42 U.S.C. § 12905
Amounts received from grants under this chapter may not be used to replace other amounts made available or designated by State or local governments for use for the purposes under this chapter.
The recipient shall have, in the determination of the grantee or the Secretary, the capacity and capability to effectively administer a grant under this chapter.
The recipient shall agree to cooperate and coordinate in providing assistance under this chapter with the agencies of the relevant State and local governments responsible for services in the area served by the applicant for eligible persons and other public and private organizations and agencies providing services for such eligible persons.
The recipient shall agree that no fee will be charged to any eligible person for any housing or services provided with amounts from a grant under this chapter.
The recipient shall agree to ensure the confidentiality of the name of any individual assisted with amounts from a grant under this chapter and any other information regarding individuals receiving such assistance.
The recipient shall agree to maintain and provide the grantee or the Secretary with financial records sufficient, in the determination of the Secretary, to ensure proper accounting and disbursing of amounts received from a grant under this chapter.
Notwithstanding any other provision of this chapter, each grantee may use not more than 3 percent of the grant amount for administrative costs relating to administering grant amounts and allocating such amounts to project sponsors.
Notwithstanding any other provision of this chapter, each project sponsor receiving amounts from grants made under this chapter1 may use not more than 7 percent of the amounts received for administrative costs relating to carrying out eligible activities under section 12904 of this title, including the costs of staff necessary to carry out eligible activities.
For purposes of environmental review, a grant under this chapter shall be treated as assistance for a special project that is subject to section 3547 of this title, and shall be subject to the regulations issued by the Secretary to implement such section.
Each dwelling unit assisted under this chapter shall contain installed carbon monoxide alarms or detectors that meet or exceed-
1See References in Text note below.
42 U.S.C. § 12905
Amendment of Section Pub. L. 117-328 div. AA, title VI, §601(d), (h), Dec. 29, 2022, 136 Stat. 5545, 5548, provided that, effective two years after Dec. 29, 2022, this section is amended by adding at the end the following new subsection:
(j) Qualifying smoke alarms
(1) In generalEach dwelling unit assisted under this chapter shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
(2) DefinitionsFor purposes of this subsection, the following definitions shall apply:
(A) Smoke alarm definedThe term "smoke alarm" has the meaning given the term "smoke detector" in section 2225(d) of title 15.
(B) Qualifying smoke alarm definedThe term "qualifying smoke alarm" means a smoke alarm that-(i) in the case of a dwelling unit built before December 29, 2022, and not substantially rehabilitated after December 29, 2022-(I)(aa) is hardwired; or(bb) uses 10-year non rechargeable, nonreplaceable primary batteries and- (AA) is sealed;(BB) is tamper resistant; and(CC) contains silencing means; and(II) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or(ii) in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022, is hardwired.See 2022 Amendment note below.
EDITORIAL NOTES
REFERENCES IN TEXTUnder this chapter, referred to in subsec. (g)(2), was in the original "under this title", and was translated as reading "under this subtitle", meaning under subtitle D (§§851-863) of title VIII of Pub. L. 101-625 to reflect the probable intent of Congress.
AMENDMENTS2022-Subsec. (j). Pub. L. 117-328 added subsec. (j). 2020-Subsec. (i). Pub. L. 116-260 added subsec. (i). 2000-Subsec. (h). Pub. L. 106-377 added subsec. (h). 1992-Subsec. (c). Pub. L. 102-550, §606(j)(4), (11) (A), substituted "eligible persons" for "individuals with acquired immunodeficiency syndrome or related diseases" and "services for such eligible persons" for "services for such individuals". Subsec. (d). Pub. L. 102-550, §606(f)(1), added subsec. (d) and struck out former subsec. (d) which read as follows: "NO FEE.-The recipient shall agree that no fee will be charged of any low-income individual for any services provided with amounts from a grant under this chapter and that if fees are charged of any other individuals, the fees will be based on the income and resources of the individual."Subsec. (g). Pub. L. 102-550, §606(f)(2), added subsec. (g).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117-328 effective 2 years after Dec. 29, 2022, see section 601(h) of div. AA of Pub. L. 117-328 set out as a note under section 1701q of Title 12, Banks and Banking.
EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116-260 effective 2 years after Dec. 27, 2020, see section 101(h) of div. Q of Pub. L. 116-260 set out as a note under section 1701q of Title 12, Banks and Banking.
CONSTRUCTION OF 2022 AMENDMENT Nothing in amendment made by Pub. L. 117-328 to be construed to preempt or limit applicability of certain State or local laws relating to smoke alarms, see section 601(i) of div. AA of Pub. L. 117-328 set out as a note under section 1701q of Title 12, Banks and Banking.
CONSTRUCTION OF 2020 AMENDMENT Nothing in amendment made by Pub. L. 116-260 to be construed to preempt or limit applicability of certain State or local laws relating to carbon monoxide devices, see section 101(j) of div. Q of Pub. L. 116-260 set out as a note under section 1437a of this title.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.
- State
- The term "State" means a State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this chapter.
- applicant
- The term "applicant" means a State, a unit of general local government, or a nonprofit organization eligible to receive assistance under this chapter.
- eligible person
- The term "eligible person" means a person with acquired immunodeficiency syndrome or a related disease and the family of such person.
- grantee
- The term "grantee" means a State or unit of general local government receiving grants from the Secretary under this chapter.
- project sponsor
- The term "project sponsor" means a nonprofit organization or a housing agency of a State or unit of general local government that contracts with a grantee to receive assistance under this chapter.
- recipient
- The term "recipient" means a grantee or other applicant receiving funds under this chapter.1
- project
- The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided 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, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 80131 of this title.