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42 U.S.C. § 13603 — Establishment of criteria for occupancy

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

42 U.S.C. § 13603 — Establishment of criteria for occupancy

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Stable record: federal_law:legal_authorities:record_usc_56d7e864a604953e9602bbf7
Source file: Laws/federal/codes/united-states-code/title-42/section-13603-establishment-of-criteria-for-occupancy--a42e2c8bf0.md
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Source location: Title 42, Chapter 135, § 13603; chapter-135-residency-and-service-requirements-in-federally-assisted-housing.md

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**(a) Task force** (1) **Establishment** — To assist the Secretary in establishing reasonable criteria for occupancy in federally assisted housing, the Secretary shall establish a task force to review all rules, policy statements, handbooks, technical assistance memoranda, and other relevant documents issued by the Department of Housing and Urban Development on the standards and obligations governing residency in federally assisted housing and make recommendations to the Secretary for the establishment of such criteria for occupancy. (2) **Members** — The Secretary shall appoint members to the task force, which shall include individuals representing the interests of owners, managers, and tenants of federally assisted housing, public housing agencies, owner and tenant advocacy organizations, persons with disabilities and disabled families, organizations assisting homeless individuals, and social service, mental health, and other nonprofit servicer providers who serve federally assisted housing. (3) **Compensation** — Members of the task force shall not receive compensation for serving on the task force. (4) **Duties** — The task force shall— (A) review all existing standards, regulations, and guidelines governing occupancy and tenant selection policies in federally assisted housing; (B) review all existing standards, regulations, and guidelines governing lease provisions and other rules of occupancy for federally assisted housing; (C) determine whether the standards, regulations, and guidelines reviewed under subparagraphs (A) and (B) provide sufficient guidance to owners and managers of federally assisted housing to— (i) develop procedures for preselection inquiries sufficient to determine the capacity of applicants to comply with reasonable lease terms and conditions of occupancy; (ii) utilize leases that prohibit behavior which endangers the health or safety of other tenants or violates the rights of other tenants to peaceful enjoyment of the premises; (iii) assess the need to provide, and appropriate measures for providing, reasonable accommodations required under the Fair Housing Act [[42 U.S.C. 3601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3601&num=0&edition=prelim) et seq.] and [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim) for persons with various types of disabilities; and (iv) comply with civil rights laws and regulations; (D) propose criteria for occupancy in federally assisted housing, standards for the reasonable performance and behavior of tenants of federally assisted housing, compliance standards consistent with the reasonable accommodation of the requirements of the Fair Housing Act [[42 U.S.C. 3601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3601&num=0&edition=prelim) et seq.] and [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim), standards for compliance with other civil rights laws, and procedures for the eviction of tenants not complying with such standards consistent with sections 1437d and 1437f of this title; and (E) report to the Congress and the Secretary of Housing and Urban Development pursuant to paragraph (7). (5) **Procedure** — In carrying out its duties, the task force shall hold public hearings and receive written comments for a period of not less than 60 days. (6) **Support** — The Secretary of Housing and Urban Development shall cooperate fully with the task force and shall provide support staff and office space to assist the task force in carrying out its duties. (7) **Reports** — Not later than 3 months after October 28, 1992, the task force shall submit to the Secretary and the Congress a preliminary report describing its initial actions. Not later than 6 months after October 28, 1992, the task force shall submit a report to the Secretary and the Congress, which shall include— (A) a description of its findings; and (B) recommendations to revise such standards, regulations, and guidelines to provide accurate and complete guidance to owners and managers of federally assisted housing as determined necessary under paragraph (4). **(b) Rulemaking** (1) **Authority** — The Secretary shall, by regulation, establish criteria for selection of tenants for occupancy in federally assisted housing and lease provisions for such housing. (2) **Standards** — The criteria shall provide sufficient guidance to owners and managers of federally assisted housing to enable them to (A) select tenants capable of complying with reasonable lease terms, (B) utilize leases prohibiting behavior which endangers the health or safety of others or violates the right of other tenants to peaceful enjoyment of the premises, (C) comply with legal requirements to make reasonable accommodations for persons with disabilities, and (D) comply with civil rights laws. The criteria shall be consistent with the requirements under subsections (k) and (l) of [section 1437d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437d&num=0&edition=prelim) and [section 1437f(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f/d/1&num=0&edition=prelim) and any similar contract and lease requirements for federally assisted housing. In establishing the criteria, the Secretary shall take into consideration the report of the task force under subsection (a)(7). (3) **Procedure** — Not later than 90 days after the submission of the final report under subsection (a)(7), the Secretary shall issue a notice of proposed rulemaking of the regulations under this subsection providing for notice and opportunity for public comment regarding the regulations, pursuant to the provisions of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). The duration of the period for public comment under such section 553 shall not be less than 60 days. The Secretary shall issue final regulations under this subsection not later than the expiration of the 60-day period beginning upon the conclusion of the comment period, which shall take effect upon issuance.

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

29 U.S.C. § 794 — Disability, Independent Living, and Rehabilitation Research Advisory Council

**(a) Establishment** Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary. **(b) Duties** The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by [section 762(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim). **(c) Qualifications** Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives. **(d) Terms of appointment** (1) **Length of term** — Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that— (A) a member appointed to fill a vacancy occurring prior to the expiration of the term for whic

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 794

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

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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

42 U.S.C. § 3601 — Declaration of policy

It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.

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

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

42 U.S.C. § 13602 — Compliance with criteria for occupancy as requirement for tenancy

In selecting tenants for occupancy of units in federally assisted housing, an owner of such housing shall utilize the criteria for occupancy in federally assisted housing established by the Secretary, by regulation, under [section 13603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13603&num=0&edition=prelim). If an owner determines that an applicant for occupancy in the housing does not meet such criteria, the owner may deny such applicant occupancy.

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

42 U.S.C. § 13603 — Establishment of criteria for occupancy

Page 8605 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13603 1 So in original. Probably should be ‘‘purposes of section’’. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out section 13572(a)(2) of this title— (1) $300,000,000 for fiscal year 2007; (2) $100,000,000 for fiscal year 2008; (3) $40,000,000 for fiscal year 2009; (4) $30,000,000 for fiscal year 2010; and (5) $30,000,000 for fiscal year 2011. (d) Applicability No technology, or level of emission reduction under subsection (a)(2) shall be treated as ade- quately demonstrated for purpose of Section 1 7411 of this title, achievable for purposes of sec- tion 7479 of this title, or achievable in practice for purposes of section 7501 of this title solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under sec- tion 13572(a)(2) of this title. (Pub. L. 102–486, title XXXI, § 3104, as added Pub. L. 109–58, title IV, § 421(a), Aug. 8, 2005, 119 Stat. 759.) CHAPTER 135—RESIDENCY AND SERVICE REQUIREMENTS IN FEDERALLY ASSISTED HOUSING SUBCHAPTER I—STANDARDS AND OBLIGATIONS OF RESIDENCY IN FEDERALLY ASSISTED HOUSING Sec. 13601. Compliance by owners as condition of Federal assistance. 13602. Compliance with criteria for occupancy as re- quirement for tenancy. 13603. Establishment of criteria for occupancy. 13604. Assisted applications. SUBCHAPTER II—AUTHORITY TO PROVIDE PREF- ERENCES FOR ELDERLY RESIDENTS AND UNITS FOR DISABLED RESIDENTS IN CERTAIN SECTION 8 ASSISTED HOUSING 13611. Authority. 13612. Reservation of units for disabled families. 13613. Secondary preferences. 13614. General availability of units. 13615. Preference with

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

42 U.S.C. § 3601 — Declaration of policy

Page 5946 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3550 personnel to conduct investigations, establish guide- lines and timeframes for such investigations, prescribe requirements for final reports on violations, and pre- scribe procedures for conducting investigations of, and reporting on, Anti-Deficiency Act violations, was not repeated in subsequent appropriation acts. Similar pro- visions were contained in the following prior appropria- tion acts: Pub. L. 108–447, div. I, title II, Dec. 8, 2004, 118 Stat. 3312. Pub. L. 108–199, div. G, title II, Jan. 23, 2004, 118 Stat. 389. Pub. L. 108–7, div. K, title II, Feb. 20, 2003, 117 Stat. 499, as amended by Pub. L. 108–199, div. G, title II, Jan. 23, 2004, 118 Stat. 389. § 3550. Audit of Department financial statements For this fiscal year and each fiscal year there- after, subject to appropriations for that purpose, the Office of Inspector General shall procure and rely upon the services of an independent exter- nal auditor(s) to audit the financial statements of the Department of Housing and Urban Devel- opment, including the consolidated financial statement and the financial statements of the Federal Housing Administration and the Gov- ernment National Mortgage Association. (Pub. L. 116–260, div. L, title II, Dec. 27, 2020, 134 Stat. 1891.) Editorial Notes REFERENCES IN TEXT This fiscal year, referred to in text, is fiscal year 2021. CODIFICATION Section was enacted as part of the Department of Housing and Urban Development Appropriations Act, 2021, and also as part of the Transportation, Housing and Urban Development, and Related Agencies Appro- priations Act, 2021, and not as part of the Department of Housing and Urban Development Act which com- prises this chapter. Statutory Notes and Relate

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