-CITE-

42 USC CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS

WITH AIDS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-MISC1-

Sec.

12901. Purpose.

12902. Definitions.

12903. General authority.

(a) Grants authorized.

(b) Implementation of eligible activities.

(c) Allocation of resources.

(d) Applications.

(e) Additional requirement for metropolitan areas.

(f) Additional requirement for city formula

grantees.

12904. Eligible activities.

12905. Responsibilities of grantees.

(a) Prohibition of substitution of funds.

(b) Capability.

(c) Cooperation.

(d) Prohibition of fees.

(e) Confidentiality.

(f) Financial records.

(g) Administrative expenses.

(h) Environmental review.

12906. Grants for AIDS housing information and coordination

services.

12907. AIDS short-term supported housing and services.

(a) Use of grants.

(b) Program requirements.

12908. Rental assistance.

(a) Use of funds.

(b) Limitations.

(c) Administrative costs.

12909. Single room occupancy dwellings.

(a) Use of grants.

(b) Limitation.

12910. Grants for community residences and services.

(a) Grant authority.

(b) Community residences and services.

(c) Use of grants.

(d) Limitations on use of grants.

12911. Report.

12912. Authorization of appropriations.

-End-

-CITE-

42 USC Sec. 12901 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12901. Purpose

-STATUTE-

The purpose of this chapter (!1) is to provide States and

localities with the resources and incentives to devise long-term

comprehensive strategies for meeting the housing needs of persons

with acquired immunodeficiency syndrome and families of such

persons.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 852, Nov. 28, 1990, 104 Stat.

4375; Pub. L. 102-550, title VI, Sec. 606(j)(1), Oct. 28, 1992, 106

Stat. 3810.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title", and was translated as reading "this subtitle", meaning

subtitle D (Secs. 851-863) of title VIII of Pub. L. 101-625, to

reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-550 inserted before period at end "and

families of such persons".

SHORT TITLE

Section 851 of Pub. L. 101-625 provided that: "This subtitle

[subtitle D (Secs. 851-863) of title VIII of Pub. L. 101-625,

enacting this chapter] may be cited as the 'AIDS Housing

Opportunity Act'."

REGULATIONS

Section 606(k) of Pub. L. 102-550 provided that:

"(1) Interim regulations. - Not later than the expiration of the

30-day period beginning on the date of the enactment of this Act

[Oct. 28, 1992], the Secretary of Housing and Urban Development

shall submit to the Congress a copy of proposed interim regulations

implementing subtitle D of title VIII of the Cranston-Gonzalez

National Affordable Housing Act [42 U.S.C. 12901 et seq.] (as

amended by this section). Not later than the expiration of the

45-day period beginning on the date of the enactment of this Act,

but not before the expiration of the 15-day period beginning upon

the submission of the proposed interim regulations to the Congress,

the Secretary shall publish interim regulations implementing such

subtitle (as amended), which shall take effect upon publication.

"(2) Final regulations. - Not later than the expiration of the

90-day period beginning upon the publication of interim regulations

under paragraph (1), the Secretary shall issue final regulations

implementing subtitle D of title VIII of the Cranston-Gonzalez

National Affordable Housing Act (as amended by this section) after

notice and opportunity for public comment regarding the interim

regulations, pursuant to the provisions of section 553 of title 5,

United States Code (notwithstanding subsections (a)(2), (b)(B), and

(d)(3) of such section). The duration of the period for public

comment under such section 553 shall be not less than 60 days, and

the final regulations shall take effect upon issuance."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12902 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12902. Definitions

-STATUTE-

For purposes of this chapter:

(1) The term "acquired immunodeficiency syndrome and related

diseases" means the disease of acquired immunodeficiency syndrome

or any conditions arising from the etiologic agent for acquired

immunodeficiency syndrome.

(2) The term "applicant" means a State, a unit of general local

government, or a nonprofit organization eligible to receive

assistance under this chapter.

(3) The term "low-income individual" means any individual or

family whose incomes do not exceed 80 percent of the median

income for the area, as determined by the Secretary of Housing

and Urban Development, with adjustments for smaller and larger

families, except that the Secretary may establish income ceilings

higher or lower than 80 percent of the median income for the area

if the Secretary finds that such variations are necessary because

of prevailing levels of construction costs or unusually high or

low family incomes.

(4) The term "grantee" means a State or unit of general local

government receiving grants from the Secretary under this

chapter.

(5) The term "metropolitan statistical area" means a

metropolitan statistical area as established by the Office of

Management and Budget. Such term includes the District of

Columbia.

(6) The term "locality" means the geographical area within the

jurisdiction of a local government.

(7) The term "recipient" means a grantee or other applicant

receiving funds under this chapter.(!1)

(8) The term "Secretary" means the Secretary of Housing and

Urban Development.

(9) The term "State" means a State of the United States, the

District of Columbia, and the Commonwealth of Puerto Rico, or any

agency or instrumentality thereof that is established pursuant to

legislation and designated by the chief executive to act on

behalf of the jurisdiction with regard to provisions of this

chapter.

(10) The term "unit of general local government" has the same

meaning as in section 12704 of this title.

(11) The term "city" has the meaning given the term in section

5302(a) of this title.

(12) The term "eligible person" means a person with acquired

immunodeficiency syndrome or a related disease and the family of

such person.

(13) The term "nonprofit organization" means any nonprofit

organization (including a State or locally chartered, nonprofit

organization) that -

(A) is organized under State or local laws;

(B) has no part of its net earnings inuring to the benefit of

any member, founder, contributor, or individual;

(C) complies with standards of financial accountability

acceptable to the Secretary; and

(D) has among its purposes significant activities related to

providing services or housing to persons with acquired

immunodeficiency syndrome or related diseases.

(14) The term "project sponsor" means a nonprofit organization

or a housing agency of a State or unit of general local

government that contracts with a grantee to receive assistance

under this chapter.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 853, Nov. 28, 1990, 104 Stat.

4375; Pub. L. 102-550, title VI, Sec. 606(c), Oct. 28, 1992, 106

Stat. 3807.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in par. (7), was in the original "this

title", and was translated as reading "this subtitle", meaning

subtitle D (Secs. 851-863) of title VIII of Pub. L. 101-625, to

reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

1992 - Par. (2). Pub. L. 102-550, Sec. 606(c)(1), substituted

"organization eligible to receive assistance under this chapter"

for "sponsor receiving assistance from a grantee".

Par. (5). Pub. L. 102-550, Sec. 606(c)(2), substituted "term

'metropolitan statistical area' means" for "term 'metropolitan

area' means".

Pars. (11) to (14). Pub. L. 102-550, Sec. 606(c)(3), added pars.

(11) to (14).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11403g of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12903 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12903. General authority

-STATUTE-

(a) Grants authorized

The Secretary shall, to the extent of amounts approved in

appropriations Acts under section 12912 of this title, make grants

to States, units of general local government, and nonprofit

organizations.

(b) Implementation of eligible activities

A grantee shall carry out eligible activities under section 12904

of this title through project sponsors. Any grantee that is a State

that enters into a contract with a nonprofit organization to carry

out eligible activities in a locality shall obtain the approval of

the unit of general local government for the locality before

entering into the contract.

(c) Allocation of resources

(1) Formula allocation

The Secretary shall allocate 90 percent of the amounts approved

in appropriation Acts under section 12912 of this title among

States and cities whose most recent comprehensive housing

affordability strategy (or abbreviated strategy) has been

approved by the Secretary under section 12705 of this title. Such

amounts shall be allocated as follows:

(A) 75 percent among -

(i) cities that are the most populous unit of general local

government in a metropolitan statistical area having a

population greater than 500,000 and more than 1,500 cases of

acquired immunodeficiency syndrome; and

(ii) States with more than 1,500 cases of acquired

immunodeficiency syndrome outside of metropolitan statistical

areas described in clause (i); and

(B) 25 percent among cities that (i) are the most populous

unit of general local government in a metropolitan statistical

area having a population greater than 500,000 and more than

1,500 cases of acquired immunodeficiency syndrome, and (ii)

have a higher than average per capita incidence of acquired

immunodeficiency syndrome.

A single city may receive assistance allocated under subparagraph

(A) and subparagraph (B). For purposes of allocating amounts

under this paragraph for any fiscal year, the number of cases of

acquired immunodeficiency syndrome shall be the number of such

cases reported to and confirmed by the Director of the Centers

for Disease Control of the Public Health Service as of March 31

of the fiscal year immediately preceding the fiscal year for

which the amounts are appropriated and to be allocated.

(2) Minimum grant

Subject only to the availability of amounts pursuant to

appropriations Acts under section 12912 of this title, for each

fiscal year each eligible grantee under paragraph (1) shall

receive funding according to its proportionate share of the

total, except that each entity shall receive a minimum allocation

of $200,000 from subparagraphs (A) and (B) of paragraph (1)

combined, and any increase this entails from the formula amount

will be deducted from all other allocations exceeding $200,000 on

a pro rata basis. If allocation under subparagraph (A) of

paragraph (1) would allocate less than $200,000 for any State,

the allocation for such State shall be $200,000 and the amount of

the increase under this sentence shall be deducted on a pro rata

basis from the allocations of the other States, except that a

reduction under this subparagraph may not reduce the amount

allocated to any eligible entity to less than $200,000.

(3) Nonformula allocation

(A) In general

The Secretary shall allocate 10 percent of the amounts

appropriated under section 12912 of this title among -

(i) States and units of general local government that do

not qualify for allocation of amounts under paragraph (1);

and

(ii) States, units of general local government, and

nonprofit organizations, to fund special projects of national

significance.

(B) Selection

In selecting projects under this paragraph, the Secretary

shall consider (i) relative numbers of acquired

immunodeficiency syndrome cases and per capita acquired

immunodeficiency syndrome incidence; (ii) housing needs of

eligible persons in the community; (iii) extent of local

planning and coordination of housing programs for eligible

persons; and (iv) the likelihood of the continuation of State

and local efforts.

(C) National significance projects

For the purpose of subparagraph (A)(ii), in selecting

projects of national significance the Secretary shall consider

(i) the need to assess the effectiveness of a particular model

for providing supportive housing for eligible persons; (ii) the

innovative nature of the proposed activity; and (iii) the

potential replicability of the proposed activity in other

similar localities or nationally.

(d) Applications

Funds made available under this section shall be allocated among

applications submitted by applicants and approved by the Secretary.

Applications for assistance under this section shall be submitted

by an applicant in such form and in accordance with such procedures

as the Secretary shall establish. Such applications shall contain -

(1) a description of the proposed activities;

(2) a description of the size and characteristics of the

population that would be served by the proposed activities;

(3) a description of the public and private resources that are

expected to be made available in connection with the proposed

activities;

(4) assurances satisfactory to the Secretary that any property

purchased, leased, rehabilitated, renovated, or converted with

assistance under this section shall be operated for not less than

10 years for the purpose specified in the application, except as

otherwise specified in this chapter;

(5) evidence in a form acceptable to the Secretary that the

proposed activities will meet urgent needs that are not being met

by available public and private sources; and

(6) such other information or certifications that the Secretary

determines to be necessary to achieve the purposes of this

section.

(e) Additional requirement for metropolitan areas

In addition to the other requirements of this section, to be

eligible for a grant to a metropolitan area under this section, the

major city, urban county, and any city with a population of 50,000

or more in that metropolitan area shall establish or designate a

governmental agency or organization for receipt and use of amounts

received from a grant under this section and shall submit to the

Secretary, together with the application under subsection (d) of

this section a proposal for the operation of such agency or

organization.

(f) Additional requirement for city formula grantees

In addition to the other requirements of this section, to be

eligible for a grant pursuant to subsection (c)(1) of this section,

a city shall provide such assurances as the Secretary may require

that any grant amounts received will be allocated among eligible

activities in a manner that addresses the needs within the

metropolitan statistical area in which the city is located,

including areas not within the jurisdiction of the city. Any such

city shall coordinate with other units of general local government

located within the metropolitan statistical area to provide such

assurances and comply with the assurances.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 854, Nov. 28, 1990, 104 Stat.

4376; Pub. L. 102-550, title VI, Sec. 606(d), (j)(2), Oct. 28,

1992, 106 Stat. 3807, 3810.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-550, Sec. 606(d)(1), substituted

", units of general local government, and nonprofit organizations"

for "and units of general local government".

Subsec. (b). Pub. L. 102-550, Sec. 606(d)(2), added subsec. (b)

and struck out former subsec. (b) which read as follows:

"Eligibility. - A jurisdiction shall be eligible to receive a grant

only if it has obtained an approved housing strategy (or an

approved abbreviated housing strategy) in accordance with section

12705 of this title. A grantee shall carry out activities

authorized under this chapter through contracts with project

sponsors, except that a grantee that is a State shall obtain the

approval of the unit of general local government for the locality

in which a project is to be located prior to entering into such

contracts."

Subsec. (c)(1). Pub. L. 102-550, Sec. 606(d)(3), added par. (1)

and struck out former par. (1) which read as follows: "In general.

- 90 percent of the amounts approved in appropriations Acts under

section 12912 of this title shall be allocated among eligible

grantees on the basis of the incidence of acquired immunodeficiency

syndrome. Of the amounts made available under the previous

sentence, the Secretary shall allocate -

"(A) 75 percent among units of general local government located

in metropolitan statistical areas with populations in excess of

500,000 and more than 1,500 cases of acquired immunodeficiency

syndrome and States with more than 1,500 cases of acquired

immunodeficiency syndrome outside of metropolitan statistical

areas described in subparagraph (A), and

"(B) 25 percent among units of general local government in

metropolitan statistical areas with populations in excess of

500,000 and more than 1,500 cases of acquired immunodeficiency

syndrome, that have a higher than average per capita incidence of

acquired immunodeficiency syndrome."

Subsec. (c)(3). Pub. L. 102-550, Sec. 606(d)(4)(A), substituted

"Nonformula allocation" for "Noneligible grantees" in heading.

Subsec. (c)(3)(A). Pub. L. 102-550, Sec. 606(d)(4)(B), added

subpar. (A) and struck out former subpar. (A) which read as

follows: "In general. - 10 percent of the amounts appropriated

under section 12912 of this title shall be distributed to grantees

and recipients by the Secretary -

"(i) to meet housing needs in States and localities that do not

qualify under paragraph (1), or that do qualify under paragraph

(1) but do not have an approved housing strategy under section

12705 of this title, and

"(ii) to fund special projects of national significance."

Subsec. (c)(3)(B), (C). Pub. L. 102-550, Sec. 606(j)(2),

substituted "eligible persons" for "persons with acquired

immunodeficiency syndrome" wherever appearing.

Subsec. (d). Pub. L. 102-550, Sec. 606(d)(5), substituted

"applications submitted by applicants and approved by the

Secretary" for "approvable applications submitted by eligible

applicants" in first sentence.

Subsec. (e). Pub. L. 102-550, Sec. 606(d)(6), substituted "other

requirements of this section" for "requirements of subsection (b)

of this section".

Subsec. (f). Pub. L. 102-550, Sec. 606(d)(7), added subsec. (f).

-CHANGE-

CHANGE OF NAME

Centers for Disease Control changed to Centers for Disease

Control and Prevention by Pub. L. 102-531, title III, Sec. 312,

Oct. 27, 1992, 106 Stat. 3504.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12904 of this title.

-End-

-CITE-

42 USC Sec. 12904 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12904. Eligible activities

-STATUTE-

Grants allocated under this chapter shall be available only for

approved activities to carry out strategies designed to prevent

homelessness among eligible persons. Approved activities shall

include activities that -

(1) enable public and nonprofit organizations or agencies to

provide housing information to such persons and coordinate

efforts to expand housing assistance resources for such persons

under section 12906 of this title;

(2) facilitate the development and operation of shelter and

services for such persons under section 12907 of this title;

(3) provide rental assistance to such persons under section

12908 of this title;

(4) facilitate (through project-based rental assistance or

other means) the moderate rehabilitation of single room occupancy

dwellings (SROs) that would be made available only to such

persons under section 12909 of this title;

(5) facilitate the development of community residences for

eligible persons under section 12910 of this title;

(6) carry out other activities that the Secretary develops in

cooperation with eligible States and localities, except that

activities developed under this paragraph may be assisted only

with amounts provided under section 12903(c)(3) of this title.

The Secretary shall establish standards and guidelines for approved

activities. The Secretary shall permit grantees to refine and adapt

such standards and guidelines for individual projects, where such

refinements and adaptations are made necessary by local

circumstances.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 855, Nov. 28, 1990, 104 Stat.

4378; Pub. L. 102-550, title VI, Sec. 606(e), (h)(2), (j)(3), Oct.

28, 1992, 106 Stat. 3808, 3810.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-550, Sec. 606(j)(3)(A), in introductory

provisions, substituted "eligible persons" for "such persons with

acquired immunodeficiency syndrome".

Par. (3). Pub. L. 102-550, Sec. 606(h)(2), struck out

"short-term" after "provide".

Par. (5). Pub. L. 102-550, Sec. 606(j)(3)(B), struck out "with

acquired immunodeficiency syndrome" after "persons".

Par. (6). Pub. L. 102-550, Sec. 606(e), inserted before period at

end ", except that activities developed under this paragraph may be

assisted only with amounts provided under section 12903(c)(3) of

this title".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12903, 12905 of this

title.

-End-

-CITE-

42 USC Sec. 12905 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12905. Responsibilities of grantees

-STATUTE-

(a) Prohibition of substitution of funds

Amounts received from grants under this chapter may not be used

to replace other amounts made available or designated by State or

local governments for use for the purposes under this chapter.

(b) Capability

The recipient shall have, in the determination of the grantee or

the Secretary, the capacity and capability to effectively

administer a grant under this chapter.

(c) Cooperation

The recipient shall agree to cooperate and coordinate in

providing assistance under this chapter with the agencies of the

relevant State and local governments responsible for services in

the area served by the applicant for eligible persons and other

public and private organizations and agencies providing services

for such eligible persons.

(d) Prohibition of fees

The recipient shall agree that no fee will be charged to any

eligible person for any housing or services provided with amounts

from a grant under this chapter.

(e) Confidentiality

The recipient shall agree to ensure the confidentiality of the

name of any individual assisted with amounts from a grant under

this chapter and any other information regarding individuals

receiving such assistance.

(f) Financial records

The recipient shall agree to maintain and provide the grantee or

the Secretary with financial records sufficient, in the

determination of the Secretary, to ensure proper accounting and

disbursing of amounts received from a grant under this chapter.

(g) Administrative expenses

(1) Grantees

Notwithstanding any other provision of this chapter, each

grantee may use not more than 3 percent of the grant amount for

administrative costs relating to administering grant amounts and

allocating such amounts to project sponsors.

(2) Project sponsors

Notwithstanding any other provision of this chapter, each

project sponsor receiving amounts from grants made under this

chapter (!1) may use not more than 7 percent of the amounts

received for administrative costs relating to carrying out

eligible activities under section 12904 of this title, including

the costs of staff necessary to carry out eligible activities.

(h) Environmental review

For purposes of environmental review, a grant under this chapter

shall be treated as assistance for a special project that is

subject to section 3547 of this title, and shall be subject to the

regulations issued by the Secretary to implement such section.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 856, Nov. 28, 1990, 104 Stat.

4378; Pub. L. 102-550, title VI, Sec. 606(f), (j)(4), (11)(A), Oct.

28, 1992, 106 Stat. 3809-3811; Pub. L. 106-377, Sec. 1(a)(1) [title

II, Sec. 203(c)], Oct. 27, 2000, 114 Stat. 1441, 1441A-24.)

-REFTEXT-

REFERENCES IN TEXT

Under this chapter, referred to in subsec. (g)(2), was in the

original "under this title", and was translated as reading "under

this subtitle", meaning under subtitle D (Secs. 851-863) of title

VIII of Pub. L. 101-625, to reflect the probable intent of

Congress.

-MISC1-

AMENDMENTS

2000 - Subsec. (h). Pub. L. 106-377 added subsec. (h).

1992 - Subsec. (c). Pub. L. 102-550, Sec. 606(j)(4), (11)(A),

substituted "eligible persons" for "individuals with acquired

immunodeficiency syndrome or related diseases" and "services for

such eligible persons" for "services for such individuals".

Subsec. (d). Pub. L. 102-550, Sec. 606(f)(1), added subsec. (d)

and struck out former subsec. (d) which read as follows: "No Fee. -

The recipient shall agree that no fee will be charged of any

low-income individual for any services provided with amounts from a

grant under this chapter and that if fees are charged of any other

individuals, the fees will be based on the income and resources of

the individual."

Subsec. (g). Pub. L. 102-550, Sec. 606(f)(2), added subsec. (g).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12907, 12908, 12910 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12906 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12906. Grants for AIDS housing information and coordination

services

-STATUTE-

Grants under this section may only be used for the following

activities:

(1) Housing information services

To provide (or contract to provide) counseling, information,

and referral services to assist eligible persons to locate,

acquire, finance, and maintain housing and meet their housing

needs.

(2) Resource identification

To identify, coordinate, and develop housing assistance

resources (including conducting preliminary research and making

expenditures necessary to determine the feasibility of specific

housing-related initiatives) for eligible persons.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 857, Nov. 28, 1990, 104 Stat.

4379; Pub. L. 102-550, title VI, Sec. 606(j)(11)(B), Oct. 28, 1992,

106 Stat. 3811.)

-MISC1-

AMENDMENTS

1992 - Pars. (1), (2). Pub. L. 102-550 substituted "eligible

persons" for "individuals with acquired immunodeficiency syndrome

or related diseases".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12904 of this title.

-End-

-CITE-

42 USC Sec. 12907 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12907. AIDS short-term supported housing and services

-STATUTE-

(a) Use of grants

Any amounts received from grants under this section may only be

used to carry out a program to provide (or contract to provide)

assistance to eligible persons who are homeless or in need of

housing assistance to prevent homelessness, which may include the

following activities:

(1) Short-term supported housing

Purchasing, leasing, renovating, repairing, and converting

facilities to provide short-term shelter and services.

(2) Short-term housing payments assistance

Providing rent assistance payments for short-term supported

housing and rent, mortgage, and utilities payments to prevent

homelessness of the tenant or mortgagor of a dwelling.

(3) Supportive services

Providing supportive services, to eligible persons assisted

under paragraphs (1) and (2), including health, mental health,

assessment, permanent housing placement, drug and alcohol abuse

treatment and counseling, day care, and nutritional services

(except that health services under this paragraph may only be

provided to individuals with acquired immunodeficiency syndrome

or related diseases), and providing technical assistance to

eligible persons to provide assistance in gaining access to

benefits and services for homeless individuals provided by the

Federal Government and State and local governments.

(4) Operation

Providing for the operation of short-term supported housing

provided under this section, including the costs of security,

operation insurance, utilities, furnishings, equipment, supplies,

and other incidental costs.

(5) Administration

Providing staff to carry out the program under this section

(subject to the provisions of section 12905(g) of this title).

(b) Program requirements

(1) Minimum use period for structures

(A) In general

Any building or structure assisted with amounts from a grant

under this section shall be maintained as a facility to provide

short-term supported housing or assistance for eligible persons

-

(i) in the case of assistance involving substantial

rehabilitation or acquisition of the building, for a period

of not less than 10 years; and

(ii) in the case of assistance under paragraph (1), (3), or

(4) of subsection (a) of this section, for a period of not

less than 3 years.

(B) Waiver

The Secretary may waive the requirement under subparagraph

(A) with respect to any building or structure if the

organization or agency that received the grant under which the

building was assisted demonstrates, to the satisfaction of the

Secretary, that -

(i) the structure is no longer needed to provide short-term

supported housing or assistance or the continued operation of

the structure for such purposes is no longer feasible; and

(ii) the structure will be used to benefit individuals or

families whose incomes do not exceed 80 percent of the median

income for the area, as determined by the Secretary, with

adjustments for smaller and larger families, except that the

Secretary may establish income ceilings higher or lower than

80 percent of the median income for the area if the Secretary

finds that such variations are necessary because of

prevailing levels of construction costs or unusually high or

low family incomes.

(2) Residency and location limitations on short-term supported

housing

(A) Residency

A short-term supported housing facility assisted with amounts

from a grant under this section may not provide shelter or

housing at any single time for more than 50 families or

individuals.

(B) Waiver

The Secretary may, as the Secretary determines appropriate,

waive the limitation under subparagraph (A) for any program or

short-term supported housing facility.

(3) Term of assistance

(A) Supported housing assistance

A program assisted under this section may not provide

residence in a short-term housing facility assisted under this

section to any individual for a sum of more than 60 days during

any 6-month period.

(B) Housing payments assistance

A program assisted under this section may not provide

assistance for rent, mortgage, or utilities payments to any

individual for rent, mortgage, or utilities costs accruing over

a period of more than 21 weeks of any 52-week period.

(C) Waiver

Notwithstanding subparagraphs (A) and (B), the Secretary may

waive the applicability of the requirements under such

subparagraphs with respect to any individual for which the

project sponsor has made a good faith effort to acquire

permanent housing (in accordance with paragraph (4)) and has

been unable to do so.

(4) Placement

A program assisted under this section shall provide for any

individual who has remained in short-term supported housing

assisted under the demonstration program, to the maximum extent

practicable, the opportunity for placement in permanent housing

or an environment appropriate to the health and social needs of

the individual.

(5) Presumption for independent living

In providing assistance under this section in any case in which

the residence of an individual is appropriate to the needs of the

individual, a program assisted under this section shall, when

reasonable, provide for assistance in a manner appropriate to

maintain the individual in such residence.

(6) Case management services

A program assisted under this section shall provide each

individual assisted under the program with an opportunity, if

eligible, to receive case management services available from the

appropriate social service agencies.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 858, Nov. 28, 1990, 104 Stat.

4379; Pub. L. 102-550, title VI, Sec. 606(g), (j)(5), (11)(C), Oct.

28, 1992, 106 Stat. 3809-3811.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-550, Sec. 606(j)(11)(C)(i),

substituted "eligible persons" for "individuals with acquired

immunodeficiency syndrome or related diseases" in introductory

provisions.

Subsec. (a)(3). Pub. L. 102-550, Sec. 606(g)(1)(A), (j)(5),

substituted "to eligible persons assisted under" for "to

individuals assisted under" and inserted before period at end

"(except that health services under this paragraph may only be

provided to individuals with acquired immunodeficiency syndrome or

related diseases), and providing technical assistance to eligible

persons to provide assistance in gaining access to benefits and

services for homeless individuals provided by the Federal

Government and State and local governments".

Subsec. (a)(4), (5). Pub. L. 102-550, Sec. 606(g)(1)(B), (C),

added pars. (4) and (5) and struck out former pars. (4) and (5)

which read as follows:

"(4) Maintenance and administration. - Providing for maintenance,

administration, security, operation, insurance, utilities,

furnishings, equipment, supplies, and other incidental costs

relating to any short-term supported housing provided under the

demonstration program under this section.

"(5) Technical assistance. - Providing technical assistance to

such individuals to provide assistance in gaining access to

benefits and services for homeless individuals provided by the

Federal Government and State and local governments."

Subsec. (b)(1)(A). Pub. L. 102-550, Sec. 606(j)(11)(C)(ii),

substituted "eligible persons" for "individuals with acquired

immunodeficiency syndrome or related diseases" in introductory

provisions.

Subsec. (b)(2)(B). Pub. L. 102-550, Sec. 606(g)(2)(A)(i), (iii),

redesignated subpar. (C) as (B) and struck out former subpar. (B)

which read as follows: "Location. - A facility for short-term

supported housing assisted with amounts from a grant under this

section may not be located in or contiguous to any other facility

for emergency or short-term housing that is not limited to use by

individuals with acquired immunodeficiency syndrome or related

diseases."

Subsec. (b)(2)(C). Pub. L. 102-550, Sec. 606(g)(2)(A)(ii), (iii),

substituted "limitation under subparagraph (A)" for "limitations

under subparagraphs (A) and (B)" and redesignated subpar. (C) as

(B).

Subsec. (b)(3)(C). Pub. L. 102-550, Sec. 606(g)(2)(B), added

subpar. (C).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12904 of this title.

-End-

-CITE-

42 USC Sec. 12908 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12908. Rental assistance

-STATUTE-

(a) Use of funds

(1) In general

Grants under this section may be used only for assistance to

provide rental assistance for low-income eligible persons. Such

assistance may be project based or tenant based and shall be

provided to the extent practicable in the manner provided for

under section 1437f of this title. Grantees shall ensure that the

housing provided is decent, safe, and sanitary.

(2) Shared housing arrangements

Grants under this section may be used to assist individuals who

elect to reside in shared housing arrangements in the manner

provided under section 1437f(p) of this title, except that,

notwithstanding such section, assistance under this section may

be made available to nonelderly individuals. The Secretary shall

issue any standards for shared housing under this paragraph that

vary from standards issued under section 1437f(p) of this title

only to the extent necessary to provide for circumstances of

shared housing arrangements under this paragraph that differ from

circumstances of shared housing arrangements for elderly families

under section 1437f(p) of this title.

(b) Limitations

A recipient under this section shall comply with the following

requirements:

(1) Services

The recipient shall provide for qualified service providers in

the area to provide appropriate services to the eligible persons

assisted under this section.

(2) Intensive assistance

For any individual with acquired immunodeficiency syndrome or

related diseases who requires more care than can be provided in

housing assisted under this section, the recipient shall provide

for the locating of a care provider who can appropriately care

for the individual and referral of the individual to the care

provider.

(c) Administrative costs

A project sponsor providing rental assistance under this section

may use amounts from any grant received under this section for

administrative expenses involved in providing such assistance,

subject to the provisions of 12905(g)(2) (!1) of this title.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 859, Nov. 28, 1990, 104 Stat.

4381; Pub. L. 102-550, title VI, Sec. 606(h)(1), (j)(6), (7),

(11)(D), Oct. 28, 1992, 106 Stat. 3810, 3811.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-550, Sec. 606(h)(1)(A), substituted "Rental

assistance" for "Short-term rental assistance" in section

catchline.

Subsec. (a)(1). Pub. L. 102-550, Sec. 606(h)(1)(B), (j)(11)(D),

struck out "short-term" before "rental assistance" and substituted

"eligible persons" for "individuals with acquired immunodeficiency

syndrome or related diseases".

Subsec. (b)(1). Pub. L. 102-550, Sec. 606(j)(6), substituted

"eligible persons" for "individuals".

Subsec. (b)(2). Pub. L. 102-550, Sec. 606(j)(7), inserted "with

acquired immunodeficiency syndrome or related diseases" after "any

individual".

Subsec. (c). Pub. L. 102-550, Sec. 606(h)(1)(C), added subsec.

(c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12904 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "section".

-End-

-CITE-

42 USC Sec. 12909 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12909. Single room occupancy dwellings

-STATUTE-

(a) Use of grants

Grants under this section may be used to provide project-based

rental assistance or grants to facilitate the development of single

room occupancy dwellings. To the extent practicable, a program

under this section shall be carried out in the manner provided for

under section 1437f(n) (!1) of this title.

(b) Limitation

Recipients under this section shall require the provision to

individuals assisted under this section of the following

assistance:

(1) Services

Appropriate services provided by qualified service providers in

the area.

(2) Intensive assistance

For any individual with acquired immunodeficiency syndrome or

related diseases who requires more care than can be provided in

housing assisted under this section, locating a care provider who

can appropriately care for the individual and referral of the

individual to the care provider.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 860, Nov. 28, 1990, 104 Stat.

4381; Pub. L. 102-550, title VI, Sec. 606(j)(7), Oct. 28, 1992, 106

Stat. 3810.)

-REFTEXT-

REFERENCES IN TEXT

Section 1437f(n) of this title, referred to in subsec. (a), was

repealed by Pub. L. 105-276, title V, Sec. 550(a)(7), Oct. 21,

1998, 112 Stat. 2609.

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(2). Pub. L. 102-550 inserted "with acquired

immunodeficiency syndrome or related diseases" after "any

individual".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12904 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 12910 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12910. Grants for community residences and services

-STATUTE-

(a) Grant authority

The Secretary of Housing and Urban Development may make grants to

States and metropolitan areas to develop and operate community

residences and provide services for eligible persons.

(b) Community residences and services

(1) Community residences

(A) In general

A community residence under this section shall be a multiunit

residence designed for eligible persons for the following

purposes:

(i) To provide a lower cost residential alternative to

institutional care and to prevent or delay the need for

institutional care.

(ii) To provide a permanent or transitional residential

setting with appropriate services that enhances the quality

of life for individuals who are unable to live independently.

(iii) To prevent homelessness among eligible persons by

increasing available suitable housing resources.

(iv) To integrate eligible persons into local communities

and provide services to maintain the abilities of such

eligible persons to participate as fully as possible in

community life.

(B) Rent

Except to the extent that the costs of providing residence

are reimbursed or provided by any other assistance from Federal

or non-Federal public sources, each resident in a community

residence shall pay as rent for a dwelling unit an amount equal

to the following:

(i) For low-income individuals, the amount of rent paid

under section 3(a) of the United States Housing Act of 1937

(42 U.S.C. 1437a(a)) by a low-income family (as the term is

defined in section 3(b)(2) of such Act (42 U.S.C.

1437a(b)(2))) for a dwelling unit assisted under such Act [42

U.S.C. 1437 et seq.].

(ii) For any resident that is not a low-income resident, an

amount based on a formula, which shall be determined by the

Secretary, under which rent is determined by the income and

resources of the resident.

(C) Fees

Fees may be charged for any services provided under

subsection (c)(2) of this section to residents of a community

residence, except that any fees charged shall be based on the

income and resources of the resident and the provision of

services to any resident of a community residence may not be

withheld because of an inability of the resident to pay such

fee.

(D) Section 1437f assistance

Assistance made available under section 8 of the United

States Housing Act of 1937 (42 U.S.C. 1437f) may be used in

conjunction with a community residence under this subsection

for tenant-based assistance.

(2) Services

Services provided with a grant under this section shall consist

of services appropriate in assisting eligible persons to enhance

their quality of life, enable such individuals to more fully

participate in community life, and delay or prevent the placement

of such individuals in hospitals or other institutions.

(c) Use of grants

Any amounts received from a grant under this section may be used

only as follows:

(1) Community residences

For providing assistance in connection with community

residences under subsection (b)(1) of this section for the

following activities:

(A) Physical improvements

Construction, acquisition, rehabilitation, conversion,

retrofitting, and other physical improvements necessary to make

a structure suitable for use as a community residence.

(B) Operating costs

Operating costs for a community residence.

(C) Technical assistance

Technical assistance in establishing and operating a

community residence, which may include planning and other

predevelopment or preconstruction expenses, and expenses

relating to community outreach and educational activities

regarding acquired immunodeficiency syndrome and related

diseases provided for individuals residing in proximity of

eligible persons assisted under this chapter.

(D) In-house services

Services appropriate for individuals residing in a community

residence, which may include staff training and recruitment.

(2) Services

For providing services under subsection (b)(2) of this section

to any individuals assisted under this chapter.

(3) Administrative expenses

For administrative expenses related to the planning and

carrying out activities under this section (subject to the

provisions of section 12905(g) of this title).

(d) Limitations on use of grants

(1) Community residences

Any jurisdiction that receives a grant under this section may

not use any amounts received under the grant for the purposes

under subsection (c)(1) of this section, except for planning and

other expenses preliminary to construction or other physical

improvement under subsection (c)(1)(A) of this section, unless

the jurisdiction certifies to the Secretary, as the Secretary

shall require, the following:

(A) Service agreement

That the jurisdiction has entered into a written agreement

with service providers qualified to deliver any services

included in the proposal under subsection (c) of this section

to provide such services to eligible persons assisted by the

community residence.

(B) Funding and capability

That the jurisdiction will have sufficient funding for such

services and the service providers are qualified to assist

eligible persons.

(C) Zoning and building codes

That any construction or physical improvements carried out

with amounts received from the grant will comply with any

applicable State and local housing codes and licensing

requirements in the jurisdiction in which the building or

structure is located.

(D) Intensive assistance

That, for any individual with acquired immunodeficiency

syndrome or related diseases who resides in a community

residence assisted under the grant and who requires more

intensive care than can be provided by the community residence,

the jurisdiction will locate for and refer the individual to a

service provider who can appropriately care for the individual.

(2) Services

Any jurisdiction that receives a grant under this section may

use any amounts received under the grant for the purposes under

subsection (c)(2) of this section only for the provision of

services by service providers qualified to provide such services

to eligible persons.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 861, Nov. 28, 1990, 104 Stat.

4382; Pub. L. 102-550, title VI, Sec. 606(i), (j)(8)-(10), (11)(E),

Oct. 28, 1992, 106 Stat. 3810, 3811; Pub. L. 105-276, title V, Sec.

550(b), Oct. 21, 1998, 112 Stat. 2609.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in subsec.

(b)(1)(B)(i), is act Sept. 1, 1937, ch. 896, as revised generally

by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat.

653, and amended, which is classified generally to chapter 8 (Sec.

1437 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 1437 of

this title and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(1)(D). Pub. L. 105-276 substituted

"assistance" for "certificates or vouchers".

1992 - Subsec. (a). Pub. L. 102-550, Sec. 606(j)(8), substituted

"eligible persons" for "persons with acquired immunodeficiency

syndrome or related diseases".

Subsec. (b)(1)(A). Pub. L. 102-550, Sec. 606(j)(11)(E)(i),

substituted "eligible persons" for "individuals with acquired

immunodeficiency syndrome or related diseases" in introductory

provisions and cl. (iii).

Subsec. (b)(1)(A)(iv). Pub. L. 102-550, Sec. 606(j)(9),

(11)(E)(i), substituted "eligible persons" for "individuals with

acquired immunodeficiency syndrome or related diseases" and "such

eligible persons" for "such individuals".

Subsec. (b)(2). Pub. L. 102-550, Sec. 606(j)(11)(E)(i), which

directed the substitution of "eligible persons" for "individuals

with acquired immunodeficiency syndrome or related diseases"

wherever appearing in subsec. (b), was executed by making the

substitution for "individuals with acquired immunodeficiency

syndrome and related diseases" in par. (2) to reflect the probable

intent of Congress.

Subsec. (c)(1)(C). Pub. L. 102-550, Sec. 606(i)(1), inserted

before period at end ", and expenses relating to community outreach

and educational activities regarding acquired immunodeficiency

syndrome and related diseases provided for individuals residing in

proximity of eligible persons assisted under this chapter".

Subsec. (c)(3). Pub. L. 102-550, Sec. 606(i)(2), added par. (3)

and struck out former par. (3) which read as follows: "For

administrative expenses related to the planning and execution of

activities under this section, except that a jurisdiction that

receives a grant under this section may expend not more than 10

percent of the amount received under the grant for such

administrative expenses. Administrative expenses under this

paragraph may include expenses relating to community outreach and

educational activities regarding acquired immunodeficiency syndrome

and related diseases, for staff carrying out activities assisted

with a grant under this section and for individuals who reside in

proximity of individuals assisted under this chapter."

Subsec. (d). Pub. L. 102-550, Sec. 606(j)(11)(E)(ii), which

directed the substitution of "eligible persons" for "individuals

with acquired immunodeficiency syndrome or related diseases"

wherever appearing in subsec. (d), was executed by making the

substitution for "individuals with acquired immunodeficiency

syndrome and related diseases" in pars. (1)(B) and (2) to reflect

the probable intent of Congress.

Subsec. (d)(1)(A). Pub. L. 102-550, Sec. 606(j)(10)(A),

substituted "eligible persons" for "individuals".

Subsec. (d)(1)(D). Pub. L. 102-550, Sec. 606(j)(10)(B), inserted

"with acquired immunodeficiency syndrome or related diseases" after

"any individual".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by title V of Pub. L. 105-276 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. 105-276, set out as a

note under section 1437 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12904 of this title.

-End-

-CITE-

42 USC Sec. 12911 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12911. Report

-STATUTE-

Any organization or agency that receives a grant under this

chapter shall submit to the Secretary, for any fiscal year in which

the organization or agency receives a grant under this chapter, a

report describing the use of the amounts received, which shall

include the number of individuals assisted, the types of assistance

provided, and any other information that the Secretary determines

to be appropriate.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 862, Nov. 28, 1990, 104 Stat.

4384.)

-End-

-CITE-

42 USC Sec. 12912 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

-HEAD-

Sec. 12912. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this chapter

$150,000,000 for fiscal year 1993 and $156,300,000 for fiscal year

1994.

-SOURCE-

(Pub. L. 101-625, title VIII, Sec. 863, Nov. 28, 1990, 104 Stat.

4384; Pub. L. 102-550, title VI, Sec. 606(b), Oct. 28, 1992, 106

Stat. 3806.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-550 amended section generally. Prior to

amendment, section read as follows: "There are authorized to be

appropriated to carry out this chapter $75,000,000 for fiscal year

1991, and $156,500,000 for fiscal year 1992."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12903 of this title.

-End-