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42 U.S.C. § 12905 — Responsibilities of grantees

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

42 U.S.C. § 12905 — Responsibilities of grantees

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Stable record: federal_law:legal_authorities:record_usc_652090a5181edc1f333cc195
Source file: Laws/federal/codes/united-states-code/title-42/section-12905-responsibilities-of-grantees--b9a35c5b3b.md
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Source location: Title 42, Chapter 131, § 12905; chapter-131-housing-opportunities-for-persons-with-aids.md

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**(a) Prohibition of substitution of funds** Amounts received from grants under this chapter may not be used to replace other amounts made available or designated by State or local governments for use for the purposes under this chapter. **(b) Capability** The recipient shall have, in the determination of the grantee or the Secretary, the capacity and capability to effectively administer a grant under this chapter. **(c) Cooperation** The recipient shall agree to cooperate and coordinate in providing assistance under this chapter with the agencies of the relevant State and local governments responsible for services in the area served by the applicant for eligible persons and other public and private organizations and agencies providing services for such eligible persons. **(d) Prohibition of fees** The recipient shall agree that no fee will be charged to any eligible person for any housing or services provided with amounts from a grant under this chapter. **(e) Confidentiality** The recipient shall agree to ensure the confidentiality of the name of any individual assisted with amounts from a grant under this chapter and any other information regarding individuals receiving such assistance. **(f) Financial records** The recipient shall agree to maintain and provide the grantee or the Secretary with financial records sufficient, in the determination of the Secretary, to ensure proper accounting and disbursing of amounts received from a grant under this chapter. **(g) Administrative expenses** (1) **Grantees** — Notwithstanding any other provision of this chapter, each grantee may use not more than 3 percent of the grant amount for administrative costs relating to administering grant amounts and allocating such amounts to project sponsors. (2) **Project sponsors** — Notwithstanding any other provision of this chapter, each project sponsor receiving amounts from grants made under this chapter 11 See References in Text note below. may use not more than 7 percent of the amounts received for administrative costs relating to carrying out eligible activities under [section 12904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12904&num=0&edition=prelim), including the costs of staff necessary to carry out eligible activities. **(h) Environmental review** For purposes of environmental review, a grant under this chapter shall be treated as assistance for a special project that is subject to [section 3547 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3547&num=0&edition=prelim), and shall be subject to the regulations issued by the Secretary to implement such section. **(i) Carbon monoxide alarms** Each dwelling unit assisted under this chapter shall contain installed carbon monoxide alarms or detectors that meet or exceed— (1) the standards described in chapters 9 and 11 of the 2018 publication of the International Fire Code, as published by the International Code Council; or (2) any other standards as may be adopted by the Secretary, including any relevant updates to the International Fire Code, through a notice published in the Federal Register. **(j) Qualifying smoke alarms** (1) **In general** — Each dwelling unit assisted under this chapter 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. (2) **Definitions** — For purposes of this subsection, the following definitions shall apply: (A) *Smoke alarm defined* — The term “smoke alarm” has the meaning given the term “smoke detector” in [section 2225(d) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2225/d&num=0&edition=prelim). (B) *Qualifying smoke alarm defined* — 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— (I) (aa) is hardwired; or (bb) uses 10-year non rechargeable, nonreplaceable primary batteries and— (AA) is sealed; (BB) is tamper resistant; and (CC) contains silencing means; and (II) 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.

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

42 U.S.C. § 12904 — Eligible activities

Grants allocated under this chapter shall be available only for approved activities to carry out strategies designed to prevent homelessness among eligible persons. Approved activities shall include activities that— (1) enable public and nonprofit organizations or agencies to provide housing information to such persons and coordinate efforts to expand housing assistance resources for such persons under [section 12906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12906&num=0&edition=prelim); (2) facilitate the development and operation of shelter and services for such persons under [section 12907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12907&num=0&edition=prelim); (3) provide rental assistance to such persons under [section 12908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12908&num=0&edition=prelim); (4) facilitate (through project-based rental assistance or other means) the moderate rehabilitation of single room occupancy dwellings (SROs) that would be made available only to such persons under [section 12909 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12909&num=0&edition=prelim); (5) facilitate the development of community residences for eligible persons under [section 12910 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12910&num=0&edition=prelim); (6) carry out other activities that the Secretary develops in cooperation with eligible States and localities, except that activities developed under this paragraph may be assisted only with amounts provided under section 12903(c)(3) 11 See References in Text note below. of this title. Th

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

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

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

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. § 3547 — Special projects

(1) **In general** (A) *Release of funds* — In order to assure that the policies of the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.] and other provisions of law which further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of funds for special projects appropriated under an appropriations Act for the Department of Housing and Urban Development, such as special projects under the head “Annual Contributions for Assisted Housing” in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, and to assure to the public undiminished protection of the environment, the Secretary of Housing and Urban Development may, under such regulations, in lieu of the environmental protection procedures otherwise applicable, provide for the release of funds for particular special projects upon the request of recipients of special projects assistance, if the State or unit of general local government, as designated by the Secretary in accordance with regulations, assumes all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would otherwise apply to the Secretary were the Secretary to undertake such special projects as Federal projects. (B) *Implementation* — The Secretary shall issue regulations to carry out this section only after consultation with the Council on Environmental Quality. Such regulations shall— (i) provide for monitoring of the performance o

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

42 U.S.C. § 12905 — Responsibilities of grantees

Page 8508 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12905 1 See References in Text note below. Par. (3). Pub. L. 102–550, § 606(h)(2), struck out ‘‘short- term’’ after ‘‘provide’’. Par. (5). Pub. L. 102–550, § 606(j)(3)(B), struck out ‘‘with acquired immunodeficiency syndrome’’ after ‘‘persons’’. Par. (6). Pub. L. 102–550, § 606(e), inserted before period at end ‘‘, except that activities developed under this paragraph may be assisted only with amounts provided under section 12903(c)(3) of this title’’. § 12905. Responsibilities of grantees (a) Prohibition of substitution of funds Amounts received from grants under this chapter may not be used to replace other amounts made available or designated by State or local governments for use for the purposes under this chapter. (b) Capability The recipient shall have, in the determination of the grantee or the Secretary, the capacity and capability to effectively administer a grant under this chapter. (c) Cooperation The recipient shall agree to cooperate and co- ordinate in providing assistance under this chapter with the agencies of the relevant State and local governments responsible for services in the area served by the applicant for eligible persons and other public and private organiza- tions and agencies providing services for such el- igible persons. (d) Prohibition of fees The recipient shall agree that no fee will be charged to any eligible person for any housing or services provided with amounts from a grant under this chapter. (e) Confidentiality The recipient shall agree to ensure the con- fidentiality of the name of any individual as- sisted with amounts from a grant under this chapter and any other information regarding in- dividuals receiving such assistance. (f) Financial reco

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