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42 U.S.C. § 12877 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12877 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_16da054f451884cc875f5fea
Source file: Laws/federal/codes/united-states-code/title-42/section-12877-definitions--bde5240bd2.md
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Source location: Title 42, Chapter 130, § 12877; chapter-130-national-affordable-housing.md

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For purposes of this part: (1) The term “applicant” means the following entities that may represent the tenants of the housing: (A) A resident management corporation established in accordance with the requirements of the Secretary under [section 1437r of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437r&num=0&edition=prelim). (B) A resident council. (C) A cooperative association. (D) A public or private nonprofit organization. (E) A public body (including an agency or instrumentality thereof). (F) A public housing agency (including an Indian housing authority). (G) A mutual housing association. (2) The term “eligible family” means a family or individual— (A) who is a tenant of the eligible property on the date the Secretary approves an implementation grant; or (B) whose income does not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families. (3) The term “eligible property” means a multifamily rental property, containing 5 or more units, that is— (A) owned or held by the Secretary; (B) financed by a loan or mortgage held by the Secretary or insured by the Secretary; (C) determined by the Secretary to have serious physical or financial problems under the terms of an insurance or loan program administered by the Secretary; or (D) owned or held by the Secretary of Agriculture, the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, the Secretary of Defense, the Secretary of Transportation, the General Services Administration, any other Federal agency, or a State or local government or an agency or instrumentality thereof. (4) The term “homeownership program” means a program for homeownership under this part. (5) The term “Indian housing authority” has the meaning given such term in section 1437a(b)(11) 11 See References in Text note below. of this title. (6) The term “low-income family” has the meaning given such term in [section 1437a(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437a/b/2&num=0&edition=prelim). (7) The term “public housing agency” has the meaning given such term in [section 1437a(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437a/b/6&num=0&edition=prelim). (8) The term “recipient” means an applicant approved to receive a grant under this title 1 or such other entity specified in the approved application that will assume the obligations of the recipient under this part. (9) The term “resident council” means any incorporated nonprofit organization or association that— (A) is representative of the tenants of the housing; (B) adopts written procedures providing for the election of officers on a regular basis; and (C) has a democratically elected governing board, elected by the tenants of the housing. (10) The term “Secretary” means the Secretary of Housing and Urban Development.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1437aaa — Demolition and disposition of public housing

**(a) Applications for demolition and disposition** Except as provided in subsection (b), upon receiving an application by a public housing agency for authorization, with or without financial assistance under this subchapter, to demolish or dispose of a public housing project or a portion of a public housing project (including any transfer to a resident-supported nonprofit entity), the Secretary shall approve the application, if the public housing agency certifies— (1) in the case of— (A) an application proposing demolition of a public housing project or a portion of a public housing project, that— (i) the project or portion of the public housing project is obsolete as to physical condition, location, or other factors, making it unsuitable for housing purposes; and (ii) no reasonable program of modifications is cost-effective to return the public housing project or portion of the project to useful life; and (B) an application proposing the demolition of only a portion of a public housing project, that the demolition will help to ensure the viability of the remaining portion of the project; (2) in the case of an application proposing disposition by sale or other transfer of a public housing project or other real property subject to this subchapter— (A) the retention of the property is not in the best interests of the residents or the public housing agency because— (i) conditions in the area surrounding the public housing project adversely affect the health or safety of the residents or the feasible operation of the project by the public housing agency; or (ii) disposition allows the acquisition, development, or rehabilitation of other properties that will be more efficiently or effectively operated as low-income housing; (B) the public h

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1437r — Consultation with affected areas in settlement of litigation

In negotiating any settlement of, or consent decree for, significant litigation regarding public housing or section 8 [[42 U.S.C. 1437f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim)] 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim) in jurisdictions that are adjacent to the jurisdiction of the public housing agency involved in the litigation.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12877 — Exemption

Page 8495 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12880 1 See References in Text note below. (4) The term ‘‘homeownership program’’ means a program for homeownership under this part. (5) The term ‘‘Indian housing authority’’ has the meaning given such term in section 1437a(b)(11) 1 of this title. (6) The term ‘‘low-income family’’ has the meaning given such term in section 1437a(b)(2) of this title. (7) The term ‘‘public housing agency’’ has the meaning given such term in section 1437a(b)(6) of this title. (8) The term ‘‘recipient’’ means an applicant approved to receive a grant under this title 1 or such other entity specified in the approved application that will assume the obligations of the recipient under this part. (9) The term ‘‘resident council’’ means any incorporated nonprofit organization or asso- ciation that— (A) is representative of the tenants of the housing; (B) adopts written procedures providing for the election of officers on a regular basis; and (C) has a democratically elected governing board, elected by the tenants of the housing. (10) The term ‘‘Secretary’’ means the Sec- retary of Housing and Urban Development. (Pub. L. 101–625, title IV, § 426, Nov. 28, 1990, 104 Stat. 4170; Pub. L. 102–550, title I, § 181(d), (e), (h), Oct. 28, 1992, 106 Stat. 3735, 3736.) Editorial Notes REFERENCES IN TEXT Section 1437a(b)(11) of this title, referred to in par. (5), was repealed by Pub. L. 104–330, title V, § 501(b)(1)(D), Oct. 26, 1996, 110 Stat. 4041, and a new sec- tion 1437a(b)(11), defining ‘‘public housing agency plan’’, was enacted by Pub. L. 105–276, title V, § 506(4), Oct. 21, 1998, 112 Stat. 2524. This title, referred to in par. (8), means title IV of Pub. L. 101–625, known as the Homeownership and Op- por

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12877

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