The purpose of this section is to provide assistance to public housing agencies for the purposes of-
It is also the purpose of this section to provide assistance to smaller communities for the purpose of facilitating the development of affordable housing for low-income families that is undertaken in connection with a main street revitalization or redevelopment project in such communities.
The Secretary may make grants as provided in this section to applicants whose applications for such grants are approved by the Secretary under this section.
The Secretary may not make any grant under this section to any applicant unless the applicant certifies to the Secretary that the applicant will-
In calculating the amount of supplemental funds provided by a grantee for purposes of paragraph (1), the grantee may include amounts from other Federal sources, any State or local government sources, any private contributions, the value of any donated material or building, the value of any lease on a building, the value of the time and services contributed by volunteers, and the value of any other in-kind services or administrative costs provided.
If assistance provided under this subchapter will be used only for providing tenant-based assistance under section 1437f of this title or demolition of public housing (without replacement), the Secretary may exempt the applicant from the requirements under paragraph (1)(A).
Grants under this section may be used for activities to carry out revitalization programs for severely distressed public housing, including-
In using grant amounts under this section made available in fiscal year 2000 or thereafter for supportive services under paragraph (1)(L), a public housing agency may deposit such amounts in an endowment trust to provide supportive services over such period of time as the agency determines. Such amounts shall be provided to the agency by the Secretary in a lump sum when requested by the agency, shall be invested in a wise and prudent manner, and shall be used (together with any interest thereon earned) only for eligible uses pursuant to paragraph (1)(L). A public housing agency may use amounts in an endowment trust under this paragraph in conjunction with other amounts donated or otherwise made available to the trust for similar purposes.
An application for a grant under this section shall demonstrate the appropriateness of the proposal in the context of the local housing market relative to other alternatives, and shall include such other information and be submitted at such time and in accordance with such procedures, as the Secretary shall prescribe.
The Secretary shall establish criteria for the award of grants under this section and shall include among the factors-
The Secretary may determine not to apply certain of the selection criteria established pursuant to paragraph (2) when awarding grants for demolition only, tenant-based assistance only, or other specific categories of revitalization activities. This section may not be construed to require any application for a grant under this section to include demolition of public housing or to preclude use of grant amounts for rehabilitation or rebuilding of any housing on an existing site.
Subject to the provisions of this section, the Secretary-
Any severely distressed public housing disposed of pursuant to a revitalization plan and any public housing developed in lieu of such severely distressed housing, shall be subject to the provisions of section 1437p of this title. Severely distressed public housing demolished pursuant to a revitalization plan shall not be subject to the provisions of section 1437p of this title.
The Secretary may require a grantee under this section to make arrangements satisfactory to the Secretary for use of an entity other than the public housing agency to carry out activities assisted under the revitalization plan, if the Secretary determines that such action will help to effectuate the purposes of this section.
If a grantee under this section does not proceed within a reasonable timeframe, in the determination of the Secretary, the Secretary shall withdraw any grant amounts under this section that have not been obligated by the public housing agency. The Secretary shall redistribute any withdrawn amounts to one or more other applicants eligible for assistance under this section or to one or more other entities capable of proceeding expeditiously in the same locality in carrying out the revitalization plan of the original grantee.
For purposes of this section, the following definitions shall apply:
The term "applicant" means-
The term "severely distressed public housing" means a public housing project (or building in a project)-
The term "supportive services" includes all activities that will promote upward mobility, self-sufficiency, and improved quality of life for the residents of the public housing project involved, including literacy training, job training, day care, transportation, and economic development activities.
The Secretary shall require grantees of assistance under this section to report the sources and uses of all amounts expended for revitalization plans.
The Secretary shall submit to the Congress an annual report setting forth-
There are authorized to be appropriated for grants under this section $574,000,000 for fiscal year 2017.
Of the amount appropriated pursuant to paragraph (1) for any fiscal year, the Secretary may use up to 2 percent for technical assistance or contract expertise, including assistance in connection with the establishment and operation of computer centers in public housing through the Neighborhoods3 Networks initiative described in subsection (d)(1)(G). Such assistance or contract expertise may be provided directly or indirectly by grants, contracts, or cooperative agreements, and shall include training, and the cost of necessary travel for participants in such training, by or to officials of the Department of Housing and Urban Development, of public housing agencies, and of residents.
Of the amount appropriated pursuant to paragraph (1) for any fiscal year, the Secretary shall provide up to 5 percent for use only for grants under subsection (n).
The Secretary may make grants under this subsection to smaller communities. Such grant amounts shall be used by smaller communities only to provide assistance to carry out eligible affordable housing activities under paragraph (4) in connection with an eligible project under paragraph (2).
For purposes of this subsection, the term "eligible project" means a project that-
The Secretary shall establish requirements for a project to be considered a main street project for purposes of this section, which shall require that the project-
For purposes of this subsection, the activities described in subsection (d)(1) shall be considered eligible affordable housing activities, except that-
A grant under this subsection for a fiscal year for a single smaller community may not exceed $1,000,000.
A smaller community applying for a grant under this subsection shall be considered an applicant for purposes of subsection (c) (relating to contributions by applicants), except that-
Pursuant to subsection (e)(1), the Secretary shall provide for smaller communities to apply for grants under this subsection, except that the Secretary may establish such separate or additional criteria for applications for such grants as may be appropriate to carry out this subsection.
The Secretary shall establish selection criteria for the award of grants under this subsection, which shall be based on the selection criteria established pursuant to subsection (e)(2), with such changes as may be appropriate to carry out the purposes of this subsection.
The cost limits established pursuant to subsection (f) shall apply to eligible affordable housing activities assisted with grant amounts under this subsection.
The provisions of subsections (g) (relating to disposition and replacement of severely distressed public housing), and (h) (relating to administration of grants by other entities), shall not apply to grants under this subsection.
The Secretary shall require each smaller community receiving a grant under this subsection to submit a report regarding the use of all amounts provided under the grant.
For purposes of this subsection, the following definitions shall apply:
The term "affordable housing" means rental or homeownership dwelling units that-
The term "smaller community" means a unit of general local government (as such term is defined in section 5302 of this title) that-
No assistance may be provided under this section after September 30, 2017.
1So in original. Probably should be "and".
2So in original.
3So in original. Probably should be "Neighborhood".
42 U.S.C. § 1437v
EDITORIAL NOTES
REFERENCES IN TEXTSection 1437l of this title, referred to in subsec. (j)(2)(A)(iv), was repealed by Pub. L. 105-276, title V, §522(a), Oct. 21, 1998, 112 Stat. 2564. Section 503(a) of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (j)(2)(A)(iv), 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.
AMENDMENTS2017-Subsec. (m)(1). Pub. L. 115-31, §226(1), substituted "fiscal year 2017." for "fiscal year 2016."Subsec. (o). Pub. L. 115-31, §226(2), substituted "September 30, 2017." for "September 30, 2016." 2015-Subsec. (m)(1). Pub. L. 114-113, §228(1), substituted "fiscal year 2016." for "fiscal year 2015." Subsec. (o). Pub. L. 114-113, §228(2), substituted "September 30, 2016." for "September 30, 2015."2014-Subsec. (m)(1). Pub. L. 113-235, §229(1), substituted "fiscal year 2015." for "fiscal year 2014." Pub. L. 113-76, §234(1), substituted "fiscal year 2014." for "fiscal year 2012."Subsec. (o). Pub. L. 113-235, §229(2), substituted "September 30, 2015." for "September 30, 2014." Pub. L. 113-76, §234(2), substituted "September 30, 2014." for "September 30, 2012." 2011-Subsec. (m)(1). Pub. L. 112-55, §222(1), substituted "fiscal year 2012." for "fiscal year 2010." Subsec. (o). Pub. L. 112-55, §222(2), substituted "September 30, 2012." for "September 30, 2010." 2009-Subsec. (m)(1). Pub. L. 111-117, §222(1), substituted "fiscal year 2010." for "fiscal year 2009." Pub. L. 111-8, §223(1), which directed the substitution of "2009" for "2003", was executed by making the substitution for "2008", to reflect the probable intent of Congress and the intervening amendment by Pub. L. 110-161, §224(1). See 2007 Amendment note below.Subsec. (o). Pub. L. 111-117, §222(2), substituted "September 30, 2010." for "September 30, 2009." Pub. L. 111-8, §223(2), which directed substitution of "September 30, 2009" for "September 30, 2007", was executed by making the substitution for "September 30, 2008", to reflect the probable intent of Congress and the intervening amendment by Pub. L. 110-161, §224(2). See 2007 Amendment note below.2007-Subsec. (m)(1). Pub. L. 110-161, §224(1), which directed substitution of "2008" for "2003", was executed by making the substitution for "2007", to reflect the probable intent of Congress and the amendment by Pub. L. 109-289, §21045(1), as added by Pub. L. 110-5. See below. Pub. L. 109-289, §21045(1), as added by Pub. L. 110-5 substituted "2007" for "2003".Subsec. (o). Pub. L. 110-161, §224(2), substituted "September 30, 2008" for "September 30, 2007". Pub. L. 109-289, §21045(2), as added by Pub. L. 110-5 substituted "September 30, 2007" for "September 30, 2006". 2003-Subsec. (a). Pub. L. 108-186, §403(a), inserted concluding provisions.Subsec. (e)(2). Pub. L. 108-186, §402(a)(1), substituted "The Secretary shall establish criteria for the award of grants under this section and shall include among the factors-" for "The Secretary shall establish selection criteria for the award of grants under this section and shall include such factors as-" in introductory provisions.Subsec. (e)(2)(B). Pub. L. 108-186, §402(a)(2), struck out "large-scale" after "for managing". Subsec. (e)(2)(D). Pub. L. 108-186, §402(a)(3), inserted "and ongoing implementation" after "development" and ",except that the Secretary may not award a grant under this section unless the applicant has involved affected public housing residents at the beginning and during the planning process for the revitalization program, prior to submission of an application" before semicolon at end.Subsec. (e)(2)(I) to (L). Pub. L. 108-186, §402(a)(4)-(6), added subpars. (I) to (K) and redesignated former subpar. (I) as (L).Subsec. (j)(2)(A)(iii)(III). Pub. L. 108-186, §402(b), added subcl. (III).Subsec. (l)(3). Pub. L. 108-186, §403(c)(1), substituted ",including a specification of the amount and type of assistance provided under subsection (n);" for ";and". Subsec. (l)(4), (5). Pub. L. 108-186, §403(c)(2), (3), added par. (4) and redesignated former par. (4) as (5).Subsec. (m)(1). Pub. L. 108-186, §402(d), which directed substitution of "through 2006" for ",2001, and 2002" could not be executed because the words ",2001, and 2002" did not appear subsequent to amendment by Pub. L. 108-7, §215(a). See below. Pub. L. 108-7, §215(a), substituted "$574,000,000 for fiscal year 2003" for "$600,000,000 for fiscal year 1999 and such sums as may be necessary for each of fiscal years 2000, 2001, and 2002".Subsec. (m)(3). Pub. L. 108-186, §403(d), added par. (3).Subsec. (n). Pub. L. 108-186, §403(b)(2), added subsec. (n). Former subsec. (n) redesignated (o). Pub. L. 108-186, §402(e), substituted "September 30, 2006" for "September 30, 2004". Pub. L. 108-7, §215(b), substituted "September 30, 2004" for "September 30, 2002". Subsec. (o) Pub. L. 108-186, §403(b)(1), redesignated subsec. (n) as (o).2000-Subsec. (d)(1)(G). Pub. L. 106-377, §1(a)(1) [title II, §214(b)(1)], inserted before semicolon ",including a Neighborhood Networks initiative for the establishment and operation of computer centers in public housing for the purpose of enhancing the self-sufficiency, employability, an economic self-reliance of public housing residents by providing them with onsite computer access and training resources".Subsec. (m)(2). Pub. L. 106-377, §1(a)(1) [title II, §214(b)(2)], inserted before period at end of first sentence ",including assistance in connection with the establishment and operation of computer centers in public housing through the Neighborhoods Networks initiative described in subsection (d)(1)(G)". 1998- Pub. L. 105-276 amended section generally. Prior to amendment, section authorized planning grants for development of revitalization programs for severely distressed public housing and implementation grants to carry out revitalization programs for such housing, authorized exceptions to general program rules, established Office of Severely Distressed Public Housing Revitalization, and required annual report to Congress. 1996-Subsec. (e). Pub. L. 104-99 temporarily substituted "Exception" for "Exceptions" in subsec. heading and struck out "(1) LONG-TERM VIABILITY.-" before "The Secretary may waive" and par. (2) which read as follows:"(2) SELECTION OF TENANTS.-For projects revitalized under this section, a public housing agency may select tenants pursuant to a local system of preferences, in lieu of selecting tenants pursuant to the preferences specified under section 1437d(c)(4)(A)(i) of this title. Such local system shall be established in writing and shall respond to local housing needs and priorities as determined by the public housing agency. The public housing agency shall hold 1 or more public hearings to obtain the views of low-income tenants and other interested parties on the housing needs and priorities of the agency's jurisdiction." See Effective and Termination Dates of 1996 Amendments note below. Subsec. (h)(3). Pub. L. 104-330 struck out ",except that it does not include any Indian housing authority" after "section 1437a(b) of this title".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-276, title V, §535(b), Oct. 21, 1998, 112 Stat. 2586, provided that: "The amendment made by 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 AMENDMENTSAmendment 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.Amendment by Pub. L. 104-99 effective Jan. 26, 1996, only for fiscal years 1996, 1997, and 1998, and to cease to be effective Oct. 21, 1998, see section 402(f) of Pub. L. 104-99 as amended, and section 514(f) of Pub. L. 105-276 set out as notes under section 1437a of this title.
TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103-7 (in which item 11 on page 104 identifies a reporting provision which, as subsequently amended, is contained in subsec. (l) of this section), see section 3003 of Pub. L. 104-66 as amended, set out as a note under section 1113 of Title 31, Money and Finance.
STUDY OF ELDERLY AND DISABLED PUBLIC HOUSING NEEDS Pub. L. 108-186, title IV, §402(c), Dec. 16, 2003, 117 Stat. 2694, required the Comptroller General to submit a report to Congress regarding the extent of severely distressed elderly and disabled public housing and recommendations for improving that housing not later than 18 months after Dec. 18, 2003.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- housing assistance
- The term "housing assistance" means, with respect to federally assisted housing, the grant, contribution, capital advance, loan, mortgage insurance, or other assistance provided for the housing under the provisions of law referred to in paragraph (2). The term also includes any related assistance provided for the housing by the Secretary, including any rental assistance for low-income occupants.
- 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.