1) In general To convert public housing under this section, a public housing agency shall conduct an assessment of the public housing that includes—
(A) a cost analysis that demonstrates whether or not the cost (both on a net present value basis and in terms of new budget authority requirements) of providing tenant-based assistance under section 1437f of this title for the same families in substantially similar dwellings over the same period of time is less expensive than continuing public housing assistance in the public housing project for the remaining useful life of the project;
(B) an analysis of the market value of the public housing project both before and after rehabilitation, and before and after conversion;
(C) an analysis of the rental market conditions with respect to the likely success of the use of tenant-based assistance under section 1437f of this title in that market for the specific residents of the public housing project, including an assessment of the availability of decent and safe dwellings renting at or below the payment standard established for tenant-based assistance under section 1437f of this title by the agency;
(D) the impact of the conversion to tenant-based assistance under this section on the neighborhood in which the public housing project is located; and
(E) a plan that identifies actions, if any, that the public housing agency would take with regard to converting any public housing project or projects (or portions thereof) of the public housing agency to tenant-based assistance.
(2) Timing Not later than 2 years after the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998, each public housing agency shall conduct an assessment under paragraph (1) or (3) of the status of each public housing project owned by such agency and shall submit to the Secretary such assessment. A public housing agency may otherwise undertake an assessment under this subsection at any time and for any public housing project (or portion thereof) owned by the agency. A public housing agency may update a previously conducted assessment for a project (or portion thereof) for purposes of compliance with the one-year limitation under subsection (c).
(3) Streamlined assessment At the discretion of the Secretary or at the request of a public housing agency, the Secretary may waive any or all of the requirements of paragraph (1) or (3) or otherwise require a streamlined assessment with respect to any public housing project or class of public housing projects.
(c) Criteria for implementation of conversion plan A public housing agency may convert a public housing project (or portion thereof) owned by the agency to tenant-based assistance only pursuant to a conversion assessment under subsection (b) that one year 11 So in original. and that demonstrates that the conversion—
(1) will not be more expensive than continuing to operate the public housing project (or portion thereof) as public housing;
(2) will principally benefit the residents of the public housing project (or portion thereof) to be converted, the public housing agency, and the community; and
(3) will not adversely affect the availability of affordable housing in such community.
(d) Conversion plan requirement A public housing project may be converted under this section to tenant-based assistance only as provided in a conversion plan under this subsection, which has not been disapproved by the Secretary pursuant to subsection (e). Each conversion plan shall—
(1) be developed by the public housing agency, in consultation with the appropriate public officials, with significant participation by the residents of the project (or portion thereof) to be converted;
(2) be consistent with and part of the public housing agency plan;
(3) describe the conversion and future use or disposition of the project (or portion thereof) and include an impact analysis on the affected community;
(4) provide that the public housing agency shall—
(A) notify each family residing in a public housing project (or portion) to be converted under the plan 90 days prior to the displacement date except in cases of imminent threat to health or safety, consistent with any guidelines issued by the Secretary governing such notifications, that—
(i) the public housing project (or portion) will be removed from the inventory of the public housing agency; and
(ii) each family displaced by such action will be offered comparable housing—
(I) that meets housing quality standards;
(II) that is located in an area that is generally not less desirable than the location of the displaced persons housing; and
(III) which may include—
(aa) tenant-based assistance, except that the requirement under this clause regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of such family into such housing;
(bb) project-based assistance; or
(cc) occupancy in a unit operated or assisted by the public housing agency at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is vacated;
(B) provide any necessary counseling for families displaced by such action;
(C) ensure that, if the project (or portion) converted is used as housing after such conversion, each resident may choose to remain in their dwelling unit in the project and use the tenant-based assistance toward rent for that unit; and
(D) provide any actual and reasonable relocation expenses for families displaced by the conversion; and
(5) provide that any proceeds to the agency from the conversion will be used subject to the limitations that are applicable under section 1437p(a)(5) of this title to proceeds resulting from the disposition or demolition of public housing.
(e) Review and approval of conversion plans The Secretary shall disapprove a conversion plan only if—
(1) the plan is plainly inconsistent with the conversion assessment for the agency developed under subsection (b);
(2) there is reliable information and data available to the Secretary that contradicts that conversion assessment; or
(3) the plan otherwise fails to meet the requirements of this section.
(f) Tenant-based assistance To the extent approved by the Secretary, the funds used by the public housing agency to provide tenant-based assistance under section 1437f of this title shall be added to the annual contribution contract administered by the public housing agency.
(Sept. 1, 1937, ch. 896, title I, § 22, as added Pub. L. 101625, title V, § 515(a), Nov. 28, 1990, 104 Stat. 4196; amended Pub. L. 102550, title I, § 119, Oct. 28, 1992, 106 Stat. 3695; Pub. L. 105276, title V, § 533(a), Oct. 21, 1998, 112 Stat. 2576.)
## Notes
Editorial Notes
References in TextSection 503(a) of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (b)(2), is section 503(a) of Pub. L. 105276, which is set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
Amendments1998—Pub. L. 105276 amended section generally. Prior to amendment, section related to award of grants to public housing agencies to adapt public housing to help families gain better access to educational and job opportunities, use of funds for supportive services, development of facilities to accommodate them, and employment of service coordinators, applications, selection for grants, reports to Secretary and Congress, and appropriations for fiscal years 1993 and 1994. 1992—Subsec. (k). Pub. L. 102550 amended subsec. (k) generally, substituting present provisions for provisions authorizing $25,000,000 in fiscal year 1991 and $26,100,000 in fiscal year 1992.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by title V of Pub. L. 105276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105276, set out as a note under section 1437 of this title.
Savings ProvisionPub. L. 105276, title V, § 533(b), Oct. 21, 1998, 112 Stat. 2578, provided that: “The amendment made by subsection (a) [amending this section] shall not affect any contract or other agreement entered into under section 22 of the United States Housing Act of 1937 [42 U.S.C. 1437t], as such section existed immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998 [Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title].”
Public Housing One-Stop Perinatal Services DemonstrationPub. L. 101625, title V, § 521, Nov. 28, 1990, 104 Stat. 4205, as amended by Pub. L. 102550, title I, § 125, Oct. 28, 1992, 106 Stat. 3710, which directed Secretary of Housing and Urban Development to carry out program to demonstrate effectiveness of providing grants to public housing agencies to assist such agencies in providing facilities for making one-stop perinatal services programs available for pregnant women residing in public housing, set forth preferences, limitation on grant amount, and program requirements, and required report to Congress not later than 1 year after amounts were first made available setting forth findings and conclusions and including recommendations with respect to establishment of permanent program, was repealed by Pub. L. 105276, title V, § 582(a)(9), Oct. 21, 1998, 112 Stat. 2644.
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# 42 U.S.C. § 1437w - Transfer of management of certain housing to independent manager at request of residents
## Text
(a) Authority The Secretary may transfer the responsibility and authority for management of specified housing (as such term is defined in subsection (h)) from a public housing agency to an eligible management entity, in accordance with the requirements of this section, if—
(1) a request for transfer of management of such housing is made and approved in accordance with subsection (b); and
(2) the Secretary or the public housing agency, as appropriate pursuant to subsection (b), determines that—
(A) due to the mismanagement of the agency, such housing has deferred maintenance, physical deterioration, or obsolescence of major systems and other deficiencies in the physical plant of the project;
(B) such housing is located in an area such that the housing is subject to recurrent vandalism and criminal activity (including drug-related criminal activity); and
(C) the residents can demonstrate that the elements of distress for such housing specified in subparagraphs (A) and (B) can be remedied by an entity or entities, identified by the residents, that has or have a demonstrated capacity to manage, with reasonable expenses for modernization.
(b) Request for transfer The responsibility and authority for managing specified housing may be transferred only pursuant to a request made by a majority vote of the residents for the specified housing that—
(1) in the case of specified housing that is owned by a public housing agency that is designated as a troubled agency under section 1437d(j)(2) of this title—
(A) is made to the public housing agency or the Secretary; and
(B) is approved by the agency or the Secretary; or
(2) in the case of specified housing that is owned by a public housing agency that is not designated as a troubled agency under section 1437d(j)(2) of this title—
(A) is made to and approved by the public housing agency; or
(B) if a request is made to the agency pursuant to subparagraph (A) and is not approved, is subsequently made to and approved by the Secretary.
(c) Capital and operating assistance Pursuant to a contract under subsection (d), the Secretary shall require the public housing agency for specified housing to provide to the manager for the housing, from any assistance from the Capital and Operating Funds under section 1437g of this title for the agency, fair and reasonable amounts for the housing for eligible capital and operating activities under subsection (d)(1) and (e)(1) of section 1437g of this title. The amount made available under this subsection to a manager shall be determined by the Secretary based on the share for the specified housing of the aggregate amount of assistance from such Funds for the public housing agency transferring the housing, taking into consideration the operating and capital improvement needs of the specified housing, the operating and capital improvement needs of the remaining public housing units managed by the public housing agency, and the public housing agency plan of such agency.
(d) Contract between Secretary and manager (1) Requirements Pursuant to the approval of a request under this section for transfer of the management of specified housing, the Secretary shall enter into a contract with the eligible management entity.
(2) Terms A contract under this subsection shall contain provisions establishing the rights and responsibilities of the manager with respect to the specified housing and the Secretary and shall be consistent with the requirements of this chapter applicable to public housing projects.
(e) Compliance with public housing agency plan A manager of specified housing under this section shall comply with the approved public housing agency plan applicable to the housing and shall submit such information to the public housing agency from which management was transferred as may be necessary for such agency to prepare and update its public housing agency plan.
(f) Demolition and disposition by manager A manager under this section may demolish or dispose of specified housing only if, and in the manner, provided for in the public housing agency plan for the agency transferring management of the housing.
(g) Limitation on PHA liability A public housing agency that is not a manager for specified housing shall not be liable for any act or failure to act by a manager or resident council for the specified housing.
(h) Definitions For purposes of this section, the following definitions shall apply:
(1) Eligible management entity The term “eligible management entity” means, with respect to any public housing project, any of the following entities:
(A) Nonprofit organization A public or private nonprofit organization, which may—
(i) include a resident management corporation; and
(ii) not include the public housing agency that owns or operates the project.
(B) For-profit entity A for-profit entity that has demonstrated experience in providing low-income housing.
(C) State or local government A State or local government, including an agency or instrumentality thereof.
(D) Public housing agency A public housing agency (other than the public housing agency that owns or operates the project).
The term does not include a resident council.
(2) Manager The term “manager” means any eligible management entity that has entered into a contract under this section with the Secretary for the management of specified housing.
(3) Nonprofit The term “nonprofit” means, with respect to an organization, association, corporation, or other entity, that no part of the net earnings of the entity inures to the benefit of any member, founder, contributor, or individual.
(4) Private nonprofit organization The term “private nonprofit organization” means any private organization (including a State or locally chartered organization) that—
(A) is incorporated under State or local law;
(B) is nonprofit in character;
(C) complies with standards of financial accountability acceptable to the Secretary; and
(D) has among its purposes significant activities related to the provision of decent housing that is affordable to low-income families.
(5) Public nonprofit organization The term “public nonprofit organization” means any public entity that is nonprofit in character.
(6) Specified housing The term “specified housing” means a public housing project or projects, or a portion of a project or projects, for which the transfer of management is requested under this section. The term includes one or more contiguous buildings and an area of contiguous row houses, but in the case of a single building, the building shall be sufficiently separable from the remainder of the project of which it is part to make transfer of the management of the building feasible for purposes of this section.
(Sept. 1, 1937, ch. 896, title I, § 25, as added Pub. L. 105276, title V, § 534, Oct. 21, 1998, 112 Stat. 2579.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1437w, act Sept. 1, 1937, ch. 896, title I, § 25, as added Pub. L. 102550, title I, § 121(b), Oct. 28, 1992, 106 Stat. 3701; amended Pub. L. 104330, title V, § 501(b)(10), Oct. 26, 1996, 110 Stat. 4042, known as the Choice in Public Housing Management Act of 1992, related to choice in public housing management, prior to repeal by Pub. L. 105276, title V, §§ 503, 534, Oct. 21, 1998, 112 Stat. 2521, 2579, effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement repeal before such date, and with savings provision.
Statutory Notes and Related Subsidiaries
Effective DateSection effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date except to extent otherwise provided, see section 503 of Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
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# 42 U.S.C. § 1437x - Environmental reviews
## Text
(a) In general (1) Release of funds In order to assure that the policies of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and other provisions of law which further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of funds under this subchapter, and to assure to the public undiminished protection of the environment, the Secretary may, under such regulations, in lieu of the environmental protection procedures otherwise applicable, provide for the release of funds for projects or activities under this subchapter, as specified by the Secretary upon the request of a public housing agency under this section, if the State or unit of general local government, as designated by the Secretary in accordance with regulations, assumes all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary may specify, which would otherwise apply to the Secretary with respect to the release of funds.
(2) Implementation The Secretary, after consultation with the Council on Environmental Quality, shall issue such regulations as may be necessary to carry out this section. Such regulations shall specify the programs to be covered.
(b) Procedure The Secretary shall approve the release of funds subject to the procedures authorized by this section only if, not less than 15 days prior to such approval and prior to any commitment of funds to such projects or activities, the public housing agency has submitted to the Secretary a request for such release accompanied by a certification of the State or unit of general local government which meets the requirements of subsection (c). The Secretarys approval of any such certification shall be deemed to satisfy the Secretarys responsibilities under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and such other provisions of law as the regulations of the Secretary specify insofar as those responsibilities relate to the release of funds which are covered by such certification.
(c) Certification A certification under the procedures authorized by this section shall—
(1) be in a form acceptable to the Secretary;
(2) be executed by the chief executive officer or other officer of the State or unit of general local government who qualifies under regulations of the Secretary;
(3) specify that the State or unit of general local government under this section has fully carried out its responsibilities as described under subsection (a); and
(4) specify that the certifying officer—
(A) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and each provision of law specified in regulations issued by the Secretary insofar as the provisions of such Act or other such provision of law apply pursuant to subsection (a); and
(B) is authorized and consents on behalf of the State or unit of general local government and himself or herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his or her responsibilities as such an official.
(d) Approval by States In cases in which a unit of general local government carries out the responsibilities described in subsection (c), the Secretary may permit the State to perform those actions of the Secretary described in subsection (b) and the performance of such actions by the State, where permitted by the Secretary, shall be deemed to satisfy the Secretarys responsibilities referred to in the second sentence of subsection (b).
(Sept. 1, 1937, ch. 896, title I, § 26, as added Pub. L. 103233, title III, § 305(b), Apr. 11, 1994, 108 Stat. 371; amended Pub. L. 104330, title V, § 501(b)(11), Oct. 26, 1996, 110 Stat. 4042.)
## Notes
Editorial Notes
References in TextThe National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (b), and (c)(4)(A), is Pub. L. 91190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.
Amendments1996—Subsecs. (a)(1), (b). Pub. L. 104330 struck out “(including an Indian housing authority)” after “public housing agency”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104330, set out as an Effective Date note under section 4101 of Title 25, Indians.
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# 42 U.S.C. § 1437y - Provision of information to law enforcement and other agencies
## Text
Notwithstanding any other provision of law, the Secretary shall, at least 4 times annually and upon request of the Immigration and Naturalization Service (hereafter in this section referred to as the “Service”), furnish the Service with the name and address of, and other identifying information on, any individual who the Secretary knows is not lawfully present in the United States, and shall ensure that each contract for assistance entered into under section 1437d or 1437f of this title with a public housing agency provides that the public housing agency shall furnish such information at such times with respect to any individual who the public housing agency knows is not lawfully present in the United States.
(Sept. 1, 1937, ch. 896, title I, § 27, as added Pub. L. 104193, title IV, § 404(d), Aug. 22, 1996, 110 Stat. 2267; amended Pub. L. 10533, title V, § 5564, Aug. 5, 1997, 111 Stat. 639.)
## Notes
Editorial Notes
Codification Another section 27 of act Sept. 1, 1937, was renumbered section 28, and is classified to section 1437z of this title.
Amendments1997—Pub. L. 10533 substituted “not lawfully present in the United States” for “unlawfully in the United States” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104193, see section 5582 of Pub. L. 10533, set out as a note under section 1367 of Title 8, Aliens and Nationality.
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 section 1551 of Title 8, Aliens and Nationality.
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# 42 U.S.C. § 1437z1 - Civil money penalties against section 1437f owners
## Text
(a) In general (1) Effect on other remedies The penalties set forth in this section shall be in addition to any other available civil remedy or any available criminal penalty, and may be imposed regardless of whether the Secretary imposes other administrative sanctions.
(2) Failure of Secretary The Secretary may not impose penalties under this section for a violation, if a material cause of the violation is the failure of the Secretary, an agent of the Secretary, or a public housing agency to comply with an existing agreement.
(b) Violations of housing assistance payment contracts for which penalty may be imposed (1) Liable parties The Secretary may impose a civil money penalty under this section on—
(A) any owner of a property receiving project-based assistance under section 8 [42 U.S.C. 1437f];
(B) any general partner of a partnership owner of that property; and
(C) any agent employed to manage the property that has an identity of interest with the owner or the general partner of a partnership owner of the property.
(2) Violations A penalty may be imposed under this section for a knowing and material breach of a housing assistance payments contract, including the following—
(A) failure to provide decent, safe, and sanitary housing pursuant to section 8 [42 U.S.C. 1437f]; or
(B) knowing or willful submission of false, fictitious, or fraudulent statements or requests for housing assistance payments to the Secretary or to any department or agency of the United States.
(3) Amount of penalty The amount of a penalty imposed for a violation under this subsection, as determined by the Secretary, may not exceed $25,000 per violation.
(c) Agency procedures (1) Establishment The Secretary shall issue regulations establishing standards and procedures governing the imposition of civil money penalties under subsection (b). These standards and procedures—
(A) shall provide for the Secretary or other department official to make the determination to impose the penalty;
(B) shall provide for the imposition of a penalty only after the liable party has received notice and the opportunity for a hearing on the record; and
(C) may provide for review by the Secretary of any determination or order, or interlocutory ruling, arising from a hearing and judicial review, as provided under subsection (d).
(2) Final orders (A) In general If a hearing is not requested before the expiration of the 15-day period beginning on the date on which the notice of opportunity for hearing is received, the imposition of a penalty under subsection (b) shall constitute a final and unappealable determination.
(B) Effect of review If the Secretary reviews the determination or order, the Secretary may affirm, modify, or reverse that determination or order.
(C) Failure to review If the Secretary does not review that determination or order before the expiration of the 90-day period beginning on the date on which the determination or order is issued, the determination or order shall be final.
(3) Factors in determining amount of penalty In determining the amount of a penalty under subsection (b), the Secretary shall take into consideration—
(A) the gravity of the offense;
(B) any history of prior offenses by the violator (including offenses occurring before the enactment of this section);
(C) the ability of the violator to pay the penalty;
(D) any injury to tenants;
(E) any injury to the public;
(F) any benefits received by the violator as a result of the violation;
(G) deterrence of future violations; and
(H) such other factors as the Secretary may establish by regulation.
(4) Payment of penalty No payment of a civil money penalty levied under this section shall be payable out of project income.
(d) Judicial review of agency determination Judicial review of determinations made under this section shall be carried out in accordance with section 1735f15(e) of title 12.
(e) Remedies for noncompliance (1) Judicial intervention (A) In general If a person or entity fails to comply with the determination or order of the Secretary imposing a civil money penalty under subsection (b), after the determination or order is no longer subject to review as provided by subsections (c) and (d), the Secretary may request the Attorney General of the United States to bring an action in an appropriate United States district court to obtain a monetary judgment against that person or entity and such other relief as may be available.
(B) Fees and expenses Any monetary judgment awarded in an action brought under this paragraph may, in the discretion of the court, include the attorneys fees and other expenses incurred by the United States in connection with the action.
(2) Nonreviewability of determination or order In an action under this subsection, the validity and appropriateness of the determination or order of the Secretary imposing the penalty shall not be subject to review.
(f) Settlement by Secretary The Secretary may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section.
(g) Deposit of penalties (1) In general Notwithstanding any other provision of law, if the mortgage covering the property receiving assistance under section 8 [42 U.S.C. 1437f] is insured or was formerly insured by the Secretary, the Secretary shall apply all civil money penalties collected under this section to the appropriate insurance fund or funds established under this chapter, as determined by the Secretary.
(2) Exception Notwithstanding any other provision of law, if the mortgage covering the property receiving assistance under section 8 [42 U.S.C. 1437f] is neither insured nor formerly insured by the Secretary, the Secretary shall make all civil money penalties collected under this section available for use by the appropriate office within the Department for administrative costs related to enforcement of the requirements of the various programs administered by the Secretary.
(h) Definitions In this section—
(1) the term “agent employed to manage the property that has an identity of interest” means an entity—
(A) that has management responsibility for a project;
(B) in which the ownership entity, including its general partner or partners (if applicable), has an ownership interest; and
(C) over which such ownership entity exerts effective control; and
(2) the term “knowing” means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section.
(Sept. 1, 1937, ch. 896, title I, § 29, as added Pub. L. 10565, title V, § 562(a)(2), Oct. 27, 1997, 111 Stat. 1416.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 10565, title V, § 562(b), Oct. 27, 1997, 111 Stat. 1419, provided that: “The amendments made by subsection (a) [enacting this section and amending section 1437z of this title] shall apply only with respect to— “(1) violations that occur on or after the effective date of final regulations implementing the amendments made by this section; and “(2) in the case of a continuing violation (as determined by the Secretary of Housing and Urban Development), any portion of a violation that occurs on or after such date.”
RegulationsPub. L. 10565, title V, § 562(c), Oct. 27, 1997, 111 Stat. 1419, provided that: “(1) Regulations.—“(A) In general.—The Secretary shall implement the amendments made by this section [enacting this section and amending section 1437z of this title] by regulation issued after notice and opportunity for public comment. “(B) Comments sought.—The notice under subparagraph (A) shall seek comments as to the definitions of the terms ownership interest in and effective control, as such terms are used in the definition of the term agent employed to manage such property that has an identity of interest. “(2) Timing.—A proposed rule implementing the amendments made by this section shall be published not later than 1 year after the date of enactment of this Act [Oct. 27, 1997].”
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# 42 U.S.C. § 1437z10 - Small public housing agencies
## Text
(a) Definitions In this section:
(1) Housing voucher program The term “housing voucher program” means a program for tenant-based assistance under section 1437f of this title.
(2) Small public housing agency The term “small public housing agency” means a public housing agency—
(A) for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 1437f(o) of this title administered by the agency is 550 or fewer; and
(B) that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations.
(3) Troubled small public housing agency The term “troubled small public housing agency” means a small public housing agency designated by the Secretary as a troubled small public housing agency under subsection (c)(3).
(b) Applicability Except as otherwise provided in this section, a small public housing agency shall be subject to the same requirements as a public housing agency.
(c) Program inspections and evaluations (1) Public housing projects (A) Frequency of inspections by Secretary The Secretary shall carry out an inspection of the physical condition of a small public housing agencys public housing projects not more frequently than once every 3 years, unless the agency has been designated by the Secretary as a troubled small public housing agency based on deficiencies in the physical condition of its public housing projects. Nothing contained in this subparagraph relieves the Secretary from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary under section 4822 of this title.
(B) Standards The Secretary shall apply to small public housing agencies the same standards for the acceptable condition of public housing projects that apply to projects assisted under section 1437f of this title.
(2) Housing voucher program Except as required by section 1437f(o)(8)(F) of this title, a small public housing agency administering assistance under section 1437f(o) of this title shall make periodic physical inspections of each assisted dwelling unit not less frequently than once every 3 years to determine whether the unit is maintained in accordance with the requirements under section 1437f(o)(8)(A) of this title. Nothing contained in this paragraph relieves a small public housing agency from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary under section 4822 of this title.
(3) Troubled small public housing agencies (A) Public housing program Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the public housing program of the small public housing agency if the Secretary determines that the agency has failed to maintain the public housing units of the small public housing agency in a satisfactory physical condition, based upon an inspection conducted by the Secretary.
(B) Housing voucher program Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the housing voucher program of the small public housing agency if the Secretary determines that the agency has failed to comply with the inspection requirements under paragraph (2).
(C) Appeals (i) Establishment The Secretary shall establish an appeals process under which a small public housing agency may dispute a designation as a troubled small public housing agency.
(ii) Official The appeals process established under clause (i) shall provide for a decision by an official who has not been involved, and is not subordinate to a person who has been involved, in the original determination to designate a small public housing agency as a troubled small public housing agency.
(D) Corrective action agreement (i) Agreement required Not later than 60 days after the date on which a small public housing agency is designated as a troubled public housing agency under subparagraph (A) or (B), the Secretary and the small public housing agency shall enter into a corrective action agreement under which the small public housing agency shall undertake actions to correct the deficiencies upon which the designation is based.
(ii) Terms of agreement A corrective action agreement entered into under clause (i) shall—
(I) have a term of 1 year, and shall be renewable at the option of the Secretary;
(II) provide, where feasible, for technical assistance to assist the public housing agency in curing its deficiencies;
(III) provide for—
(aa) reconsideration of the designation of the small public housing agency as a troubled small public housing agency not less frequently than annually; and
(bb) termination of the agreement when the Secretary determines that the small public housing agency is no longer a troubled small public housing agency; and
(IV) provide that in the event of substantial noncompliance by the small public housing agency under the agreement, the Secretary may—
(aa) contract with another public housing agency or a private entity to manage the public housing of the troubled small public housing agency;
(bb) withhold funds otherwise distributable to the troubled small public housing agency;
(cc) assume possession of, and direct responsibility for, managing the public housing of the troubled small public housing agency;
(dd) petition for the appointment of a receiver, in accordance with section 1437d(j)(3)(A)(ii) of this title; and
(ee) exercise any other remedy available to the Secretary in the event of default under the public housing annual contributions contract entered into by the small public housing agency under section 1437c of this title.
(E) Emergency actions Nothing in this paragraph may be construed to prohibit the Secretary from taking any emergency action necessary to protect Federal financial resources or the health or safety of residents of public housing projects.
(d) Reduction of administrative burdens (1) Exemption Notwithstanding any other provision of law, a small public housing agency shall be exempt from any environmental review requirements with respect to a development or modernization project having a total cost of not more than $100,000.
(2) Streamlined procedures The Secretary shall, by rule, establish streamlined procedures for environmental reviews of small public housing agency development and modernization projects having a total cost of more than $100,000.
(Sept. 1, 1937, ch. 896, title I, § 38, as added Pub. L. 115174, title II, § 209(a), May 24, 2018, 132 Stat. 1313.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 60 days after May 24, 2018, see section 209(d) of Pub. L. 115174, set out as an Effective Date of 2018 Amendment note under section 1437g of this title.
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# 42 U.S.C. § 1437z2 - Public housing mortgages and security interests
## Text
(a) General authorization The Secretary may, upon such terms and conditions as the Secretary may prescribe, authorize a public housing agency to mortgage or otherwise grant a security interest in any public housing project or other property of the public housing agency.
(b) Terms and conditions In making any authorization under subsection (a), the Secretary may consider—
(1) the ability of the public housing agency to use the proceeds of the mortgage or security interest for low-income housing uses;
(2) the ability of the public housing agency to make payments on the mortgage or security interest; and
(3) such other criteria as the Secretary may specify.
(c) No Federal liability No action taken under this section shall result in any liability to the Federal Government.
(Sept. 1, 1937, ch. 896, title I, § 30, as added Pub. L. 105276, title V, § 516, Oct. 21, 1998, 112 Stat. 2550.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date except to extent otherwise provided, see section 503 of Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
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# 42 U.S.C. § 1437z3 - Pet ownership in public housing
## Text
(a) Ownership conditions A resident of a dwelling unit in public housing (as such term is defined in subsection (c)) may own 1 or more common household pets or have 1 or more common household pets present in the dwelling unit of such resident, subject to the reasonable requirements of the public housing agency, if the resident maintains each pet responsibly and in accordance with applicable State and local public health, animal control, and animal anti-cruelty laws and regulations and with the policies established in the public housing agency plan for the agency.
(b) Reasonable requirements The reasonable requirements referred to in subsection (a) may include—
(1) requiring payment of a nominal fee, a pet deposit, or both, by residents owning or having pets present, to cover the reasonable operating costs to the project relating to the presence of pets and to establish an escrow account for additional costs not otherwise covered, respectively;
(2) limitations on the number of animals in a unit, based on unit size;
(3) prohibitions on—
(A) types of animals that are classified as dangerous; and
(B) individual animals, based on certain factors, including the size and weight of the animal; and
(4) restrictions or prohibitions based on size and type of building or project, or other relevant conditions.
(c) Pet ownership in public housing designated for occupancy by elderly or handicapped families For purposes of this section, the term “public housing” has the meaning given the term in section 1437a(b) of this title, except that such term does not include any public housing that is federally assisted rental housing for the elderly or handicapped, as such term is defined in section 1701r1(d) of title 12.
(d) Regulations This section shall take effect upon the date of the effectiveness of regulations issued by the Secretary to carry out this section. Such regulations shall be issued after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5 applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).
(Sept. 1, 1937, ch. 896, title I, § 31, as added Pub. L. 105276, title V, § 526, Oct. 21, 1998, 112 Stat. 2568.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date except to extent otherwise provided, see section 503 of Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
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# 42 U.S.C. § 1437z4 - Resident homeownership programs
## Text
(a) In general A public housing agency may carry out a homeownership program in accordance with this section and the public housing agency plan of the agency to make public housing dwelling units, public housing projects, and other housing projects available for purchase by low-income families for use only as principal residences for such families. An agency may transfer a unit pursuant to a homeownership program only if the program is authorized under this section and approved by the Secretary.
(b) Participating units A program under this section may cover any existing public housing dwelling units or projects, and may include other dwelling units and housing owned, assisted, or operated, or otherwise acquired for use under such program, by the public housing agency.
(c) Eligible purchasers (1) Low-income requirement Only low-income families assisted by a public housing agency, other low-income families, and entities formed to facilitate such sales by purchasing units for resale to low-income families shall be eligible to purchase housing under a homeownership program under this section.
(2) Other requirements A public housing agency may establish other requirements or limitations for families to purchase housing under a homeownership program under this section, including requirements or limitations regarding employment or participation in employment counseling or training activities, criminal activity, participation in homeownership counseling programs, evidence of regular income, and other requirements. In the case of purchase by an entity for resale to low-income families, the entity shall sell the units to low-income families within 5 years from the date of its acquisition of the units. The entity shall use any net proceeds from the resale and from managing the units, as determined in accordance with guidelines of the Secretary, for housing purposes, such as funding resident organizations and reserves for capital replacements.
(d) Right of first refusal In making any sale under this section, the public housing agency shall initially offer the public housing unit at issue to the resident or residents occupying that unit, if any, or to an organization serving as a conduit for sales to any such resident.
(e) Protection of nonpurchasing residents If a public housing resident does not exercise the right of first refusal under subsection (d) with respect to the public housing unit in which the resident resides, the public housing agency—
(1) shall notify the resident residing in the unit 90 days prior to the displacement date except in cases of imminent threat to health or safety, consistent with any guidelines issued by the Secretary governing such notifications, that—
(A) the public housing unit will be sold;
(B) the transfer of possession of the unit will occur until the resident is relocated; and
(C) each resident displaced by such action will be offered comparable housing—
(i) that meets housing quality standards;
(ii) that is located in an area that is generally not less desirable than the location of the displaced residents housing; and
(iii) which may include—
(I) tenant-based assistance, except that the requirement under this subclause regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of such resident into such housing;
(II) project-based assistance; or
(III) occupancy in a unit owned, operated, or assisted by the public housing agency at a rental rate paid by the resident that is comparable to the rental rate applicable to the unit from which the resident is vacated;
(2) shall provide for the payment of the actual and reasonable relocation expenses of the resident to be displaced;
(3) shall ensure that the displaced resident is offered comparable housing in accordance with the notice under paragraph (1);
(4) shall provide any necessary counseling for the displaced resident; and
(5) shall not transfer possession of the unit until the resident is relocated.
(f) Financing and assistance A homeownership program under this section may provide financing for acquisition of housing by families purchasing under the program, or for acquisition of housing by the public housing agency for sale under the program, in any manner considered appropriate by the agency (including sale to a resident management corporation).
(g) Downpayment requirement (1) In general Each family purchasing housing under a homeownership program under this section shall be required to provide from its own resources a downpayment in connection with any loan for acquisition of the housing, in an amount determined by the public housing agency. Except as provided in paragraph (2), the agency shall permit the family to use grant amounts, gifts from relatives, contributions from private sources, and similar amounts as downpayment amounts in such purchase.
(2) Direct family contribution In purchasing housing pursuant to this section, each family shall contribute an amount of the downpayment, from resources of the family other than grants, gifts, contributions, or other similar amounts referred to in paragraph (1), that is not less than 1 percent of the purchase price.
(h) Ownership interests A homeownership program under this section may provide for sale to the purchasing family of any ownership interest that the public housing agency considers appropriate under the program, including ownership in fee simple, a condominium interest, an interest in a limited dividend cooperative, a shared appreciation interest with a public housing agency providing financing.
(i) Resale (1) Authority and limitation A homeownership program under this section shall permit the resale of a dwelling unit purchased under the program by an eligible family, but shall provide such limitations on resale as the agency considers appropriate (whether the family purchases directly from the agency or from another entity) for the agency to recapture—
(A) some or all of the economic gain derived from any such resale occurring during the 5-year period beginning upon purchase of the dwelling unit by the eligible family; and
(B) after the expiration of such 5-year period, only such amounts as are equivalent to the assistance provided under this section by the agency to the purchaser.
(2) Considerations The limitations referred to in paragraph (1)(A) may provide for consideration of the aggregate amount of assistance provided under the program to the family, the contribution to equity provided by the purchasing eligible family, the period of time elapsed between purchase under the homeownership program and resale, the reason for resale, any improvements to the property made by the eligible family, any appreciation in the value of the property, and any other factors that the agency considers appropriate.
(j) Net proceeds The net proceeds of any sales under a homeownership program under this section remaining after payment of all costs of the sale shall be used for purposes relating to low-income housing and in accordance with the public housing agency plan of the agency carrying out the program.
(k) Homeownership assistance From amounts distributed to a public housing agency under the Capital Fund under section 1437g(d) of this title, or from other income earned by the public housing agency, the public housing agency may provide assistance to public housing residents to facilitate the ability of those residents to purchase a principal residence, including a residence other than a residence located in a public housing project.
(l) Inapplicability of disposition requirements The provisions of section 1437p of this title shall not apply to disposition of public housing dwelling units under a homeownership program under this section.
(Sept. 1, 1937, ch. 896, title I, § 32, as added Pub. L. 105276, title V, § 536, Oct. 21, 1998, 112 Stat. 2586.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date except to extent otherwise provided, see section 503 of Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
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# 42 U.S.C. § 1437z5 - Required conversion of distressed public housing to tenant-based assistance
## Text
(a) Identification of units Each public housing agency shall identify all public housing projects of the public housing agency that meet all of the following requirements:
(1) The project is on the same or contiguous sites.
(2) The project is determined by the public housing agency to be distressed, which determination shall be made in accordance with guidelines established by the Secretary, which guidelines shall take into account the criteria established in the Final Report of the National Commission on Severely Distressed Public Housing (August 1992).
(3) The project—
(A) is identified as distressed housing under paragraph (2) for which the public housing agency cannot assure the long-term viability as public housing through reasonable modernization expenses, density reduction, achievement of a broader range of family income, or other measures; or
(B) has an estimated cost, during the remaining useful life of the project, of continued operation and modernization as public housing that exceeds the estimated cost, during the remaining useful life of the project, of providing tenant-based assistance under section 1437f of this title for all families in occupancy, based on appropriate indicators of cost (such as the percentage of total development costs required for modernization).
(b) Consultation Each public housing agency shall consult with the appropriate public housing residents and the appropriate unit of general local government in identifying any public housing projects under subsection (a).
(c) Plan for removal of units from inventories of PHAs (1) Development Each public housing agency shall develop and carry out a 5-year plan in conjunction with the Secretary for the removal of public housing units identified under subsection (a) from the inventory of the public housing agency and the annual contributions contract.
(2) Approval Each plan required under paragraph (1) shall—
(A) be included as part of the public housing agency plan;
(B) be certified by the relevant local official to be in accordance with the comprehensive housing affordability strategy under title I of the Housing and Community Development Act of 1992; and
(C) include a description of any disposition and demolition plan for the public housing units.
(3) Extensions The Secretary may extend the 5-year deadline described in paragraph (1) by not more than an additional 5 years if the Secretary makes a determination that the deadline is impracticable.
(4) Review by Secretary (A) Failure to identify projects If the Secretary determines, based on a plan submitted under this subsection, that a public housing agency has failed to identify 1 or more public housing projects that the Secretary determines should have been identified under subsection (a), the Secretary may designate the public housing projects to be removed from the inventory of the public housing agency pursuant to this section.
(B) Erroneous identification of projects If the Secretary determines, based on a plan submitted under this subsection, that a public housing agency has identified 1 or more public housing projects that should not have been identified pursuant to subsection (a), the Secretary shall—
(i) require the public housing agency to revise the plan of the public housing agency under this subsection; and
(ii) prohibit the removal of any such public housing project from the inventory of the public housing agency under this section.
(d) Conversion to tenant-based assistance (1) In general To the extent approved in advance in appropriations Acts, the Secretary shall make budget authority available to a public housing agency to provide assistance under this chapter to families residing in any public housing project that, pursuant to this section, is removed from the inventory of the agency and the annual contributions contract of the agency.
(2) Conversion requirements Each agency carrying out a plan under subsection (c) for removal of public housing dwelling units from the inventory of the agency shall—
(A) notify each family residing in a public housing project to be converted under the plan 90 days prior to the displacement date, except in cases of imminent threat to health or safety, consistent with any guidelines issued by the Secretary governing such notifications, that—
(i) the public housing project will be removed from the inventory of the public housing agency; and
(ii) each family displaced by such action will be offered comparable housing—
(I) that meets housing quality standards; and
(II) which may include—
(aa) tenant-based assistance, except that the requirement under this clause regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of such family into such housing;
(bb) project-based assistance; or
(cc) occupancy in a unit operated or assisted by the public housing agency at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is vacated.
(B) provide any necessary counseling for families displaced by such action;
(C) ensure that, if the project (or portion) converted is used as housing after such conversion, each resident may choose to remain in their dwelling unit in the project and use the tenant-based assistance toward rent for that unit;
(D) ensure that each displaced resident is offered comparable housing in accordance with the notice under subparagraph (A); and
(E) provide any actual and reasonable relocation expenses for families displaced by such action.
(e) Cessation of unnecessary spending Notwithstanding any other provision of law, if, in the determination of the Secretary, a project or projects of a public housing agency meet or are likely to meet the criteria set forth in subsection (a), the Secretary may direct the agency to cease additional spending in connection with such project or projects until the Secretary determines or approves an appropriate course of action with respect to such project or projects under this section, except to the extent that failure to expend such amounts would endanger the health or safety of residents in the project or projects.
(f) Use of budget authority Notwithstanding any other provision of law, if a project or projects are identified pursuant to subsection (a), the Secretary may authorize or direct the transfer, to the tenant-based assistance program of such agency or to appropriate site revitalization or other capital improvements approved by the Secretary, of—
(1) in the case of an agency receiving assistance under the comprehensive improvement assistance program, any amounts obligated by the Secretary for the modernization of such project or projects pursuant to section 1437l of this title (as in effect immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998);
(2) in the case of an agency receiving public housing modernization assistance by formula pursuant to such section 1437l of this title, any amounts provided to the agency which are attributable pursuant to the formula for allocating such assistance to such project or projects;
(3) in the case of an agency receiving assistance for the major reconstruction of obsolete projects, any amounts obligated by the Secretary for the major reconstruction of such project or projects pursuant to section 1437c(j)(2) of this title, as in effect immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998; and
(4) in the case of an agency receiving assistance pursuant to the formulas under section 1437g of this title, any amounts provided to the agency which are attributable pursuant to the formulas for allocating such assistance to such project or projects.
(g) Removal by Secretary The Secretary shall take appropriate actions to ensure removal of any public housing project identified under subsection (a) from the inventory of a public housing agency, if the public housing agency fails to adequately develop a plan under subsection (c) with respect to that project, or fails to adequately implement such plan in accordance with the terms of the plan.
(h) Administration (1) In general The Secretary may require a public housing agency to provide to the Secretary or to public housing residents such information as the Secretary considers to be necessary for the administration of this section.
(2) Applicability of section 1437p Section 1437p of this title shall not apply to the demolition of public housing projects removed from the inventory of the public housing agency under this section.
(Sept. 1, 1937, ch. 896, title I, § 33, as added Pub. L. 105276, title V, § 537(a), Oct. 21, 1998, 112 Stat. 2588.)
## Notes
Editorial Notes
References in TextTitle I of the Housing and Community Development Act of 1992, referred to in subsec. (c)(2)(B), is title I of Pub. L. 102550, Oct. 28, 1992, 106 Stat. 3681. For complete classification of title I to the Code, see Tables. Section 1437l of this title, referred to in subsec. (f)(1), (2), was repealed by Pub. L. 105276, title V, § 522(a), Oct. 21, 1998, 112 Stat. 2564. Section 503(a) of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (f)(1), (3), is section 503(a) of Pub. L. 105276, which is set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date except to extent otherwise provided, see section 503 of Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
TransitionPub. L. 105276, title V, § 537(c), Oct. 21, 1998, 112 Stat. 2592, provided that: “(1) Use of amounts.—Any amounts made available to a public housing agency to carry out section 202 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (enacted as section 101(e) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104134; 110 Stat. 1321279)) [former 42 U.S.C. 1437l note] may be used, to the extent or in such amounts as are or have been provided in advance in appropriation Acts, to carry out section 33 of the United States Housing Act of 1937 [42 U.S.C. 1437z5] (as added by subsection (a) of this section). “(2) Savings provision.—Notwithstanding the amendments made by this section [enacting this section and repealing provisions set out as a note under section 1437l of this title], section 202 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 14371 [1437l] note) and any regulations implementing such section, as in effect immediately before the enactment of this Act [Oct. 21, 1998], shall continue to apply to public housing developments identified by the Secretary or a public housing agency for conversion pursuant to that section or for assessment of whether such conversion is required prior to enactment of this Act.”
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# 42 U.S.C. § 1437z6 - Services for public and Indian housing residents
## Text
(a) In general To the extent that amounts are provided in advance in appropriations Acts, the Secretary may make grants to public housing agencies on behalf of public housing residents, recipients under the Native American Housing Assistance and Self-Determination Act of 1996 [25 U.S.C. 4101 et seq.] (notwithstanding section 502 of such Act [25 U.S.C. 4181]) on behalf of residents of housing assisted under such Act, or directly to resident management corporations, resident councils, or resident organizations (including nonprofit entities supported by residents), for the purposes of providing a program of supportive services and resident empowerment activities to provide supportive services to public housing residents and residents of housing assisted under such Act or assist such residents in becoming economically self-sufficient.
(b) Eligible activities Grantees under this section may use such amounts only for activities on or near the property of the public housing agency or public housing project or the property of a recipient under such Act or housing assisted under such Act that are designed to promote the self-sufficiency of public housing residents or residents of housing assisted under such Act or provide supportive services for such residents, including activities relating to—
(1) physical improvements to a public housing project or residents of housing assisted under such Act in order to provide space for supportive services for residents;
(2) the provision of service coordinators or a congregate housing services program for elderly individuals, elderly disabled individuals, nonelderly disabled individuals, or temporarily disabled individuals;
(3) the provision of services related to work readiness, including education, job training and counseling, job search skills, business development training and planning, tutoring, mentoring, adult literacy, computer access, personal and family counseling, health screening, work readiness health services, transportation, and child care;
(4) economic and job development, including employer linkages and job placement, and the start-up of resident microenterprises, community credit unions, and revolving loan funds, including the licensing, bonding, and insurance needed to operate such enterprises;
(5) resident management activities and resident participation activities; and
(6) other activities designed to improve the economic self-sufficiency of residents.
(c) Funding distribution (1) In general Except for amounts provided under subsection (d), the Secretary may distribute amounts made available under this section on the basis of a competition or a formula, as appropriate.
(2) Factors for distribution Factors for distribution under paragraph (1) shall include—
(A) the demonstrated capacity of the applicant to carry out a program of supportive services or resident empowerment activities;
(B) the ability of the applicant to leverage additional resources for the provision of services; and
(C) the extent to which the grant will result in a high quality program of supportive services or resident empowerment activities.
(d) Matching requirement The Secretary may not make any grant under this section to any applicant unless the applicant supplements amounts made available under this section with funds from sources other than this section in an amount equal to not less than 25 percent of the grant amount. Such supplemental amounts may include—
(1) funds from other Federal sources;
(2) funds from any State, local, or tribal government sources;
(3) funds from private contributions; and
(4) the value of any in-kind services or administrative costs provided to the applicant.
(e) Funding for resident organizations To the extent that there are a sufficient number of qualified applications for assistance under this section, not less than 25 percent of any amounts appropriated to carry out this section shall be provided directly to resident councils, resident organizations, and resident management corporations. In any case in which a resident council, resident organization, or resident management corporation lacks adequate expertise, the Secretary may require the council, organization, or corporation to utilize other qualified organizations as contract administrators with respect to financial assistance provided under this section.
(Sept. 1, 1937, ch. 896, title I, § 34, as added Pub. L. 105276, title V, § 538(a), Oct. 21, 1998, 112 Stat. 2592; amended Pub. L. 106377, § 1(a)(1) [title II, § 221(a)], Oct. 27, 2000, 114 Stat. 1441, 1441A29.)
## Notes
Editorial Notes
References in TextThe Native American Housing Assistance and Self-Determination Act of 1996, referred to in subsecs. (a) and (b), is Pub. L. 104330, Oct. 26, 1996, 110 Stat. 4016, which is classified principally to chapter 43 (§ 4101 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of Title 25 and Tables.
Amendments2000—Pub. L. 106377, § 1(a)(1) [title II, § 221(a)(1)], substituted “public and Indian housing” for “public housing” in section catchline. Subsec. (a). Pub. L. 106377, § 1(a)(1) [title II, § 221(a)(2)], inserted “recipients under the Native American Housing Assistance and Self-Determination Act of 1996 (notwithstanding section 502 of such Act) on behalf of residents of housing assisted under such Act,” after “on behalf of public housing residents,” and inserted “and residents of housing assisted under such Act” after “supportive services to public housing residents”. Subsec. (b). Pub. L. 106377, § 1(a)(1) [title II, § 221(a)(3)(A), (B)], in introductory provisions, inserted “or the property of a recipient under such Act or housing assisted under such Act” after “public housing project” and “or residents of housing assisted under such Act” after “public housing residents”. Subsec. (b)(1). Pub. L. 106377, § 1(a)(1) [title II, § 221(a)(3)(C)], inserted “or residents of housing assisted under such Act” after “public housing project”. Subsec. (d)(2). Pub. L. 106377, § 1(a)(1) [title II, § 221(a)(4)], substituted “State, local, or tribal government” for “State or local government”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date except to extent otherwise provided, see section 503 of Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
Assessment and Report by SecretaryPub. L. 105276, title V, § 538(b), Oct. 21, 1998, 112 Stat. 2594, as amended by Pub. L. 106377, § 1(a)(1) [title II, § 221(b)], Oct. 27, 2000, 114 Stat. 1441, 1441A29, provided that: “Not later than 3 years after the date of the enactment of the Quality Housing and Work Responsibility Act of 1998 [Oct. 21, 1998], the Secretary of Housing and Urban Development shall— “(1) conduct an evaluation and assessment of grants carried out by resident organizations, and particularly of the effect of the grants on living conditions in public housing and housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 [25 U.S.C. 4101 et seq.]; and “(2) submit to the Congress a report setting forth the findings of the Secretary as a result of the evaluation and assessment and including any recommendations the Secretary determines to be appropriate.“This subsection shall take effect on the date of the enactment of this Act [Oct. 21, 1998].”
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# 42 U.S.C. § 1437z7 - Mixed-finance public housing
## Text
(a) Authority A public housing agency may own, operate, assist, or otherwise participate in 1 or more mixed-finance projects in accordance with this section.
(b) Assistance (1) Forms A public housing agency may provide to a mixed-finance project assistance from the Operating Fund under section 1437g of this title, assistance from the Capital Fund under such section, or both forms of assistance. A public housing agency may, in accordance with regulations established by the Secretary, provide capital assistance to a mixed-finance project in the form of a grant, loan, guarantee, or other form of investment in the project, which may involve drawdown of funds on a schedule commensurate with construction draws for deposit into an interest-bearing escrow account to serve as collateral or credit enhancement for bonds issued by a public agency, or for other forms of public or private borrowings, for the construction or rehabilitation of the development.
(2) Use To the extent deemed appropriate by the Secretary, assistance used in connection with the costs associated with the operation and management of mixed-finance projects may be used for funding of an operating reserve to ensure affordability for low-income and very low-income families in lieu of the availability of operating funds for public housing units in a mixed-finance project.
(c) Compliance with public housing requirements The units assisted with capital or operating assistance in a mixed-finance project shall be developed, operated, and maintained in accordance with the requirements of this chapter relating to public housing during the period required by under 11 So in original. this chapter, unless otherwise specified in this section. For purposes of this chapter, any reference to public housing owned or operated by a public housing agency shall include dwelling units in a mixed finance project that are assisted by the agency with capital or operating assistance.
(d) Mixed-finance projects (1) In general For purposes of this section, the term “mixed-finance project” means a project that meets the requirements of paragraph (2) and is financially assisted by private resources, which may include low-income housing tax credits, in addition to amounts provided under this chapter.
(2) Types of projects The term includes a project that is developed—
(A) by a public housing agency or by an entity affiliated with a public housing agency;
(B) by a partnership, a limited liability company, or other entity in which the public housing agency (or an entity affiliated with a public housing agency) is a general partner, managing member, or otherwise participates in the activities of that entity;
(C) by any entity that grants to the public housing agency the right of first refusal and first option to purchase, after the close of the compliance period, of the qualified low-income building in which the public housing units exist in accordance with section 42(i)(7) of title 26; or
(D) in accordance with such other terms and conditions as the Secretary may prescribe by regulation.
(e) Structure of projects Each mixed-finance project shall be developed—
(1) in a manner that ensures that public housing units are made available in the project, by regulatory and operating agreement, master contract, individual lease, condominium or cooperative agreement, or equity interest;
(2) in a manner that ensures that the number of public housing units bears approximately the same proportion to the total number of units in the mixed-finance project as the value of the total financial commitment provided by the public housing agency bears to the value of the total financial commitment in the project, or shall not be less than the number of units that could have been developed under the conventional public housing program with the assistance, or as may otherwise be approved by the Secretary; and
(3) in accordance with such other requirements as the Secretary may prescribe by regulation.
(f) Taxation (1) In general A public housing agency may elect to exempt all public housing units in a mixed-finance project—
(A) from the provisions of section 1437d(d) of this title, and instead subject such units to local real estate taxes; and
(B) from the finding of need and cooperative agreement provisions under section 1437c(e)(1)(ii) and 1437c(e)(2) of this title, but only if the development of the units is not inconsistent with the jurisdictions comprehensive housing affordability strategy.
(2) Low-income housing tax credit With respect to any unit in a mixed-finance project that is assisted pursuant to the low-income housing tax credit under section 42 of title 26, the rents charged to the residents may be set at levels not to exceed the amounts allowable under that section, provided that such levels for public housing residents do not exceed the amounts allowable under section 1437a of this title.
(g) Use of savings Notwithstanding any other provision of this chapter, to the extent deemed appropriate by the Secretary, to facilitate the establishment of socioeconomically mixed communities, a public housing agency that uses assistance from the Capital Fund for a mixed-finance project, to the extent that income from such a project reduces the amount of assistance used for operating or other costs relating to public housing, may use such resulting savings to rent privately developed dwelling units in the neighborhood of the mixed-finance project. Such units shall be made available for occupancy only by low-income families eligible for residency in public housing.
(h) Effect of certain contract terms If an entity that owns or operates a mixed-finance project, that includes a significant number of units other than public housing units enters into a contract with a public housing agency, the terms of which obligate the entity to operate and maintain a specified number of units in the project as public housing units in accordance with the requirements of this chapter for the period required by law, such contractual terms may provide that, if, as a result of a reduction in appropriations under section 1437g of this title or any other change in applicable law, the public housing agency is unable to fulfill its contractual obligations with respect to those public housing units, that entity may deviate, under procedures and requirements developed through regulations by the Secretary, from otherwise applicable restrictions under this chapter regarding rents, income eligibility, and other areas of public housing management with respect to a portion or all of those public housing units, to the extent necessary to preserve the viability of those units while maintaining the low-income character of the units to the maximum extent practicable.
(Sept. 1, 1937, ch. 896, title I, § 35, as added Pub. L. 105276, title V, § 539[(a)], Oct. 21, 1998, 112 Stat. 2594.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date except to extent otherwise provided, see section 503 of Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
RegulationsPub. L. 105276, title V, § 539(b), Oct. 21, 1998, 112 Stat. 2596, provided that: “The Secretary shall issue such regulations as may be necessary to promote the development of mixed-finance projects, as that term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] (as amended by this Act).”
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# 42 U.S.C. § 1437z8 - Collection of information on tenants in tax credit projects
## Text
(a) In general Each State agency administering tax credits under section 42 of title 26 shall furnish to the Secretary of Housing and Urban Development, not less than annually, information concerning the race, ethnicity, family composition, age, income, use of rental assistance under section 1437f(o) of this title or other similar assistance, disability status, and monthly rental payments of households residing in each property receiving such credits through such agency. Such State agencies shall, to the extent feasible, collect such information through existing reporting processes and in a manner that minimizes burdens on property owners. In the case of any household that continues to reside in the same dwelling unit, information provided by the household in a previous year may be used if the information is of a category that is not subject to change or if information for the current year is not readily available to the owner of the property.
(b) Standards The Secretary shall establish standards and definitions for the information collected under subsection (a), provide States with technical assistance in establishing systems to compile and submit such information, and, in coordination with other Federal agencies administering housing programs, establish procedures to minimize duplicative reporting requirements for properties assisted under multiple housing programs.
(c) Public availability The Secretary shall, not less than annually, compile and make publicly available the information submitted to the Secretary pursuant to subsection (a).
(d) Authorization of appropriations There is authorized to be appropriated for the cost of activities required under subsections (b) and (c) $2,500,000 for fiscal year 2009 and $900,000 for each of fiscal years 2010 through 2013.
(Sept. 1, 1937, ch. 896, title I, § 36, as added Pub. L. 110289, div. B, title VIII, § 2835(d), July 30, 2008, 122 Stat. 2874.)
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# 42 U.S.C. § 1437z9 - Data exchange standards for improved interoperability
## Text
(a) Designation The Secretary shall, in consultation with an interagency work group established by the Office of Management and Budget, and considering State government perspectives, designate data exchange standards to govern, under this chapter—
(1) necessary categories of information that State agencies operating related programs are required under applicable law to electronically exchange with another State agency; and
(2) Federal reporting and data exchange required under applicable law.
(b) Requirements The data exchange standards required by subsection (a) shall, to the maximum extent practicable—
(1) incorporate a widely accepted, nonproprietary, searchable, computer-readable format, such as the eXtensible Markup Language;
(2) contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model;
(3) incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance;
(4) be consistent with and implement applicable accounting principles;
(5) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and
(6) be capable of being continually upgraded as necessary.
(c) Rules of construction Nothing in this section requires a change to existing data exchange standards for Federal reporting found to be effective and efficient.
(Sept. 1, 1937, ch. 896, title I, § 37, as added Pub. L. 114201, title V, § 503(a), July 29, 2016, 130 Stat. 811.)
## Notes
Statutory Notes and Related Subsidiaries
RegulationsPub. L. 114201, title V, § 503(b), July 29, 2016, 130 Stat. 812, provided that: “(1) In general.—Not later than 2 years after the date of the enactment of this Act [July 29, 2016], the Secretary of Housing and Urban Development shall issue a proposed rule to carry out the amendments made by subsection (a) [enacting this section]. “(2) Requirements.—The rule shall—“(A) identify federally required data exchanges; “(B) include specification and timing of exchanges to be standardized; “(C) address the factors used in determining whether and when to standardize data exchanges; “(D) specify State implementation options; and “(E) describe future milestones.”
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# 42 U.S.C. § 1437z - Exchange of information with law enforcement agencies
## Text
Notwithstanding any other provision of law, each public housing agency that enters into a contract for assistance under section 1437d or 1437f of this title with the Secretary shall furnish any Federal, State, or local law enforcement officer, upon the request of the officer, with the current address, Social Security number, and photograph (if applicable) of any recipient of assistance under this chapter, if the officer—
(1) furnishes the public housing agency with the name of the recipient; and
(2) notifies the agency that—
(A) such recipient—
(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; or
(iii) has information that is necessary for the officer to conduct the officers official duties;
(B) the location or apprehension of the recipient is within such officers official duties; and
(C) the request is made in the proper exercise of the officers official duties.
(Sept. 1, 1937, ch. 896, title I, § 28, formerly § 27, as added Pub. L. 104193, title IX, § 903(b), Aug. 22, 1996, 110 Stat. 2348; renumbered § 28, Pub. L. 10565, title V, § 562(a)(1), Oct. 27, 1997, 111 Stat. 1416.)
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# 42 U.S.C. § 1438 - Repealed. Pub. L. 105276, title V, § 582(a)(15), Oct. 21, 1998, 112 Stat. 2644
## Notes
Section, Pub. L. 93383, title II, § 209, Aug. 22, 1974, 88 Stat. 669; Pub. L. 98479, title II, § 201(g), Oct. 17, 1984, 98 Stat. 2228; Pub. L. 102550, title VI, § 625(b), Oct. 28, 1992, 106 Stat. 3820, related to special low-income housing projects for elderly or disabled families.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement repeal before such date, and with savings provision, see section 503 of Pub. L. 105276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
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# 42 U.S.C. § 1440 - State housing finance and development agencies
## Text
(a) Statement of purpose; participation by private and nonprofit developers in activities assisted It is the purpose of this section to encourage the formation and effective operation of State housing finance agencies and State development agencies which have authority to finance, to assist in carrying out, or to carry out activities designed to (1) provide housing and related facilities through land acquisition, construction, or rehabilitation, for persons and families of low, moderate, and middle income, (2) promote the sound growth and development of neighborhoods through the revitalization of slum and blighted areas, (3) increase and improve employment opportunities for the unemployed and underemployed through the development and redevelopment of industrial, manufacturing, and commercial facilities, or (4) implement the development aspects of State land use and preservation policies, including the advance acquisition of land where it is consistent with such policies. The Secretary of Housing and Urban Development shall encourage maximum participation by private and nonprofit developers in activities assisted under this section.
(b) Determination of eligibility for assistance; definitions (1) A State housing finance or State development agency is eligible for assistance under this section only if the Secretary determines that it is fully empowered and has adequate authority to at least carry out or assist in carrying out the purposes specified in clause (1) of subsection (a).
(2) For the purpose of this section—
(A) the term “State housing finance or State development agency” means any public body or agency, publicly sponsored corporation, or instrumentality of one or more States which is designated by the Governor (or Governors in the case of an interstate development agency) for purposes of this section;
(B) the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and
(C) the term “Secretary” means the Secretary of Housing and Urban Development.
(c) Guarantee of obligations issued by agencies; grants to agencies for interest payments on obligations; maximum amount of grants; prerequisites for guarantee; full faith and credit pledged for payment of guarantee; effect and validity of guarantee; fees and charges for guarantee; authorization of appropriations for grants; maximum amount of obligations guaranteed (1) The Secretary is authorized to guarantee, and enter into commitments to guarantee, the bonds, debentures, notes, and other obligations issued by State housing finance or State development agencies to finance development activities as determined by him to be in furtherance of the purpose of clause (1) or (2) of subsection (a), except that obligations issued to finance activities solely in furtherance of the purpose of clause (1) of subsection (a) may be guaranteed only if the activities are in connection with the revitalization of slum or blighted areas under title I of this Act [42 U.S.C. 5301 et seq.] or under any other program determined to be acceptable by the Secretary for this purpose.
(2) The Secretary is authorized to make, and to contract to make, grants to or on behalf of a State housing finance or State development agency to cover not to exceed 33⅓ per centum of the interest payable on bonds, debentures, notes, and other obligations issued by such agency to finance development activities in furtherance of the purposes of this section.
(3) No obligation shall be guaranteed or otherwise assisted under this section unless the interest income thereon is subject to Federal taxation as provided in subsection (h)(2), except that use of guarantees provided for in this subsection shall not be made a condition to nor preclude receipt of any other Federal assistance.
(4) The full faith and credit of the United States is pledged to the payment of all guarantees made under this section with respect to principal, interest, and any redemption premiums. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligation involved for such guarantee, and the validity of any guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligation.
(5) The Secretary is authorized to establish and collect such fees and charges for and in connection with guarantees made under this section as he considers reasonable.
(6) There are authorized to be appropriated such sums as may be necessary to make payments as provided for in contracts entered into by the Secretary under paragraph (2) of this subsection, and payments pursuant to such contracts shall not exceed $50,000,000 per annum prior to July 1, 1975, which maximum dollar amount shall be increased by $60,000,000 on July 1, 1975. The aggregate principal amount of the obligations which may be guaranteed under this section and outstanding at any one time shall not exceed $500,000,000.
(d) Requirements for guaranteed obligations The Secretary shall take such steps as he considers reasonable to assure that bonds, debentures, notes, and other obligations which are guaranteed under subsection (c) will—
(1) be issued only to investors approved by, or meeting requirements prescribed by, the Secretary, or, if an offering to the public is contemplated, be underwritten upon terms and conditions approved by the Secretary;
(2) bear interest at a rate satisfactory to the Secretary;
(3) contain or be subject to repayment, maturity, and other provisions satisfactory to the Secretary; and
(4) contain or be subject to provisions with respect to the protection of the security interests of the United States, including any provisions deemed appropriate by the Secretary relating to subrogation, liens, and releases of liens, payment of taxes, cost certification procedures, escrow or trusteeship requirements, or other matters.
(e) Revolving fund for payment of liabilities incurred pursuant to guarantees and payment of obligations issued to Secretary of the Treasury; composition; availability, issuance of obligations to Secretary of the Treasury for implementation of guarantees; amount, maturity, rate of interest, and purchase by Secretary of the Treasury of obligations; payment of expenses and charges (1) The Secretary is authorized to establish a revolving fund to provide for the timely payment of any liabilities incurred as a result of guarantees under subsection (c) and for the payment of obligations issued to the Secretary of the Treasury under paragraph (2) of this subsection. Such revolving fund shall be comprised of (A) receipts from fees and charges; (B) recoveries under security, subrogation, and other rights; (C) repayments, interest income, and any other receipts obtained in connection with guarantees made under subsection (c); (D) proceeds of the obligations issued to the Secretary of the Treasury pursuant to paragraph (2) of this subsection; and (E) such sums, which are hereby authorized to be appropriated, as may be required for such purposes. Money in the revolving fund not currently needed for the purpose of this section shall be kept on hand or on deposit, or invested in obligations of the United States or guaranteed thereby, or in obligations, participations, or other instruments which are lawful investments for fiduciary, trust, or public funds.
(2) The Secretary may issue obligations to the Secretary of the Treasury in an amount sufficient to enable the Secretary to carry out his functions with respect to the guarantees authorized by subsection (c). The obligations issued under this paragraph 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 obligations so issued, and for that purpose he is authorized to use a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under such chapter are extended to include purchases of the obligations hereunder.
(3) Notwithstanding any other provision of law relating to the acquisition, handling, improvement, or disposal of real and other property by the United States, the Secretary shall have power, for the protection of the interests of the fund authorized under this subsection, to pay out of such fund all expenses or charges in connection with the acquisition, handling, improvement, or disposal of any property, real or personal, acquired by him as a result of recoveries under security, subrogation, or other rights.
(f) Technical assistance to agencies for planning and execution of development activities The Secretary is authorized to provide, either directly or by contract or other arrangements, technical assistance to State housing finance or State development agencies to assist them in connection with planning and carrying out development activities in furtherance of the purpose of this section.
(g) Labor standards All laborers and mechanics employed by contractors or subcontractors in housing or development activities assisted under this section shall be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with sections 31413144, 3146, and 3147 of title 40: Provided, That this section shall apply to the construction of residential property only if such property is designed for residential use for eight or more families. No assistance shall be extended under this section with respect to any development activities without first obtaining adequate assurance that these labor standards will be maintained upon the work involved in such activities. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267), and section 3145 of title 40.
(h) Protection of guarantees issued by United States; inclusion by purchaser in gross income of interest paid on obligations issued by agencies (1) In the performance of, and with respect to, the functions, powers, and duties vested in him by this section, the Secretary, in addition to any authority otherwise vested to him, shall—
(A) have the power, notwithstanding any other provision of law, in connection with any guarantee under this section, whether before or after default, to provide by contract for the extinguishment upon default of any redemption, equitable, legal, or other right, title, or interest of a State housing finance or State development agency in any mortgage, deed, trust, or other instrument held by or on behalf of the Secretary for the protection of the security interests of the United States; and
(B) have the power to foreclose on any property or commence any action to protect or enforce any right conferred upon him by law, contract, or other agreement, and bid for and purchase at any foreclosure or other sale any property in connection with which he has provided a guarantee pursuant to this section. In the event of any such acquisition, the Secretary may, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property. Notwithstanding any other provision of law, the Secretary shall also have power to pursue to final collection by way of compromise or otherwise all claims acquired by him in connection with any security, subrogation, or other rights obtained by him in administering this section.
(2) With respect to any obligation issued by a State housing finance or State development agency for which the issuer has elected to receive the benefits of the assistance provided under this section, the interest paid on such obligation and received by the purchaser thereof (or his successor in interest) shall be included in gross income for the purposes of chapter 1 of title 26.
(Pub. L. 93383, title VIII, § 802(a)(h), Aug. 22, 1974, 88 Stat. 722724; Pub. L. 98479, title II, § 203(l)(4), Oct. 17, 1984, 98 Stat. 2231.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (c)(1), is Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633, known as the Housing and Community Development Act of 1974. Title I of the Housing and Community Development Act of 1974 is classified principally to chapter 69 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (g), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.
Codification In subsec. (g), “sections 31413144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a5)” and “section 3145 of title 40” substituted for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)” on authority of Pub. L. 107217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. Section was enacted as part of the Housing and Community Development Act of 1974, and not as part of the United States Housing Act of 1937 which comprises this chapter.
Amendments1984—Subsec. (e)(2). Pub. L. 98479 substituted “chapter 31 of title 31” for “the Second Liberty Bond Act” and “such chapter” for “that Act”.