Legislación

US (United States) Code. Title 42. Chapter 8: Low-income housing

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

42 USC CHAPTER 8 - LOW-INCOME HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

CHAPTER 8 - LOW-INCOME HOUSING

-MISC1-

Sec.

1401 to

1404. Omitted.

1404a. Secretary of Housing and Urban Development; right

to sue; expenses.

1405, 1406. Omitted.

1406a. Expenses of management and operation of

transferred projects as nonadministrative;

payment.

1406b. Expenses of uncompensated advisers serving United

States Housing Authority away from home.

1406c to

1433. Omitted or Repealed.

1434. Records; contents; examination and audit.

1435. Access to books, documents, etc., for purpose of

audit.

1436. Repealed.

1436a. Restriction on use of assisted housing by

non-resident aliens.

(a) Conditions for assistance.

(b) "Financial assistance" defined.

(d) Conditions for provision of financial

assistance for individuals.

(e) Regulatory actions against entities for

erroneous determinations regarding

eligibility based upon citizenship or

immigration status.

(f) Verification system; liability of State or

local government agencies or officials;

prior consent agreements, court decrees or

court orders unaffected.

(g) Reimbursement for costs of implementation.

(h) "Applicable Secretary" defined.

(i) Verification of eligibility.

1436b. Financial assistance in impacted areas.

1436c. Insurance for public housing agencies and Indian

housing authorities.

1436d. Consultation with affected areas in settlement of

litigation.

SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING

1437. Declaration of policy and public housing agency

organization.

(a) Declaration of policy.

(b) Public housing agency organization.

1437a. Rental payments.

(a) Families included; rent options; minimum

amount; occupancy by police officers and

over-income families.

(b) Definition of terms under this chapter.

public housing.

(d) Disallowance of earned income from rent

determinations.

(e) Individual savings accounts.

(f) Availability of income matching information.

1437a-1. Repealed.

1437b. Loans and commitments to make loans for low-income

housing projects.

(a) Authority of Secretary; interest rates;

repayment date; use as security for

obligations of public housing agency.

(b) Issuance of obligations by Secretary;

limitation on amounts; forms and

denominations; terms and conditions;

purchase, establishment of maturities and

rates of interest, and sale by Secretary of

the Treasury.

1437c. Contributions for low-income housing projects.

(a) Contract authorization; amounts; use as

security for obligations of public housing

agency; use of existing structures.

(b) Maximum amount of contributions;

regulations; criteria for rates of

contribution.

contributions; contracts for preliminary

loans; payments of annual contributions;

limitations on specific authorities.

(d) Scope of contracts for loans or annual

contributions.

(e) Local determination of need as prerequisite

for contracts for preliminary loans, and

contracts for loans or annual

contributions; notice.

(f) Modification by Secretary of terms of

contracts, etc.; limitations; amendment or

supersedure of contracts for annual

contributions or loans.

(g) Pledge of annual contributions as guarantee

of payment of obligations issued by public

housing agency; exception.

(h) Audits.

(i) Prohibition on use of funds.

1437c-1. Public housing agency plans.

(a) 5-year plan.

(b) Annual plan.

(d) Contents.

(e) Resident advisory board.

(f) Notice and hearing.

(g) Amendments and modifications to plans.

(h) Submission of plans.

(i) Review and determination of compliance.

(j) Troubled and at-risk PHAs.

(k) Streamlined plan.

(l) Compliance with plan.

1437d. Contract provisions and requirements; loans and

annual contributions.

(a) Conditions; elevators.

(b) Limitation on development costs.

certification of compliance with

requirements; notification of eligibility;

informal hearing; compliance with

procedures for sound management.

(d) Exemption from personal and real property

taxes; payments in lieu of taxes; cash

contribution or tax remission.

(e) Repealed.

(f) Housing quality requirements.

(g) Substantial default; conveyance of title and

delivery of possession; reconveyance and

redelivery; payments for outstanding

obligations.

(h) New construction contracts.

(i) Reserve fund; major repairs.

(j) Performance indicators for public housing

agencies.

(k) Administrative grievance procedure

regulations: grounds of adverse action,

hearing, examination of documents,

representation, evidence, decision;

judicial hearing; eviction and termination

procedures.

(l) Leases; terms and conditions; maintenance;

termination.

(m) Reporting requirements; limitation.

(n) Notice to post office regarding eviction for

criminal activity.

(o) Public housing assistance for foster care

children.

(p) Repealed.

(q) Availability of records.

(r) Site-based waiting lists.

(s) Authority to require access to criminal

records.

(t) Obtaining information from drug abuse

treatment facilities.

1437e. Designated housing for elderly and disabled

families.

(a) Authority to provide designated housing.

(b) Standards regarding evictions.

(d) Required plan.

(e) Review of plans.

(f) Effectiveness.

(g) Inapplicability of Uniform Relocation

Assistance and Real Property Acquisitions

Policy Act of 1970.

1437f. Low-income housing assistance.

(a) Authorization for assistance payments.

(b) Other existing housing programs.

assistance payments; amount and scope of

monthly assistance payments.

(d) Required provisions and duration of

contracts for assistance payments; waiver

of limitation.

(e) Restrictions on contracts for assistance

payments.

(f) Definitions.

(g) Regulations applicable for implementation of

assistance payments.

(h) Nonapplicability of inconsistent provisions

to contracts for assistance payments.

(i) Receipt of assistance by public housing

agency under other law not to be

considered.

(j) Repealed.

(k) Verification of income.

(l) to (n) Repealed.

(o) Voucher program.

(p) Shared housing for elderly and handicapped.

(q) Administrative fees.

(r) Portability.

(s) Prohibition of denial of certificates and

vouchers to residents of public housing.

(t) Enhanced vouchers.

(u) Assistance for residents of rental

rehabilitation projects.

(v) Extension of expiring contracts.

(w) Repealed.

(x) Family unification.

(y) Homeownership option.

(z) Termination of section 1437f contracts and

reuse of recaptured budget authority.

(aa) Omitted.

(bb) Transfer, reuse, and rescission of budget

authority.

(cc) Law enforcement and security personnel.

(dd) Tenant-based contract renewals.

1437g. Public housing Capital and Operating Funds.

(a) Merger into Capital Fund.

(b) Merger into Operating Fund.

(d) Capital Fund.

(e) Operating Fund.

(f) Negotiated rulemaking procedure.

(g) Limitations on use of funds.

(h) Technical assistance.

(i) Eligibility of units acquired from proceeds

of sales under demolition or disposition

plan.

(j) Penalty for slow expenditure of capital

funds.

(k) Emergency reserve and use of amounts.

(l) Treatment of nonrental income.

(m) Provision of only capital or operating

assistance.

(n) Treatment of public housing.

1437h. Implementation of provisions by Secretary.

(a) Preparation and submission of annual budget

program; maintenance of accounts; audit by

General Accounting Office.

(b) Availability of receipts and assets.

depositories, custodians and fiscal agents;

reimbursement for services.

1437i. Obligations of public housing agencies;

contestability; full faith and credit of United

States pledged as security; tax exemption.

1437j. Labor standards and community service requirement.

(a) Payment of wages prevailing in locality.

(b) Exception for volunteers.

(d) Treatment of income changes resulting from

welfare program requirements.

(e) Lease provisions.

(f) Treatment of income.

(g) Definition.

1437j-1. Repealed.

1437k. Consortia, joint ventures, affiliates, and

subsidiaries of public housing agencies.

(a) Consortia.

(b) Joint ventures.

1437l. Repealed.

1437m. Payment of non-Federal share.

1437n. Eligibility for assisted housing.

(a) Income eligibility for public housing.

(b) Income eligibility for tenant-based section

1437f assistance.

(d) Establishment of different standards.

(e) Repealed.

(f) Ineligibility of individuals convicted of

manufacturing or producing methamphetamine

on the premises.

1437o. Repealed.

1437p. Demolition and disposition of public housing.

(a) Applications for demolition and disposition.

(b) Disapproval of applications.

proposed disposition.

(d) Replacement units.

(e) Consolidation of occupancy within or among

buildings.

(f) De minimus exception to demolition

requirements.

(g) Uniform Relocation and Real Property

Acquisition Act.

(h) Relocation and replacement.

1437q. Financing limitations.

1437r. Public housing resident management.

(a) Purpose.

(b) Program requirements.

(d) Waiver of Federal requirements.

(e) Direct provision of operating and capital

assistance.

(f), (g) Repealed.

(h) Applicability.

1437s. Public housing homeownership and management

opportunities.

(a) Homeownership opportunities in general.

(b) Protection of nonpurchasing families.

agencies.

(d) Additional homeownership and management

opportunities.

(e) Regulations.

(f) Repealed.

(g) Limitation.

1437t. Authority to convert public housing to vouchers.

(a) Authority.

(b) Conversion assessment.

plan.

(d) Conversion plan requirement.

(e) Review and approval of conversion plans.

(f) Tenant-based assistance.

1437u. Family Self-Sufficiency program.

(a) Purpose.

(b) Establishment of program.

(d) Incentives for participation.

(e) Effect of increases in family income.

(f) Program coordinating committee.

(g) Action plan.

(h) Allowable public housing agency

administrative fees and costs.

(i) Public housing agency incentive award

allocation.

(j) On-site facilities.

(k) Flexibility.

(l) Reports.

(m) GAO report.

(n) Definitions.

(o) Effective date and regulations.

1437v. Demolition, site revitalization, replacement

housing, and tenant-based assistance grants for

projects.

(a) Purposes.

(b) Grant authority.

(d) Eligible activities.

(e) Application and selection.

(f) Cost limits.

(g) Disposition and replacement.

(h) Administration by other entities.

(i) Withdrawal of funding.

(j) Definitions.

(k) Grantee reporting.

(l) Annual report.

(m) Funding.

(n) Sunset.

1437w. Transfer of management of certain housing to

independent manager at request of residents.

(a) Authority.

(b) Request for transfer.

(d) Contract between Secretary and manager.

(e) Compliance with public housing agency plan.

(f) Demolition and disposition by manager.

(g) Limitation on PHA liability.

(h) Definitions.

1437x. Environmental reviews.

(a) In general.

(b) Procedure.

(d) Approval by States.

1437y. Provision of information to law enforcement and

other agencies.

1437z. Exchange of information with law enforcement

agencies.

1437z-1. Civil money penalties against section 1437f

owners.

(a) In general.

(b) Violations of housing assistance payment

contracts for which penalty may be imposed.

(d) Judicial review of agency determination.

(e) Remedies for noncompliance.

(f) Settlement by Secretary.

(g) Deposit of penalties.

(h) Definitions.

1437z-2. Public housing mortgages and security interests.

(a) General authorization.

(b) Terms and conditions.

1437z-3. Pet ownership in public housing.

(a) Ownership conditions.

(b) Reasonable requirements.

for occupancy by elderly or handicapped

families.

(d) Regulations.

1437z-4. Resident homeownership programs.

(a) In general.

(b) Participating units.

(d) Right of first refusal.

(e) Protection of nonpurchasing residents.

(f) Financing and assistance.

(g) Downpayment requirement.

(h) Ownership interests.

(i) Resale.

(j) Net proceeds.

(k) Homeownership assistance.

(l) Inapplicability of disposition requirements.

1437z-5. Required conversion of distressed public housing

to tenant-based assistance.

(a) Identification of units.

(b) Consultation.

of PHA's.

(d) Conversion to tenant-based assistance.

(e) Cessation of unnecessary spending.

(f) Use of budget authority.

(g) Removal by Secretary.

(h) Administration.

1437z-6. Services for public and Indian housing residents.

(a) In general.

(b) Eligible activities.

(d) Matching requirement.

(e) Funding for resident organizations.

1437z-7. Mixed-finance public housing.

(a) Authority.

(b) Assistance.

(d) Mixed-finance projects.

(e) Structure of projects.

(f) Taxation.

(g) Use of savings.

(h) Effect of certain contract terms.

SUBCHAPTER II - ASSISTED HOUSING FOR INDIANS AND ALASKA NATIVES

1437aa to 1437ee. Repealed.

1437ff. Transferred.

SUBCHAPTER II-A - HOPE FOR PUBLIC HOUSING HOMEOWNERSHIP

1437aaa. Program authority.

(a) In general.

(b) Authority to reserve housing assistance.

1437aaa-1. Planning grants.

(a) Grants.

(b) Eligible activities.

(d) Selection criteria.

1437aaa-2. Implementation grants.

(a) Grants.

(b) Eligible activities.

(d) Application.

(e) Selection criteria.

(f) Location within participating jurisdictions.

(g) Approval.

1437aaa-3. Homeownership program requirements.

(a) In general.

(b) Affordability.

(d) Acquisition and rehabilitation limitations.

(e) Financing.

(f) Housing quality standards.

(g) Repealed.

(h) Protection of non-purchasing families.

1437aaa-4. Other program requirements.

(a) Sale by public housing agency to applicant

or other entity required.

(b) Preferences.

(d) Annual contributions.

(e) Amounts from Operating Fund allocation.

(f) Use of proceeds from sales to eligible

families.

(g) Restrictions on resale by homeowners.

(h) Third party rights.

(i) Dollar limitation on economic development

activities.

(j) Timely homeownership.

(k) Capability of resident management

corporations and resident councils.

(l) Records and audit of recipients of

assistance.

1437aaa-5. Definitions.

1437aaa-6. Relationship to other homeownership opportunities.

1437aaa-7. Limitation on selection criteria.

1437aaa-8. Annual report.

SUBCHAPTER II-B - HOME RULE FLEXIBLE GRANT DEMONSTRATION

1437bbb. Purpose.

1437bbb-1. Flexible grant program.

(a) Authority and use.

(b) Period of participation.

1437bbb-2. Program allocation and covered housing assistance.

(a) Program allocation.

(b) Covered housing assistance.

1437bbb-3. Applicability of requirements under programs for

covered housing assistance.

(a) In general.

(b) Number of families assisted.

(d) Effect on ability to compete for other

programs.

1437bbb-4. Program requirements.

(a) Applicability of certain provisions.

(b) Compliance with assistance plan.

1437bbb-5. Application.

(a) In general.

(b) Review, approval, and performance standards.

(d) PHA plans.

1437bbb-6. Training.

1437bbb-7. Accountability.

(a) Maintenance of records.

(b) Reports.

Comptroller General.

(d) Performance review and evaluation.

1437bbb-8. Definitions.

1437bbb-9. Termination and evaluation.

(a) Termination.

(b) Evaluation.

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

1438. Repealed.

1439. Local housing assistance plan.

(a) Applicability of approved plan to housing

assistance application; procedure upon

receipt of application by Secretary of

Housing and Urban Development; definitions.

(b) Housing assistance applications subject to

procedures.

(d) Allocation and reservation of housing

assistance funds; purposes; prohibited

reallocation of unutilized funds;

enumerated uses for retained funds;

competition for reservation and obligation

of funds.

(e) Assistance payments for properties in

Jefferson County, Texas.

1440. State housing finance and development agencies.

(a) Statement of purpose; participation by

private and nonprofit developers in

activities assisted.

(b) Determination of eligibility for assistance;

definitions.

grants to agencies for interest payments on

obligations; maximum amount of grants;

prerequisites for guarantee; full faith and

credit pledged for payment of guarantee;

effect and validity of guarantee; fees and

charges for guarantee; authorization of

appropriations for grants; maximum amount

of obligations guaranteed.

(d) Requirements for guaranteed obligations.

(e) Revolving fund for payment of liabilities

incurred pursuant to guarantees and payment

of obligations issued to Secretary of the

Treasury; composition; availability,

issuance of obligations to Secretary of the

Treasury for implementation of guarantees;

amount, maturity, rate of interest, and

purchase by Secretary of the Treasury of

obligations; payment of expenses and

charges.

(f) Technical assistance to agencies for

planning and execution of development

activities.

(g) Labor standards.

(h) Protection of guarantees issued by United

States; inclusion by purchaser in gross

income of interest paid on obligations

issued by agencies.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1382a, 1396r-1a, 1404a,

1434, 1436a, 1436b, 1439, 1471, 1485, 1490a, 1502, 1503, 1504,

1586, 1590, 1594c, 1766, 3013, 5153, 5515, 8003, 11903, 12705,

12896, 12910, 14614 of this title; title 12 sections 24, 1441a,

1701r-1, 1715z-1a, 1701z-3, 1701z-11, 1715l, 1831q; title 25

sections 640d-14, 4103, 4111, 4112, 4116, 4133, 4140, 4152, 4181,

4182, 4183, 4191; title 26 section 32.

-End-

-CITE-

42 USC Secs. 1401 to 1404 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Secs. 1401 to 1404. Omitted

-COD-

CODIFICATION

Sections 1401 to 1404 were omitted in the general revision of the

United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec.

201(a), Aug. 22, 1974, 88 Stat. 653.

Section 1401, acts Sept. 1, 1937, ch. 896, Sec. 1, 50 Stat. 888;

July 15, 1949, 338, title III, Sec. 307(a), 63 Stat. 429; Sept. 23,

1959, Pub. L. 86-372, title V, Sec. 501, 73 Stat. 679; Aug. 1,

1968, Pub. L. 90-448, title II, Sec. 206(a), 82 Stat. 504; Dec. 31,

1970, Pub. L. 91-609, title II, Sec. 211, 84 Stat. 1779, set out

declaration of policy. See section 1437 of this title.

Section 1402, acts, Sept. 1, 1937, ch. 896, Sec. 2, 50 Stat. 888;

July 15, 1949, ch. 338, title III, Secs. 302(b), 304(c), (i), 306,

307(b), 63 Stat. 424, 425, 429; Oct. 26, 1951, ch. 577, Sec. 1, 65

Stat. 647; June 30, 1953, 170, Sec. 24(c), 67 Stat. 128; Aug. 7,

1956, ch. 1029, title IV, Sec. 404(a), 70 Stat. 1104; July 12,

1957, Pub. L. 85-104, title III, Sec. 307, title IV, Sec. 401(a),

71 Stat. 301; Sept. 23, 1959, Pub. L. 86-372, title V, Secs. 502,

503(a), 504, 73 Stat. 680; June 30, 1961, Pub. L. 87-70, title II,

Sec. 202, 75 Stat. 163; Sept. 2, 1964, Pub. L. 88-560, title II,

Sec. 203(d), title IV, Sec. 401(a), 78 Stat. 784, 794; Aug. 10,

1965, Pub. L. 89-117, title I, Secs. 103(b), 104, 79 Stat. 457;

Aug. 1, 1968, Pub. L. 90-448, title II, Sec. 209(a), 82 Stat. 505;

Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 213(a), title IV,

Sec. 403(a), 83 Stat. 389, 395; Dec. 31, 1970, Pub. L. 91-609,

title II, Sec. 208(a), title IX, Sec. 903(c), 84 Stat. 1778, 1808;

Dec. 22, 1971, Pub. L. 92-213, Sec. 9, 85 Stat. 776, defined

applicable terms. See section 1437a of this title.

Section 1403, acts Sept. 1, 1937, ch. 896, Sec. 3, 50 Stat. 889;

May 25, 1967, Pub. L. 90-19, Sec. 2(b), 81 Stat. 20; Aug. 1, 1968,

Pub. L. 90-448, title XVII, Sec. 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, Sec. 4, 50 Stat. 889;

Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; May

25, 1967, Pub. L. 90-19, Sec. 2(a), (c), 81 Stat. 19, 20, provided

for assistance of officers, etc., of other agencies and transfer of

property to the Authority.

-MISC1-

EFFECTIVE DATE OF 1969 AMENDMENT; APPLICABILITY

Section 213(b) of Pub. L. 91-152 provided that the rents fixed by

public housing agencies not exceed one-fourth of a low-rent housing

tenant's 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.

-End-

-CITE-

42 USC Sec. 1404a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1404a. Secretary of Housing and Urban Development; right to

sue; expenses

-STATUTE-

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 38, 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.

-SOURCE-

(Aug. 10, 1948, ch. 832, title V, Sec. 502(b), 62 Stat. 1284; Oct.

28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Pub. L.

90-19, Sec. 5(d)(4)-(7), May 25, 1967, 81 Stat. 21; Pub. L.

100-242, title V, Sec. 570(a)(2), Feb. 5, 1988, 101 Stat. 1949.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in text, is

act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and amended,

which is classified generally to this chapter (Sec. 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,

as amended. Title II of that Act is classified generally to

subchapter I (Sec. 1501 et seq.) of chapter 9 of this title. For

complete classification of this Act to the Code, see Tables.

-COD-

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 502 of act Aug. 10, 1948, is classified generally to

section 1701c of Title 12, Banks and Banking.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-242 substituted "Secretary of Housing and

Urban Development" for "United States Housing Authority" in three

places and for "Authority" in two places.

1967 - Pub. L. 90-19 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".

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1586 of this title.

-End-

-CITE-

42 USC Secs. 1405, 1406 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Secs. 1405, 1406. Omitted

-MISC1-

Section 1405, acts Sept. 1, 1937, ch. 896, Sec. 5, 50 Stat. 890;

May 25, 1967, Pub. L. 90-19, Sec. 2(d), (e), 81 Stat. 20, which

enumerated miscellaneous powers and functions of the Authority, was

omitted in the general revision of the United States Housing Act of

1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88

Stat. 653.

Section 1406, acts Sept. 1, 1937, ch. 896, Sec. 6, 50 Stat. 890;

July 15, 1949, ch. 338, title III, Sec. 307(c), 63 Stat. 429; Oct.

31, 1951, ch. 654, Sec. 1(112), 65 Stat. 705; May 25, 1967, Pub. L.

90-19, Sec. 2(a), 81 Stat. 19, which enumerated financial

provisions applicable to the Authority, was omitted in the general

revision of the United States Housing Act of 1937 by Pub. L.

93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Subsec.

(b) of this section, which provided that section 5 of title 41 not

apply to contracts for services or to purchases of supplies except

when the aggregate amount involved was less than $300, was repealed

by act Oct. 31, 1951, ch. 654, Sec. 1(112), 65 Stat. 705.

-End-

-CITE-

42 USC Sec. 1406a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1406a. Expenses of management and operation of transferred

projects as nonadministrative; payment

-STATUTE-

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.

-SOURCE-

(May 10, 1939, ch. 119, Sec. 1, 53 Stat. 690.)

-COD-

CODIFICATION

Section was not enacted as part of the United States Housing Act

of 1937 which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

June 25, 1938, ch. 681, title I, 52 Stat. 1129.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of United States Housing Authority to

Secretary of Housing and Urban Development, see note set out under

section 1404a of this title.

Executive Order No. 7732, Oct. 27, 1937, 2 FR 2324, 44 CFR

201.11, effective Nov. 1, 1937, transferred to the United States

Housing Authority all right, interest, and title held by the

Federal Emergency Administration of Public Works in any housing or

slum-clearance projects constructed or in the process of

construction on Sept. 1, 1937.

-End-

-CITE-

42 USC Sec. 1406b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1406b. Expenses of uncompensated advisers serving United

States Housing Authority away from home

-STATUTE-

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.

-SOURCE-

(May 10, 1939, ch. 119, Sec. 1, 53 Stat. 690.)

-COD-

CODIFICATION

Section was not enacted as part of the United States Housing Act

of 1937 which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

June 25, 1938, ch. 681, title I, 52 Stat. 1128.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of United States Housing Authority and

Administrator to Secretary of Housing and Urban Development, see

note set out under section 1404a of this title.

-End-

-CITE-

42 USC Secs. 1406c to 1411a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Secs. 1406c to 1411a. Omitted

-COD-

CODIFICATION

Section 1406c, act June 27, 1942, ch. 450, Sec. 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,

Sec. 1, 55 Stat. 111; Apr. 18, 1940, ch. 107, Sec. 1, 54 Stat. 130.

Section 1407, acts Sept. 1, 1937, ch. 896, Sec. 7, 50 Stat. 891;

Aug. 2, 1954, ch. 649, title VIII, Sec. 802(d), 68 Stat. 643; May

25, 1967, Pub. L. 90-19, Sec. 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. 93-383, title II, Sec. 201(a), Aug.

22, 1974, 88 Stat. 653.

Section 1408, act Sept. 1, 1937, ch. 896, Sec. 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. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88

Stat. 653.

Section 1409, acts Sept. 1, 1937, ch. 896, Sec. 9, 50 Stat. 891;

July 15, 1949, ch. 338, title III, Sec. 304(c), (d), 63 Stat. 425;

Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 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. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88

Stat. 653. See section 1437b of this title.

Section 1410, acts Sept. 1, 1937, ch. 896, Sec. 10, 50 Stat. 891;

June 21, 1938, ch. 554, title VI, Sec. 601, 52 Stat. 820; July 15,

1949, ch. 338, title III, Secs. 302(a), 304(a), (c), (e), (f), 305,

307(d), 63 Stat. 423 to 427, 430; Aug. 2, 1954, ch. 649, title IV,

Secs. 401(1), (2), 402, 403, 405, 406, 68 Stat. 630; June 30, 1955,

ch. 251, Sec. 3, 69 Stat. 225; Aug. 11, 1955, ch. 783, title I,

Sec. 108(b), 69 Stat. 638; Aug. 7, 1956, ch. 1029, title IV, Secs.

401(a), 404(b), 70 Stat. 1103, 1104; Sept. 23, 1959, Pub. L.

86-372, title V, Secs. 505(a), 507, 73 Stat. 680, 681; June 30,

1961, Pub. L. 87-70, title II, Secs. 203, 204(a), (b), 205, 206(b),

(c), 75 Stat. 163 to 165; Sept. 2, 1964, Pub. L. 88-560, title IV,

Secs. 401(b), 402 to 404, 78 Stat. 794, 795; Aug. 10, 1965, Pub. L.

89-117, title V, Secs. 501 to 504, 507(b)(1), (2); 79 Stat. 486 to

488; May 25, 1967, Pub. L. 90-19, Sec. 2(a), 81 Stat. 19; Aug. 1,

1968, Pub. L. 90-448, title II, Secs. 203(a), 206(b), 209(b), 82

Stat. 503, 505; Dec. 24, 1969, Pub. L. 91-152, title II, Secs. 212,

214, 217(b), 83 Stat. 388-390; Dec. 31, 1970, Pub. L. 91-609, title

II, Secs. 202, 203, 204(a)(2), 210, 84 Stat. 1776 to 1778; Oct. 18,

1972, Pub. L. 92-503, Sec. 3 (1) to (3), 86 Stat. 906; Oct. 2,

1973, Pub. L. 93-117, Sec. 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. 93-383, title II, Sec. 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. 87-70, title II, Sec. 206(c), June 30, 1961, 75

Stat. 164.

Section 1411, acts Sept. 1, 1937, ch. 896, Sec. 11, 50 Stat. 893;

July 15, 1949, ch. 338, title III, Sec. 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. 93-383, title II, Sec. 201(a), Aug.

22, 1974, 88 Stat. 653.

Section 1411a, act July 31, 1953, ch. 302, title I, Sec. 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.

-MISC1-

RETROACTIVE EFFECT OF REPEAL OF RIGHTS OF UNITED STATES RELATING TO

SELF-LIQUIDATION OF PROJECTS

Section 206(c) of Pub. L. 87-70, as amended by Pub. L. 93-383,

title II, Sec. 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."

-End-

-CITE-

42 USC Sec. 1411b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1411b. Repealed. Aug. 7, 1956, ch. 1029, title IV, Sec.

401(b), 70 Stat. 1103

-MISC1-

Section, acts July 5, 1952, ch. 578, title I, Sec. 101, 66 Stat.

403; July 31, 1953 ch. 302 title I, Sec. 101, 67 Stat. 307, limited

number of housing units to be constructed during fiscal year.

-End-

-CITE-

42 USC Sec. 1411c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1411c. Omitted

-COD-

CODIFICATION

Section, act July 31, 1953, ch. 302, title I, Sec. 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.

-End-

-CITE-

42 USC Sec. 1411d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1411d. Repealed. Pub. L. 93-383, title II, Sec. 204, Aug. 22,

1974, 88 Stat. 668

-MISC1-

Section, act Aug. 2, 1954, ch. 649, title VIII, Sec. 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.

-End-

-CITE-

42 USC Secs. 1412 to 1416 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Secs. 1412 to 1416. Omitted

-MISC1-

Section 1412, acts Sept. 1, 1937, ch. 896, Sec. 12, 50 Stat. 894;

Apr. 20, 1950, ch. 94, title II, Sec. 205(b), 64 Stat. 73; Aug. 7,

1956, ch. 1029, title IV, Sec. 405, 70 Stat. 1104; Aug. 10, 1965,

Pub. L. 89-117, title V, Sec. 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. 93-383, title II, Sec. 201(a), Aug.

22, 1974, 88 Stat. 653.

Section 1413, acts Sept. 1, 1937, ch. 896, Sec. 13, 50 Stat. 894;

July 15, 1949, ch. 338, title III, Sec. 307(e), 63 Stat. 430; May

25, 1967, Pub. L. 90-19, Sec. 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. 93-383, title II, Sec.

201(a), Aug. 22, 1974, 88 Stat. 653.

Section 1413a, acts July 31, 1947, ch. 418, Sec. 2, 61 Stat. 705;

Feb. 27, 1948, ch. 77, Sec. 3, 62 Stat. 37; Mar. 30, 1948, ch. 161,

title III, Sec. 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, Sec. 14, 50 Stat. 895;

July 15, 1949, 338, title III, Sec. 304(g), 63 Stat. 426; Dec. 24,

1969, Pub. L. 91-152, title II, Sec. 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. 93-383, title II, Sec. 201(a), Aug.

22, 1974, 88 Stat. 653. See section 1437c of this title.

Section 1415, acts Sept. 1, 1937, ch. 896, Sec. 15, 50 Stat. 895;

July 31, 1947, ch. 418, Sec. 1, 61 Stat. 704; July 15, 1949, ch.

338, title III, Secs. 301, 303, 304(j), 63 Stat. 422, 424, 427;

Aug. 2, 1954, ch. 649, title IV, Sec. 401(3), (4), 68 Stat. 631;

Aug. 7, 1956, ch. 1029, title IV, Sec. 404(c), 70 Stat. 1104; July

12, 1957, Pub. L. 85-104, title IV, Sec. 401(b), (c), 71 Stat. 302;

Sept. 23, 1959. Pub. L. 86-372, title V, Secs. 503(b), 506, 507, 73

Stat. 680, 681; June 30, 1961, Pub. L. 87-70, title II, Secs.

204(b), 205(b), 206(a), 75 Stat. 164; Sept. 2, 1964, Pub. L.

88-560, title IV, Secs. 401(c), 405(a), 406, 78 Stat. 794, 795;

Aug. 10, 1965, Pub. L. 89-117, title IV, Sec. 404(c)(2), title V,

Secs. 506, 507(a), (b)(3), 79 Stat. 486-488; May 25, 1967, Pub. L.

90-19, Sec. 2(a), 81 Stat. 19; Aug. 1, 1968, Pub. L. 90-448, title

II, Secs. 204, 205, 207, 82 Stat. 503, 504; Dec. 24, 1969, Pub. L.

91-152, title II, Secs. 215, 216, 83 Stat. 389, 390; Dec. 31, 1970,

Pub. L. 91-609, title II, Secs. 207, 209(a), title IX, Sec. 903(d),

84 Stat. 1777, 1778, 1809; Jan. 2, 1971, Pub. L. 91-646, title II,

Sec. 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.

93-383, title II, Sec. 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, Sec. 16, 50 Stat. 896;

July 15, 1949, 338, title III, Sec. 307(f) 63 Stat. 430; Aug. 2,

1954, ch. 649, title IV, Sec. 404, 68 Stat. 633; Nov. 3, 1966, Pub.

L. 89-754, title X, Sec. 1003, 80 Stat. 1284; May 25, 1967, Pub. L.

90-19, Sec. 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. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88

Stat. 653. See section 1437 of this title.

APPLICATION FOR PRELIMINARY LOANS APPROVED PRIOR TO SEPTEMBER 2,

1964

Pub. L. 88-560, title IV, Sec. 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 EXPENDITURE

Act Apr. 20, 1950, ch. 94, title II, Sec. 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.

-End-

-CITE-

42 USC Sec. 1417 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1417. Repealed. Pub. L. 90-448, title XVII, Sec. 1719(b), Aug.

1, 1968, 82 Stat. 610

-MISC1-

Section, act Sept. 1, 1937, ch. 896, Sec. 17, 50 Stat. 897,

related to capital stock of the Authority.

RETIREMENT OF CAPITAL STOCK

Section 1719(b) of Pub. L. 90-448 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.

-End-

-CITE-

42 USC Secs. 1417a to 1422 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Secs. 1417a to 1422. Omitted

-COD-

CODIFICATION

Sections 1417a to 1422 were omitted in the general revision of

the United States Housing Act of 1937 by Pub. L. 93-383, title II,

Sec. 201(a), Aug. 22, 1974, 88 Stat. 653.

Section 1417a, act Sept. 1, 1937, ch. 896, Sec. 17, as added Aug.

1, 1968, Pub. L. 90-448, title XVII, Sec. 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, Sec. 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, Sec. 19, 50 Stat. 897,

authorized the allocation of funds available for similar purposes

to the Authority.

Section 1420, acts Sept. 1, 1937, ch. 896, Sec. 20, 50 Stat. 898;

June 21, 1938, ch. 554, title VI, Sec. 602, 52 Stat. 820; Oct. 30,

1941, ch. 467, 55 Stat. 759; July 15, 1949, ch. 338, title III,

Sec. 304(h), 63 Stat. 427; Aug. 1, 1968, Pub. L. 90-448, title II,

Sec. 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, Sec. 21, 50 Stat. 898;

July 15, 1949, ch. 338, title III, Sec. 307(g), 63 Stat. 431; Aug.

7, 1956, ch. 1029, title IV, Sec. 403, 70 Stat. 1103; June 30,

1961, Pub. L. 87-70, title II, Sec. 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, Sec. 22, as added July

15, 1949, ch. 338, title III, Sec. 304(b), 63 Stat. 424; amended

June 30, 1961, Pub. L. 87-70, title III, Sec. 302(b), 75 Stat. 166;

Aug. 10, 1965, Pub. L. 89-117, title V, Sec. 507(b)(4), 79 Stat.

489; May 25, 1967, Pub. L. 90-19, Sec. 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, Sec. 23, as added Aug.

10, 1965, Pub. L. 89-117, title I, Sec. 103(a), 79 Stat. 455;

amended Nov. 3, 1966, Pub. L. 89-754, title X, Sec. 1002, 80 Stat.

1284; Aug. 1, 1968, Pub. L. 90-448, title II, Secs. 208, 210, 82

Stat. 504, 505; Dec. 24, 1969, Pub. L. 91-152, title II, Sec.

217(c), 83 Stat. 390; Dec. 31, 1970, Pub. L. 91-609, title II, Sec.

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, Sec. 24, formerly Sec.

22, 50 Stat. 899; renumbered, Sec. 23, July 15, 1949, ch. 338,

title III, Sec. 307(h), 63 Stat. 431; renumbered Sec. 24, Aug. 10,

1965, Pub. L. 87-117, title I, Sec. 103(a), 79 Stat. 455, provided

for applicability of all general penal statutes relating to larceny

etc., of moneys and properties of the Authority.

-MISC1-

RETROACTIVE APPLICATION OF POLICIES OR PROCEDURES ESTABLISHED BY

SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO RIGHTS OF OWNERS OF

LEASED HOUSING, INCLUDING RIGHT OF RENEWAL

Pub. L. 93-383, title II, Sec. 208, Aug. 22, 1974, 88 Stat. 669,

as amended by Pub. L. 95-128, title II, Sec. 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."

-End-

-CITE-

42 USC Secs. 1423 to 1426 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Secs. 1423 to 1426. Repealed. June 25, 1948, ch. 645, Sec. 21, 62

Stat. 862

-MISC1-

Section 1423, act Sept. 1, 1937, ch. 896, Sec. 24, formerly Sec.

23, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III,

Sec. 307(h), 63 Stat. 431, related to penalties for false entries

and reports.

Section 1424, act Sept. 1, 1937, ch. 896, Sec. 25, formerly Sec.

24, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III,

Sec. 307(h), 63 Stat. 431, related to penalties for defrauding or

hindering the Authority.

Section 1425, act Sept. 1, 1937, ch. 896, Sec. 26, formerly Sec.

25, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III,

Sec. 307(h), 63 Stat. 431, related to penalties for concealment of

interest in property.

Section 1426, act Sept. 1, 1937, ch. 896, Sec. 27, formerly Sec.

26, 50 Stat. 899, renumbered July 15, 1949, ch. 388, title III,

Sec. 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.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 1, 1948, see section 20 of act June 25,

1948, set out as an Effective Date note preceding section 1 of

Title 18, Crimes and Criminal Procedure.

-End-

-CITE-

42 USC Secs. 1427 to 1431 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Secs. 1427 to 1431. Omitted

-COD-

CODIFICATION

Sections 1427 to 1431 were omitted in the general revision of the

United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec.

201(a), Aug. 22, 1974, 88 Stat. 653.

Section 1427, act Sept. 1, 1937, ch. 896, Sec. 28, formerly Sec.

27, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III,

Sec. 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, Sec. 29, formerly Sec.

28, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III,

Sec. 307(h), 63 Stat. 431, made available funds for the District of

Columbia.

Section 1429, act Sept. 1, 1937, ch. 896, Sec. 30, formerly Sec.

29, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III,

Sec. 307(h), 63 Stat. 431, provided for separability of provisions.

Section 1430, act Sept. 1, 1937, ch. 896, Sec. 31, formerly Sec.

30, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III,

Sec. 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. 93-383, set out as a

Short Title note under section 1437 of this title.

Section 1431, Pub. L. 91-556, 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. 91-126, title III, 83 Stat. 242.

Oct. 4, 1968, Pub. L. 90-550, title III, 82 Stat. 956.

Nov. 3, 1967, Pub. L. 90-121, title II, 81 Stat. 360.

Sept. 6, 1966, Pub. L. 89-555, title II, 80 Stat. 688.

Aug. 16, 1965, Pub. L. 89-128, title II, 79 Stat. 542.

Aug. 30, 1964, Pub. L. 88-507, title II, 78 Stat. 665.

Dec. 19, 1963, Pub. L. 88-215, title II, 77 Stat. 447.

Oct. 3, 1962, Pub. L. 87-741, title II, 76 Stat. 739.

Aug. 17, 1961, Pub. L. 87-141, title II, 75 Stat. 363.

July 12, 1960, Pub. L. 86-626, title II, 74 Stat. 444.

Sept. 14, 1959, Pub. L. 86-255, title II, 73 Stat. 517.

Aug. 28, 1958, Pub. L. 85-844, title II, 72 Stat. 1081.

June 29, 1957, Pub. L. 85-69, 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.

-End-

-CITE-

42 USC Sec. 1432 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1432. Repealed. July 15, 1949, ch. 338, title VI, Sec. 606, 63

Stat. 441

-MISC1-

Section, act Aug. 10, 1948, ch. 832, title V, Sec. 503, 62 Stat.

1285, related to State low-rent or veterans' housing projects.

-End-

-CITE-

42 USC Sec. 1433 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1433. Omitted

-COD-

CODIFICATION

Section, act July 15, 1949, ch. 338, title VI, Sec. 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.

-End-

-CITE-

42 USC Sec. 1434 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1434. Records; contents; examination and audit

-STATUTE-

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.

-SOURCE-

(Aug. 2, 1954, ch. 649, title VIII, Sec. 814, 68 Stat. 647; Pub. L.

87-70, title IX, Sec. 908, June 30, 1961, 75 Stat. 191; Pub. L.

90-19, Sec. 10(h), May 25, 1967, 81 Stat. 23.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, as amended, referred to in

text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub.

L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653,

which is classified generally to this chapter (Sec. 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, as amended, which is

classified principally to chapter 8A (Sec. 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. 87-70, which was

approved on June 30, 1961.

-COD-

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.

-MISC1-

AMENDMENTS

1967 - Pub. L. 90-19 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. 87-70 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".

EFFECTIVE DATE

The fourth sentence of section 814 of act Aug. 2, 1954 (prior to

the amendment by section 908 of act June 30, 1961) provided that

this section is effective on first day after first calendar month

following the date of approval of the act (Aug. 2, 1954).

-End-

-CITE-

42 USC Sec. 1435 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1435. Access to books, documents, etc., for purpose of audit

-STATUTE-

Every contract for loans or annual contributions under this

chapter 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 this chapter.

-SOURCE-

(Aug. 2, 1954, ch. 649, title VIII, Sec. 816, 68 Stat. 647; Pub. L.

90-19, Sec. 10(i), May 25, 1967, 81 Stat. 23.)

-COD-

CODIFICATION

Section was not enacted as part of the United States Housing Act

of 1937 which comprises this chapter.

-MISC1-

AMENDMENTS

1967 - Pub. L. 90-19 substituted "Secretary of Housing and Urban

Development" for "Public Housing Commissioner".

-End-

-CITE-

42 USC Sec. 1436 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1436. Repealed. Pub. L. 91-609, title V, Sec. 503(4), Dec. 31,

1970, 84 Stat. 1786

-MISC1-

Section, Pub. L. 87-70, title II, Sec. 207, June 30, 1961, 75

Stat. 165; Pub. L. 88-560, title II, Sec. 203(e), title IV, Sec.

407, Sept. 2, 1964, 78 Stat. 784, 796; Pub. L. 89-117, title XI,

Sec. 1105, Aug. 10, 1965, 79 Stat. 503; Pub. L. 90-19, Sec. 18(a),

May 25, 1967, 81 Stat. 25; Pub. L. 90-448, title XVII, Sec.

1714(a), Aug. 1, 1968, 82 Stat. 607, provided for low-rent housing

demonstration programs and development grants. See section 1701z-1

et seq. of Title 12, Banks and Banking.

EFFECTIVE DATE OF REPEAL: SAVINGS PROVISION

Section 503 of Pub. L. 91-609 provided in part for repeal of

sections 1701d-3, 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 DEMONSTRATIONS

Pub. L. 90-448, title XVII, Sec. 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 section 503(7) of Pub. L. 91-609.

-End-

-CITE-

42 USC Sec. 1436a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1436a. Restriction on use of assisted housing by non-resident

aliens

-STATUTE-

(a) Conditions for assistance

Notwithstanding any other provision of law, the applicable

Secretary may not make financial assistance available for the

benefit of any alien unless that alien is a resident of the United

States and is -

(1) an alien lawfully admitted for permanent residence as an

immigrant as defined by section 1101(a)(15) and (20) of title 8,

excluding, among others, alien visitors, tourists, diplomats, and

students who enter the United States temporarily with no

intention of abandoning their residence in a foreign country;

(2) an alien who entered the United States prior to June 30,

1948, or such subsequent date as is enacted by law, has

continuously maintained his or her residence in the United States

since then, and is not ineligible for citizenship, but who is

deemed to be lawfully admitted for permanent residence as a

result of an exercise of discretion by the Attorney General

pursuant to section 1259 of title 8;

(3) an alien who is lawfully present in the United States

pursuant to an admission under section 1157 of title 8 or

pursuant to the granting of asylum (which has not been

terminated) under section 1158 of title 8;

(4) an alien who is lawfully present in the United States as a

result of an exercise of discretion by the Attorney General for

emergent reasons or reasons deemed strictly in the public

interest pursuant to section 1182(d)(5) of title 8;

(5) an alien who is lawfully present in the United States as a

result of the Attorney General's withholding deportation pursuant

to section 1231(b)(3) of title 8;

(6) an alien lawfully admitted for temporary or permanent

residence under section 1255a of title 8; or

(7) an alien who is lawfully resident in the United States and

its territories and possessions under section 141 of the Compacts

of Free Association between the Government of the United States

and the Governments of the Marshall Islands, the Federated States

of Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C. 1931

note) while the applicable section is in effect: Provided, That,

within Guam any such alien shall not be entitled to a preference

in receiving assistance under this Act over any United States

citizen or national resident therein who is otherwise eligible

for such assistance.

(b) "Financial assistance" defined

(1) For purposes of this section the term "financial assistance"

means financial assistance made available pursuant to the United

States Housing Act of 1937 [42 U.S.C. 1437 et seq.], section 1715z

or 1715z-1 of title 12, the direct loan program under section 1472

of this title or section 1472(c)(5)(D), 1474, 1490a(a)(2)(A), or

1490r of this title, subtitle A of title III of the

Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12851

et seq.], or section 101 of the Housing and Urban Development Act

of 1965 [12 U.S.C. 1701s].

(2) If the eligibility for financial assistance of at least one

member of a family has been affirmatively established under the

program of financial assistance and under this section, and the

ineligibility of one or more family members has not been

affirmatively established under this section, any financial

assistance made available to that family by the applicable

Secretary shall be prorated, based on the number of individuals in

the family for whom eligibility has been affirmatively established

under the program of financial assistance and under this section,

as compared with the total number of individuals who are members of

the family.

(1) If, following completion of the applicable hearing process,

financial assistance for any individual receiving such assistance

on February 5, 1988, is to be terminated, the public housing agency

or other local governmental entity involved (in the case of public

housing or assistance under section 8 of the United States Housing

Act of 1937 [42 U.S.C. 1437f]) or the applicable Secretary (in the

case of any other financial assistance) shall take one of the

following actions:

(A) Permit the continued provision of financial assistance, if

necessary to avoid the division of a family in which the head of

household or spouse is a citizen of the United States, a national

of the United States, or an alien resident of the United States

described in any of paragraphs (1) through (6) of subsection (a)

of this section. For purposes of this paragraph, the term

"family" means a head of household, any spouse, any parents of

the head of household, any parents of the spouse, and any

children of the head of household or spouse. Financial assistance

continued under this subparagraph for a family may be provided

only on a prorated basis, under which the amount of financial

assistance is based on the percentage of the total number of

members of the family that are eligible for that assistance under

the program of financial assistance and under this section.

(B)(i) Defer the termination of financial assistance, if

necessary to permit the orderly transition of the individual and

any family members involved to other affordable housing.

(ii) Except as provided in clause (iii), any deferral under

this subparagraph shall be for a 6-month period and may be

renewed by the public housing agency or other entity involved for

an aggregate period of 18-months. At the beginning of each

deferral period, the public housing agency or other entity

involved shall inform the individual and family members of their

ineligibility for financial assistance and offer them other

assistance in finding other affordable housing.

(iii) The time period described in clause (ii) shall not apply

in the case of a refugee under section 1157 of title 8 or an

individual seeking asylum under section 1158 of title 8.

(2) Notwithstanding any other provision of law, the applicable

Secretary may not make financial assistance available for the

benefit of -

(A) any alien who -

(i) has a residence in a foreign country that such alien has

no intention of abandoning;

(ii) is a bona fide student qualified to pursue a full course

of study; and

(iii) is admitted to the United States temporarily and solely

for purposes of pursuing such a course of study at an

established institution of learning or other recognized place

of study in the United States, particularly designated by such

alien and approved by the Attorney General after consultation

with the Department of Education of the United States, which

institution or place of study shall have agreed to report to

the Attorney General the termination of attendance of each

nonimmigrant student (and if any such institution of learning

or place of study fails to make such reports promptly the

approval shall be withdrawn); and

(B) the alien spouse and minor children of any alien described

in subparagraph (A), if accompanying such alien or following to

join such alien.

(d) Conditions for provision of financial assistance for

individuals

The following conditions apply with respect to financial

assistance being or to be provided for the benefit of an

individual:

(1)(A) There must be a declaration in writing by the individual

(or, in the case of an individual who is a child, by another on

the individual's behalf), under penalty of perjury, stating

whether or not the individual is a citizen or national of the

United States, and, if that individual is not a citizen or

national of the United States, that the individual is in a

satisfactory immigration status. If the declaration states that

the individual is not a citizen or national of the United States

and that the individual is younger than 62 years of age, the

declaration shall be verified by the Immigration and

Naturalization Service. If the declaration states that the

individual is a citizen or national of the United States, the

applicable Secretary, or the agency administering assistance

covered by this section, may request verification of the

declaration by requiring presentation of documentation that the

applicable Secretary considers appropriate, including a United

States passport, resident alien card, alien registration card,

social security card, or other documentation.

(B) In this subsection, the term "satisfactory immigration

status" means an immigration status which does not make the

individual ineligible for financial assistance.

(2) If such an individual is not a citizen or national of the

United States, is not 62 years of age or older, and is receiving

financial assistance on September 30, 1996, or applying for

financial assistance on or after September 30, 1996, there must

be presented either -

(A) alien registration documentation or other proof of

immigration registration from the Immigration and

Naturalization Service that contains the individual's alien

admission number or alien file number (or numbers if the

individual has more than one number), or

(B) such other documents as the applicable Secretary

determines constitutes reasonable evidence indicating a

satisfactory immigration status.

In the case of an individual applying for financial assistance on

or after September 30, 1996, the applicable Secretary may not

provide any such assistance for the benefit of that individual

before documentation is presented and verified under paragraph

(3) or (4).

(3) If the documentation described in paragraph (2)(A) is

presented, the applicable Secretary shall utilize the

individual's alien file or alien admission number to verify with

the Immigration and Naturalization Service the individual's

immigration status through an automated or other system

(designated by the Service for use with States) that -

(A) utilizes the individual's name, file number, admission

number, or other means permitting efficient verification, and

(B) protects the individual's privacy to the maximum degree

possible.

(4) In the case of such an individual who is not a citizen or

national of the United States, is not 62 years of age or older,

and is receiving financial assistance on September 30, 1996, or

applying for financial assistance on or after September 30, 1996,

if, at the time of application or recertification for financial

assistance, the statement described in paragraph (1) is submitted

but the documentation required under paragraph (2) is not

presented or if the documentation required under paragraph (2)(A)

is presented but such documentation is not verified under

paragraph (3) -

(A) the applicable Secretary -

(i) shall provide a reasonable opportunity, not to exceed

30 days, to submit to the applicable Secretary evidence

indicating a satisfactory immigration status, or to appeal to

the Immigration and Naturalization Service the verification

determination of the Immigration and Naturalization Service

under paragraph (3),

(ii) in the case of any individual receiving assistance on

September 30, 1996, may not delay, deny, reduce, or terminate

the eligibility of that individual for financial assistance

on the basis of the immigration status of that individual

until the expiration of that 30-day period; and

(iii) in the case of any individual applying for financial

assistance on or after September 30, 1996, may not deny the

application for such assistance on the basis of the

immigration status of that individual until the expiration of

that 30-day period; and

(B) if any documents or additional information are submitted

as evidence under subparagraph (A), or if appeal is made to the

Immigration and Naturalization Service with respect to the

verification determination of the Service under paragraph (3) -

(i) the applicable Secretary shall transmit to the

Immigration and Naturalization Service photostatic or other

similar copies of such documents or additional information

for official verification,

(ii) pending such verification or appeal, the applicable

Secretary may not -

(I) in the case of any individual receiving assistance on

September 30, 1996, delay, deny, reduce, or terminate the

eligibility of that individual for financial assistance on

the basis of the immigration status of that individual; and

(II) in the case of any individual applying for financial

assistance on or after September 30, 1996, deny the

application for such assistance on the basis of the

immigration status of that individual; and

(iii) the applicable Secretary shall not be liable for the

consequences of any action, delay, or failure of the Service

to conduct such verification.

(5) If the applicable Secretary determines, after complying

with the requirements of paragraph (4), that such an individual

is not in a satisfactory immigration status, the applicable

Secretary shall -

(A) deny the application of that individual for financial

assistance or terminate the eligibility of that individual for

financial assistance, as applicable;

(B) provide that the individual may request a fair hearing

during the 30-day period beginning upon receipt of the notice

under subparagraph (C); and

determination under this paragraph, the right to a fair hearing

process, and the time limitation for requesting a hearing under

subparagraph (C).

(6) The applicable Secretary shall terminate the eligibility

for financial assistance of an individual and the members of the

household of the individual, for a period of not less than 24

months, upon determining that such individual has knowingly

permitted another individual who is not eligible for such

assistance to reside in the public or assisted housing unit of

the individual. This provision shall not apply to a family if the

ineligibility of the ineligible individual at issue was

considered in calculating any proration of assistance provided

for the family.

For purposes of this subsection, the term "applicable Secretary"

means the applicable Secretary, a public housing agency, or another

entity that determines the eligibility of an individual for

financial assistance.

(e) Regulatory actions against entities for erroneous

determinations regarding eligibility based upon citizenship or

immigration status

The applicable Secretary shall not take any compliance,

disallowance, penalty, or other regulatory action against an entity

with respect to any error in the entity's determination to make an

individual eligible for financial assistance based on citizenship

or immigration status -

(1) if the entity has provided such eligibility based on a

verification of satisfactory immigration status by the

Immigration and Naturalization Service,

(2) because the entity, under subsection (d)(4)(A)(ii) of this

section (or under any alternative system for verifying

immigration status with the Immigration and Naturalization

Service authorized in the Immigration Reform and Control Act of

1986 (Public Law 99-603)), was required to provide a reasonable

opportunity to submit documentation, or

(3) because the entity, under subsection (d)(4)(B)(ii) of this

section (or under any alternative system for verifying

immigration status with the Immigration and Naturalization

Service authorized in the Immigration Reform and Control Act of

1986 (Public Law 99-603)), was required to wait for the response

of the Immigration and Naturalization Service to the entity's

request for official verification of the immigration status of

the individual, or the response from the Immigration and

Naturalization Service to the appeal of that individual.

(f) Verification system; liability of State or local government

agencies or officials; prior consent agreements, court decrees or

court orders unaffected

(1) Notwithstanding any other provision of law, no agency or

official of a State or local government shall have any liability

for the design or implementation of the Federal verification system

described in subsection (d) of this section if the implementation

by the State or local agency or official is in accordance with

Federal rules and regulations.

(2) The verification system of the Department of Housing and

Urban Development shall not supersede or affect any consent

agreement entered into or court decree or court order entered prior

to February 5, 1988.

(g) Reimbursement for costs of implementation

The applicable Secretary is authorized to pay to each public

housing agency or other entity an amount equal to 100 percent of

the costs incurred by the public housing agency or other entity in

implementing and operating an immigration status verification

system under subsection (d) of this section (or under any

alternative system for verifying immigration status with the

Immigration and Naturalization Service authorized in the

Immigration Reform and Control Act of 1986 (Public Law 99-603)).

(h) "Applicable Secretary" defined

For purposes of this section, the term "applicable Secretary"

means -

(1) the Secretary of Housing and Urban Development, with

respect to financial assistance administered by such Secretary

and financial assistance under subtitle A of title III of the

Cranston-Gonzalez National Affordable Housing Act [42 U.S.C.

12851 et seq.]; and

(2) the Secretary of Agriculture, with respect to financial

assistance administered by such Secretary.

(i) Verification of eligibility

(1) In general

No individual or family applying for financial assistance may

receive such financial assistance prior to the affirmative

establishment and verification of eligibility of at least the

individual or one family member under subsection (d) of this

section by the applicable Secretary or other appropriate entity.

(2) Rules applicable to public housing agencies

A public housing agency (as that term is defined in section 3

of the United States Housing Act of 1937 [42 U.S.C. 1437a]) -

(A) may, notwithstanding paragraph (1) of this subsection,

elect not to affirmatively establish and verify eligibility

before providing financial assistance (!1)

(B) in carrying out subsection (d) of this section -

(i) may initiate procedures to affirmatively establish or

verify the eligibility of an individual or family under this

section at any time at which the public housing agency

determines that such eligibility is in question, regardless

of whether or not that individual or family is at or near the

top of the waiting list of the public housing agency;

(ii) may affirmatively establish or verify the eligibility

of an individual or family under this section in accordance

with the procedures set forth in section 1324a(b)(1) of title

8; and

(iii) shall have access to any relevant information

contained in the SAVE system (or any successor thereto) that

relates to any individual or family applying for financial

assistance.

(3) Eligibility of families

For purposes of this subsection, with respect to a family, the

term "eligibility" means the eligibility of each family member.

-SOURCE-

(Pub. L. 96-399, title II, Sec. 214, Oct. 8, 1980, 94 Stat. 1637;

Pub. L. 97-35, title III, Sec. 329(a), Aug. 13, 1981, 95 Stat. 408;

Pub. L. 99-603, title I, Sec. 121(a)(2), Nov. 6, 1986, 100 Stat.

3386; Pub. L. 100-242, title I, Sec. 164(a)-(f)(1), Feb. 5, 1988,

101 Stat. 1860-1863; Pub. L. 104-193, title IV, Sec. 441(a), Aug.

22, 1996, 110 Stat. 2276; Pub. L. 104-208, div. C, title III, Sec.

308(g)(7)(D)(ii), title V, Secs. 572-576, Sept. 30, 1996, 110 Stat.

3009-624, 3009-684, 3009-685, 3009-687; Pub. L. 105-276, title V,

Sec. 592(a), Oct. 21, 1998, 112 Stat. 2653; Pub. L. 106-504, Sec.

3(b), Nov. 13, 2000, 114 Stat. 2312.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(7), is Pub. L. 96-399, Oct.

8, 1980, 94 Stat. 1614, as amended, known as the Housing and

Community Development Act of 1980. For complete classification of

this Act to the Code, see Short Title of 1980 Amendment note set

out under section 5301 of this title and Tables.

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

(b), 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 this chapter (Sec. 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 Cranston-Gonzalez National Affordable Housing Act, referred

to in subsecs. (b)(1) and (h)(1), is Pub. L. 101-625, Nov. 28,

1990, 104 Stat. 4079, as amended. Subtitle A of title III of the

Act, known as the National Homeownership Trust Act, is classified

generally to subchapter III (Sec. 12851 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.

Section 101 of the Housing and Urban Development Act of 1965,

referred to in subsec. (b), is section 101 of Pub. L. 89-117, 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.

The Immigration Reform and Control Act of 1986, referred to in

subsecs. (e)(2), (3) and (g), is Pub. L. 99-603, Nov. 6, 1986, 100

Stat. 3359. For complete classification of this Act to the Code,

see Short Title of 1986 Amendments note set out under section 1101

of Title 8, Aliens and Nationality, and Tables.

-COD-

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.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(7). Pub. L. 106-504 added par. (7).

1998 - Subsec. (b)(2). Pub. L. 105-276, Sec. 592(a)(1),

substituted "applicable Secretary" for "Secretary of Housing and

Urban Development".

Subsec. (c)(1)(B). Pub. L. 105-276, Sec. 592(a)(2), aligned cls.

(ii) and (iii) with cl. (i).

Subsec. (d)(1)(A). Pub. L. 105-276, Sec. 592(a)(3)(A), in last

sentence, substituted "applicable Secretary, or" for "Secretary of

Housing and Urban Development, or" and "applicable Secretary

considers" for "Secretary considers".

Subsec. (d)(2). Pub. L. 105-276, Sec. 592(a)(3)(B), aligned

concluding provisions with par. (2) and inserted "applicable"

before "Secretary" in concluding provisions.

Subsec. (d)(4)(B)(ii). Pub. L. 105-276, Sec. 592(a)(3)(C),

inserted "applicable" before "Secretary" in introductory

provisions.

Subsec. (d)(5). Pub. L. 105-276, Sec. 592(a)(3)(D), substituted

"the applicable Secretary shall" for "the Secretary shall" in

introductory provisions.

Subsec. (d)(6). Pub. L. 105-276, Sec. 592(a)(3)(E), inserted

"applicable" before "Secretary".

Subsec. (h). Pub. L. 105-276, Sec. 592(a)(5), redesignated

subsec. (h), relating to verification of eligibility, as (i).

Subsec. (h)(1). Pub. L. 105-276, Sec. 592(a)(4)(A), substituted

"No" for "Except in the case of an election under paragraph (2)(A),

no" and "subsection (d) of this section" for "this section" and

inserted "applicable" before "Secretary".

Subsec. (h)(2)(A). Pub. L. 105-276, Sec. 592(a)(4)(B)(i), added

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

follows: "may elect not to comply with this section; and".

Subsec. (h)(2)(B). Pub. L. 105-276, Sec. 592(a)(4)(B)(ii),

substituted "in carrying out subsection (d) of this section" for

"in complying with this section" in introductory provisions.

Subsec. (i). Pub. L. 105-276, Sec. 592(a)(5), redesignated

subsec. (h), relating to verification of eligibility, as (i).

1996 - Subsec. (a). Pub. L. 104-193, Sec. 441(a)(1), substituted

"applicable Secretary" for "Secretary of Housing and Urban

Development" in introductory provisions.

Subsec. (a)(5). Pub. L. 104-208, Sec. 308(g)(7)(D)(ii),

substituted "section 1231(b)(3)" for "section 1253(h)".

Subsec. (b). Pub. L. 104-208, Sec. 572, designated existing

provisions as par. (1) and added par. (2).

Pub. L. 104-193, Sec. 441(a)(2), inserted "the direct loan

program under section 1472 of this title or section 1472(c)(5)(D),

1474, 1490a(a)(2)(A), or 1490r of this title, subtitle A of title

III of the Cranston-Gonzalez National Affordable Housing Act,"

after "1715z-1 of title 12,".

Subsec. (c). Pub. L. 104-193, Sec. 441(a)(1), substituted

"applicable Secretary" for "Secretary of Housing and Urban

Development" in two places.

Subsec. (c)(1). Pub. L. 104-208, Sec. 573(1), substituted "shall"

for "may, in its discretion," in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 104-208, Sec. 573(2), inserted at end

"Financial assistance continued under this subparagraph for a

family may be provided only on a prorated basis, under which the

amount of financial assistance is based on the percentage of the

total number of members of the family that are eligible for that

assistance under the program of financial assistance and under this

section."

Subsec. (c)(1)(B). Pub. L. 104-208, Sec. 573(3), designated first

sentence of existing provisions as cl. (i), designated second and

third sentences of existing provisions as cl. (ii) and substituted

"Except as provided in clause (iii), any deferral" for "Any

deferral" and "18-months" for "3 years", and added cl. (iii).

Subsec. (d). Pub. L. 104-208, Sec. 574(1), inserted "or to be"

after "being" in introductory provisions.

Pub. L. 104-193, Sec. 441(a)(3), substituted "applicable

Secretary" for "Secretary" wherever appearing in pars. (2) to (6).

Pub. L. 104-193, Sec. 441(a)(1), (4), substituted "the term

'applicable Secretary' " for "the term 'Secretary' " and

"applicable Secretary" for "Secretary of Housing and Urban

Development" in closing provisions.

Subsec. (d)(1)(A). Pub. L. 104-208, Sec. 574(2), inserted at end

"If the declaration states that the individual is not a citizen or

national of the United States and that the individual is younger

than 62 years of age, the declaration shall be verified by the

Immigration and Naturalization Service. If the declaration states

that the individual is a citizen or national of the United States,

the Secretary of Housing and Urban Development, or the agency

administering assistance covered by this section, may request

verification of the declaration by requiring presentation of

documentation that the Secretary considers appropriate, including a

United States passport, resident alien card, alien registration

card, social security card, or other documentation."

Subsec. (d)(2). Pub. L. 104-208, Sec. 574(3), substituted "on

September 30, 1996, or applying for financial assistance on or

after September 30, 1996" for "on February 5, 1988" in introductory

provisions and added concluding provisions.

Subsec. (d)(4). Pub. L. 104-208, Sec. 574(4)(A), substituted "on

September 30, 1996, or applying for financial assistance on or

after September 30, 1996" for "on February 5, 1988" in introductory

provisions.

Subsec. (d)(4)(A)(i). Pub. L. 104-208, Sec. 574(4)(B)(i)(I),

inserted ", not to exceed 30 days," after "reasonable opportunity".

Subsec. (d)(4)(A)(ii), (iii). Pub. L. 104-208, Sec.

574(4)(B)(i)(II), (ii), added cls. (ii) and (iii) and struck out

former cl. (ii) which read as follows: "may not delay, deny,

reduce, or terminate the individual's eligibility for financial

assistance on the basis of the individual's immigration status

until such a reasonable opportunity has been provided; and".

Subsec. (d)(4)(B)(ii). Pub. L. 104-208, Sec. 574(4)(C), added cl.

(ii) and struck out former cl. (ii) which read as follows: "pending

such verification or appeal, the applicable Secretary may not

delay, deny, reduce, or terminate the individual's eligibility for

financial assistance on the basis of the individual's immigration

status, and".

Subsec. (d)(5). Pub. L. 104-208, Sec. 574(5), inserted ", the

Secretary shall" after "status" in introductory provisions, added

subpars. (A) to (C), and struck out former subpars. (A) and (B)

which read as follows:

"(A) the applicable Secretary shall deny or terminate the

individual's eligibility for financial assistance, and

"(B) the applicable fair hearing process shall be made available

with respect to the individual."

Subsec. (d)(6). Pub. L. 104-208, Sec. 574(6), added par. (6) and

struck out former par. (6) which read as follows: "For purposes of

paragraph (5)(B), the applicable fair hearing process made

available with respect to any individual shall include not less

than the following procedural protections:

"(A) The applicable Secretary shall provide the individual with

written notice of the determination described in paragraph (5)

and of the opportunity for a hearing with respect to the

determination.

"(B) Upon timely request by the individual, the applicable

Secretary shall provide a hearing before an impartial hearing

officer designated by the applicable Secretary, at which hearing

the individual may produce evidence of a satisfactory immigration

status.

"(C) The applicable Secretary shall notify the individual in

writing of the decision of the hearing officer on the appeal of

the determination in a timely manner.

"(D) Financial assistance may not be denied or terminated until

the completion of the hearing process."

Subsec. (e). Pub. L. 104-193, Sec. 441(a)(1), substituted

"applicable Secretary" for "Secretary of Housing and Urban

Development" in introductory provisions.

Subsec. (e)(3). Pub. L. 104-208, Sec. 575(2), inserted at end

"the response from the Immigration and Naturalization Service to

the appeal of that individual."

Subsec. (e)(4). Pub. L. 104-208, Sec. 575(1), (3), struck out

par. (4) which read as follows: "because of a fair hearing process

described in subsection (d)(5)(B) of this section (or provided for

under any alternative system for verifying immigration status with

the Immigration and Naturalization Service authorized in the

Immigration Reform and Control Act of 1986 (Public Law 99-603))."

Subsec. (g). Pub. L. 104-193, Sec. 441(a)(1), substituted

"applicable Secretary" for "Secretary of Housing and Urban

Development".

Subsec. (h). Pub. L. 104-208, Sec. 576, added subsec. (h)

relating to verification of eligibility.

Pub. L. 104-193, Sec. 441(a)(5), added subsec. (h) defining

"applicable Secretary".

1988 - Subsec. (a)(6). Pub. L. 100-242, Sec. 164(a), added par.

(6).

Subsec. (c). Pub. L. 100-242, Sec. 164(b), added subsec. (c).

Subsec. (d). Pub. L. 100-242, Sec. 164(c)(8), amended last

sentence generally. Prior to amendment, last sentence read as

follows: "In this subsection and subsection (e) of this section,

the term 'Secretary' refers to the Secretary and to a public

housing authority or other entity which makes financial assistance

available."

Subsec. (d)(2). Pub. L. 100-242, Sec. 164(c)(1), inserted ", is

not 62 years of age or older, and is receiving financial assistance

on February 5, 1988" after "States".

Subsec. (d)(4). Pub. L. 100-242, Sec. 164(c)(2), in introductory

provisions, inserted ", is not 62 years of age or older, and is

receiving financial assistance on February 5, 1988" after "States",

and "or recertification" after "application".

Subsec. (d)(4)(A)(i). Pub. L. 100-242, Sec. 164(c)(3), inserted

after comma "or to appeal to the Immigration and Naturalization

Service the verification determination of the Immigration and

Naturalization Service under paragraph (3),".

Subsec. (d)(4)(B). Pub. L. 100-242, Sec. 164(c)(4), amended

introductory provisions generally. Prior to amendment, introductory

provisions read as follows: "if there are submitted documents which

the Secretary determines constitutes reasonable evidence indicating

such status - ".

Subsec. (d)(4)(B)(i), (ii). Pub. L. 100-242, Sec. 164(c)(5), (6),

inserted "or additional information" after "documents" in cl. (i),

and "or appeal" after "verification" in cl. (ii).

Subsec. (d)(6). Pub. L. 100-242, Sec. 164(c)(7), added par. (6).

Subsec. (e). Pub. L. 100-242, Sec. 164(d)(1), in introductory

provisions, inserted "of Housing and Urban Development" after

"Secretary".

Subsec. (e)(2), (3). Pub. L. 100-242, Sec. 164(d)(2), (3),

inserted "(or under any alternative system for verifying

immigration status with the Immigration and Naturalization Service

authorized in the Immigration Reform and Control Act of 1986

(Public Law 99-603))".

Subsec. (e)(4). Pub. L. 100-242, Sec. 164(d)(4), inserted "(or

provided for under any alternative system for verifying immigration

status with the Immigration and Naturalization Service authorized

in the Immigration Reform and Control Act of 1986 (Public Law

99-603))".

Subsec. (f). Pub. L. 100-242, Sec. 164(e), added subsec. (f).

Subsec. (g). Pub. L. 100-242, Sec. 164(f)(1), added subsec. (g).

1986 - Subsecs. (d), (e). Pub. L. 99-603 added subsecs. (d) and

(e).

1981 - Subsec. (a). Pub. L. 97-35 substituted provisions relating

to restrictions on use of assisted housing by resident aliens

meeting further conditions for provisions relating to prohibition

on financial assistance to nonimmigrant student-aliens.

Subsec. (b). Pub. L. 97-35 struck out "(1)" after "(b)" and par.

(2) which defined "nonimmigrant student-alien".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-276, title V, Sec. 592(b), Oct. 21, 1998, 112 Stat.

2654, provided that: "The amendments made by this section [amending

this section] are made on, and shall apply beginning upon, the date

of the enactment of this Act [Oct. 21, 1998]."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 308(g)(7)(D)(ii) of Pub. L. 104-208

effective, with certain transitional provisions, on the first day

of the first month beginning more than 180 days after Sept. 30,

1996, see section 309 of Pub. L. 104-208, set out as a note under

section 1101 of Title 8, Aliens and Nationality.

Amendment by sections 572-576 of Pub. L. 104-208 effective Sept.

30, 1996, see section 591 of Pub. L. 104-208, set out as a note

under section 1101 of Title 8.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 164(h) of Pub. L. 100-242 provided that:

"(1) The provisions of, and amendments made by, subsections (a),

(b), (e), (f), and (g) [amending this section, repealing section

1437r of this title, and enacting provisions set out below] shall

take effect on the date of the enactment of this Act [Feb. 5,

1988].

"(2) The amendments made by subsections (c) and (d) [amending

this section] shall take effect on October 1, 1988."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-603 effective on Oct. 1, 1988, with

certain exceptions and qualifications, see section 121(c)(3), (4)

of Pub. L. 99-603, set out as a note under section 1320b-7 of this

title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, set out as an Effective Date note under

section 3701 of Title 12, Banks and Banking.

SHORT TITLE OF 1996 AMENDMENT

Section 571 of div. C of Pub. L. 104-208 provided that: "This

subtitle [subtitle E (Secs. 571-577) of title V of div. C of Pub.

L. 104-208, amending this section and enacting provisions set out

as a note below] may be cited as the 'Use of Assisted Housing by

Aliens Act of 1996'."

REGULATIONS

Section 577 of div. C of Pub. L. 104-208 provided that:

"(a) Issuance. - Not later than the 60 days after the date of

enactment of this Act [Sept. 30, 1996], the Secretary of Housing

and Urban Development shall issue any regulations necessary to

implement the amendments made by this part [probably means this

subtitle, subtitle E (Secs. 571-577) of title V of div. C of Pub.

L. 104-208, see Short Title of 1996 Amendment note above]. Such

regulations shall be issued in the form of an interim final rule,

which shall take effect upon issuance and shall not be subject to

the provisions of section 533 of title 5, United States Code,

regarding notice or opportunity for comment.

"(b) Failure To Issue. - If the Secretary fails to issue the

regulations required under subsection (a) before the date specified

in that subsection, the regulations relating to restrictions on

assistance to noncitizens, contained in the final rule issued by

the Secretary of Housing and Urban Development in RIN-2501-AA63

(Docket No. R-95-1409; FR-2383-F-050), published in the Federal

shall not apply after that date."

-TRANS-

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.

-MISC2-

TRANSITIONAL CERTIFICATION AND DOCUMENTATION PROVISIONS

Section 164(g) of Pub. L. 100-242 provided that: "In carrying out

section 214 of the Housing and Community Development Act of 1980

[this section] during fiscal year 1988, the Secretary of Housing

and Urban Development shall require, as a condition of providing

financial assistance for the benefit of any individual, that such

individual -

"(1) declare in writing, under penalty of perjury, whether or

not such individual is a citizen or national of the United

States; and

"(2) if not a citizen or national -

"(A) declare in writing, under penalty of perjury, the

immigration status of such individual, if such individual is

not less than 62 years of age 'and is receiving financial

assistance on the date of the enactment of the Housing and

Community Development Act of 1987' [Feb. 5, 1988]; or

"(B) provide such documentation regarding the immigration

status of such individual as the Secretary may require by

regulation."

DELAYED IMPLEMENTATION OF 1981 AMENDMENT

Pub. L. 98-181, title IV, Sec. 474(e), Nov. 30, 1983, 97 Stat.

1239, provided in part that: "The Secretary may not implement the

amendment to section 214 of the Housing and Community Development

Act of 1980 [this section], made by section 329(a) of the Housing

and Community Development Amendments of 1981 [Pub. L. 97-35],

before the expiration of the one-year period following the date of

the enactment of this Act [Nov. 30, 1983]."

ALIENS GRANTED CONDITIONAL ENTRY ELIGIBLE FOR ASSISTED HOUSING

Section 329(b) of Pub. L. 97-35 provided that: "An alien who is

lawfully present in the United States as a result of being granted

conditional entry pursuant to section 203(a)(7) of the Immigration

and Nationality Act (8 U.S.C. 1153(a)(7)) before April 1, 1980,

because of persecution or fear of persecution on account of race,

religion, or political opinion or because of being uprooted by

catastrophic natural calamity shall be deemed, for purposes of

section 214 of the Housing and Community Development Act of 1980

[this section], to be an alien described in section 214(a)(3) of

such Act [subsec. (a)(3) of this section]."

-FOOTNOTE-

(!1) So in original. Probably should be followed by "; and".

-End-

-CITE-

42 USC Sec. 1436b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1436b. Financial assistance in impacted areas

-STATUTE-

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 1715z-1 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.

-SOURCE-

(Pub. L. 96-399, title II, Sec. 216, Oct. 8, 1980, 94 Stat. 1638.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in text, is

act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and amended,

which is classified generally to this chapter (Sec. 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. 89-117, title I,

Aug. 10, 1965, 79 Stat. 451, as amended, which enacted section

1701s of Title 12, Banks and Banking, and amended sections 1451 and

1465 of this title.

-COD-

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.

-End-

-CITE-

42 USC Sec. 1436c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1436c. Insurance for public housing agencies and Indian

housing authorities

-STATUTE-

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.

-SOURCE-

(Pub. L. 102-139, title II, Oct. 28, 1991, 105 Stat. 758.)

-REFTEXT-

REFERENCES IN TEXT

Herein, referred to in text, probably means Pub. L. 102-139, 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.

-COD-

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. 89-554, Sec. 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.

-End-

-CITE-

42 USC Sec. 1436d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

-HEAD-

Sec. 1436d. Consultation with affected areas in settlement of

litigation

-STATUTE-

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.

-SOURCE-

(Pub. L. 105-276, title V, Sec. 599H(b), Oct. 21, 1998, 112 Stat.

2668.)

-REFTEXT-

REFERENCES IN TEXT

Secretary, referred to in text, means the Secretary of Housing

and Urban Development.

-COD-

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.

-MISC1-

EFFECTIVE DATE

Pub. L. 105-276, title V, Sec. 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]."

-End-

-CITE-

42 USC SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING

-HEAD-

SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-358, Sec. 5, June 29, 1988, 102 Stat. 681,

added subchapter heading.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 608a, 1437bbb-5, 3535

of this title.

-End-

-CITE-

42 USC Sec. 1437 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING

-HEAD-

Sec. 1437. Declaration of policy and public housing agency

organization

-STATUTE-

(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

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 paragraph (2), 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

1437c-1(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) 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.

-SOURCE-

(Sept. 1, 1937, ch. 896, title I, Sec. 2, as added Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653; amended Pub. L.

97-35, title III, Sec. 322(c), Aug. 13, 1981, 95 Stat. 402;

renumbered title I, Pub. L. 100-358, Sec. 5, June 29, 1988, 102

Stat. 681; Pub. L. 101-625, title V, Sec. 572(2), Nov. 28, 1990,

104 Stat. 4236; Pub. L. 105-276, title V, Sec. 505, Oct. 21, 1998,

112 Stat. 2522.)

-MISC1-

PRIOR PROVISIONS

A 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.

93-383.

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. 93-383.

AMENDMENTS

1998 - Pub. L. 105-276 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. 101-625 substituted "low-income housing" for

"lower income housing".

1981 - Pub. L. 97-35 substituted reference to lower income for

reference to low income in two places.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-276, title V, Sec. 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 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, set out as an Effective Date note under

section 3701 of Title 12, Banks and Banking.

EFFECTIVE DATE

Section 201(b) of Pub. L. 93-383 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 2002 AMENDMENT

Pub. L. 107-116, title VI, Sec. 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 AMENDMENT

Pub. L. 105-276, title V, Sec. 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 AMENDMENT

Section 1 of Pub. L. 100-358 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 TITLE

Section 1 of title I of act Sept. 1, 1937, ch. 896, as added by

section 201(a) of Pub. L. 93-383; renumbered title I, June 29,

1988, Pub. L. 100-358, Sec. 5, 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 HOUSING

Pub. L. 104-204, title II, Sec. 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. 104-134, title I, Sec. 101(e) [title II, Sec. 201(a)(3)],

Apr. 26, 1996, 110 Stat. 1321-257, 1321-278; renumbered title I,

Pub. L. 104-140, Sec. 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. 104-134, title I, Sec. 101(e) [title II, Sec. 201(b)(3)],

Apr. 26, 1996, 110 Stat. 1321-257, 1321-278; renumbered title I,

Pub. L. 104-140, Sec. 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 104-19 [amending

sections 1437c, 1437p, and 1437aaa-3 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. 104-99, title IV, Sec. 402(e), Jan. 26, 1996, 110 Stat.

43, which provided that amendments made by section 402(a) to (d)

and (f) of Pub. L. 104-99 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. 105-276, title V, Sec. 595(e)(16), Oct. 21,

1998, 112 Stat. 2659.

APPLICABILITY OF 1990 AMENDMENTS; INDIAN HOUSING

Section 103(b) of Pub. L. 102-550 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. 101-625,

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]."

Section 419 of title IV of Pub. L. 101-625 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 (Secs. 411-419) of title IV of Pub. L.

101-625, enacting subchapter II-A 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]."

Section 527 of Pub. L. 101-625 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 (Secs. 501-527) of title V of Pub. L. 101-625, 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 HOUSING

Pub. L. 101-235, title I, Sec. 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. 101-235, title I, Sec. 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."

FUNDING OF CERTAIN PUBLIC HOUSING

Pub. L. 105-276, title II, Sec. 226, Oct. 21, 1998, 112 Stat.

2490, provided that: "Notwithstanding any other provision of law,

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, as defined for purposes of a statutory paragraph,

notwithstanding the deeming by statute of such units to be public

housing units developed under the United States Housing Act of 1937

[42 U.S.C. 1437 et seq.], unless such unit was so assisted before

October 1, 1998."

CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSES

Pub. L. 105-276, title V, Sec. 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 PLAN

Pub. L. 105-276, title V, Sec. 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 REPORT

Pub. L. 105-276, title V, Sec. 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.

105-276, 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 PRODUCTS

Pub. L. 105-276, title V, Sec. 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. 105-276, 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 COSTS

Pub. L. 105-276, title V, Sec. 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. 1715z-1];

"(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 ASSISTANCE

Assistance 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. 93-383, set out as a

note under section 5301 of this title.

-End-

-CITE-

42 USC Sec. 1437a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING

-HEAD-

Sec. 1437a. Rental payments

-STATUTE-

(a) Families included; rent options; minimum amount; occupancy by

police officers and over-income families

(1) Dwelling units assisted under this chapter shall be rented

only to families who are low-income families at the time of their

initial occupancy of such units. Reviews of family income shall be

made at least annually. Except as provided in paragraph (2) and

subject to the requirement under paragraph (3), a family shall pay

as rent for a dwelling unit assisted under this chapter (other than

a family assisted under section 1437f(o) or (y) of this title or

paying rent under section 1437f(c)(3)(B) (!1) of this title) the

highest of the following amounts, rounded to the nearest dollar:

(A) 30 per centum of the family's monthly adjusted income;

(B) 10 per centum of the family's monthly income; or

from a public agency and a part of such payments, adjusted in

accordance with the family's actual housing costs, is

specifically designated by such agency to meet the family's

housing costs, the portion of such payments which is so

designated.

(2) Rental payments for public housing families. -

(A) Authority for family to select. -

(i) In general. - A family residing in a public housing

dwelling shall pay as monthly rent for the unit the amount

determined under clause (i) or (ii) of subparagraph (B),

subject to the requirement under paragraph (3) (relating to

minimum rents). Each public housing agency shall provide for

each family residing in a public housing dwelling unit owned,

assisted, or operated by the agency to elect annually whether

the rent paid by such family shall be determined under clause

(i) or (ii) of subparagraph (B). A public housing agency may

not at any time fail to provide both such rent options for any

public housing dwelling unit owned, assisted, or operated by

the agency.

(ii) Authority to retain flat and ceiling rents. -

Notwithstanding clause (i) or any other provision of law, any

public housing agency that is administering flat rents or

ceiling rents pursuant to any authority referred to in section

519(d) of the Quality Housing and Work Responsibility Act of

1998 before the effective day of such Act may continue to

charge rent in accordance with such rent provisions after such

effective date, except that the agency shall provide for

families residing in public housing dwelling units owned or

operated by the agency to elect annually whether to pay rent

under such provisions or in accordance with one of the rent

options referred to in subparagraph (A).

(B) Allowable rent structures. -

(i) Flat rents. - Except as otherwise provided under this

clause, each public housing agency shall establish, for each

dwelling unit in public housing owned or operated by the

agency, a flat rental amount for the dwelling unit, which shall

(I) be based on the rental value of the unit, as determined

by the public housing agency; and

(II) be designed in accordance with subparagraph (D) so

that the rent structures do not create a disincentive for

continued residency in public housing by families who are

attempting to become economically self-sufficient through

employment or who have attained a level of self-sufficiency

through their own efforts.

The rental amount for a dwelling unit shall be considered to

comply with the requirements of this clause if such amount does

not exceed the actual monthly costs to the public housing

agency attributable to providing and operating the dwelling

unit. The preceding sentence may not be construed to require

establishment of rental amounts equal to or based on operating

costs or to prevent public housing agencies from developing

flat rents required under this clause in any other manner that

may comply with this clause.

(ii) Income-based rents. -

(I) In general. - The monthly rental amount determined

under this clause for a family shall be an amount, determined

by the public housing agency, that does not exceed the

greatest of the amounts (rounded to the nearest dollar)

determined under subparagraphs (A), (B), and (C) of paragraph

(1). This clause may not be construed to require a public

housing agency to charge a monthly rent in the maximum amount

permitted under this clause.

(II) Discretion. - Subject to the limitation on monthly

rental amount under subclause (I), a public housing agency

may, in its discretion, implement a rent structure under this

clause requiring that a portion of the rent be deposited to

an escrow or savings account, imposing ceiling rents, or

adopting income exclusions (such as those set forth in

subsection (b)(5)(B) of this section), or may establish

another reasonable rent structure or amount.

circumstances. - Notwithstanding subparagraph (A), in the case of

a family that has elected to pay rent in the amount determined

under subparagraph (B)(i), a public housing agency shall

immediately provide for the family to pay rent in the amount

determined under subparagraph (B)(ii) during the period for which

such election was made upon a determination that the family is

unable to pay the amount determined under subparagraph (B)(i)

because of financial hardship, including -

(i) situations in which the income of the family has

decreased because of changed circumstances, loss of (!2)

reduction of employment, death in the family, and reduction in

or loss of income or other assistance;

(ii) an increase, because of changed circumstances, in the

family's expenses for medical costs, child care,

transportation, education, or similar items; and

(iii) such other situations as may be determined by the

agency.

(D) Encouragement of self-sufficiency. - The rental policy

developed by each public housing agency shall encourage and

reward employment and economic self-sufficiency.

(E) Income reviews. - Notwithstanding the second sentence of

paragraph (1), in the case of families that are paying rent in

the amount determined under subparagraph (B)(i), the agency shall

review the income of such family not less than once every 3

years.

(3) Minimum rental amount. -

(A) Requirement. - Notwithstanding paragraph (1) of this

subsection, the method for rent determination elected pursuant to

paragraph (2)(A) of this subsection by a family residing in

public housing, section 1437f(o)(2) of this title, or section

206(d) of the Housing and Urban-Rural Recovery Act of 1983

(including paragraph (5) of such section), the following entities

shall require the following families to pay a minimum monthly

rental amount (which amount shall include any amount allowed for

utilities) of not more than $50 per month, as follows:

(i) Each public housing agency shall require the payment of

such minimum monthly rental amount, which amount shall be

determined by the agency, by -

(I) each family residing in a dwelling unit in public

housing by the agency;

(II) each family who is assisted under the certificate or

moderate rehabilitation program under section 1437f of this

title; and

(III) each family who is assisted under the voucher program

under section 1437f of this title, and the agency shall

reduce the monthly assistance payment on behalf of such

family as may be necessary to ensure payment of such minimum

monthly rental amount.

(ii) The Secretary shall require each family who is assisted

under any other program for rental assistance under section

1437f of this title to pay such minimum monthly rental amount,

which amount shall be determined by the Secretary.

(B) Exception for hardship circumstances. -

(i) In general. - Notwithstanding subparagraph (A), a public

housing agency (or the Secretary, in the case of a family

described in subparagraph (A)(ii)) shall immediately grant an

exemption from application of the minimum monthly rental under

such subparagraph to any family unable to pay such amount

because of financial hardship, which shall include situations

in which (I) the family has lost eligibility for or is awaiting

an eligibility determination for a Federal, State, or local

assistance program, including a family that includes a member

who is an alien lawfully admitted for permanent residence under

the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] who

would be entitled to public benefits but for title IV of the

Personal Responsibility and Work Opportunity Reconciliation Act

of 1996; (II) the family would be evicted as a result of the

imposition of the minimum rent requirement under subparagraph

(A); (III) the income of the family has decreased because of

changed circumstance, including loss of employment; (IV) a

death in the family has occurred; and (V) other situations as

may be determined by the agency (or the Secretary, in the case

of a family described in subparagraph (A)(ii)).

(ii) Waiting period. - If a resident requests a hardship

exemption under this subparagraph and the public housing agency

(or the Secretary, in the case of a family described in

subparagraph (A)(ii)) reasonably determines the hardship to be

of a temporary nature, an exemption shall not be granted during

the 90-day period beginning upon the making of a request for

the exemption. A resident may not be evicted during such 90-day

period for nonpayment of rent. In such a case, if the resident

thereafter demonstrates that the financial hardship is of a

long-term basis, the agency (or the Secretary) shall

retroactively exempt the resident from the applicability of the

minimum rent requirement for such 90-day period.

(4) Occupancy by police officers. -

(A) In general. - Subject to subparagraph (B) and

notwithstanding any other provision of law, a public housing

agency may, in accordance with the public housing agency plan for

the agency, allow a police officer who is not otherwise eligible

for residence in public housing to reside in a public housing

dwelling unit. The number and location of units occupied by

police officers under this paragraph and the terms and conditions

of their tenancies shall be determined by the public housing

agency.

(B) Increased security. - A public housing agency may take the

actions authorized in subparagraph (A) only for the purpose of

increasing security for the residents of a public housing

project.

means any person determined by a public housing agency to be,

during the period of residence of that person in public housing,

employed on a full-time basis as a duly licensed professional

police officer by a Federal, State, or local government or by any

agency thereof (including a public housing agency having an

accredited police force).

(5) Occupancy by over-income families in certain public housing.

(A) Authority. - Notwithstanding any other provision of law, a

public housing agency that owns or operates less than 250 units

may, on a month-to-month basis, lease a dwelling unit in a public

housing project to an over-income family in accordance with this

paragraph, but only if there are no eligible families applying

for housing assistance from the public housing agency for that

month and the agency provides not less than 30-day public notice

of the availability of such assistance.

(B) Terms and conditions. - The number and location of dwelling

units of a public housing agency occupied under this paragraph by

over-income families, and the terms and conditions of those

tenancies, shall be determined by the public housing agency,

except that -

(i) notwithstanding paragraph (2), rent for a unit shall be

in an amount that is not less than the costs to operate the

unit;

(ii) if an eligible family applies for residence after an

over-income family moves in to the last available unit, the

over-income family shall vacate the unit in accordance with

notice of termination of tenancy provided by the agency, which

shall be provided not less than 30 days before such

termination; and

(iii) if a unit is vacant and there is no one on the waiting

list, the public housing agency may allow an over-income family

to gain immediate occupancy in the unit, while simultaneously

providing reasonable public notice and outreach with regard to

availability of the unit.

"over-income family" means an individual or family that is not a

low-income family at the time of initial occupancy.

(b) Definition of terms under this chapter

When used in this chapter:

(1) The term "low-income housing" means decent, safe, and

sanitary dwellings assisted under this chapter. The term "public

housing" means low-income housing, and all necessary appurtenances

thereto, assisted under this chapter other than under section 1437f

of this title. The term "public housing" includes dwelling units in

a mixed finance project that are assisted by a public housing

agency with capital or operating assistance. When used in reference

to public housing, the term "low-income housing project" or

"project" means (A) housing developed, acquired, or assisted by a

public housing agency under this chapter, and (B) the improvement

of any such housing.

(2) The term "low-income families" means those families whose

incomes do not exceed 80 per centum of the median income for the

area, as determined by the Secretary with adjustments for smaller

and larger families, except that the Secretary may establish income

ceilings higher or lower than 80 per centum of the median for the

area on the basis of the Secretary's findings that such variations

are necessary because of prevailing levels of construction costs or

unusually high or low family incomes. The term "very low-income

families" means low-income families whose incomes do not exceed 50

per centum of the median family income for the area, as determined

by the Secretary with adjustments for smaller and larger families,

except that the Secretary may establish income ceilings higher or

lower than 50 per centum of the median for the area on the basis of

the Secretary's findings that such variations are necessary because

of unusually high or low family incomes. Such ceilings shall be

established in consultation with the Secretary of Agriculture for

any rural area, as defined in section 1490 of this title, taking

into account the subsidy characteristics and types of programs to

which such ceilings apply. In determining median incomes (of

persons, families, or households) for an area or establishing any

ceilings or limits based on income under this chapter, the

Secretary shall determine or establish area median incomes and

income ceilings and limits for Westchester and Rockland Counties,

in the State of New York, as if each such county were an area not

contained within the metropolitan statistical area in which it is

located. In determining such area median incomes or establishing

such income ceilings or limits for the portion of such metropolitan

statistical area that does not include Westchester or Rockland

Counties, the Secretary shall determine or establish area median

incomes and income ceilings and limits as if such portion included

Westchester and Rockland Counties. In determining areas that are

designated as difficult development areas for purposes of the

low-income housing tax credit, the Secretary shall include

Westchester and Rockland Counties, New York, in the New York City

metropolitan area.

(3) Persons and families. -

(A) Single persons. - The term "families" includes families

consisting of a single person in the case of (i) an elderly

person, (ii) a disabled person, (iii) a displaced person, (iv)

the remaining member of a tenant family, and (v) any other single

persons. In no event may any single person under clause (v) of

the first sentence be provided a housing unit assisted under this

chapter of 2 or more bedrooms.

(B) Families. - The term "families" includes families with

children and, in the cases of elderly families, near-elderly

families, and disabled families, means families whose heads (or

their spouses), or whose sole members, are elderly, near-elderly,

or persons with disabilities, respectively. The term includes, in

the cases of elderly families, near-elderly families, and

disabled families, 2 or more elderly persons, near-elderly

persons, or persons with disabilities living together, and 1 or

more such persons living with 1 or more persons determined under

the public housing agency plan to be essential to their care or

well-being.

from the home due to placement in foster care shall not be

considered in determining family composition and family size.

(D) Elderly person. - The term "elderly person" means a person

who is at least 62 years of age.

(E) Person with disabilities. - The term "person with

disabilities" means a person who -

(i) has a disability as defined in section 423 of this title,

(ii) is determined, pursuant to regulations issued by the

Secretary, to have a physical, mental, or emotional impairment

which (I) is expected to be of long-continued and indefinite

duration, (II) substantially impedes his or her ability to live

independently, and (III) is of such a nature that such ability

could be improved by more suitable housing conditions, or

(iii) has a developmental disability as defined in section

15002 of this title.

Such term shall not exclude persons who have the disease of

acquired immunodeficiency syndrome or any conditions arising from

the etiologic agent for acquired immunodeficiency syndrome.

Notwithstanding any other provision of law, no individual shall

be considered a person with disabilities, for purposes of

eligibility for low-income housing under this subchapter, solely

on the basis of any drug or alcohol dependence. The Secretary

shall consult with other appropriate Federal agencies to

implement the preceding sentence.

(F) Displaced person. - The term "displaced person" means a

person displaced by governmental action, or a person whose

dwelling has been extensively damaged or destroyed as a result of

a disaster declared or otherwise formally recognized pursuant to

Federal disaster relief laws.

(G) Near-elderly person. - The term "near-elderly person" means

a person who is at least 50 years of age but below the age of 62.

(4) The term "income" means income from all sources of each

member of the household, as determined in accordance with criteria

prescribed by the Secretary, in consultation with the Secretary of

Agriculture, except that any amounts not actually received by the

family and any amounts which would be eligible for exclusion under

section 1382b(a)(7) of this title may not be considered as income

under this paragraph.

(5) Adjusted income. - The term "adjusted income" means, with

respect to a family, the amount (as determined by the public

housing agency) of the income of the members of the family residing

in a dwelling unit or the persons on a lease, after any income

exclusions as follows:

(A) Mandatory exclusions. - In determining adjusted income, a

public housing agency shall exclude from the annual income of a

family the following amounts:

(i) Elderly and disabled families. - $400 for any elderly or

disabled family.

(ii) Medical expenses. - The amount by which 3 percent of the

annual family income is exceeded by the sum of -

(I) unreimbursed medical expenses of any elderly family or

disabled family;

(II) unreimbursed medical expenses of any family that is

not covered under subclause (I), except that this subclause

shall apply only to the extent approved in appropriation

Acts; and

(III) unreimbursed reasonable attendant care and auxiliary

apparatus expenses for each handicapped member of the family,

to the extent necessary to enable any member of such family

(including such handicapped member) to be employed.

(iii) Child care expenses. - Any reasonable child care

expenses necessary to enable a member of the family to be

employed or to further his or her education.

(iv) Minors, students, and persons with disabilities. - $480

for each member of the family residing in the household (other

than the head of the household or his or her spouse) who is

less than 18 years of age or is attending school or vocational

training on a full-time basis, or who is 18 years of age or

older and is a person with disabilities.

(v) Child support payments. - Any payment made by a member of

the family for the support and maintenance of any child who

does not reside in the household, except that the amount

excluded under this clause may not exceed $480 for each child

for whom such payment is made; except that this clause shall

apply only to the extent approved in appropriations Acts.

(vi) Spousal support expenses. - Any payment made by a member

of the family for the support and maintenance of any spouse or

former spouse who does not reside in the household, except that

the amount excluded under this clause shall not exceed the

lesser of (I) the amount that such family member has a legal

obligation to pay, or (II) $550 for each individual for whom

such payment is made; except that this clause shall apply only

to the extent approved in appropriations Acts.

(vii) Earned income of minors. - The amount of any earned

income of a member of the family who is not -

(I) 18 years of age or older; and

(II) the head of the household (or the spouse of the head

of the household).

(B) Permissive exclusions for public housing. - In determining

adjusted income, a public housing agency may, in the discretion

of the agency, establish exclusions from the annual income of a

family residing in a public housing dwelling unit. Such

exclusions may include the following amounts:

(i) Excessive travel expenses. - Excessive travel expenses in

an amount not to exceed $25 per family per week, for

employment- or education-related travel.

(ii) Earned income. - An amount of any earned income of the

family, established at the discretion of the public housing

agency, which may be based on -

(I) all earned income of the family,(!3)

(II) the amount earned by particular members of the family;

(III) the amount earned by families having certain

characteristics; or

(IV) the amount earned by families or members during

certain periods or from certain sources.

(iii) Others. - Such other amounts for other purposes, as the

public housing agency may establish.

(6) Public housing agency. -

(A) In general. - Except as provided in subparagraph (B), the

term "public housing agency" means any State, county,

municipality, or other governmental entity or public body (or

agency or instrumentality thereof) which is authorized to engage

in or assist in the development or operation of public housing.

(B) Section 1437f program. - For purposes of the program for

tenant-based assistance under section 1437f of this title, such

term includes -

(i) a consortia of public housing agencies that the Secretary

determines has the capacity and capability to administer a

program for assistance under such section in an efficient

manner;

(ii) any other public or private nonprofit entity that, upon

the effective date under section 503(a) of the Quality Housing

and Work Responsibility Act of 1998, was administering any

program for tenant-based assistance under section 1437f of this

title (as in effect before the effective date of such Act),

pursuant to a contract with the Secretary or a public housing

agency; and

(iii) with respect to any area in which no public housing

agency has been organized or where the Secretary determines

that a public housing agency is unwilling or unable to

implement a program for tenant-based assistance (!4) section

1437f of this title, or is not performing effectively -

(I) the Secretary or another public or private nonprofit

entity that by contract agrees to receive assistance amounts

under section 1437f of this title and enter into housing

assistance payments contracts with owners and perform the

other functions of public housing agency under section 1437f

of this title; or

(II) notwithstanding any provision of State or local law, a

public housing agency for another area that contracts with

the Secretary to administer a program for housing assistance

under section 1437f of this title, without regard to any

otherwise applicable limitations on its area of operation.

(7) The term "State" includes the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the territories and

possessions of the United States, and the Trust Territory of the

Pacific Islands.

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

Development.

(9) Drug-related criminal activity. - The term "drug-related

criminal activity" means the illegal manufacture, sale,

distribution, use, or possession with intent to manufacture, sell,

distribute, or use, of a controlled substance (as such term is

defined in section 802 of title 21).

(10) Mixed-finance project. - The term "mixed-finance project"

means a public housing project that meets the requirements of

section 1437z-7 of this title.

(11) Public housing agency plan. - The term "public housing

agency plan" means the plan of a public housing agency prepared in

accordance with section 1437c-1 of this title.

(12) Capital fund. - The term "Capital Fund" means the fund

established under section 1437g(d) of this title.

(13) Operating fund. - The term "Operating Fund" means the fund

established under section 1437g(e) of this title.

When used in reference to public housing:

(1) The term "development" means any or all undertakings

necessary for planning, land acquisition, demolition, construction,

or equipment, in connection with a low-income housing project. The

term "development cost" comprises the costs incurred by a public

housing agency in such undertakings and their necessary financing

(including the payment of carrying charges), and in otherwise

carrying out the development of such project, but does not include

the costs associated with the demolition of or remediation of

environmental hazards associated with public housing units that

will not be replaced on the project site, or other extraordinary

site costs as determined by the Secretary. Construction activity in

connection with a low-income housing project may be confined to the

reconstruction, remodeling, or repair of existing buildings.

(2) The term "operation" means any or all undertakings

appropriate for management, operation, services, maintenance,

security (including the cost of security personnel), or financing

in connection with a low-income housing project. The term also

means the financing of tenant programs and services for families

residing in low-income housing projects, particularly where there

is maximum feasible participation of the tenants in the development

and operation of such tenant programs and services. As used in this

paragraph, the term "tenant programs and services" includes the

development and maintenance of tenant organizations which

participate in the management of low-income housing projects; the

training of tenants to manage and operate such projects and the

utilization of their services in project management and operation;

counseling on household management, housekeeping, budgeting, money

management, child care, and similar matters; advice as to resources

for job training and placement, education, welfare, health, and

other community services; services which are directly related to

meeting tenant needs and providing a wholesome living environment;

and referral to appropriate agencies in the community when

necessary for the provision of such services. To the maximum extent

available and appropriate, existing public and private agencies in

the community shall be used for the provision of such services.

(3) The term "acquisition cost" means the amount prudently

required to be expended by a public housing agency in acquiring

property for a low-income housing project.

(4) The term "congregate housing" means low-rent housing with

which there is connected a central dining facility where wholesome

and economical meals can be served to occupants. Expenditures

incurred by a public housing agency in the operation of a central

dining facility in connection with congregate housing (other than

the cost of providing food and service) shall be considered a cost

of operation of the project.

(5) The terms "group home" and "independent living facility" have

the meanings given such terms in section 8013(k) of this title.

(d) Disallowance of earned income from rent determinations

(1) In general

Notwithstanding any other provision of law, the rent payable

under subsection (a) of this section by a family described in

paragraph (3) of this subsection may not be increased as a result

of the increased income due to such employment during the

12-month period beginning on the date on which the employment is

commenced.

(2) Phase-in of rent increases

Upon the expiration of the 12-month period referred to in

paragraph (1), the rent payable by a family described in

paragraph (3) may be increased due to the continued employment of

the family member described in paragraph (3)(B), except that

during the 12-month period beginning upon such expiration the

amount of the increase may not be greater than 50 percent of the

amount of the total rent increase that would be applicable but

for this paragraph.

(3) Eligible families

A family described in this paragraph is a family -

(A) that -

(i) occupies a dwelling unit in a public housing project;

(ii) receives assistance under section 1437f of this title;

and

(B)(i) whose income increases as a result of employment of a

member of the family who was previously unemployed for 1 or

more years;

(ii) whose earned income increases during the participation

of a family member in any family self-sufficiency or other job

training program; or

(iii) who is or was, within 6 months, assisted under any

State program for temporary assistance for needy families

funded under part A of title IV of the Social Security Act [42

U.S.C. 601 et seq.] and whose earned income increases.

(4) Applicability

This subsection and subsection (e) of this section shall apply

beginning upon October 1, 1999, except that this subsection and

subsection (e) of this section shall apply with respect to any

family described in paragraph 3(A)(ii) (!5) only to the extent

provided in advance in appropriations Acts.

(e) Individual savings accounts

(1) In general

In lieu of a disallowance of earned income under subsection (d)

of this section, upon the request of a family that qualifies

under subsection (d) of this section, a public housing agency may

establish an individual savings account in accordance with this

subsection for that family.

(2) Deposits to account

The public housing agency shall deposit in any savings account

established under this subsection an amount equal to the total

amount that otherwise would be applied to the family's rent

payment under subsection (a) of this section as a result of

employment.

(3) Withdrawal from account

Amounts deposited in a savings account established under this

subsection may only be withdrawn by the family for the purpose of

(A) purchasing a home;

(B) paying education costs of family members;

(D) paying any other expense authorized by the public housing

agency for the purpose of promoting the economic

self-sufficiency of residents of public and assisted housing.

(f) Availability of income matching information

(1) Disclosure to PHA

A public housing agency, or the owner responsible for

determining the participant's eligibility or level of benefits,

shall require any family described in paragraph (2) who receives

information regarding income, earnings, wages, or unemployment

compensation from the Department of Housing and Urban Development

pursuant to income verification procedures of the Department to

disclose such information, upon receipt of the information, to

the public housing agency that owns or operates the public

housing dwelling unit in which such family resides or that

provides the housing assistance under this chapter on behalf of

such family, as applicable, or to the owner responsible for

determining the participant's eligibility or level of benefits.

(2) Families covered

A family described in this paragraph is a family that resides

in a dwelling unit -

(A) that is a public housing dwelling unit;

(B) for which tenant-based assistance is provided under

section 1437f of this title,(!6) or

section 1437f of this title, section 1437bb (!7) of this title,

or section 811.(!7)

-SOURCE-

(Sept. 1, 1937, ch. 896, title I, Sec. 3, as added Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 654; amended Pub. L.

94-375, Sec. 2(f), Aug. 3, 1976, 90 Stat. 1068; Pub. L. 95-557,

title II, Sec. 206(c), Oct. 31, 1978, 92 Stat. 2091; Pub. L.

96-153, title II, Sec. 202(a), Dec. 21, 1979, 93 Stat. 1106; Pub.

L. 97-35, title III, Sec. 322(a), Aug. 13, 1981, 95 Stat. 400; Pub.

L. 98-181, title II, Secs. 202, 206(a)-(c), Nov. 30, 1983, 97 Stat.

1178, 1179; Pub. L. 98-479, title I, Sec. 102(b)(1)-(3), Oct. 17,

1984, 98 Stat. 2221; Pub. L. 100-242, title I, Secs. 102(a), 111,

170(c), Feb. 5, 1988, 101 Stat. 1821, 1823, 1867; renumbered title

I and amended Pub. L. 100-358, Secs. 4, 5, June 29, 1988, 102 Stat.

680, 681; Pub. L. 101-235, title III, Sec. 302, Dec. 15, 1989, 103

Stat. 2043; Pub. L. 101-625, title V, Secs. 515(b), 572,

573(a)-(d), 574, Nov. 28, 1990, 104 Stat. 4199, 4236-4238; Pub. L.

102-550, title I, Secs. 102-103(a)(2), 185(c)(4), title VI, Secs.

621, 622(c), 625(a)(1), Oct. 28, 1992, 106 Stat. 3683, 3748, 3812,

3817, 3820; Pub. L. 103-233, title III, Sec. 301, Apr. 11, 1994,

108 Stat. 369; Pub. L. 104-99, title IV, Sec. 402(b)(1), (c), Jan.

26, 1996, 110 Stat. 40, 41; Pub. L. 104-330, title V, Sec.

501(b)(1), Oct. 26, 1996, 110 Stat. 4041; Pub. L. 105-276, title V,

Secs. 506, 507(a), (c), 508(a), (b)(1), (c)(1), (d)(1), 520(a),

523, 524(a), 546, Oct. 21, 1998, 112 Stat. 2523-2529, 2562,

2565-2567, 2604; Pub. L. 106-74, title II, Sec. 214(a), Oct. 20,

1999, 113 Stat. 1074; Pub. L. 106-402, title IV, Sec. 401(b)(7),

Oct. 30, 2000, 114 Stat. 1738.)

-REFTEXT-

REFERENCES IN TEXT

Section 1437f(c)(3)(B) of this title, referred to in subsec.

(a)(1), was repealed by Pub. L. 105-276, title V, Sec.

550(a)(3)(A)(ii), Oct. 21, 1998, 112 Stat. 2609.

Section 519(d) of the Quality Housing and Work Responsibility Act

of 1998, referred to in subsec. (a)(2)(A)(ii), is section 519(d) of

Pub. L. 105-276 which is set out as a note below.

The effective day of such Act and the effective date of such Act,

referred to in subsecs. (a)(2)(A)(ii) and (b)(6)(B)(ii), probably

means the general effective date for the Quality Housing and Work

Responsibility Act of 1998, Pub. L. 105-276, title V, included in

section 503 of the Act which is set out as an Effective Date of

1998 Amendment note under section 1437 of this title.

Section 206(d) of the Housing and Urban-Rural Recovery Act of

1983, referred to in subsec. (a)(3)(A), is section 206(d) of Pub.

L. 98-181, which is set out as a note below.

The Immigration and Nationality Act, referred to in subsec.

(a)(3)(B)(i)(I), is act June 27, 1952, ch. 477, 66 Stat. 163, as

amended, which is classified principally to chapter 12 (Sec. 1101

et seq.) of Title 8, Aliens and Nationality. For complete

classification of this Act to the Code, see Short Title note set

out under section 1101 of Title 8 and Tables.

Title IV of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, referred to in subsec. (a)(3)(B)(i)(I),

is title IV (Sec. 400 et seq.) of Pub. L. 104-193, Aug. 22, 1996,

110 Stat. 2260, as amended. For complete classification of title IV

to the Code, see Tables.

Section 503(a) of the Quality Housing and Work Responsibility Act

of 1998, referred to in subsec. (b)(6)(B)(ii), is section 503(a) of

Pub. L. 105-276 which is set out as an Effective Date of 1998

Amendment note under section 1437 of this title.

The Social Security Act, referred to in subsec. (d)(3)(B)(iii),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of

title IV of the Act is classified generally to part A (Sec. 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.

Section 1437bb of this title, referred to in subsec. (f)(2)(C),

was repealed by Pub. L. 104-330, title V, Sec. 501(a), Oct. 26,

1996, 110 Stat. 4041.

Section 811, referred to in subsec. (f)(2)(C), means section 811

of the United States Housing Act of 1937, but that Act does not

contain a section 811.

-MISC1-

PRIOR PROVISIONS

A prior section 3 of act Sept. 1, 1937, ch. 896, 50 Stat. 889, as

amended, established the United States Housing Authority and was

classified to section 1403 of this title, prior to the general

revision of this chapter by Pub. L. 93-383.

Prior similar provisions were contained in section 2 of act Sept.

1, 1937, ch. 896, 50 Stat. 888, which was classified to section

1402 of this title prior to the general revision of this chapter by

Pub. L. 93-383.

AMENDMENTS

2000 - Subsec. (b)(3)(E)(iii). Pub. L. 106-402 substituted

"section 15002 of this title" for "section 6001 of this title".

1999 - Subsec. (f)(1). Pub. L. 106-74, Sec. 214(a)(1), inserted

", or the owner responsible for determining the participant's

eligibility or level of benefits," after "A public housing agency"

and ", or to the owner responsible for determining the

participant's eligibility or level of benefits" before period at

end.

Subsec. (f)(2)(C). Pub. L. 106-74, Sec. 214(a)(2), added subpar.

(C).

1998 - Subsec. (a)(1). Pub. L. 105-276, Sec. 507(c), inserted

"and subject to the requirement under paragraph (3)" after

"paragraph (2)" in third sentence.

Subsec. (a)(2). Pub. L. 105-276, Sec. 523, amended par. (2)

generally. For prior text, see 1996 Amendment note below.

Subsec. (a)(3). Pub. L. 105-276, Sec. 507(a), added par. (3).

Subsec. (a)(4), (5). Pub. L. 105-276, Sec. 524(a), added pars.

(4) and (5).

Subsec. (b)(1). Pub. L. 105-276, Sec. 506(1), inserted after

second sentence "The term 'public housing' includes dwelling units

in a mixed finance project that are assisted by a public housing

agency with capital or operating assistance."

Subsec. (b)(2). Pub. L. 105-276, Sec. 508(c)(1), substituted

"limits for Westchester and Rockland Counties" for "limits for

Westchester County", inserted "each" before "such county",

substituted "include Westchester or Rockland Counties" for "include

Westchester County" and "included Westchester and Rockland

Counties" for "included Westchester County", and inserted at end

"In determining areas that are designated as difficult development

areas for purposes of the low-income housing tax credit, the

Secretary shall include Westchester and Rockland Counties, New

York, in the New York City metropolitan area."

Subsec. (b)(3)(A). Pub. L. 105-276, Sec. 506(2)(A), struck out at

end "In determining priority for admission to housing under this

chapter, the Secretary shall give preference to single persons who

are elderly, disabled, or displaced persons before single persons

who are eligible under clause (v) of the first sentence."

Subsec. (b)(3)(B). Pub. L. 105-276, Sec. 506(2)(B), substituted

"public housing agency plan" for "regulations of the Secretary" in

second sentence.

Subsec. (b)(3)(E). Pub. L. 105-276, Sec. 506(3), inserted at end

"Notwithstanding any other provision of law, no individual shall be

considered a person with disabilities, for purposes of eligibility

for low-income housing under this subchapter, solely on the basis

of any drug or alcohol dependence. The Secretary shall consult with

other appropriate Federal agencies to implement the preceding

sentence."

Subsec. (b)(5). Pub. L. 105-276, Sec. 508(a), amended par. (5)

generally, substituting present provisions for provisions which had

defined "adjusted income" as income which remained after excluding

$550 for each member of family in household under 18 years of age,

disabled, or a student, $400 for any elderly or disabled family,

the amount by which medical and related expenses exceeded 3 percent

of income, child care expenses, 10 percent of earned income, and

any payment made for support and maintenance of nonresident child,

spouse, or former spouse.

Subsec. (b)(6). Pub. L. 105-276, Sec. 546, amended par. (6)

generally. Prior to amendment, par. (6) read as follows: "The term

'public housing agency' means any State, county, municipality, or

other governmental entity or public body (or agency or

instrumentality thereof) which is authorized to engage in or assist

in the development or operation of low-income housing."

Subsec. (b)(9) to (13). Pub. L. 105-276, Sec. 506(4), added pars.

(9) to (13).

Subsec. (c). Pub. L. 105-276, Sec. 508(b)(1)(A), which directed

the amendment of subsec. (c) by striking out the undesignated par.

after par. (3), was executed by striking out concluding provisions

after par. (5), to reflect the probable intent of Congress.

Concluding provisions read as follows: "The earnings of and

benefits to any public housing resident resulting from

participation in a program providing employment training and

supportive services in accordance with the Family Support Act of

1988, section 1437t of this title, or any comparable Federal,

State, or local law shall not be considered as income for the

purposes of determining a limitation on the amount of rent paid by

the resident during -

"(1) the period that the resident participates in such program;

and

"(2) the period that -

"(A) begins with the commencement of employment of the

resident in the first job acquired by the person after

completion of such program that is not funded by assistance

under this chapter; and

"(B) ends on the earlier of -

"(i) the date the resident ceases to continue employment

without good cause as the Secretary shall determine; or

"(ii) the expiration of the 18-month period beginning on

the date referred to in subparagraph (A)."

Subsec. (c)(1). Pub. L. 105-276, Sec. 520(a), inserted before

period at end of second sentence ", but does not include the costs

associated with the demolition of or remediation of environmental

hazards associated with public housing units that will not be

replaced on the project site, or other extraordinary site costs as

determined by the Secretary".

Subsecs. (d), (e). Pub. L. 105-276, Sec. 508(b)(1)(B), added

subsecs. (d) and (e).

Subsec. (f). Pub. L. 105-276, Sec. 508(d)(1), added subsec. (f).

1996 - Subsec. (a)(2). Pub. L. 104-99, Sec. 402(b)(1), (f),

temporarily amended par. (2) generally, substituting

"(2) Notwithstanding paragraph (1), a public housing agency may -

"(A) adopt ceiling rents that reflect the reasonable market

value of the housing, but that are not less than the monthly

costs -

"(i) to operate the housing of the agency; and

"(ii) to make a deposit to a replacement reserve (in the sole

discretion of the public housing agency); and

"(B) allow families to pay ceiling rents referred to in

subparagraph (A), unless, with respect to any family, the ceiling

rent established under this paragraph would exceed the amount

payable as rent by that family under paragraph (1)." for

"(2)(A) Any public housing agency may provide that each family

residing in a public housing project owned and operated by such

agency (or in low-income housing assisted under section 1437f of

this title that contains more than 2,000 dwelling units) shall pay

as monthly rent an amount determined by such agency to be

appropriate that does not exceed a maximum amount that -

"(i) is established by such agency and approved by the

Secretary;

"(ii) is not more than the amount payable as rent by such

family under paragraph (1); and

"(iii) is not less than the average monthly amount of debt

service and operating expenses attributable to dwelling units of

similar size in public housing projects owned and operated by

such agency.

"(B) The terms of all ceiling rents established prior to December

15, 1989, shall be extended without time limitation." See Effective

and Termination Dates of 1996 Amendments note below.

Subsec. (b)(5)(F). Pub. L. 104-330, Sec. 501(b)(1)(A)(i),

inserted "and" after semicolon.

Subsec. (b)(5)(G). Pub. L. 104-330, Sec. 501(b)(1)(A)(ii), (iii),

redesignated subpar. (H) as (G) and struck out former subpar. (G)

which read as follows: "excessive travel expenses, not to exceed

$25 per family per week, for employment- or education-related

travel, except that this subparagraph shall apply only to families

assisted by Indian housing authorities; and".

Subsec. (b)(5)(H). Pub. L. 104-330, Sec. 501(b)(1)(A)(iii),

redesignated subpar. (H) as (G).

Pub. L. 104-99, Sec. 402(c), (f), temporarily added subpar. (H)

which read "for public housing, any other adjustments to earned

income established by the public housing agency. If a public

housing agency adopts other adjustments to income pursuant to

subparagraph (H), the Secretary shall not take into account any

reduction of or increase in the public housing agency's per unit

dwelling rental income resulting from those adjustments when

calculating the contributions under section 1437g of this title for

the public housing agency for the operation of the public housing."

See Effective and Termination Dates of 1996 Amendments note below.

Subsec. (b)(6). Pub. L. 104-330, Sec. 501(b)(1)(B), struck out at

end "The term includes any Indian housing authority."

Subsec. (b)(7). Pub. L. 104-330, Sec. 501(b)(1)(C), inserted

"and" before "the Trust" and struck out ", and Indian tribes" after

"Pacific Islands".

Subsec. (b)(9) to (12). Pub. L. 104-330, Sec. 501(b)(1)(D),

struck out pars. (9) to (12) which read as follows:

"(9) The term 'Indian' means any person recognized as being an

Indian or Alaska Native by an Indian tribe, the Federal Government,

or any State.

"(10) The term 'Indian area' means the area within which an

Indian housing authority is authorized to provide low-income

housing.

"(11) The term 'Indian housing authority' means any entity that -

"(A) is authorized to engage in or assist in the development or

operation of low-income housing for Indians; and

"(B) is established -

"(i) by exercise of the power of self-government of an Indian

tribe independent of State law; or

"(ii) by operation of State law providing specifically for

housing authorities for Indians, including regional housing

authorities in the State of Alaska.

"(12) The term 'Indian tribe' means any tribe, band, pueblo,

group, community, or nation of Indians or Alaska Natives."

1994 - Subsec. (b)(3)(B). Pub. L. 103-233 substituted "includes

families with children and" for "means families with children".

1992 - Subsec. (a)(1). Pub. L. 102-550, Sec. 185(c)(4),

substituted "section 1437f(o) or (y) of this title or paying rent

under section 1437f(c)(3)(B) of this title" for "section 1437f(o)

of this title".

Subsec. (a)(2)(A). Pub. L. 102-550, Sec. 102(a), struck out "for

not more than a 5-year period" after "monthly rent".

Subsec. (a)(2)(B). Pub. L. 102-550, Sec. 102(b), struck out first

sentence which read as follows: "The 5-year limitation established

in subparagraph (A) shall not apply to any family residing in a

public housing project administered by an Indian public housing

agency." and substituted "without time limitation" for "for the

5-year period beginning on December 15, 1989".

Subsec. (b)(3). Pub. L. 102-550, Sec. 621, amended par. (3)

generally, substituting present provisions for provisions relating

to families consisting of single persons, elderly families,

handicapped persons, displaced persons, and families with household

heads 50 years old or older and the priorities for admission of

such families and persons to housing under this chapter.

Subsec. (b)(4). Pub. L. 102-550, Sec. 103(a)(1), inserted "and

any amounts which would be eligible for exclusion under section

1382b(a)(7) of this title" after "family".

Subsec. (b)(5)(B). Pub. L. 102-550, Sec. 625(a)(1), inserted "or

disabled" after "elderly".

Subsec. (b)(5)(D). Pub. L. 102-550, Sec. 103(a)(2)(A), added

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

follows: "(i) child care expenses to the extent necessary to enable

another member of the family to be employed or to further his or

her education; or (ii) excessive travel expenses, not to exceed $25

per family per week, for employment or education related travel,

except that this clause shall apply only to families assisted by

Indian housing authorities;".

Subsec. (b)(5)(G). Pub. L. 102-550, Sec. 103(a)(2)(B)-(D), added

subpar. (G).

Subsec. (c)(4), (5). Pub. L. 102-550, Sec. 622(c), which directed

the amendment of subsec. (c) by inserting pars. (4) and (5) after

"project.", was executed by making the insertion after "project."

at the end of par. (3), to reflect the probable intent of Congress.

1990 - Pub. L. 101-625, Sec. 515(b), added concluding

undesignated par. directing that earnings and benefits to public

housing residents resulting from participation in programs

providing employment training and supportive services not be

considered as income.

Subsec. (a)(1). Pub. L. 101-625, Sec. 572(1), substituted

"low-income families" for "lower income families" in introductory

provisions.

Subsecs. (a)(2)(A), (b)(1). Pub. L. 101-625, Sec. 572(2),

substituted "low-income housing" for "lower income housing"

wherever appearing.

Subsec. (b)(2). Pub. L. 101-625, Sec. 573(d), inserted sentences

at end relating to determination or establishment of median incomes

and income ceilings and limits for Westchester County and for

metropolitan statistical areas outside Westchester County.

Pub. L. 101-625, Sec. 572(1), substituted "low-income families"

for "lower income families" wherever appearing.

Subsec. (b)(3). Pub. L. 101-625, Sec. 574, inserted sentence at

end relating to effect of temporary absence of child from the home

due to placement in foster care on considerations of family

composition and size.

Pub. L. 101-625, Sec. 573(a), substituted "(D) and any other

single persons. In no event may any single person under clause (D)

be provided a housing unit assisted under this chapter of 2

bedrooms or more." for "(D) other single persons in circumstances

described in regulations of the Secretary." in first sentence,

struck out after first sentence "In no event shall more than 15 per

centum of the units under the jurisdiction of any public housing

agency be occupied by single persons under clause (D).", and struck

out third from last sentence which was executed (to reflect the

probable intent of Congress) by striking out third sentence from

end which read as follows: "The Secretary may increase the

limitation described in the second sentence of this paragraph to

not more than 30 per centum if, following consultation with the

public housing agency involved, the Secretary determines that the

dwelling units involved are neither being occupied, nor are likely

to be occupied within the next 12 months, by families or persons

described in clauses (A), (B), and (C), due to the condition or

location of such dwelling units, and that such dwelling units may

be occupied if made available to single persons described in clause

(D)."

Subsec. (b)(4). Pub. L. 101-625, Sec. 573(b), inserted before

period at end ", except that any amounts not actually received by

the family may not be considered as income under this paragraph".

Subsec. (b)(5)(A). Pub. L. 101-625, Sec. 573(c)(1), substituted

"$550" for "$480".

Subsec. (b)(5)(C). Pub. L. 101-625, Sec. 573(c)(2), struck out

"elderly" before "family" in cl. (i) and struck out "and" at end.

Subsec. (b)(5)(E), (F). Pub. L. 101-625, Sec. 573(c)(3), added

subpars. (E) and (F).

Subsecs. (b)(6), (10), (11)(A), (c). Pub. L. 101-625, Sec.

572(2), substituted "low-income housing" for "lower income housing"

wherever appearing.

1989 - Subsec. (a)(2)(A). Pub. L. 101-235, Sec. 302(1),

substituted "5-year period" for "3-year period".

Subsec. (a)(2)(B). Pub. L. 101-235, Sec. 302(2), substituted

"5-year limitation" for "3-year limitation" and inserted at end

"The terms of all ceiling rents established prior to December 15,

1989, shall be extended for the 5-year period beginning on December

15, 1989."

1988 - Subsec. (a). Pub. L. 100-242, Sec. 102(a), designated

existing provisions as par. (1), substituted "Except as provided in

paragraph (2), a" for "A", redesignated former pars. (1) to (3) as

subpars. (A) to (C), respectively, and added par. (2).

Subsec. (b)(3). Pub. L. 100-242, Sec. 170(c), in cl. (A),

substituted "sixty-two years of age," for "sixty-two years of age

or", and ", has a developmental disability as defined in section

6001(7) of this title" for "or in section 102 of the Developmental

Disabilities Services and Facilities Construction Amendments of

1970".

Pub. L. 100-242, Sec. 111, inserted provisions relating to

determination of priority admission to public housing projects

designed for elderly families.

Subsec. (b)(5)(D). Pub. L. 100-358, Sec. 4(a), designated

existing provisions as cl. (i) and added cl. (ii).

Subsec. (b)(6). Pub. L. 100-358, Sec. 4(b), inserted at end "The

term includes any Indian housing authority."

Subsec. (b)(7). Pub. L. 100-358, Sec. 4(c), struck out ", bands,

groups, and Nations, including Alaska Indians, Aleuts, and Eskimos,

of the United States" after "and Indian tribes".

Subsec. (b)(9) to (12). Pub. L. 100-358, Sec. 4(d)-(g), added

pars. (9) to (12).

1984 - Subsec. (b)(2). Pub. L. 98-479, Sec. 102(b)(1), inserted

provision at end that such ceilings shall be established in

consultation with the Secretary of Agriculture for any rural area,

as defined in section 1490 of this title, taking into account the

subsidy characteristics and types of programs to which such

ceilings apply.

Subsec. (b)(4). Pub. L. 98-479, Sec. 102(b)(2), inserted ", in

consultation with the Secretary of Agriculture" at end.

Subsec. (b)(5)(C). Pub. L. 98-479, Sec. 102(b)(3), designated

existing provision as cl. (i), added cl. (ii), and inserted "the

amount by which the aggregate of the following expenses of the

family" in provisions preceding cl. (i).

1983 - Subsec. (a). Pub. L. 98-181, Sec. 206(a), in provisions

preceding par. (1), inserted provision requiring annual review of

family income, and inserted "(other than a family assisted under

section 1437f(o) of this title)".

Subsec. (b)(2). Pub. L. 98-181, Sec. 206(b), qualified the term

"very low-income families" in authorizing the Secretary to

establish, where necessary, variations in income ceilings higher or

lower than 50 per centum of the median for the area.

Subsec. (b)(3). Pub. L. 98-181, Sec. 202, inserted provision at

end of par. (3) authorizing increase from 15 to 30 per centum in

the single person occupancy limitation for nonoccupancy of the

involved dwelling units.

Subsec. (b)(5). Pub. L. 98-181, Sec. 206(c), amended par. (5)

generally, substituting provisions designating cls. (A) to (D) for

prior exclusion from "adjusted income" of such amounts or types of

income as the Secretary might prescribe, taking into account the

number of minor children and other appropriate factors.

1981 - Pub. L. 97-35 added subsecs. (a) and (c) and designated

provisions constituting former section as subsec. (b), and in

subsec. (b) as so designated, substituted provisions defining

"lower income housing", "lower income families", "families",

"income", "adjusted income", "public housing agency", "State", and

"Secretary" for provisions defining "low-income housing",

"low-income families", "development", "operation", "acquisition

cost", "public housing agency", "State", "Secretary", and

"low-income housing project".

1979 - Par. (1). Pub. L. 96-153 substituted provisions that the

rental for a dwelling shall not exceed certain portion of the

resident family's income to be established by the Secretary, and

that in the case of a very low income family 25 per centum and in

other cases 30 per centum of family income for provisions that such

rental shall not exceed one-fourth of the family's income as

defined by the Secretary.

1978 - Par. (2)(D). Pub. L. 95-557 substituted "15 per cent" for

"10 per cent".

1976 - Par. (2). Pub. L. 94-375 struck out "and" before cl. (C),

added cl. (D), and two provisos relating to the percentage of units

to be occupied by single persons and the priority to be given to

single persons who are elderly, handicapped, or displaced,

following cl. (D).

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.

Pub. L. 105-276, title V, Sec. 507(d), Oct. 21, 1998, 112 Stat.

2526, provided that: "The amendments under this section [amending

this section] are made on, and shall apply beginning upon, the date

of the enactment of this Act [Oct. 21, 1998]."

Pub. L. 105-276, title V, Sec. 508(c)(2), Oct. 21, 1998, 112

Stat. 2529, provided that: "The amendments made by this paragraph

[probably means this subsection, amending this section] are made

on, and shall apply beginning upon, the date of the enactment of

this Act [Oct. 21, 1998]."

Pub. L. 105-276, title V, Sec. 524(b), Oct. 21, 1998, 112 Stat.

2568, provided that: "The amendment made by this paragraph

[probably means this section, amending this section] is made on,

and shall apply beginning upon, the date of the enactment of this

Act [Oct. 21, 1998]."

EFFECTIVE AND TERMINATION DATES OF 1996 AMENDMENTS

Pub. L. 105-276, title V, Sec. 514(f), Oct. 21, 1998, 112 Stat.

2548, provided that: "Section 402 of The Balanced Budget

Downpayment Act, I [Pub. L. 104-99, see note below], and the

amendments made by such section shall cease to be effective on the

date of the enactment of this Act [Oct. 21, 1998]. Notwithstanding

the inclusion in this Act [see Tables for classification] of any

provision extending the effectiveness of such section or such

amendments, such provision included in this Act shall not take

effect."

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

Section 402(f) of Pub. L. 104-99, as amended by Pub. L. 104-204,

title II, Sec. 201(c)(2), Sept. 26, 1996, 110 Stat. 2893; Pub. L.

105-65, title II, Sec. 201(d)(2), Oct. 27, 1997, 111 Stat. 1364,

provided that: "This section [amending this section, sections 1437d

to 1437f, 1437n, 1437v, and 13615 of this title, and section 1701s

of Title 12, Banks and Banking, enacting provisions set out as

notes under this section and sections 1437 and 1437d of this title,

and amending provisions set out as a note under section 1437f of

this title] shall be effective upon the enactment of this Act [Jan.

26, 1996] and only for fiscal years 1996, 1997, and 1998."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 103(a)(3) of title I of Pub. L. 102-550 provided that:

"To the extent that the amendments made by paragraphs (1) and (2)

[amending this section] result in additional costs under this title

[see Tables for classification], such amendments shall be effective

only to the extent that amounts to cover such additional costs are

provided in advance in appropriation Acts."

Amendment by subtitles B through F of title VI [Secs. 621-685] of

Pub. L. 102-550 applicable upon expiration of 6-month period

beginning Oct. 28, 1992, except as otherwise provided, see section

13642 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 573(f) of Pub. L. 101-625 provided that: "The Secretary

shall issue regulations implementing subsections (a) and (d) [sic]

the amendments made by this section [amending this section] not

later than the expiration of the 90-day period beginning on the

date of the enactment of this Act [Nov. 28, 1990]. The regulations

may not take effect until after September 30, 1991."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 6 of Pub. L. 100-358 provided that: "The Secretary of

Housing and Urban Development may carry out programs to provide

lower income housing on Indian reservations and other Indian areas

only in accordance with the amendments made by this Act [enacting

sections 1437aa to 1437ee of this title, amending this section and

section 1437c of this title, and enacting provisions set out as a

note under section 1437 of this title], commencing on whichever of

the following occurs earlier:

"(1) Effective date of regulations. - The effective date of

regulations issued under section 205 of the United States Housing

Act of 1937 [former section 1437ee of this title].

"(2) 90 days. - The expiration of the 90-day period beginning

on the date of the enactment of this Act [June 29, 1988]."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, set out as an Effective Date note under

section 3701 of Title 12, Banks and Banking.

EFFECTIVE DATE OF 1979 AMENDMENT

Section 202(c) of Pub. L. 96-153, which provided that amendment

by section 202(a) of Pub. L. 96-153 (amending this section and

section 1437f of this title) shall become effective on Jan. 1,

1980, except that the amount of the tenant contribution required of

families whose occupancy of housing units assisted under this

chapter commenced prior to that date shall be determined in

accordance with the provisions of this chapter in effect on Dec.

31, 1979, so long as such occupancy was continuous thereafter, was

repealed by Pub. L. 97-35, title III, Sec. 322(h)(1), Aug. 13,

1981, 95 Stat. 404.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-557 effective Oct. 1, 1978, see section

206(h) of Pub. L. 95-557, set out as a note under section 1437c of

this title.

EFFECTIVE DATE

Section effective on such date or dates as the Secretary of

Housing and Urban Development shall prescribe, but not later than

eighteen months after Aug. 22, 1974, except that all of the

provisions of par. (1) shall become effective on the same date, see

section 201(b) of Pub. L. 93-383, set out as a note under section

1437 of this title.

The Department of Housing and Urban Development adopted an

interim rule, 24 CFR 860.409, Sept. 26, 1975, 40 F.R. 44326, which

provided: "The effective date of section 3(1) of the United States

Housing Act of 1937, as amended [par. (1) of this section], shall

be the date that these regulations [sections 860.401 to 860.409 of

Title 24, CFR] are published in the Federal Register (September 26,

1975)."

REGULATIONS

Section 402(b)(2) of Pub. L. 104-99 provided that:

"(A) In general. - The Secretary shall, by regulation, after

notice and an opportunity for public comment, establish such

requirements as may be necessary to carry out section 3(a)(2)(A) of

the United States Housing Act of 1937 [42 U.S.C. 1437a(a)(2)(A)],

as amended by paragraph (1).

"(B) Transition rule. - Prior to the issuance of final

regulations under paragraph (1), a public housing agency may

implement ceiling rents, which shall be not less than the monthly

costs to operate the housing of the agency and -

"(i) determined in accordance with section 3(a)(2)(A) of the

United States Housing Act of 1937, as that section existed on the

day before enactment of this Act [Jan. 26, 1996];

"(ii) equal to the 95th percentile of the rent paid for a unit

of comparable size by tenants in the same public housing project

or a group of comparable projects totaling 50 units or more; or

"(iii) equal to the fair market rent for the area in which the

unit is located."

[Section 402(b)(2) of Pub. L. 104-99, set out above, effective

Jan. 26, 1996, and only for fiscal years 1996, 1997, and 1998, and

to cease to be effective Oct. 21, 1998, see Effective and

Termination Dates of 1996 Amendments notes above.]

Section 191 of title I of Pub. L. 102-550 provided that: "The

Secretary of Housing and Urban Development shall issue any final

regulations necessary to implement the provisions of this title

[see Tables for classification] and the amendments made by this

title not later than the expiration of the 180-day period beginning

on the date of the enactment of this Act [Oct. 28, 1992], except as

expressly provided otherwise in this title and the amendments made

by this title. Such regulations shall be issued after notice and

opportunity for public comment 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)."

SAVINGS PROVISION

Pub. L. 105-276, title V, Sec. 508(b)(2), Oct. 21, 1998, 112

Stat. 2528, provided that: "Notwithstanding the amendment made by

paragraph (1) [amending this section], the provisions of the

undesignated paragraph at the end of section 3(c)(3) of the United

States Housing Act of 1937 [see 1998 and 1992 Amendment notes

above], as such section was in effect immediately before the

enactment of this Act [Oct. 21, 1998], shall continue to apply

until the effective date under section 503 of this Act [set out as

a note under section 1437 of this title]. Notwithstanding the

amendment made by subsection (a) of this section [amending this

section], nor the applicability under section 402(f) of The

Balanced Budget Downpayment Act, I [Pub. L. 104-99] (42 U.S.C.

1437a note) of the amendments made by such section 402 [see

Effective and Termination Dates of 1996 Amendments note set out

above], nor any repeal of such section 402(f), the provisions of

section 3(b)(5)(G) of the United States Housing Act of 1937 (42

U.S.C. 1437a(b)(5)(G)), as such section was in effect immediately

before the date of the enactment of this Act, shall continue to

apply until the effective date under section 503 of this Act."

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC2-

TRANSITIONAL CEILING RENTS

Pub. L. 105-276, title V, Sec. 519(d), Oct. 21, 1998, 112 Stat.

2561, provided that: "Notwithstanding section 3(a)(1) of the United

States Housing Act of 1937 (42 U.S.C. 1437a[(a)](1)), during the

period ending upon the later of the implementation of the formulas

established pursuant to subsections (d)(2) and (e)(2) of [section 9

of] such Act [42 U.S.C. 1437g(d)(2), (e)(2)] (as amended by this

section) and October 1, 1999, a public housing agency may take any

of the following actions with respect to public housing:

"(1) New provisions. - An agency may -

"(A) adopt and apply ceiling rents that reflect the

reasonable market value of the housing, but that are not less

than -

"(i) for housing other than housing predominantly for

elderly or disabled families (or both), 75 percent of the

monthly cost to operate the housing of the agency;

"(ii) for housing predominantly for elderly or disabled

families (or both), 100 percent of the monthly cost to

operate the housing of the agency; and

"(iii) the monthly cost to make a deposit to a replacement

reserve (in the sole discretion of the public housing

agency); and

"(B) allow families to pay ceiling rents referred to in

subparagraph (A), unless, with respect to any family, the

ceiling rent established under this paragraph would exceed the

amount payable as rent by that family under paragraph (1).

"(2) Ceiling rents from balanced budget act, I. - An agency may

utilize the authority under section 3(a)(2) of the United States

Housing Act of 1937 (42 U.S.C. 1437a(a)(2)), as in effect

immediately before the enactment of this Act [Oct. 21, 1998],

notwithstanding any amendment to such section made by this Act.

"(3) Transitional ceiling rents for balanced budget act, I. -

An agency may utilize the authority with respect to ceiling rents

under section 402(b)(2) of The Balanced Budget Downpayment Act, I

[Pub. L. 104-99] (42 U.S.C. 1437a note), notwithstanding any

other provision of law (including the expiration of the

applicability of such section or the repeal of such section)."

CERTAIN PAYMENTS MADE TO VICTIMS OF NAZI PERSECUTION DISREGARDED IN

DETERMINING ELIGIBILITY FOR AND AMOUNT OF NEED-BASED BENEFITS AND

SERVICES

Pub. L. 103-286, Sec. 1, Aug. 1, 1994, 108 Stat. 1450, provided

that:

"(a) In General. - Payments made to individuals because of their

status as victims of Nazi persecution shall be disregarded in

determining eligibility for and the amount of benefits or services

to be provided under any Federal or federally assisted program

which provides benefits or services based, in whole or in part, on

need.

"(b) Applicability. - Subsection (a) shall apply to

determinations made on or after the date of the enactment of this

Act [Aug. 1, 1994] with respect to payments referred to in

subsection (a) made before, on, or after such date.

"(c) Prohibition Against Recovery of Value of Excessive Benefits

or Services Provided Due to Failure to Take Account of Certain

Payments Made to Victims of Nazi Persecution. - No officer, agency,

or instrumentality of any government may attempt to recover the

value of excessive benefits or services provided before the date of

the enactment of this Act [Aug. 1, 1994] under any program referred

to in subsection (a) by reason of any failure to take account of

payments referred to in subsection (a).

"(d) Notice to Individuals Who May Have Been Denied Eligibility

for Benefits or Services Due to the Failure to Disregard Certain

Payments Made to Victims of Nazi Persecution. - Any agency of

government that has not disregarded payments referred to in

subsection (a) in determining eligibility for a program referred to

in subsection (a) shall make a good faith effort to notify any

individual who may have been denied eligibility for benefits or

services under the program of the potential eligibility of the

individual for such benefits or services.

"(e) Repayment of Additional Rent Paid Under HUD Housing Programs

Because of Failure to Disregard Reparation Payments. -

"(1) Authority. - To the extent that amounts are provided in

appropriation Acts for payments under this subsection, the

Secretary of Housing and Urban Development shall make payments to

qualified individuals in the amount determined under paragraph

(3).

"(2) Qualified individuals. - For purposes of this subsection,

the term 'qualified individual' means an individual who -

"(A) has received any payment because of the individual's

status as a victim of Nazi persecution;

"(B) at any time during the period beginning on February 1,

1993 and ending on April 30, 1993, resided in a dwelling unit

in housing assisted under any program for housing assistance of

the Department of Housing and Urban Development under which

rent payments for the unit were determined based on or taking

into consideration the income of the occupant of the unit;

"(C) paid rent for such dwelling unit for any portion of the

period referred to in subparagraph (B) in an amount determined

in a manner that did not disregard the payment referred to in

subparagraph (A); and

"(D) has submitted a claim for payment under this subsection

as required under paragraph (4).

The term does not include the successors, heirs, or estate of an

individual meeting the requirements of the preceding sentence.

"(3) Amount of payment. - The amount of a payment under this

subsection for a qualified individual shall be equal to the

difference between -

"(A) the sum of the amount of rent paid by the individual for

rental of the dwelling unit of the individual assisted under a

program for housing assistance of the Department of Housing and

Urban Development, for the period referred to in paragraph

(2)(B), and

"(B) the sum of the amount of rent that would have been

payable by the individual for rental of such dwelling unit for

such period if the payments referred to in paragraph (2)(A)

were disregarded in determining the amount of rent payable by

the individual for such period.

"(4) Submission of claims. - A payment under this subsection

for an individual may be made only pursuant to a written claim

for such payment by such individual submitted to the Secretary of

Housing and Urban Development in the form and manner required by

the Secretary before -

"(A) in the case of any individual notified by the Department

of Housing and Urban Development orally or in writing that such

specific individual is eligible for a payment under this

subsection, the expiration of the 6-month period beginning on

the date of receipt of such notice; and

"(B) in the case of any other individual, the expiration of

the 12-month period beginning on the date of the enactment of

this Act [Aug. 1, 1994]."

INAPPLICABILITY OF CERTAIN 1992 AMENDMENTS TO INDIAN PUBLIC HOUSING

Section 626 of Pub. L. 102-550 provided that: "The amendments

made by this subtitle [subtitle B (Secs. 621-626) of title VI of

Pub. L. 102-550, amending this section and sections 1437c to 1437f,

1437l, 1437o, 1438, and 8013 of this title] shall not apply with

respect to lower income housing developed or operated pursuant to a

contract between the Secretary of Housing and Urban Development and

an Indian housing authority."

BUDGET COMPLIANCE

Section 573(e) of Pub. L. 101-625 provided that: "The amendments

made by subsections (b) and (c) [amending this section] shall apply

only to the extent approved in appropriations Acts."

MEDIAN AREA INCOME

Section 567 of Pub. L. 100-242 provided that: "For purposes of

calculating the median income for any area that is not within a

metropolitan statistical area (as established by the Office of

Management and Budget) for programs under title I of the Housing

and Community Development Act of 1974 [42 U.S.C. 5301 et seq.], the

United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the

National Housing Act [12 U.S.C. 1701 et seq.], or title V of the

Housing Act of 1949 [42 U.S.C. 1471 et seq.], the Secretary of

Housing and Urban Development or the Secretary of Agriculture (as

appropriate) shall use whichever of the following is higher:

"(1) the median income of the county in which the area is

located; or

"(2) the median income of the entire nonmetropolitan area of

the State."

DETERMINATION OF RENT PAYABLE BY TENANTS OCCUPYING ASSISTED

HOUSING; DELAYED APPLICATION OR STAGED IMPLEMENTATION OF AMENDED

PROVISIONS

Section 206(d) of Pub. L. 98-181 provided that:

"(1) The following provisions of this paragraph apply to

determinations of the rent to be paid by or the contribution

required of a tenant occupying housing assisted under the

authorities amended by this section [amending this section] or

subsections (a) through (h) of section 322 of the Housing and

Community Development Amendments of 1981 [amending sections 1437 to

1437d, 1437f, 1437g, 1437i, 1437j, and 1437l of this title and

sections 1701s and 1715z-1 of Title 12, Banks and Banking, and

repealing provisions set out as notes under this section and

section 1701s of Title 12] (hereinafter referred to as 'assisted

housing') on or before the effective date of regulations

implementing this section:

"(A) Notwithstanding any other provision of this section or

subsections (a) through (h) of section 322 of the Housing and

Community Development Amendments of 1981, the Secretary of

Housing and Urban Development (hereinafter referred to as the

'Secretary') may provide for delayed applicability, or for staged

implementation, of the procedures for determining rents or

contributions, as appropriate, required by such provisions if the

Secretary determines that immediate application of such

procedures would be impracticable, would violate the terms of

existing leases, or would result in extraordinary hardship for

any class of tenants.

"(B) The Secretary shall provide that the rent or contribution,

as appropriate, required to be paid by a tenant shall not

increase as a result of the amendments made by this section and

subsections (a) through (h) of section 322 of the Housing and

Community Development Amendments of 1981, and as a result of any

other provision of Federal law or regulation, by more than 10 per

centum during any twelve-month period, unless the increase above

10 per centum is attributable to increases in income which are

unrelated to such amendments, law, or regulation.

"(2) Tenants of assisted housing other than those referred to in

paragraph (1) shall be subject to immediate rent payment or

contribution determinations in accordance with applicable law and

without regard to the provisions of paragraph (1), but the

Secretary shall provide that the rent or contribution payable by

any such tenant who is occupying assisted housing on the effective

date of any provision of Federal law or regulation shall not

increase, as a result of any such provision of Federal law or

regulation, by more than 10 per centum during any twelve-month

period, unless the increase above 10 per centum is attributable to

increases in income which are unrelated to such law or regulation.

"(3) In the case of tenants receiving rental assistance under

section 521(a)(1) of the Housing Act of 1949 [section 1490a(a)(1)

of this title] on the effective date of this section [Nov. 30,

1983] whose assistance is converted to assistance under section 8

of the United States Housing Act of 1937 [section 1437f of this

title] on or after such date, the Secretary shall provide that the

rent or contribution payable by any such tenant shall not increase,

as a result of such conversion, by more than 10 per centum during

any twelve-month period, unless the increase above 10 per centum is

attributable to increases in income which are unrelated to such

conversion or to any provision of Federal law or regulation.

"(4)(A) Notwithstanding any other provision of law, in the case

of the conversion of any assistance under section 101 of the

Housing and Urban Development Act of 1965 [12 U.S.C. 1701s],

section 236(f)(2) of the National Housing Act [12 U.S.C.

1715z-1(f)(2)], or section 23 of the United States Housing Act of

1937 [section 1421b of this title] (as in effect before the date of

the enactment of the Housing and Community Development Act of 1974

[Aug. 22, 1974]) to assistance under section 8 of the United States

Housing Act of 1937, any increase in rent payments or contributions

resulting from such conversion, and from the amendments made by

this section of any tenant benefiting from such assistance who is

sixty-two years of age or older may not exceed 10 per centum per

annum.

"(B) In the case of any such conversion of assistance occurring

on or after October 1, 1981, and before the date of the enactment

of this section [Nov. 30, 1983], the rental payments due after such

date of enactment by any tenant benefiting from such assistance who

was sixty-two years of age or older on the date of such conversion

shall be computed as if the tenant's rental payment or contribution

had, on the date of conversion, been the lesser of the actual

rental payment or contribution required, or 25 per centum of the

tenant's income.

"(5) The limitations on increases in rent contained in paragraphs

(1)(B), (2), (3), and (4) shall remain in effect and may not be

changed or superseded except by another provision of law which

amends this subsection.

"(6) As used in this subsection, the term 'contribution' means an

amount representing 30 per centum of a tenant's monthly adjusted

income, 10 per centum of the tenant's monthly income, or the

designated amount of welfare assistance, whichever amount is used

to determine the monthly assistance payment for the tenant under

section 3(a) of the United States Housing Act of 1937 [subsec. (a)

of this section].

"(7) The provisions of subsections (a) through (h) of section 322

of the Housing and Community Development Amendments of 1981 shall

be implemented and fully applicable to all affected tenants no

later than five years following the date of enactment of such

amendments [Aug. 13, 1981], except that the Secretary may extend

the time for implementation if the Secretary determines that full

implementation would result in extraordinary hardship for any class

of tenants."

Prior provisions for determining rent payable by tenants

occupying assisted housing under and authorizing delayed

application or staged implementation of provisions amended by

section 322 of Pub. L. 97-35 were contained in Pub. L. 97-35, title

III, Sec. 322(i), Aug. 13, 1981, 95 Stat. 404, which was repealed

by Pub. L. 98-181, title II, Sec. 206(e), Nov. 30, 1983, 97 Stat.

1181.

ESTABLISHMENT OF INCREASED MONTHLY RENTAL CHARGE FOR FAMILY

OCCUPYING LOW-INCOME HOUSING UNIT; ADJUSTMENT FACTORS

Section 202 of Pub. L. 93-383 provided that: "To the extent that

section 3(1) of the United States Housing Act of 1937, as amended

by section 201(a) of this Act [par. (1) of this section], would

require the establishment of an increased monthly rental charge for

any family which occupies a low-income housing unit as of the

effective date of such section 3(1) (other than by reason of the

provisions relating to welfare assistance payments) [see Effective

Date note set out above], the required adjustment shall be made, in

accordance with regulations of the Secretary, as follows: (A) the

first adjustment shall not exceed $5 and shall become effective as

of the month following the month of the first review of the

family's income pursuant to section 6(c)(2) of such Act [section

1437d(c)(2) of this title] which occurs at least six months after

the effective date of such section 3(1), and (B) subsequent

adjustments, each of which shall not exceed $5, shall be made at

six-month intervals over whatever period is necessary to effect the

full required increase in the family's rental charge."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 247b-16, 254b, 254e,

280g, 503, 1436a, 1437f, 1437j, 1437r, 1437s, 1437z-3, 1437z-7,

1437aaa-3, 1437bbb-4, 1471, 1486, 3544, 4851b, 5305, 8011, 8012,

8013, 9907, 11386, 11395, 11403e-2, 11403g, 12704, 12876, 12896,

12899d, 12899f, 12910, 13617, 13641, 13661, 13664 of this title;

title 12 sections 1441a, 1701q, 1701u, 1701z-11, 1715z-1a,

1715z-1c, 1715z-9, 1715z-15, 1831q, 4119, 4125; title 20 section

1070a-22; title 38 section 1705.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "or".

(!3) So in original. The comma probably should be a semicolon.

(!4) So in original. Probably should be "assistance under".

(!5) So in original. Probably should be paragraph "(3)(A)(ii)".

(!6) So in original. The comma probably should be a semicolon.

(!7) See References in Text notes below.

-End-

-CITE-

42 USC Sec. 1437a-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING

-HEAD-

Sec. 1437a-1. Repealed. Pub. L. 105-276, title V, Sec. 582(a)(1),

Oct. 21, 1998, 112 Stat. 2643

-MISC1-

Section, Pub. L. 101-625, title V, Sec. 519, Nov. 28, 1990, 104

Stat. 4202, authorized public housing rent waiver for police

officers. See section 1437a(a)(4) of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective and applicable beginning upon Oct. 1, 1999,

except as otherwise provided, with provision that Secretary may

implement the repeal before such date, and with savings provision,

see section 503 of Pub. L. 105-276, set out as an Effective Date of

1998 Amendment note under section 1437 of this title.

-End-

-CITE-

42 USC Sec. 1437b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING

-HEAD-

Sec. 1437b. Loans and commitments to make loans for low-income

housing projects

-STATUTE-

(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.

(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) of this section 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) of this section, 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) of this

section 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.

-SOURCE-

(Sept. 1, 1937, ch. 896, title I, Sec. 4, as added Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 656; amended Pub. L.

97-35, title III, Sec. 322(c), Aug. 13, 1981, 95 Stat. 402; Pub. L.

98-479, title II, Sec. 203(b)(1), Oct. 17, 1984, 98 Stat. 2229;

Pub. L. 99-272, title III, Sec. 3004, Apr. 7, 1986, 100 Stat. 102;

renumbered title I, Pub. L. 100-358, Sec. 5, June 29, 1988, 102

Stat. 681; Pub. L. 101-625, title V, Sec. 572(2), Nov. 28, 1990,

104 Stat. 4236.)

-MISC1-

PRIOR PROVISIONS

A 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. 93-383.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-625 substituted "low-income

housing" for "lower income housing" wherever appearing.

1986 - Subsec. (c). Pub. L. 99-272 added subsec. (c).

1984 - Subsec. (b). Pub. L. 98-479 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. 97-35 substituted reference to lower

income for reference to low-income in two places.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, 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 GRANTS

Pub. L. 99-500, Sec. 101(g) [H.R. 5313, title I], Oct. 18, 1986,

100 Stat. 1783-242, and Pub. L. 99-591, Sec. 101(g) [H.R. 5313,

title I], Oct. 30, 1986, 100 Stat. 3341-242; Pub. L. 100-202, Sec.

106, Dec. 22, 1987, 101 Stat. 1329-433, 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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437c, 1437q of this

title.

-End-

-CITE-

42 USC Sec. 1437c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING

-HEAD-

Sec. 1437c. Contributions for low-income housing projects

-STATUTE-

(a) Contract authorization; amounts; use as security for

obligations of public housing agency; use of existing structures

(1) The Secretary may make annual contributions to public housing

agencies to assist in achieving and maintaining the lower income

character of their projects. The Secretary shall embody the

provisions for such annual contributions in a contract guaranteeing

their payment. The contribution payable annually under this section

shall in no case exceed a sum equal to the annual amount of

principal and interest payable on obligations issued by the public

housing agency to finance the development or acquisition cost of

the lower income project involved. Annual contributions payable

under this section shall be pledged, if the Secretary so requires,

as security for obligations issued by a public housing agency to

assist the development or acquisition of the project to which

annual contributions relate and shall be paid over a period not to

exceed 40 years.

(2) The Secretary may make contributions (in the form of grants)

to public housing agencies to cover the development cost of public

housing projects. The contract under which such contributions shall

be made shall specify the amount of capital contributions required

for each project to which the contract pertains, and that the terms

and conditions of such contract shall remain in effect for a

40-year period.

(3) The amount of contributions that would be established for a

newly constructed project by a public housing agency designed to

accommodate a number of families of a given size and kind may be

established under this section for a project by such public housing

agency that would provide housing for the comparable number, sizes,

and kinds of families through the acquisition and rehabilitation,

or use under lease, of structures that are suitable for low-income

housing use and obtained in the local market.

(b) Maximum amount of contributions; regulations; criteria for

rates of contribution

The Secretary may prescribe regulations fixing the maximum

contributions available under different circumstances, giving

consideration to cost, location, size, rent-paying ability of

prospective tenants, or other factors bearing upon the amounts and

periods of assistance needed to achieve and maintain low rentals.

Such regulations may provide for rates of contribution based upon

development, acquisition, or operation costs, number of dwelling

units, number of persons housed, interest charges, or other

appropriate factors.

for preliminary loans; payments of annual contributions;

limitations on specific authorities

(1) The Secretary may enter into contracts for annual

contributions aggregating not more than $7,875,049,000 per annum,

which amount shall be increased by $1,494,400,000 on October 1,

1980, and by $906,985,000 on October 1, 1981. The additional

authority to enter into such contracts provided on or after October

1, 1980, shall be effective only in such amounts as may be approved

in appropriation Acts. In addition, the aggregate amount which may

be obligated over the duration of the contracts may not exceed

$31,200,000,000 with respect to the additional authority provided

on October 1, 1980, and $18,087,370,000 with respect to the

additional authority provided on October 1, 1981.

(2) The Secretary shall enter into only such new contracts for

preliminary loans as are consistent with the number of dwelling

units for which contracts for annual contributions may be entered

into.

(3) The full faith and credit of the United States is solemnly

pledged to the payment of all annual contributions contracted for

pursuant to this section, and there are hereby authorized to be

appropriated in each fiscal year, out of any money in the Treasury

not otherwise appropriated, the amounts necessary to provide for

such payments.

(4) All payments of annual contributions pursuant to this section

shall be made out of any funds available for purposes of this

chapter when such payments are due, except that funds obtained

through the issuance of obligations pursuant to section 1437b(b) of

this title (including repayments or other realizations of the

principal of loans made out of such funds) shall not be available

for the payment of such annual contributions.

(5) During such period as the Secretary may prescribe for

starting construction, the Secretary may approve the conversion of

public housing development authority for use under section 1437g of

this title or for use for the acquisition and rehabilitation of

property to be used in public housing, if the public housing

agency, after consultation with the unit of local government,

certifies that such assistance would be more effectively used for

such purpose, and if the total number of units assisted will not be

less than 90 per centum of the units covered by the original

reservation.

(6) The aggregate amount of budget authority which may be

obligated for contracts for annual contributions and for grants

under section 1437o of this title is increased by $9,912,928,000 on

October 1, 1983, and by such sums as may be approved in

appropriation Acts on October 1, 1984. The aggregate amount of

budget authority that may be obligated for contracts for annual

contributions for assistance under section 1437f of this title, for

contracts referred to in paragraphs (7)(A)(iv) and (7)(B)(iv), for

grants for public housing, for comprehensive improvement

assistance, and for amendments to existing contracts, is increased

(to the extent approved in appropriation Acts) by $7,167,000,000 on

October 1, 1987, and by $7,300,945,000 on October 1, 1988. The

aggregate amount of budget authority that may be obligated for

assistance referred to in paragraph (7) is increased (to the extent

approved in appropriation Acts) by $16,194,000,000 on October 1,

1990, and by $14,709,400,000 on October 1, 1991. The aggregate

amount of budget authority that may be obligated for assistance

referred to in paragraph (7) is increased (to the extent approved

in appropriation Acts) by $14,710,990,520 on October 1, 1992, and

by $15,328,852,122 on October 1993.

(7)(A) Using the additional budget authority provided under

paragraph (6) and the balances of budget authority that become

available during fiscal year 1993, the Secretary shall, to the

extent approved in appropriation Acts, reserve authority to enter

into obligations aggregating -

(i) for public housing grants under subsection (a)(2) of this

section, not more than $830,900,800, of which amount not more

than $257,320,000 shall be available for Indian housing;

(ii) for assistance under section 1437f of this title, not more

than $1,977,662,720, of which $20,000,000 shall be available for

15-year contracts for project-based assistance to be used for a

multicultural tenant empowerment and homeownership project

located in the District of Columbia, except that assistance

provided for such project shall not be considered for purposes of

the percentage limitations under section 1437f(i)(2) of this

title; except that not more than 49 percent of any amounts

appropriated under this clause may be used for vouchers under

section 1437f(o) of this title;

(iii) for comprehensive improvement assistance grants under

section 1437l(k) of this title, not more than $3,100,000,000;

(iv) for assistance under section 1437f of this title for

property disposition, not more than $93,032,000;

(v) for assistance under section 1437f of this title for loan

management, not more than $202,000,000;

(vi) for extensions of contracts expiring under section 1437f

of this title, not more than $6,746,135,000, which shall be for

5-year contracts for assistance under section 1437f of this title

and for loan management assistance under such section;

(vii) for amendments to contracts under section 1437f of this

title, not more than $1,350,000,000;

(viii) for public housing lease adjustments and amendments, not

more than $83,055,000;

(ix) for conversions from leased housing contracts under

section 1421b of this title (as in effect immediately before

August 22, 1974) to assistance under section 1437f of this title,

not more than $12,767,000; and

(x) for grants under section 1437v of this title for

revitalization of severely distressed public housing, not more

than $300,000,000.

(B) Using the additional budget authority provided under

paragraph (6) and the balances of budget authority that become

available during fiscal year 1994, the Secretary shall, to the

extent approved in appropriation Acts, reserve authority to enter

into obligations aggregating -

(i) for public housing grants under subsection (a)(2) of this

section, not more than $865,798,634, of which amount not more

than $268,127,440 shall be available for Indian housing;

(ii) for assistance under section 1437f of this title, not more

than $2,060,724,554, of which $20,000,000 shall be available for

15-year contracts for project-based assistance to be used for a

multicultural tenant empowerment and homeownership project

located in the District of Columbia, except that assistance

provided for such project shall not be considered for purposes of

the percentage limitations under section 1437f(i)(2) of this

title; except that not more than 49 percent of any amounts

appropriated under this clause may be used for vouchers under

section 1437f(o) of this title;

(iii) for comprehensive improvement assistance grants under

section 1437l(k) of this title, not more than $3,230,200,000;

(iv) for assistance under section 1437f of this title for

property disposition, not more than $96,939,344;

(v) for assistance under section 1437f of this title for loan

management, not more than $210,484,000;

(vi) for extensions of contracts expiring under section 1437f

of this title, not more than $7,029,472,670, which shall be for

5-year contracts for assistance under section 1437f of this title

and for loan management assistance under such section;

(vii) for amendments to contracts under section 1437f of this

title, not more than $1,406,700,000;

(viii) for public housing lease adjustments and amendments, not

more than $86,543,310;

(ix) for conversions from leased housing contracts under

section 1421b of this title (as in effect immediately before

August 22, 1974) to assistance under section 1437f of this title,

not more than $13,303,214; and

(x) for grants under section 1437v of this title for

revitalization of severely distressed public housing, not more

than $312,600,000.

(C)(i) Any amount available for the conversion of a project to

assistance under section 1437f(b)(1) of this title, if not required

for such purpose, shall be used for assistance under section

1437f(b)(1) of this title.

(ii) Any amount available for assistance under section 1437f of

this title for property disposition, if not required for such

purpose, shall be used for assistance under section 1437f(b)(1) of

this title.

(8) Any amount available for Indian housing under subsection (a)

of this section that is recaptured shall be used only for such

housing.

(d) Scope of contracts for loans or annual contributions

Any contract for loans or annual contributions, or both, entered

into by the Secretary with a public housing agency, may cover one

or more than one low-income housing project owned by such public

housing agency; in the event the contract covers two or more

projects, such projects may, for any of the purposes of this

chapter and of such contract (including, but not limited to, the

determination of the amount of the loan, annual contributions, or

payments in lieu of taxes, specified in such contract), be treated

collectively as one project.

(e) Local determination of need as prerequisite for contracts for

preliminary loans, and contracts for loans or annual

contributions; notice

In recognition that there should be local determination of the

need for low-income housing to meet needs not being adequately met

by private enterprise -

(1) the Secretary shall not make any contract with a public

housing agency for preliminary loans (all of which shall be

repaid out of any moneys which become available to such agency

for the development of the projects involved) for surveys and

planning in respect to any low-income housing projects (i) unless

the governing body of the locality involved has by resolution

approved the application of the public housing agency for such

preliminary loan; and (ii) unless the public housing agency has

demonstrated to the satisfaction of the Secretary that there is

need for such low-income housing which is not being met by

private enterprise; and

(2) the Secretary shall not make any contract for loans (other

than preliminary loans) or for contributions pursuant to this

chapter unless the governing body of the locality involved has

entered into an agreement with the public housing agency

providing for the local cooperation required by the Secretary

pursuant to this chapter; the Secretary shall require that each

such agreement shall provide that, notwithstanding any order,

judgment, or decree of any court (including any settlement

order), before making any amounts that are provided pursuant to

any contract for contributions under this subchapter available

for use for the development of any housing or other property not

previously used as public housing, the public housing agency

shall (A) notify the chief executive officer (or other

appropriate official) of the unit of general local government in

which the public housing for which such amounts are to be so used

is located (or to be located) of such use, and (B) pursuant to

the request of such unit of general local government, provide

such information as may reasonably be requested by such unit of

general local government regarding the public housing to be so

assisted (except to the extent otherwise prohibited by law).

(f) Modification by Secretary of terms of contracts, etc.;

limitations; amendment or supersedure of contracts for annual

contributions or loans

Subject to the specific limitations or standards in this chapter

governing the terms of sales, rentals, leases, loans, contracts for

annual contributions, or other agreements, the Secretary may,

whenever he deems it necessary or desirable in the fulfillment of

the purposes of this chapter, consent to the modification, with

respect to rate of interest, time of payment of any installment of

principal or interest, security, amount of annual contribution, or

any other term, of any contract or agreement of any kind to which

the Secretary is a party. When the Secretary finds that it would

promote economy or be in the financial interest of the Federal

Government or is necessary to assure or maintain the lower income

character of the project or projects involved, any contract

heretofore or hereafter made for annual contributions, loans, or

both, may be amended or superseded by a contract entered into by

mutual agreement between the public housing agency and the

Secretary. Contracts may not be amended or superseded in a manner

which would impair the rights of the holders of any outstanding

obligations of the public housing agency involved for which annual

contributions have been pledged. Any rule of law contrary to this

provision shall be deemed inapplicable.

(g) Pledge of annual contributions as guarantee of payment of

obligations issued by public housing agency; exception

In addition to the authority of the Secretary under subsection

(a) of this section to pledge annual contributions as security for

obligations issued by a public housing agency, the Secretary is

authorized to pledge annual contributions as a guarantee of payment

by a public housing agency of all principal and interest on

obligations issued by it to assist the development or acquisition

of the project to which the annual contributions relate, except

that no obligation shall be guaranteed under this subsection if the

income thereon is exempt from Federal taxation.

(h) Audits

(1) By Secretary and Comptroller General

Each contract for contributions for any assistance under this

chapter to a public housing agency shall provide that the

Secretary, the Inspector General of the Department of Housing and

Urban Development, and the Comptroller General of the United

States, or any of their duly authorized representatives, shall,

for the purpose of audit and examination, have access to any

books, documents, papers, and records of the public housing

agency that are pertinent to this chapter and to its operations

with respect to financial assistance under the this (!1) chapter.

(2) Withholding of amounts for audits under Single Audit Act

The Secretary may, in the sole discretion of the Secretary,

arrange for and pay the costs of an audit required under chapter

75 of title 31. In such circumstances, the Secretary may

withhold, from assistance otherwise payable to the agency under

this chapter, amounts sufficient to pay for the reasonable costs

of conducting an acceptable audit, including, when appropriate,

the reasonable costs of accounting services necessary to place

the agency's books and records in auditable condition. As agreed

to by the Secretary and the Inspector General, the Inspector

General may arrange for an audit under this paragraph.

(i) Prohibition on use of funds

None of the funds made available to the Department of Housing and

Urban Development to carry out this chapter, which are obligated to

State or local governments, public housing agencies, housing

finance agencies, or other public or quasi-public housing agencies,

shall be used to indemnify contractors or subcontractors of the

government or agency against costs associated with judgments of

infringement of intellectual property rights.

-SOURCE-

(Sept. 1, 1937, ch. 896, title I, Sec. 5, as added Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 656; amended Pub. L.

94-375, Sec. 2(a), (b), Aug. 3, 1976, 90 Stat. 1067; Pub. L. 95-24,

title I, Sec. 101(a), Apr. 30, 1977, 91 Stat. 55; Pub. L. 95-128,

title II, Sec. 201(a), (b), Oct. 12, 1977, 91 Stat. 1128; Pub. L.

95-557, title II, Sec. 206(a), (b), Oct. 31, 1978, 92 Stat. 2091;

Pub. L. 95-619, title II, Sec. 251(a), Nov. 9, 1978, 92 Stat. 3235;

Pub. L. 96-153, title II, Sec. 201(a), (b), Dec. 21, 1979, 93 Stat.

1105; Pub. L. 96-399, title II, Secs. 201(a), 210, Oct. 8, 1980, 94

Stat. 1624, 1636; Pub. L. 97-35, title III, Secs. 321(a)-(c),

322(c), Aug. 13, 1981, 95 Stat. 398, 402; Pub. L. 98-181, title II,

Sec. 201(b), Nov. 30, 1983, 97 Stat. 1176; Pub. L. 100-242, title

I, Secs. 101, 112(a), (b)(1), 113-115, Feb. 5, 1988, 101 Stat.

1820, 1823-1825; renumbered title I and amended Pub. L. 100-358,

Secs. 3, 5, June 29, 1988, 102 Stat. 680, 681; Pub. L. 101-625,

title IV, Sec. 417(a), title V, Secs. 571, 572(2), Nov. 28, 1990,

104 Stat. 4161, 4235, 4236; Pub. L. 102-550, title I, Secs. 101,

111(a), title VI, Sec. 624, Oct. 28, 1992, 106 Stat. 3681, 3687,

3819; Pub. L. 104-19, title I, Sec. 1002(c), July 27, 1995, 109

Stat. 236; Pub. L. 104-330, title V, Sec. 501(b)(2), Oct. 26, 1996,

110 Stat. 4042; Pub. L. 105-276, title V, Secs. 510, 518(a)(1),

(b), 522(b)(1), 566, Oct. 21, 1998, 112 Stat. 2531, 2551, 2564,

2632.)

-REFTEXT-

REFERENCES IN TEXT

Section 1437o of this title, referred to in subsec. (c)(6), was

repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990,

104 Stat. 4128.

Section 1437l of this title, referred to in subsec.

(c)(7)(A)(iii), (B)(iii), was repealed by Pub. L. 105-276, title V,

Sec. 522(a), Oct. 21, 1998, 112 Stat. 2564.

Section 1421b of this title, referred to in subsec.

(c)(7)(A)(ix), (B)(ix), was omitted in the general revision of this

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

Stat. 653.

The Single Audit Act, referred to in subsec. (h)(2) heading,

probably means the Single Audit Act of 1984, Pub. L. 98-502, Oct.

19, 1984, 98 Stat. 2327, which is classified generally to chapter

75 (Sec. 7501 et seq.) of Title 31, Money and Finance. For complete

classification of this Act to the Code, see Short Title note set

out under section 7501 of Title 31 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 5 of act Sept. 1, 1937, ch. 896, 50 Stat. 890, as

amended, enumerated miscellaneous powers and functions of the

Authority and was classified to section 1405 of this title, prior

to the general revision of this chapter by Pub. L. 93-383.

AMENDMENTS

1998 - Subsec. (c)(5). Pub. L. 105-276, Sec. 522(b)(1),

substituted "for use under section 1437g of this title" for "for

use under section 1437l of this title".

Subsec. (e)(2). Pub. L. 105-276, Sec. 518(b), inserted before

period at end "; the Secretary shall require that each such

agreement shall provide that, notwithstanding any order, judgment,

or decree of any court (including any settlement order), before

making any amounts that are provided pursuant to any contract for

contributions under this subchapter available for use for the

development of any housing or other property not previously used as

public housing, the public housing agency shall (A) notify the

chief executive officer (or other appropriate official) of the unit

of general local government in which the public housing for which

such amounts are to be so used is located (or to be located) of

such use, and (B) pursuant to the request of such unit of general

local government, provide such information as may reasonably be

requested by such unit of general local government regarding the

public housing to be so assisted (except to the extent otherwise

prohibited by law)".

Subsec. (h). Pub. L. 105-276, Sec. 566, added subsec. (h).

Pub. L. 105-276, Sec. 518(a)(1)(A), struck out subsec. (h) which

read as follows: "Notwithstanding any other provision of law, a

public housing agency may sell a low-income housing project to its

lower income tenants, on such terms and conditions as the agency

may determine, without affecting the Secretary's commitment to pay

annual contributions with respect to that project, but such

contributions shall not exceed the maximum contributions authorized

under subsection (a) of this section."

Subsec. (i). Pub. L. 105-276, Sec. 518(a)(1), redesignated

subsec. (l) as (i) and struck out former subsec. (i) which read as

follows: "In entering into contracts for assistance with respect to

newly constructed or substantially rehabilitated projects under

this section (other than for projects assisted pursuant to section

1437f of this title), the Secretary shall require the installation

of a passive or active solar energy system in any such project

where the Secretary determines that such installation would be cost

effective over the estimated life of the system."

Subsecs. (j), (k). Pub. L. 105-276, Sec. 518(a)(1)(A), struck out

subsecs. (j) and (k), which had: in subsec. (j), placed conditions

upon reservation of funds for development of public housing after

Sept. 30, 1987, and placed limitations on amounts used for

redesign, reconstruction, redevelopment, or operational improvement

of existing projects, but directed that not less than 5 percent of

certain amounts appropriated in fiscal years 1993 and 1994 be

reserved for public housing projects designated for elderly or

disabled families; and in subsec. (k), prohibited recapture of

amounts of public housing development funds reserved to a public

housing agency for failure to begin construction or rehabilitation,

or to complete acquisition, during 30-month period following date

of reservation.

Subsec. (l). Pub. L. 105-276, Sec. 518(a)(1)(B), redesignated

subsec. (l) as (i).

Pub. L. 105-276, Sec. 510, added subsec. (l).

1996 - Subsec. (j)(1). Pub. L. 104-330, Sec. 501(b)(2)(A), struck

out "(other than for Indian families)" after "for public housing"

in introductory provisions.

Subsec. (l). Pub. L. 104-330, Sec. 501(b)(2)(B), struck out

subsec. (l) which read as follows: "The Secretary may not use as a

criterion for distributing assistance under this section the

progress made by an Indian public housing agency in collecting

rents owed by tenants unless -

"(1) such criterion is used as 1 of several criteria that are

weighted proportionally and is established by regulations issued

after public notice and opportunity to comment in accordance with

section 553 of title 5; or

"(2) the Secretary determines that the Indian public housing

agency has demonstrated a pattern of substantial noncompliance

with requirements governing the collection of rents."

1995 - Subsec. (h). Pub. L. 104-19 struck out at end "Any such

sale shall be subject to the restrictions contained in section

1437aaa-3(g) of this title."

1992 - Subsec. (c)(6). Pub. L. 102-550, Sec. 101(a), inserted at

end "The aggregate amount of budget authority that may be obligated

for assistance referred to in paragraph (7) is increased (to the

extent approved in appropriation Acts) by $14,710,990,520 on

October 1, 1992, and by $15,328,852,122 on October 1993."

Subsec. (c)(7)(A), (B). Pub. L. 102-550, Sec. 101(b), added

subpars. (A) and (B) and struck out former subpars. (A) and (B)

which directed Secretary to reserve authority to enter into certain

obligations aggregating specified amounts using par. (6) budget

authority and balances of such authority available in fiscal years

1991 and 1992.

Subsec. (j)(1)(D). Pub. L. 102-550, Sec. 624(c)(1), which

directed the striking of "and" at end, was executed by striking

"or" at end to reflect the probable intent of Congress.

Subsec. (j)(1)(E). Pub. L. 102-550, Sec. 624(c)(3), which

directed amendment of subsec. (j)(1) by adding at the end a new

subpar. (E), was executed by adding subsec. (E) after subpar. (D)

to reflect the probable intent of Congress. Former subpar. (E)

redesignated (F).

Subsec. (j)(1)(F). Pub. L. 102-550, Sec. 624(c)(2), redesignated

subpar. (E) as (F).

Subsec. (j)(2). Pub. L. 102-550, Sec. 624(a), added subpar. (G).

Pub. L. 102-550, Sec. 111(a), amended par. (2) generally. Prior

to amendment, par. (2) read as follows: "Notwithstanding any other

provision of law, not more than 20 percent of the funds

appropriated for development of public housing also may be

committed by the Secretary for the substantial redesign,

reconstruction, or redevelopment of existing public housing

projects or units, which work shall be carried out pursuant to the

rules and regulations applicable to the development of public

housing."

Subsec. (j)(3). Pub. L. 102-550, Sec. 624(b), added par. (3).

1990 - Subsec. (a)(3). Pub. L. 101-625, Sec. 572(2), substituted

"low-income housing" for "lower income housing".

Subsec. (c)(6). Pub. L. 101-625, Sec. 571(a), inserted at end

"The aggregate amount of budget authority that may be obligated for

assistance referred to in paragraph (7) is increased (to the extent

approved in appropriation Acts) by $16,194,000,000 on October 1,

1990, and by $14,709,400,000 on October 1, 1991."

Subsec. (c)(7)(A), (B). Pub. L. 101-625, Sec. 571(b), amended

subpars. (A) and (B) generally, substituting present provisions for

provisions directing Secretary to reserve authority to enter into

certain obligations aggregating specified amounts using par. (6)

budget authority and balances of such authority available in fiscal

years 1988 and 1989.

Subsecs. (d), (e). Pub. L. 101-625, Sec. 572(2), substituted

"low-income housing" for "lower income housing" wherever appearing.

Subsec. (h). Pub. L. 101-625, Sec. 572(2), substituted

"low-income housing" for "lower income housing".

Pub. L. 101-625, Sec. 417(a), inserted at end "Any such sale

shall be subject to the restrictions contained in section

1437aaa-3(g) of this title."

1988 - Pub. L. 100-242, Sec. 112(b)(1)(A), substituted

"Contributions" for "Annual contributions" in section catchline.

Subsec. (a). Pub. L. 100-242, Sec. 112(a), amended subsec. (a)

generally, revising and restating as pars. (1) to (3) provisions

formerly contained in a single unnumbered par.

Subsec. (c)(6). Pub. L. 100-242, Sec. 101(a), inserted sentence

at end providing for increases on Oct. 1, 1987, and Oct. 1, 1988,

of aggregate amount of budget authority that may be obligated for

specified purposes.

Subsec. (c)(7). Pub. L. 100-242, Sec. 101(b), amended par. (7)

generally, substituting provisions relating to Secretary's

authority to enter into obligations under this section for fiscal

years 1988 and 1989, for provisions relating to Secretary's

authority for fiscal years 1984 and 1985 and substituting

provisions whereby amounts available for conversion of project to

assistance under section 1437f(b)(1) of this title and amounts

available for assistance under section 1437f for property

disposition, if not required for such purpose, shall be used for

assistance under section 1437f(b)(1) of this title, for provisions

wherein specific authorities under this paragraph would be subject

to adjustments under par. (5) of this subsection.

Subsec. (c)(8). Pub. L. 100-358, Sec. 3, added par. (8).

Subsec. (e)(2). Pub. L. 100-242, Sec. 112(b)(1)(B), struck out

"annual" before "contributions".

Subsecs. (j) to (l). Pub. L. 100-242, Secs. 113-115, added

subsecs. (j) to (l).

1983 - Subsec. (c)(1). Pub. L. 98-181, Sec. 201(b)(1), struck out

concluding provision requiring the Secretary, in utilizing the

additional authority to enter into contracts on and after Oct. 1,

1980, to administer the authorized programs to provide assistance,

to the maximum extent practicable, consistent with section 1439(d)

of this title.

Subsec. (c)(2). Pub. L. 98-181, Sec. 201(b)(2), redesignated par.

(4) as (2), and struck out former par. (2) which from funds made

available on Oct. 1, 1980, had required at least $100,000,000 be

available for section 1437l projects, and from remaining difference

limited use of funds to 37.5 and 62.5 per centum for existing

section 1437f projects and for newly constructed and substantially

rehabilitated units.

Subsec. (c)(3). Pub. L. 98-181, Sec. 201(b)(2), redesignated par.

(5) as (3), and struck out former par. (3) which from funds made

available on Oct. 1, 1981, had required at least $75,000,000 be

available for section 1437l projects, from remaining difference

allocated sums as provided in section 1439(d) for different

community and area uses, and from remaining difference required the

accommodation of preferences of units of local government based on

stated factors.

Subsec. (c)(4). Pub. L. 98-181, Sec. 201(b)(2), redesignated par.

(6) as (4). Former par. (4) redesignated (2).

Subsec. (c)(5) to (7). Pub. L. 98-181, Sec. 201(b)(3), added

pars. (5) to (7). Former pars. (5) and (6) redesignated (3) and

(4), respectively.

1981 - Subsec. (a). Pub. L. 97-35, Sec. 322(c), substituted

references to lower income for references to low-income wherever

appearing.

Subsec. (c). Pub. L. 97-35, Sec. 321(a)-(c), in par. (1) inserted

provisions relating to increases on Oct. 1, 1981, and amount

respecting additional authority as of Oct. 1, 1981, added par. (3),

and redesignated former pars. (3) to (5) as (4) to (6),

respectively.

Subsecs. (d) to (f), (h). Pub. L. 97-35, Sec. 322(c), substituted

references to lower income for references to low-income wherever

appearing.

1980 - Subsec. (c). Pub. L. 96-399, Sec. 201(a), redesignated

existing provisions as par. (1), among other changes, substituted

provisions relating to the discretionary power of the Secretary to

enter into contracts for annual contributions for provisions

authorizing the Secretary to enter into such contracts, deleted

references to contributions for assistance to Indian tribes, and

added pars. (2) to (5).

Subsec. (i). Pub. L. 96-399, Sec. 210, added subsec. (i).

1979 - Subsec. (c). Pub. L. 96-153 authorized increase in

aggregate contractual contributions by $1,140,661,000 on Oct. 1,

1979, and inserted requirements that out of such additional

authority not more than $195,053,000 be authorized to be approved

in appropriation acts for units assisted under this chapter other

than under section 1437f of this title and that not less than

$50,000,000 of the later amount be authorized to be approved for

modernization of the units.

1978 - Subsec. (c). Pub. L. 95-619 authorized the Secretary to

enter into annual contribution contracts aggregating not more than

$10,000,000 per annum for financing the purchase and installation

of energy conserving improvement in existing low-income housing

projects which the Secretary determined had the greatest need for

such improvements.

Pub. L. 95-557 inserted "and by $1,195,043,000 on October 1,

1978" after "October 1, 1977", "and on and after October 1, 1978"

after "October 1, 1976" and "Of the additional authority to enter

into contracts for annual contributions provided on October 1,

1978, and approved in appropriation Acts, the Secretary shall make

available not less than $50,000,000 for modernization of low-income

housing projects" after "pursuant to section 5304(a)(4) of this

title", and struck out provisions after "only such amounts as may

be approved in appropriations Acts" mandating that of the

additional authority to enter into contracts provided on October 1,

1976, at least $60,000,000 be made available for modernization of

low-income housing projects and at least $140,000,000 to assist in

financing low-income housing projects for ownership by public

housing agencies other than under section 1437f, of which not less

than $100,000,000 shall be available only for the purpose of

financing the construction or rehabilitation of low-income housing

projects, and provision after "plans prepared pursuant to section

5304(a)(4) of this title" mandating that of the additional

authority to enter into contracts for annual contributions provided

on Oct. 1, 1977, not less than $42,500,000 shall be made available

for low-income housing projects, not less than $197,139,200 for

low-income housing projects permanently financed by loans from

State housing finance or State development agencies, and not less

than $120,000,000 for low-income housing projects permanently

financed by loans pursuant to section 1701q of title 12.

1977 - Subsec. (c). Pub. L. 95-128 authorized increase in

aggregate contractual contributions by $1,159,995,000 on Oct. 1,

1977, and required the Secretary to make available therefrom

minimum amounts of $42,500,000 for modernization of low-income

housing projects, $197,139,200 for such projects financed by loans

from State housing finance or State development agencies, and

$120,000,000 for such projects financed by loans pursuant to

section 1701q of title 12.

Pub. L. 95-24 substituted "and by $1,228,050,000 on October 1,

1976" for "and by $850,000,000 on October 1, 1976".

1976 - Subsec. (c). Pub. L. 94-375 substituted "$1,524,000,000

per annum, which limit shall be increased by $965,000,000 on July

1, 1974, by $662,300,000 on July 1, 1975, and by $850,000,000 on

October 1, 1976, except that the additional authority to enter into

contracts for annual contributions provided on or after July 1,

1975, shall be effective only in such amounts as may be approved in

appropriation Acts" for "$1,199,250,000 per annum, which limit

shall be increased by $225,000,000 on July 1, 1971, by $150,000,000

on July 1, 1972, by $400,000,000 on July 1, 1973, and by

$965,000,000 on July 1, 1974", provision requiring the Secretary

make available a total of at least $200,000,000 for modernization

and financing of low-income housing projects under the additional

authority to enter into contracts for annual contributions provided

on Oct. 1, 1976, for provision which required the Secretary to

enter into contracts for annual contributions of at least

$150,000,000 to assist in financing the development or acquisition

cost of low-income housing projects, inserted "and by not less than

$17,000,000 per annum on October 1, 1976," after "not less than

$15,000,000 per annum, on July 1, 1975", and struck out "to the

amounts of contracts for annual contributions required to be

entered into by the Secretary under the second sentence of this

subsection" after "In addition".

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.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as

otherwise expressly provided, see section 107 of Pub. L. 104-330,

set out as an Effective Date note under section 4101 of Title 25,

Indians.

EFFECTIVE DATE OF 1995 AMENDMENT

Section 1002(d) of Pub. L. 104-19, as amended by Pub. L. 104-134,

title I, Sec. 101(e) [title II, Sec. 201(b)(1)], Apr. 26, 1996, 110

Stat. 1321-257, 1321-278; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104-204, title II, Sec.

201(b), Sept. 26, 1996, 110 Stat. 2892; Pub. L. 105-65, title II,

Sec. 201(a), Oct. 27, 1997, 111 Stat. 1364, provided that:

Subsections (a), (b), and (c) [amending this section and sections

1437p and 1437aaa-3 of this title] shall be effective for

applications for the 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 September 30, 1995 and on

or before September 30, 1998."

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by subtitles B through F of title VI [Secs. 621-685] of

Pub. L. 102-550 applicable upon expiration of 6-month period

beginning Oct. 28, 1992, except as otherwise provided, see section

13642 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 417(b) of Pub. L. 101-625 provided that: "The amendment

made by subsection (a) [amending this section] shall not apply to

applications submitted under section 5(h) of the United States

Housing Act of 1937 [subsec. (h) of this section] prior to October

1, 1990."

EFFECTIVE DATE OF 1988 AMENDMENT

For date on which Secretary of Housing and Urban Development may

carry out programs to provide lower income housing on Indian

reservations and other Indian areas only in accordance with

amendment by Pub. L. 100-358, see section 6 of Pub. L. 100-358, set

out as a note under section 1437a of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, set out as an Effective Date note under

section 3701 of Title 12, Banks and Banking.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 206(h) of Pub. L. 95-557 provided that: "The amendments

made by this section [amending this section and sections 1437a,

1437f, and 1437g of this title], except the amendment made by

subsection (d) [amending section 1437f of this title], shall become

effective on October 1, 1978."

EFFECTIVE DATE OF 1976 AMENDMENT

Section 2(b)(1), (2) of Pub. L. 94-375 provided that the

amendment of subsec. (c), which required the Secretary to make

available a total of $200,000,000 for modernization and financing

of low-income housing and which struck out reference to the amount

of contracts the Secretary was required to enter into under the

second sentence of this subsection, is effective Oct. 1, 1976.

EFFECTIVE DATE

Section effective on such date or dates as the Secretary of

Housing and Urban Development shall prescribe, but not later than

eighteen months after Aug. 22, 1974, except that all of the

provisions of this section shall become effective on the same date,

see section 201(b) of Pub. L. 93-383, set out as a note under

section 1437 of this title.

REGULATIONS

Section 111(c) of Pub. L. 102-550 provided that: "The Secretary

shall issue regulations necessary to carry out the amendments made

by this section [amending this section and sections 1437l and 1437p

of this title] as provided under section 191 of this Act [42 U.S.C.

1437a note]."

INAPPLICABILITY OF CERTAIN 1992 AMENDMENTS TO INDIAN PUBLIC HOUSING

Amendment by section 624 of Pub. L. 102-550 not applicable with

respect to lower income housing developed or operated pursuant to

contract between Secretary of Housing and Urban Development and

Indian housing authority, see section 626 of Pub. L. 102-550, set

out as a note under section 1437a of this title.

INCREASE IN BUDGET AUTHORITY FOR CERTIFICATE AND VOUCHER PROGRAMS

FOR DISASTER RELIEF

Section 931 of Pub. L. 101-625, as amended by Pub. L. 105-276,

title V, Sec. 550(c), Oct. 21, 1998, 112 Stat. 2609, provided that:

"The budget authority available under section 5(c) of the United

States Housing Act of 1937 (42 U.S.C. 1437c(c)) for tenant-based

assistance under section 8 of the United States Housing Act of 1937

[42 U.S.C. 1437f] is authorized to be increased in any fiscal year

in which a major disaster is declared by the President under the

Robert T. Stafford Disaster Relief and Emergency Assistance Act [42

U.S.C. 5121 et seq.] in such amounts as may be necessary to provide

assistance under such programs for individuals and families whose

housing has been damaged or destroyed as a result of such disaster,

except that in implementing this section, the Secretary shall

evaluate the natural hazards to which any permanent replacement

housing is exposed and shall take appropriate action to mitigate

such hazards."

INCREASE IN BUDGET AUTHORITY FOR MODERATE REHABILITATION PROGRAM

FOR DISASTER RELIEF

Section 932 of Pub. L. 101-625 provided that: "The budget

authority available under section 5(c) of the United States Housing

Act of 1937 (42 U.S.C. 1437c(c)) for assistance under the moderate

rehabilitation program under section 8(e)(2) of such Act [42 U.S.C.

1437f(e)(2)] is authorized to be increased in any fiscal year in

which a major disaster is declared by the President under the

Robert T. Stafford Disaster Relief and Emergency Assistance Act [42

U.S.C. 5121 et seq.] in such amount as may be necessary to provide

assistance under such program for individuals and families whose

housing has been damaged or destroyed as a result of such disaster,

except that in implementing this section, the Secretary shall

evaluate the natural hazards to which any permanent replacement

housing is exposed and shall take appropriate action to mitigate

such hazards."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437c-1, 1437d, 1437f,

1437i, 1437q, 1437u, 1437z-5, 1437z-7, 1437aaa-4, 1437aaa-6, 8012,

11401, 11907 of this title; title 12 sections 1701s, 1701u,

1701z-3, 1715z, 1715z-1, 2294a, 4113; title 31 section 1305.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 1437c-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 8 - LOW-INCOME HOUSING

SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING

-HEAD-

Sec. 1437c-1. Public housing agency plans

-STATUTE-

(a) 5-year plan

(1) In general

Subject to paragraph (2), 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) 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.

(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) of this section; 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) of this

section 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 1437z-5 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 1437z-5 of this title; and

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

1437z-4 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;

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) 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.

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.

(14) Pets

The requirements of the agency, pursuant to section 1437z-3 of

this title, relating to pet ownership in public housing.

(15) 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.

(16) Annual audit

The results of the most recent fiscal year audit of the public

housing agency under section 1437c(h)(2) of this title.

(17) 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.

(18) 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).

(f) (!1) Notice and hearing

(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 the information is available as required under

subparagraph (A); and

(ii) that 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

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) of this section, 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.

(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) of this section.

(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) of this

section (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) of this section.

(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

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) of this

section.

(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) of this section, 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

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.

-SOURCE-

(Sept. 1, 1937, ch. 896, title I, Sec. 5A, as added Pub. L.

105-276, title V, Sec. 511(a), Oct. 21, 1998, 112 Stat. 2531.)

-REFTEXT-

REFERENCES IN TEXT

The Cranston-Gonzalez National Affordable Housing Act, referred

to in subsecs. (c)(2)(B) and (i)(1)(B), is Pub. L. 101-625, Nov.

28, 1990, 104 Stat. 4079. Title I of the Act is classified

generally to subchapter I (Sec. 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)(15), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Act is classified generally to subchapter V (Sec. 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)(15), is title

VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended,

which is classified principally to subchapter I (Sec. 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)(15), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended. Title II of the Act is classified generally to

subchapter II (Sec. 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.

-MISC1-

EFFECTIVE DATE

Pub. L. 105-276, title V, Sec. 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]."

REGULATIONS

Pub. L. 105-276, title V, Sec. 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. 1437c-1] (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. 1437c-1] (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. 1437c-1] (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 Development's response to such

recommendations and comments."

AUDIT AND REVIEW; REPORT

Pub. L. 105-276, title V, Sec. 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. 1437c-1] (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. 1437c-1] (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)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437, 1437a, 1437d,

1437f, 1437k, 1437n, 1437bbb-5, 11904 of this title.

-FOOTNOTE-

(!1) Subsection designation editorially supplied.

-End-

Tal vez te pueda interesar:

Descargar

Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # The Public Health and Welfare

Te va a interesar