42 U.S.C. § 8013
The purpose of this section is to enable persons with disabilities to live with dignity and independence within their communities by expanding the supply of supportive housing that-
The Secretary is authorized to take the following actions:
To provide tenant-based rental assistance to eligible persons with disabilities, in accordance with subsection (d)(4).
To provide assistance to private, nonprofit organizations to expand the supply of supportive housing for persons with disabilities, which shall be provided as-
assistance under this paragraph may be used to finance the acquisition, acquisition and moderate rehabilitation, construction, reconstruction, or moderate or substantial rehabilitation of housing, including the acquisition from the Resolution Trust Corporation, to be used as supportive housing for persons with disabilities and may include real property acquisition, site improvement, conversion, demolition, relocation, and other expenses that the Secretary determines are necessary to expand the supply of supportive housing for persons with disabilities.
To offer additional methods of financing supportive housing for non-elderly adults with disabilities, the Secretary shall make funds available for project rental assistance pursuant to subparagraph (B) for eligible projects under subparagraph (C). The Secretary shall provide for State housing finance agencies and other appropriate entities to apply to the Secretary for such project rental assistance funds, which shall be made available by such agencies and entities for dwelling units in eligible projects based upon criteria established by the Secretary. The Secretary may not require any State housing finance agency or other entity applying for such project rental assistance funds to identify in such application the eligible projects for which such funds will be used, and shall allow such agencies and applicants to subsequently identify such eligible projects pursuant to the making of commitments described in subparagraph (C)(ii).
Project rental assistance under this paragraph shall be provided-
Of the total number of dwelling units in any multifamily housing project containing any unit for which project rental assistance under this paragraph is provided, the aggregate number that are provided such project rental assistance, that are used for supportive housing for persons with disabilities, or to which any occupancy preference for persons with disabilities applies, may not exceed 25 percent of such total.
The Secretary may not provide a capital advance under subsection (d)(1) for any project for which assistance is provided under this paragraph.
Project rental assistance under this paragraph may be provided only for dwelling units for extremely low-income persons with disabilities and extremely low-income households that include at least one person with a disability.
An eligible project under this subparagraph is a new or existing multifamily housing project for which-
Assistance under this paragraph may be provided only for projects for which the applicable State agency responsible for health and human services programs, and the applicable State agency designated to administer or supervise the administration of the State plan for medical assistance under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], have entered into such agreements as the Secretary considers appropriate-
In the case of any project for which project rental assistance is provided under this paragraph, the dwelling units assisted pursuant to subparagraph (B) shall be operated for not less than 30 years as supportive housing for persons with disabilities, in accordance with the application for the project approved by the Secretary, and such dwelling units shall, during such period, be made available for occupancy only by persons and households described in subparagraph (B)(iv).
Not later than 3 years after January 4, 2011, and again 2 years thereafter, the Secretary shall submit to Congress a report-
The Secretary shall take such actions as may be necessary to ensure that-
A capital advance provided pursuant to subsection (b)(1) shall bear no interest and its repayment shall not be required so long as the housing remains available for very-low-income persons with disabilities in accordance with this section. Such advance shall be in an amount calculated in accordance with the development cost limitation established in subsection (h).
Contracts for project rental assistance shall comply with subsection (e)(2) and shall obligate the Secretary to make monthly payments to cover any part of the costs attributed to units occupied (or, as approved by the Secretary, held for occupancy) by very low-income persons with disabilities that is not met from project income. The amount provided under the contract for each year covered by the contract for any project shall not exceed the sum of the initial annual project rentals for all units and any initial utility allowances for such units, as approved by the Secretary. Any contract amounts not used by a project in any year shall remain available to the project until the expiration of the contract. The Secretary may adjust the amount provided under the contract for each year covered by the contract if the sum of the project income and the amount of assistance payments available under this paragraph are inadequate to provide for reasonable project costs. In the case of an intermediate care facility which is the residence of persons assisted under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], project income under this paragraph shall include the same amount as if such person were being assisted under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.].
Upon the expiration of each contract term, subject to the availability of amounts made available in appropriation Acts, the Secretary shall adjust the annual contract amount to provide for reasonable project costs, including adequate reserves and service coordinators as appropriate, except that any contract amounts not used by a project during a contract term shall not be available for such adjustments upon renewal.
In the event of emergency situations that are outside the control of the owner, the Secretary shall increase the annual contract amount, subject to reasonable review and limitations as the Secretary shall provide.
A very low-income person shall pay as rent for a dwelling unit assisted under subsection (b)(2) the higher of the following amounts, rounded to the nearest dollar:
Tenant-based rental assistance provided under subsection (b)(1) shall be provided under section 1437f(o) of this title.
There is authorized to be appropriated for tenant-based rental assistance under section 1437f(o) of this title for persons with disabilities an amount not less than the amount necessary to convert the number of authorized vouchers and funding under an annual contributions contract in effect on January 4, 2011. Such converted vouchers may be administered by the entity administering the vouchers prior to conversion. For purposes of administering such converted vouchers, such entities shall be considered a "public housing agency" authorized to engage in the operation of tenant-based assistance under section 1437f of this title.
The Secretary shall develop and issue, to public housing agencies that receive voucher assistance made available under this subsection and to public housing agencies that received voucher assistance under section 1437f(o) of this title for non-elderly disabled families pursuant to appropriation Acts for fiscal years 1997 through 2002 or any other subsequent appropriations for incremental vouchers for non-elderly disabled families, guidance to ensure that, to the maximum extent possible, such vouchers continue to be provided upon turnover to qualified persons with disabilities or to qualified non-elderly disabled families, respectively.
Any project for which a capital advance is provided under subsection (d)(1) shall be operated for not less than 40 years as supportive housing for persons with disabilities, in accordance with the application for the project approved by the Secretary and shall, during such period, be made available for occupancy only by very low-income persons with disabilities.
If the owner of a project requests the use of the project for the direct benefit of very low-income persons with disabilities and, pursuant to such request the Secretary determines that a project is no longer needed for use as supportive housing for persons with disabilities, the Secretary may approve the request and authorize the owner to convert the project to such use.
The initial term of a contract entered into under subsection (d)(2) shall be 240 months, except that, in the case of the sponsor of a project assisted with any low-income housing tax credit pursuant to section 42 of title 26 or with any tax-exempt housing bonds, the contract shall have an initial term of not less than 360 months and shall provide funding for a term of 60 months. The Secretary shall, to the extent approved in appropriation Acts, upon expiration of a contract (or any renewed contract), renew such contract for a term of not less than 60 months. In order to facilitate the orderly extension of expiring contracts, the Secretary is authorized to make commitments to extend expiring contracts during the year prior to the date of expiration.
No assistance received under this section (or any State or local government funds used to supplement such assistance) may be used to replace other State or local funds previously used, or designated for use, to assist persons with disabilities.
Except as provided in subparagraph (B), of the total number of dwelling units in any multifamily housing project (including any condominium or cooperative housing project) containing any unit for which assistance is provided from a capital grant under subsection (d)(1) made after January 4, 2011, the aggregate number that are used for persons with disabilities, including supportive housing for persons with disabilities, or to which any occupancy preference for persons with disabilities applies, may not exceed 25 percent of such total.
Subparagraph (A) shall not apply in the case of any project that is a group home or independent living facility.
Funds made available under subsection (b)(2) shall be allocated by the Secretary among approvable applications submitted by private nonprofit organizations. Applications for assistance under subsection (b)(2) shall be submitted in such form and in accordance with such procedures as the Secretary shall establish. Such applications shall contain-
The Secretary shall establish selection criteria for assistance under subsection (b)(2), which shall include-
The Secretary shall periodically establish development cost limitations by market area for group homes of supportive housing for persons with disabilities by publishing a notice of the cost limitations in the Federal Register. The cost limitations shall reflect-
In establishing development cost limitations for a given market area, the Secretary shall use data that reflect currently prevailing costs of acquisition, construction, reconstruction, or rehabilitation, and land acquisition in the area. Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the community in which the project is located, except that assistance made available under this section may not be used to subsidize any such commercial facility.
In the case of existing housing and related facilities from the Resolution Trust Corporation under section 1441a(c)2 of title 12, the cost limitations shall include-
The Secretary shall adjust the cost limitation established pursuant to paragraph (1) not less than once annually to reflect changes in the general level of acquisition, construction, reconstruction, or rehabilitation costs.
The Secretary shall use the development cost limitations established under paragraph (1) to calculate the amount of financing to be made available to individual owners. Owners which incur actual development costs that are less than the amount of financing shall be entitled to retain 50 percent of the savings in a special project account. Such percentage shall be increased to 75 percent for owners which add energy efficiency features which (i) exceed the energy efficiency standards promulgated by the Secretary in accordance with section 12709 of this title; (ii) substantially reduce the life-cycle cost of the housing; (iii) reduce gross rent requirements; and (iv) enhance tenant comfort and convenience.
The special project account established under subparagraph (A) may be used (i) to supplement services provided to residents of the housing or funds set-aside for replacement reserves, or (ii) for such other purposes as determined by the Secretary.
An owner shall be permitted voluntarily to provide funds from sources other than this section for amenities and other features of appropriate design and construction suitable for supportive housing for persons with disabilities if the cost of such amenities is (A) not financed with the advance, and (B) is not taken into account in determining the amount of Federal assistance or of the rent contribution of tenants. Notwithstanding any other provision of law, assistance amounts provided under this section may be treated as amounts not derived from a Federal grant.
The provisions of section 212(e) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(e)) and the cost limits established by the Secretary pursuant to such section with respect to the amount of funds under subtitle A of title II of such Act [42 U.S.C. 12741 et seq.] that may be invested on a per unit basis, shall apply to supportive housing assisted with a capital advance under subsection (d)(1) and the amount of funds under such subsection that may be invested on a per unit basis.
The Secretary may provide for waiver of the cost limits applicable pursuant to subparagraph (A)-
An owner shall adopt written tenant selection procedures that are satisfactory to the Secretary as (i) consistent with the purpose of improving housing opportunities for very low-income persons with disabilities; and (ii) reasonably related to program eligibility and an applicant's ability to perform the obligations of the lease. Owners shall promptly notify in writing any rejected applicant of the grounds for any rejection.
Occupancy in dwelling units provided assistance under this section shall be available only to persons with disabilities and households that include at least one person with a disability.
Except only as provided in subparagraph (D), occupancy in dwelling units in housing provided with assistance under this section shall be available to all persons with disabilities eligible for such occupancy without regard to the particular disability involved.
Notwithstanding any other provision of law, the owner of housing developed under this section may, with the approval of the Secretary, limit occupancy within the housing to persons with disabilities who can benefit from the supportive services offered in connection with the housing.
The lease between a tenant and an owner of housing assisted under this section shall be for not less than one year, and shall contain such terms and conditions as the Secretary shall determine to be appropriate.
An owner may not terminate the tenancy or refuse to renew the lease of a tenant of a rental dwelling unit assisted under this section except-
A supportive service plan for housing assisted under this section shall permit each resident to take responsibility for choosing and acquiring their own services, to receive any supportive services made available directly or indirectly by the owner of such housing, or to not receive any supportive services.
The Secretary shall make available appropriate technical assistance to assure that applicants having limited resources, particularly minority applicants, are able to participate more fully in the program carried out under this section.
Each owner shall certify, to the satisfaction of the Secretary, that assistance made available under this section will be conducted and administered 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.] and other Federal, State, and local laws prohibiting discrimination and promoting equal opportunity; and3
An applicant may obtain ownership or control of a suitable site different from the site specified in the initial application. If an applicant fails to obtain ownership or control of the site within 1 year after notification of an award for assistance, the assistance shall be recaptured and reallocated.
The Secretary shall notify an owner not less than 30 days prior to canceling any reservation of assistance provided under this section. During the 30-day period following the receipt of a notice under the preceding sentence, an owner may appeal the proposed cancellation. Such appeal, including review by the Secretary, shall be completed not later than 45 days after the appeal is filed.
The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors and subcontractors in the construction of housing with 12 or more units assisted under this section shall be paid wages at rates not less than those prevailing in the locality involved for the corresponding classes of laborers and mechanics employed on construction of a similar character, as determined by the Secretary of Labor in accordance with sections 3141-3144, 3146, and 3147 of title 40.
Subparagraph (A) shall not apply to any individual who-
Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reducing the number of dwelling units in the project. Such use shall be subject to the approval of the Secretary to ensure that the use is designed to retrofit units that are currently obsolete or unmarketable.
Each dwelling unit assisted under this section shall contain installed carbon monoxide alarms or detectors that meet or exceed-
As used in this section-
Such term includes a for-profit limited partnership the sole general partner of which is an organization meeting the requirements under subparagraphs (A), (B), (C), and (D) or a corporation controlled by an organization meeting the requirements under subparagraphs (A), (B), (C), and (D).
The Secretary shall establish a minimum percentage of the amount made available for each fiscal year for capital advances under subsection (d)(1) that shall be used for multifamily projects subject to subsection (e)(4).
Of any amounts made available for assistance under subsection (b), such sums as may be necessary shall be available for funding capital advances in accordance with subsection (d)(1). Such amounts, the repayments from such advances, and the proceeds from notes or obligations issued under this section prior to November 28, 1990,4 shall constitute a revolving fund to be used by the Secretary in carrying out this section.
Of any amounts made available for assistance under subsection (b), such sums as may be necessary shall be available for funding project rental assistance in accordance with subsection (d)(2).
There are authorized to be appropriated for providing assistance pursuant to this section $300,000,000 for each of fiscal years 2011 through 2015.
The amendments made by this section shall take effect on October 1, 1991, with respect to projects approved on or after such date. The Secretary shall issue regulations for such purpose after notice and public comment.
The Secretary shall, upon the request of an owner, apply the provisions of this section to any housing for which a loan reservation was made under section 1701q of title 12 before November 28, 1990,4 but for which no loan has been executed and recorded. In the absence of such a request, any housing identified under the preceding sentence shall continue to be subject to the provisions of section 1701q of title 12 as they were in effect when such assistance was made or reserved.
When responding to an owner's request under paragraph (1), the Secretary shall, notwithstanding any other provision of law, apply such portion of amounts obligated at the time of loan reservation, including amounts reserved with respect to such housing under section 1437f of this title, as are required for the owner's housing under the provisions of this section and shall make any remaining portion available for other housing under this section.
1So in original. Probably should be "Partnerships".
2See References in Text note below.
3So in original. The word "opportunity" probably should be followed by a period.
4See Codification note below.
42 U.S.C. § 8013
Amendment of Subsection (j) Pub. L. 117-328 div. AA, title VI, §601(c), (h), Dec. 29, 2022, 136 Stat. 5545, 5548, provided that, effective two years after Dec. 29, 2022, subsection (j) of this section is amended by adding at the end the following:
(8) Qualifying smoke alarms
(A) In generalEach dwelling unit assisted under this section 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.
(B) DefinitionsFor purposes of this paragraph, the following definitions shall apply:The term "smoke alarm" has the meaning given the term "smoke detector" in section 2225(d) of title 15.The 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-(aa)(AA) is hardwired; or(BB) uses 10-year non rechargeable, nonreplaceable primary batteries and is sealed, is tamper resistant, and contains silencing means; and(bb) 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 TEXTThe HOME Investment Partnerships Act, referred to in subsec. (b)(3)(C)(ii)(II), is title II of Pub. L. 101-625, 104 Stat. 4094, which is classified principally to subchapter II (§12721 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 Social Security Act, referred to in subsecs. (b)(3)(D) and (d)(2), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVI and XIX of the Act are classified generally to subchapters XVI (§1381 et seq.) and XIX (§1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The amendments made by such Act, referred to in subsec. (b)(3)(F)(ii), probably means the amendments made by Pub. L. 111-374, 124 Stat. 4089, known as the Frank Melville Supportive Housing Investment Act of 2010, which amended this section. For complete classification of this Act to the Code, see Short Title of 2010 Amendment note set out under section 8001 of this title and Tables.Section 1441a of title 12, referred to in subsec. (h)(2), was repealed by Pub. L. 111-203, title III, §364(b), July 21, 2010, 124 Stat. 1555.The Cranston-Gonzalez National Affordable Housing Act, referred to in subsec. (h)(6)(A), is Pub. L. 101-625, 104 Stat. 4079. Subtitle A of title II of the Act is classified generally to part A (§12741 et seq.) of subchapter II 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. (j)(2), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.The Fair Housing Act, referred to in subsec. (j)(2), is title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I of chapter 45 (§3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables.
CODIFICATIONSection was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Congregate Housing Services Act of 1978 which comprises this chapter.In subsec. (j)(6)(A), "sections 3141-3144, 3146, and 3147 of title 40" substituted for "the Act of March 3, 1931 (commonly known as the Davis-Bacon Act)" on authority of Pub. L. 107-217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.November 28, 1990, referred to in subsecs. (l)(2) and (n)(2), was in the original "the enactment of this Act" and "the date of enactment of this Act", respectively, see Enactment of Section note below.
AMENDMENTS2022-Subsec. (j)(8). Pub. L. 117-328 added par. (8). 2020-Subsec. (j)(7). Pub. L. 116-260 added par. (7).2011-Subsec. (a)(2). Pub. L. 111-374, §5(1)(B)(i), substituted "makes available" for "provides". Subsec. (a)(3). Pub. L. 111-374, §5(1)(A), (B) (ii), (C), added par. (3).Subsec. (b). Pub. L. 111-374, §4(1), substituted "is authorized to take the following actions:" for "is authorized-" in introductory provisions.Subsec. (b)(1). Pub. L. 111-374, §4(2), inserted heading and substituted "To provide tenant-based" for "to provide tenant-based" and a period for ";and". Subsec. (b)(2). Pub. L. 111-374, §4(3), inserted heading and substituted "To provide assistance" for "to provide assistance". Subsec. (b)(3). Pub. L. 111-374, §4(4), added par. (3). Subsec. (c)(1). Pub. L. 111-374, §5(2)(A), substituted "housing and community-based services" for "special". Subsec. (c)(2)(A). Pub. L. 111-374, §5(2)(B)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: "provide persons with disabilities occupying such housing with supportive services that address their individual needs;".Subsec. (c)(2)(B). Pub. L. 111-374, §5(2)(B)(ii), substituted "activities;" for "activities,". Subsec. (d)(1). Pub. L. 111-374, §5(3), substituted "provided pursuant to subsection (b)(1) shall bear" for "provided under subsection (b)(2) shall bear".Subsec. (d)(2). Pub. L. 111-374, §3(a)(1), designated existing provisions as subpar. (A), inserted heading and "comply with subsection (e)(2) and shall" before "obligate" in first sentence, substituted "amount provided under the contract for each year covered by the contract" for "annual contract amount" in two places, and added subpar. (B). Subsec. (d)(4). Pub. L. 111-374, §2(a), amended par. (4) generally. Prior to amendment, par. (4) related to tenant-based rental assistance provided through a public housing agency or a private nonprofit organization. Subsec. (e). Pub. L. 111-374, §3(b)(1)(A), substituted "Program requirements" for "Term of commitment" in heading.Subsec. (e)(1). Pub. L. 111-374, §3(b)(1)(B), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "All units in housing assisted under subsection (b)(2) shall be made available for occupancy by very low-income persons with disabilities for not less than 40 years." Subsec. (e)(2). Pub. L. 111-374, §3(a)(2), inserted ",except that, in the case of the sponsor of a project assisted with any low-income housing tax credit pursuant to section 42 of title 26 or with any tax-exempt housing bonds, the contract shall have an initial term of not less than 360 months and shall provide funding for a term of 60 months" after "240 months" and substituted "upon expiration of a contract (or any renewed contract), renew such contract" for "extend any expiring contract". Subsec. (e)(3), (4). Pub. L. 111-374, §3(b)(1)(C), added pars. (3) and (4).Subsec. (f)(3)(B). Pub. L. 111-374, §5(4)(A)(i), substituted "be offered" for "receive". Subsec. (f)(3)(C). Pub. L. 111-374, §5(4)(A)(ii), added subpar. (C) and struck out former subpar. (C) which read as follows: "evidence of the applicant's (or a designated service provider's) experience in providing such supportive services;".Subsec. (f)(3)(D). Pub. L. 111-374, §5(4)(A)(iii), substituted "tenants" for "such persons, including evidence of such residential supervision as the Secretary determines is necessary to facilitate the adequate provision of such services". Subsec. (f)(3)(E). Pub. L. 111-374, §5(4)(A)(iv), inserted "other Federal, and" before "State".Subsec. (f)(4). Pub. L. 111-374, §5(4)(B), substituted "housing and community-based services" for "special".Subsec. (g). Pub. L. 111-374, §3(c), substituted "Selection criteria and processing" for "Selection criteria" in subsec. heading, designated existing provisions as par. (1), inserted par. heading, redesignated former pars. (1) to (5), (6), and (7) as subpars. (A) to (E), (G), and (H), respectively, of par. (1), and added par. (2). Subsec. (g)(1)(D). Pub. L. 111-374, §5(5)(A), substituted "appropriate supportive services will be made available" for "the necessary supportive services will be provided".Subsec. (g)(1)(E). Pub. L. 111-374, §5(5)(B), added subpar. (E) and struck out former subpar. (E) which read as follows: "the extent to which the proposed design of the housing will accommodate the provision of such services;". Subsec. (g)(1)(F). Pub. L. 111-374, §3(d), added subpar. (F).Subsec. (h)(1). Pub. L. 111-374, §3(f)(1), substituted "Group homes" for "In general" in heading and "group homes" for "various types and sizes" in introductory provisions, redesignated subpars. (F) and (G) as (E) and (F), respectively, and struck out former subpar. (E) which read as follows: "the cost of congregate space necessary to accommodate the provision of supportive services to persons with disabilities;". Subsec. (h)(3). Pub. L. 111-374, §3(f)(2), inserted "established pursuant to paragraph (1)" after "cost limitation".Subsec. (h)(6). Pub. L. 111-374, §3(f)(3), added par. (6). Subsec. (i). Pub. L. 111-374, §3(e), added subsec. (i) and struck out former subsec. (i) which related to tenant selection. Subsec. (j)(4) to (7). Pub. L. 111-374, §5(6), redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: "The Secretary may require an owner to deposit an amount not to exceed $10,000 in a special escrow account to assure the owner's commitment to the housing."Subsec. (k)(1). Pub. L. 111-374, §5(7)(A), inserted ",which provides a separate bedroom for each tenant of the residence" before period at end of first sentence. Pub. L. 111-374, §3(g)(1), inserted after second sentence "Not later than the date of the exercise of any waiver permitted under the previous sentence, the Secretary shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of the waiver or the intention to exercise the waiver, together with a detailed explanation of the reason for the waiver."Subsec. (k)(2). Pub. L. 111-374, §5(7)(B), substituted "The term 'person with disabilities' means a household composed of one or more persons who is 18 years of age or older and less than 62 years of age, and who has a disability." for "The term 'person with disabilities' means a household composed of one or more persons at least one of whom is an adult who has a disability."Subsec. (k)(3). Pub. L. 111-374, §5(7)(C), added par. (3) and struck out former par. (3) which read as follows: "The term 'supportive housing for persons with disabilities' means housing that-"(A) is designed to meet the special needs of persons with disabilities, and"(B) provides supportive services that address the individual health, mental health or other special needs of such persons."Subsec. (k)(4). Pub. L. 111-374, §3(g)(2), substituted "prescribe)" for "prescribe, subject to the limitation under subsection (h)(6))" and inserted at end "Not later than the date that the Secretary prescribes a limit exceeding the 24 person limit in the previous sentence, the Secretary shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of the limit or the intention to prescribe a limit in excess of 24 persons, together with a detailed explanation of the reason for the new limit."Subsec. (k)(5). Pub. L. 111-374, §5(7)(D), struck out "a project for" before "supportive housing".Subsec. (k)(6). Pub. L. 111-374, §5(7)(E)(ii), which directed striking out "wholly owned and" in the matter inserted by the amendment made by subparagraph (A) of this paragraph, was executed by striking out "wholly owned and" after "corporation" in concluding provisions as inserted by section 5(7)(E)(i) of Pub. L. 111-374 to reflect the probable intent of Congress. See below. Pub. L. 111-374, §5(7)(E)(i), inserted as concluding provisions the matter directed to be inserted as concluding provisions after section 811(k)(6)(D) of the Housing Act of 1959 by section 841 of Pub. L. 106-569. See 2000 Amendment note below. Subsec. (l)(1). Pub. L. 111-374, §3(h), amended par. (1) generally. Prior to amendment, text read as follows: "Of any amount made available for assistance under this section in any fiscal year, an amount shall be used for assistance under subsection (b)(2) that is not less than the amount made available in appropriation Acts for such assistance in the preceding year." Subsec. (l)(2). Pub. L. 111-374, §5(8)(A), substituted "subsection (d)(1)" for "subsection (c)(1)". Subsec. (l)(3). Pub. L. 111-374, §5(8)(B), substituted "subsection (d)(2)" for "subsection (c)(2)".Subsec. (l)(4). Pub. L. 111-374, §3(b)(2), struck out par. (4). Text read as follows: "Of any amounts made available for any fiscal year and used for capital advances or project rental assistance under paragraphs (1) and (2) of subsection (d), not more than 25 percent may be used for supportive housing which contains more than 24 separate dwelling units."Subsec. (m). Pub. L. 111-374, §6, amended subsec. (m) generally, substituting authorization of appropriations for fiscal years 2011 through 2015 for authorization of appropriations for fiscal years 2001, 2002, and 2003. 2000-Subsec. (d)(4). Pub. L. 106-569, §843(1), added par. (4) and struck out heading and text of former par. (4). Text read as follows: "Tenant-based rental assistance provided under subsection (b)(1) may be provided only through a public housing agency that has submitted, and had approved, an allocation plan under section 1437e(f) of this title, and a public housing agency shall be eligible to apply under this section only for the purposes of providing such assistance. Such assistance shall be made available to eligible persons with disabilities and administered under the same rules that govern rental assistance made available under section 1437f of this title. In determining the amount of assistance provided under subsection (b)(1) for a public housing agency, the Secretary shall consider the needs of the agency as described in the allocation plan."Subsec. (h)(1). Pub. L. 106-569, §845, inserted at end of concluding provisions "Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the community in which the project is located, except that assistance made available under this section may not be used to subsidize any such commercial facility."Subsec. (h)(5). Pub. L. 106-569, §842, substituted "sources other than this section" for "non-Federal sources" and inserted at end "Notwithstanding any other provision of law, assistance amounts provided under this section may be treated as amounts not derived from a Federal grant."Subsec. (j)(7). Pub. L. 106-569, §844, added par. (7).Subsec. (k)(2). Pub. L. 106-402 substituted "as defined in section 15002 of this title" for "as defined in section 6001(7) of this title" in third sentence.Subsec. (k)(6). Pub. L. 106-569, §841, which directed insertion of concluding provisions after section 811(k)(6)(D) of the Housing Act of 1959, could not be executed because there is no section 811 of the Housing Act of 1959.Subsec. (l)(1). Pub. L. 106-569, §843(2), substituted "subsection (b)(2)" for "subsection (b)" and struck out before period at end ",and the remainder shall be available for tenant-based assistance under subsection (n)".Subsec. (m). Pub. L. 106-569, §822, added subsec. (m) and struck out heading and text of former subsec. (m). Text read as follows: "There is authorized to be appropriated for providing assistance under this section $201,000,000 for fiscal year 2000." 1999-Subsec. (k)(4). Pub. L. 106-74, §524(a)(1), inserted ",subject to the limitation under subsection (h)(6)" after "prescribe".Subsec. (l)(4). Pub. L. 106-74, §524(a)(2), added par. (4).Subsecs. (m), (n). Pub. L. 106-74, §512, added subsec. (m) and redesignated former subsec. (m) as (n). 1992- Pub. L. 102-550, §623(a)(1), reenacted section catchline without change.Subsec. (b). Pub. L. 102-550, §623(a)(2), added heading, introductory provisions, and pars. (1) and (2) and struck out former heading "General authority", introductory provisions, and pars. (1) and (2) which authorized assistance to private, nonprofit organizations to expand the supply of supportive housing for persons with disabilities, which assistance would be provided as capital advances and contracts for project rental assistance, and, in concluding provisions, realigned margin and substituted "assistance under this paragraph" for "Such assistance".Subsec. (d)(1). Pub. L. 102-550, §623(a)(3)(A), which directed the substitution of "subsection (b)(2)" for "this section", was executed by making the substitution the first place appearing in first sentence, to reflect the probable intent of Congress.Subsec. (d)(3). Pub. L. 102-550, §623(a)(3)(A), substituted "subsection (b)(2)" for "this section".Subsec. (d)(4). Pub. L. 102-550, §623(a)(3)(B), added par. (4).Subsec. (e)(1). Pub. L. 102-550, §623(a)(4), substituted "subsection (b)(2)" for "this section".Subsec. (f). Pub. L. 102-550, §623(a)(5), substituted "subsection (b)(2)" for "this section" in first and second sentences.Subsec. (g). Pub. L. 102-550, §623(a)(6), which directed the substitution of "subsection (b)(2)" for "this section", was executed by making the substitution in the introductory provisions and in par. (7), to reflect the probable intent of Congress.Subsec. (j)(6). Pub. L. 102-550, §913(b), designated existing provisions as subpar. (A), inserted subpar. heading, substituted "with 12 or more units assisted under this section" for "assisted under this section and designed for dwelling use by 12 or more persons with disabilities", inserted "commonly known as" before "the Davis-Bacon Act", struck out before period at end ";but the Secretary may waive the application of this paragraph in cases or classes of cases where laborers or mechanics, not otherwise employed at any time in the construction of such housing, voluntarily donate their services without full compensation for the purposes of lowering the costs of construction and the Secretary determines that any amounts saved thereby are fully credited to the corporation, cooperative, or public body or agency undertaking the construction", and added subpar. (B).Subsec. (k)(6). Pub. L. 102-550, §603, struck out "incorporated private" before "institution" in introductory provisions, added subpar. (A), and redesignated former subpars. (A) to (C) as (B) to (D), respectively.Subsec. (l). Pub. L. 102-550, §601(d)(1), substituted "Allocation of funds" for "Authorizations" in heading.Subsec. (l)(1). Pub. L. 102-550, §601(d)(5), added par. (1). Former par. (1) redesignated (2). Pub. L. 102-550, §601(d)(2), inserted first sentence, struck out former first sentence which authorized an appropriation of $271,000,000 for fiscal year 1992 for the purpose of funding capital advances in accordance with subsection (d)(1) of this section, and in second sentence, substituted "Such amounts" for "Amounts so appropriated".Subsec. (l)(2). Pub. L. 102-550, §601(d)(4), redesignated par. (1) as (2). Former par. (2) redesignated (3). Pub. L. 102-550, §601(d)(3), added par. (2) and struck out former par. (2) which read as follows: "For the purpose of funding contracts for project rental assistance in accordance with subsection (d)(2) of this section, the Secretary may, to the extent approved in an appropriations Act, reserve authority to enter into obligations aggregating $246,000,000 for fiscal year 1992."Subsec. (l)(3). Pub. L. 102-550, §601(d)(4), redesignated par. (2) as (3). 1991-Subsec. (k)(4). Pub. L. 102-27 substituted "24 persons with disabilities (or such higher number of persons as permitted under criteria that the Secretary shall prescribe)" for "20 persons with disabilities".
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.
EFFECTIVE DATE OF 2000 AMENDMENT Amendment by title VIII of Pub. L. 106-569 effective Dec. 27, 2000, unless effectiveness or applicability upon another date certain is specifically provided for, with provisions relating to effect of regulatory authority, see section 803 of Pub. L. 106-569 set out as a note under section 1701q of Title 12, Banks and Banking.
EFFECTIVE DATE OF 1992 AMENDMENT Amendment by subtitles B through F of title VI [§§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.
ENACTMENT OF SECTION This section was enacted as part of Pub. L. 101-625 which was approved Nov. 28, 1990. However, this section was deemed enacted as of Nov. 5, 1990, by Pub. L. 101-507, 104 Stat. 1358, set out as an Effective Date of 1990 Amendment 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.
INAPPLICABILITY OF CERTAIN 1992 AMENDMENTS TO INDIAN PUBLIC HOUSINGAmendment by section 623(a) 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.
PROVISION OF TECHNICAL ASSISTANCE Pub. L. 111-374, §2(b), Jan. 4, 2011, 124 Stat. 4090, provided that: "The Secretary is authorized to the extent amounts are made available in future appropriations Acts, to provide technical assistance to public housing agencies and other administering entities to facilitate using vouchers to provide permanent supportive housing for persons with disabilities, help States reduce reliance on segregated restrictive settings for people with disabilities to meet community care requirements, end chronic homelessness, as 'chronically homeless' is defined in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361), and for other related purposes."
RENTAL ASSISTANCE CONTRACT OBLIGATIONS Pub. L. 111-117, 123 Stat. 3088, as amended by Pub. L. 112-10, div. B, title XII, §22562256,, 125 Stat. 197, provided in part: "That amounts obligated for initial project rental assistance contracts from amounts appropriated in fiscal year 2003 and thereafter shall remain available for the purpose of paying such obligations incurred prior to the expiration of such amounts for a 10 year period following such expiration".
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- owner
- The term "owner" means, with respect to federally assisted housing, the entity or private person, including a cooperative or public housing agency, that has the legal right to lease or sublease dwelling units in such housing.
- 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.