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42 U.S.C. § 1437z — Designated housing for elderly and disabled families

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

42 U.S.C. § 1437z — Designated housing for elderly and disabled families

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Source file: Laws/federal/codes/united-states-code/title-42/section-1437z-designated-housing-for-elderly-and-disabled-families--7e3d306a55.md
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Source location: Title 42, Chapter 8, § 1437z; chapter-008-low-income-housing.md

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**(a) Authority to provide designated housing** (1) **In general** — Subject only to provisions of this section and notwithstanding any other provision of law, a public housing agency for which a plan under subsection (d) is in effect may provide public housing projects (or portions of projects) designated for occupancy by (A) only elderly families, (B) only disabled families, or (C) elderly and disabled families. (2) **Priority for occupancy** — In determining priority for admission to public housing projects (or portions of projects) that are designated for occupancy as provided in paragraph (1), the public housing agency may make units in such projects (or portions) available only to the types of families for whom the project is designated. (3) **Eligibility of near-elderly families** — If a public housing agency determines that there are insufficient numbers of elderly families to fill all the units in a project (or portion of a project) designated under paragraph (1) for occupancy by only elderly families, the agency may provide that near-elderly families may occupy dwelling units in the project (or portion). **(b) Standards regarding evictions** Except as provided in section 1437n(e)(1)(B) 11 See References in Text note below. of this title, any tenant who is lawfully residing in a dwelling unit in a public housing project may not be evicted or otherwise required to vacate such unit because of the designation of the project (or portion of a project) pursuant to this section or because of any action taken by the Secretary or any public housing agency pursuant to this section. **(c) Relocation assistance** A public housing agency that designates any existing project or building, or portion thereof, for occupancy as provided under subsection (a)(1) shall provide, to each person and family who agrees to be relocated in connection with such designation— (1) notice of the designation and an explanation of available relocation benefits, as soon as is practicable for the agency and the person or family; (2) access to comparable housing (including appropriate services and design features), which may include tenant-based rental assistance under [section 1437f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim), at a rental rate paid by the tenant that is comparable to that applicable to the unit from which the person or family has vacated; and (3) payment of actual, reasonable moving expenses. **(d) Required plan** A plan under this subsection for designating a project (or portion of a project) for occupancy under subsection (a)(1) is a plan, prepared by the public housing agency for the project and submitted to the Secretary, that— (1) establishes that the designation of the project is necessary— (A) to achieve the housing goals for the jurisdiction under the comprehensive housing affordability strategy under [section 12705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12705&num=0&edition=prelim); and (B) to meet the housing needs of the low-income population of the jurisdiction; and (2) includes a description of— (A) the project (or portion of a project) to be designated; (B) the types of tenants for which the project is to be designated; (C) any supportive services to be provided to tenants of the designated project (or portion); (D) how the design and related facilities (as such term is defined in section 1701q(d)(8) 1 of title 12) of the project accommodate the special environmental needs of the intended occupants; and (E) any plans to secure additional resources or housing assistance to provide assistance to families that may have been housed if occupancy in the project were not restricted pursuant to this section. For purposes of this subsection, the term “supportive services” means services designed to meet the special needs of residents. **(e) Review of plans** (1) **Review and notification** — The Secretary shall conduct a limited review of each plan under subsection (d) that is submitted to the Secretary to ensure that the plan is complete and complies with the requirements of subsection (d). The Secretary shall notify each public housing agency submitting a plan whether the plan complies with such requirements not later than 60 days after receiving the plan. If the Secretary does not notify the public housing agency, as required under this paragraph or paragraph (2), the plan shall be considered, for purposes of this section, to comply with the requirements under subsection (d) and the Secretary shall be considered to have notified the agency of such compliance upon the expiration of such 60-day period. (2) **Notice of reasons for determination of noncompliance** — If the Secretary determines that a plan, as submitted, does not comply with the requirements under subsection (d), the Secretary shall specify in the notice under paragraph (1) the reasons for the noncompliance and any modifications necessary for the plan to meet such requirements. (3) **Standards for determination of noncompliance** — The Secretary may determine that a plan does not comply with the requirements under subsection (d) only if— (A) the plan is incomplete in significant matters required under such subsection; or (B) there is evidence available to the Secretary that challenges, in a substantial manner, any information provided in the plan. (4) **Treatment of existing plans** — Notwithstanding any other provision of this section, a public housing agency shall be considered to have submitted a plan under this subsection if the agency has submitted to the Secretary an application and allocation plan under this section (as in effect before March 28, 1996) that have not been approved or disapproved before March 28, 1996. **(f) Effectiveness** (1) **5-year effectiveness of original plan** — A plan under subsection (d) shall be in effect for purposes of this section during the 5-year period that begins upon notification under subsection (e)(1) of the public housing agency that the plan complies with the requirements under subsection (d). (2) **Renewal of plan** — Upon the expiration of the 5-year period under paragraph (1) or any 2-year period under this paragraph, an agency may extend the effectiveness of the designation and plan for an additional 2-year period (that begins upon such expiration) by submitting to the Secretary any information needed to update the plan. The Secretary may not limit the number of times a public housing agency extends the effectiveness of a designation and plan under this paragraph. (3) **Transition provision** — Any application and allocation plan approved under this section (as in effect before March 28, 1996) before March 28, 1996, shall be considered to be a plan under subsection (d) that is in effect for purposes of this section for the 5-year period beginning upon such approval. **(g) Inapplicability of Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970** No tenant of a public housing project shall be considered to be displaced for purposes of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970 [[42 U.S.C. 4601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4601&num=0&edition=prelim) et seq.] because of the designation of any existing project or building, or portion thereof, for occupancy as provided under subsection (a) of this section.

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

42 U.S.C. § 1437f — Repealed. Pub. L. 93–383, title II, § 204, Aug. 22, 1974, 88 Stat. 668

### Statutory Notes Section, act Aug. 2, 1954, ch. 649, title VIII, § 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.

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42 U.S.C. § 13642 — Applicability

Except as otherwise provided in subtitles B through F of this title and the amendments made by such subtitles, such subtitles and the amendments made by such subtitles shall apply upon the expiration of the 6-month period beginning on October 28, 1992.

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42 U.S.C. § 1437a — Secretary of Housing and Urban Development; right to sue; expenses

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.], and title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, as amended [[42 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1501&num=0&edition=prelim) 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 28, 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 am

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1437a

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12 U.S.C. § 1701q — Repealed. Pub. L. 89–117, title XI, § 1108(aa), Aug. 10, 1965, 79 Stat. 507

### Statutory Notes Section, act June 27, 1934, ch. 847, title VIII, § 804, as added Aug. 8, 1949, ch. 403, § 1, 63 Stat. 575; amended Aug. 11, 1955, ch. 783, title IV, § 401, 69 Stat. 650, provided for disposition and use of excess moneys in Armed Services Housing Mortgage Insurance Fund, issue and cancellation of debentures, and receipt and payment of credits and charges.

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

42 U.S.C. § 12705 — State and local housing strategies

**(a) In general** The Secretary shall provide assistance directly to a jurisdiction only if— (1) the jurisdiction submits to the Secretary a comprehensive housing affordability strategy (hereafter in this section referred to as the “housing strategy”); (2) the jurisdiction submits annual updates of the housing strategy; and (3) the housing strategy, and any annual update of such strategy, is approved by the Secretary. The Secretary shall establish such dates and manner for the submission and approval of housing strategies under this section that the Secretary determines will facilitate orderly program management by jurisdictions and provide for timely investment or other use of funds made available under subchapter II of this chapter and other programs requiring submission of a housing strategy. If the Secretary finds there is good cause, the Secretary may provide reasonable extensions of any deadlines for submission of a jurisdiction’s housing strategy. **(b) Contents** A housing strategy submitted under this section shall be in a form that the Secretary determines to be appropriate for the assistance the jurisdiction may be provided and shall— (1) describe the jurisdiction’s estimated housing needs projected for the ensuing 5-year period, and the jurisdiction’s need for assistance for very low-income, low-income, and moderate-income families, specifying such needs for different types of tenure and for different categories of residents, such as very low-income, low-income, and moderate-income families, the elderly, persons with disabilities, single persons, large families, residents of nonmetropolitan areas, families who are participating in an organized program to achieve economic independence and self-sufficiency, persons with acquired immunodeficiency syndrome

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

25 U.S.C. § 4101 — Review and audit by Secretary

**(a) Annual review** (1) **In general** — The Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether— (A) the Director has— (i) carried out eligible activities under this subchapter in a timely manner; (ii) carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and (iii) a continuing capacity to carry out the eligible activities in a timely manner; (B) the Director has complied with the housing plan submitted by the Director under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim); and (C) the performance reports of the Department under section 4240 11 So in original. Probably should be section “4239”. of this title are accurate. (2) **Onsite visits** — Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development. **(b) Report by Secretary** The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department. **(c) Effect of reviews** The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section

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42 U.S.C. § 4601 — Definitions

As used in this chapter— (1) The term “Federal agency” means any department, agency, or instrumentality in the executive branch of the Government, any wholly owned Government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under Federal law. (2) The term “State” means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, the Trust Territory of the Pacific Islands, and any political subdivision thereof. (3) The term “State agency” means any department, agency, or instrumentality of a State or of a political subdivision of a State, any department, agency, or instrumentality of 2 or more States or of 2 or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent domain under State law. (4) The term “Federal financial assistance” means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the District of Columbia. (5) The term “person” means any individual, partnership, corporation, or association. (6) (A) The term “displaced person” means, except as provided in subparagraph (B)— (i) any person who moves from real property, or moves his personal property from real property— (I) as a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with

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42 U.S.C. § 1437d — Repealed. Aug. 7, 1956, ch. 1029, title IV, § 401(b), 70 Stat. 1103

### Statutory Notes Section, acts July 5, 1952, ch. 578, title I, § 101, 66 Stat. 403; July 31, 1953 ch. 302 title I, § 101, 67 Stat. 307, limited number of housing units to be constructed during fiscal year.

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42 U.S.C. § 1437bbb — Provision of information to law enforcement and other agencies

Notwithstanding any other provision of law, the Secretary shall, at least 4 times annually and upon request of the Immigration and Naturalization Service (hereafter in this section referred to as the “Service”), furnish the Service with the name and address of, and other identifying information on, any individual who the Secretary knows is not lawfully present in the United States, and shall ensure that each contract for assistance entered into under section 1437d or 1437f of this title with a public housing agency provides that the public housing agency shall furnish such information at such times with respect to any individual who the public housing agency knows is not lawfully present in the United States.

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42 U.S.C. § 1437bbb–2 — Civil money penalties against section 1437f owners

**(a) In general** (1) **Effect on other remedies** — The penalties set forth in this section shall be in addition to any other available civil remedy or any available criminal penalty, and may be imposed regardless of whether the Secretary imposes other administrative sanctions. (2) **Failure of Secretary** — The Secretary may not impose penalties under this section for a violation, if a material cause of the violation is the failure of the Secretary, an agent of the Secretary, or a public housing agency to comply with an existing agreement. **(b) Violations of housing assistance payment contracts for which penalty may be imposed** (1) **Liable parties** — The Secretary may impose a civil money penalty under this section on— (A) any owner of a property receiving project-based assistance under section 8 [[42 U.S.C. 1437f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim)]; (B) any general partner of a partnership owner of that property; and (C) any agent employed to manage the property that has an identity of interest with the owner or the general partner of a partnership owner of the property. (2) **Violations** — A penalty may be imposed under this section for a knowing and material breach of a housing assistance payments contract, including the following— (A) failure to provide decent, safe, and sanitary housing pursuant to section 8 [[42 U.S.C. 1437f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim)]; or (B) knowing or willful submission of false, fictitious, or fraudulent statements or requests for housing assistance payments to the Secretary or to any department or agency of the United States. (3) **Amount of penalty** — The amount of a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1437bbb–2

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