Browse Arkansas Code titles and sections
42 U.S.C. § 1439 — Small public housing agencies
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Housing voucher program** — The term “housing voucher program” means a program for tenant-based assistance under [section 1437f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim).
(2) **Small public housing agency** — The term “small public housing agency” means a public housing agency—
(A) for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 1437f(o) of this title administered by the agency is 550 or fewer; and
(B) that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations.
(3) **Troubled small public housing agency** — The term “troubled small public housing agency” means a small public housing agency designated by the Secretary as a troubled small public housing agency under subsection (c)(3).
**(b) Applicability** Except as otherwise provided in this section, a small public housing agency shall be subject to the same requirements as a public housing agency.
**(c) Program inspections and evaluations**
(1) **Public housing projects**
(A) *Frequency of inspections by Secretary* — The Secretary shall carry out an inspection of the physical condition of a small public housing agency’s public housing projects not more frequently than once every 3 years, unless the agency has been designated by the Secretary as a troubled small public housing agency based on deficiencies in the physical condition of its public housing projects. Nothing contained in this subparagraph relieves the Secretary from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1439
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 8a07bb05754992076944a6163b1163c122f1b048f119f66b417d9d3c9e067b5c. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_8ba419294ff87fdc18d9d253
Source file: Laws/federal/codes/united-states-code/title-42/section-1439-small-public-housing-agencies--f6647b60e0.md
Pages: Not recorded – Not recorded
Passage SHA-256: c3a0b15a7c49e291e4776fc784e21c407e8668b72e27bab21f5c38856b9e7943
Source location: Title 42, Chapter 8, § 1439; chapter-008-low-income-housing.md
Stored source content
**(a) Definitions** In this section:
(1) **Housing voucher program** — The term “housing voucher program” means a program for tenant-based assistance under [section 1437f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim).
(2) **Small public housing agency** — The term “small public housing agency” means a public housing agency—
(A) for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 1437f(o) of this title administered by the agency is 550 or fewer; and
(B) that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations.
(3) **Troubled small public housing agency** — The term “troubled small public housing agency” means a small public housing agency designated by the Secretary as a troubled small public housing agency under subsection (c)(3).
**(b) Applicability** Except as otherwise provided in this section, a small public housing agency shall be subject to the same requirements as a public housing agency.
**(c) Program inspections and evaluations**
(1) **Public housing projects**
(A) *Frequency of inspections by Secretary* — The Secretary shall carry out an inspection of the physical condition of a small public housing agency’s public housing projects not more frequently than once every 3 years, unless the agency has been designated by the Secretary as a troubled small public housing agency based on deficiencies in the physical condition of its public housing projects. Nothing contained in this subparagraph relieves the Secretary from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary under [section 4822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4822&num=0&edition=prelim).
(B) *Standards* — The Secretary shall apply to small public housing agencies the same standards for the acceptable condition of public housing projects that apply to projects assisted under [section 1437f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim).
(2) **Housing voucher program** — Except as required by section 1437f(o)(8)(F) of this title, a small public housing agency administering assistance under section 1437f(o) of this title shall make periodic physical inspections of each assisted dwelling unit not less frequently than once every 3 years to determine whether the unit is maintained in accordance with the requirements under section 1437f(o)(8)(A) of this title. Nothing contained in this paragraph relieves a small public housing agency from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary under [section 4822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4822&num=0&edition=prelim).
(3) **Troubled small public housing agencies**
(A) *Public housing program* — Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the public housing program of the small public housing agency if the Secretary determines that the agency has failed to maintain the public housing units of the small public housing agency in a satisfactory physical condition, based upon an inspection conducted by the Secretary.
(B) *Housing voucher program* — Notwithstanding any other provision of law, the Secretary may designate a small public housing agency as a troubled small public housing agency with respect to the housing voucher program of the small public housing agency if the Secretary determines that the agency has failed to comply with the inspection requirements under paragraph (2).
(C) *Appeals*
(i) *Establishment* — The Secretary shall establish an appeals process under which a small public housing agency may dispute a designation as a troubled small public housing agency.
(ii) *Official* — The appeals process established under clause (i) shall provide for a decision by an official who has not been involved, and is not subordinate to a person who has been involved, in the original determination to designate a small public housing agency as a troubled small public housing agency.
(D) *Corrective action agreement*
(i) *Agreement required* — Not later than 60 days after the date on which a small public housing agency is designated as a troubled public housing agency under subparagraph (A) or (B), the Secretary and the small public housing agency shall enter into a corrective action agreement under which the small public housing agency shall undertake actions to correct the deficiencies upon which the designation is based.
(ii) *Terms of agreement* — A corrective action agreement entered into under clause (i) shall—
(I) have a term of 1 year, and shall be renewable at the option of the Secretary;
(II) provide, where feasible, for technical assistance to assist the public housing agency in curing its deficiencies;
(III) provide for—
(aa) reconsideration of the designation of the small public housing agency as a troubled small public housing agency not less frequently than annually; and
(bb) termination of the agreement when the Secretary determines that the small public housing agency is no longer a troubled small public housing agency; and
(IV) provide that in the event of substantial noncompliance by the small public housing agency under the agreement, the Secretary may—
(aa) contract with another public housing agency or a private entity to manage the public housing of the troubled small public housing agency;
(bb) withhold funds otherwise distributable to the troubled small public housing agency;
(cc) assume possession of, and direct responsibility for, managing the public housing of the troubled small public housing agency;
(dd) petition for the appointment of a receiver, in accordance with [section 1437d(j)(3)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437d/j/3/A/ii&num=0&edition=prelim); and
(ee) exercise any other remedy available to the Secretary in the event of default under the public housing annual contributions contract entered into by the small public housing agency under [section 1437c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437c&num=0&edition=prelim).
(E) *Emergency actions* — Nothing in this paragraph may be construed to prohibit the Secretary from taking any emergency action necessary to protect Federal financial resources or the health or safety of residents of public housing projects.
**(d) Reduction of administrative burdens**
(1) **Exemption** — Notwithstanding any other provision of law, a small public housing agency shall be exempt from any environmental review requirements with respect to a development or modernization project having a total cost of not more than $100,000.
(2) **Streamlined procedures** — The Secretary shall, by rule, establish streamlined procedures for environmental reviews of small public housing agency development and modernization projects having a total cost of more than $100,000.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
### 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1437f
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Sept. 1, 1937, ch. 896, § 17, 50 Stat. 897, related to capital stock of the Authority.
#### Retirement of Capital Stock
Pub. L. 90–448, title XVII, § 1719(b), Aug. 1, 1968, 82 Stat. 610, provided in part that the capital stock referred to in this section be retired and the sum of $1,000,000 represented by such stock returned to the Treasury of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1437g
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
On and after May 10, 1939, the funds made available for administrative expenses of the United States Housing Authority shall be available for the payment, when specifically authorized by the Administrator, of actual transportation expenses and not to exceed $10 per diem in lieu of subsistence and other expenses to persons serving, while away from their homes, without other compensation from the United States, in an advisory capacity to the Authority.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1437c
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General requirements**
(1) **Elimination of hazards** — The Secretary of Housing and Urban Development (hereafter in this section referred to as the “Secretary”) shall establish procedures to eliminate as far as practicable the hazards of lead based paint poisoning with respect to any existing housing which may present such hazards and which is covered by an application for mortgage insurance or housing assistance payments under a program administered by the Secretary or otherwise receives more than $5,000 in project-based assistance under a Federal housing program. Beginning on January 1, 1995, such procedures shall apply to all such housing that constitutes target housing, as defined in [section 4851b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4851b&num=0&edition=prelim), and shall provide for appropriate measures to conduct risk assessments, inspections, interim controls, and abatement of lead-based paint hazards. At a minimum, such procedures shall require—
(A) the provision of lead hazard information pamphlets, developed pursuant to [section 2686 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2686&num=0&edition=prelim), to purchasers and tenants;
(B) periodic risk assessments and interim controls in accordance with a schedule determined by the Secretary, the initial risk assessment of each unit constructed prior to 1960 to be conducted not later than January 1, 1996, and, for units constructed between 1960 and 1978—
(i) not less than 25 percent shall be performed by January 1, 1998;
(ii) not less than 50 percent shall be performed by January 1, 2000; and
(iii) the remainder shall be performed by January 1, 2002;
(C) inspection for the presence of
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4822
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** The purpose of this section is to enable elderly persons to live with dignity and independence by expanding the supply of supportive housing that—
(1) is designed to accommodate the special needs of elderly persons; and
(2) provides a range of services that are tailored to the needs of elderly persons occupying such housing.
**(b) General authority** The Secretary is authorized to provide assistance to private nonprofit organizations and consumer cooperatives to expand the supply of supportive housing for the elderly. Such assistance shall be provided as (1) capital advances in accordance with subsection (c)(1), and (2) contracts for project rental assistance in accordance with subsection (c)(2). Such assistance may be used to finance the construction, reconstruction, or moderate or substantial rehabilitation of a structure or a portion of a structure, or the acquisition of a structure, to be used as supportive housing for the elderly in accordance with this section. Assistance may also cover the cost of 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 the elderly.
**(c) Forms of assistance**
(1) **Capital advances** — A capital advance provided under this section shall bear no interest and its repayment shall not be required so long as the housing remains available for very low-income elderly persons in accordance with this section. Such advance shall be in an amount calculated in accordance with the development cost limitation established in subsection (h).
(2) **Project rental assistance** — Contracts for project rental assistance shall obligate the Secretary to make monthly payments to cover any part of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1715g
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization for periodic assistance payments to mortgagees; assistance to manufactured home buyers**
(1) For the purpose of assisting lower income families in acquiring homeownership or in acquiring membership in a cooperative association operating a housing project, the Secretary is authorized to make, and to contract to make, periodic assistance payments on behalf of such homeowners and cooperative members. The assistance shall be accomplished through payments to mortgagees holding mortgages meeting the special requirements specified in this section or which mortgages are assisted under a State or local program providing assistance through loans, loan insurance or tax abatement. In making such assistance available, the Secretary shall give preference to low-income families who, without such assistance, would be likely to be involuntarily displaced (including those who would be likely to be displaced from rental units which are to be converted into a condominium project or a cooperative project). Such assistance may include the acquisition of a condominium or a membership in a cooperative association.
(2)
(A) Notwithstanding any other provision of this section, the Secretary is authorized to make periodic assistance payments under this section on behalf of families whose incomes do not exceed the maximum income limits prescribed pursuant to subsection (h)(2) of this section for the purpose of assisting such families in acquiring ownership of a manufactured home consisting of two or more modules and a lot on which such manufactured home is or will be situated, except that periodic assistance payments pursuant to this paragraph shall not be made with respect to more than 20 per centum of the total number of units with respect to which assistance is approved
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1735e
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of policy** It is the policy of the United States—
(1) to promote the general welfare of the Nation by employing the funds and credit of the Nation, as provided in this chapter—
(A) to assist States and political subdivisions of States to remedy the unsafe housing conditions and the acute shortage of decent and safe dwellings for low-income families;
(B) to assist States and political subdivisions of States to address the shortage of housing affordable to low-income families; and
(C) consistent with the objectives of this subchapter, to vest in public housing agencies that perform well, the maximum amount of responsibility and flexibility in program administration, with appropriate accountability to public housing residents, localities, and the general public;
(2) that the Federal Government cannot through its direct action alone provide for the housing of every American citizen, or even a majority of its citizens, but it is the responsibility of the Government to promote and protect the independent and collective actions of private citizens to develop housing and strengthen their own neighborhoods;
(3) that the Federal Government should act where there is a serious need that private citizens or groups cannot or are not addressing responsibly; and
(4) that our Nation should promote the goal of providing decent and affordable housing for all citizens through the efforts and encouragement of Federal, State, and local governments, and by the independent and collective actions of private citizens, organizations, and the private sector.
**(b) Public housing agency organization**
(1) **Required membership** — Except as provided in paragraphs (2) and (3), the membership of the board of directors or similar governing body of each public housing
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1437s
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice regarding assistance**
(1) **Publication of notice of availability** — The Secretary shall publish in the Federal Register notice of the availability of any assistance under any program or discretionary fund administered by the Secretary.
(2) **Publication of application procedures** — The Secretary shall publish in the Federal Register a description of the form and procedures by which application for the assistance may be made, and any deadlines relating to the award or allocation of the assistance. Such description shall be designed to help eligible applicants to apply for such assistance.
(3) **Publication of selection criteria** — Not less than 30 days before any deadline by which applications or requests for assistance under any program or discretionary fund administered by the Secretary must be submitted, the Secretary shall publish in the Federal Register the criteria by which selection for the assistance will be made. Subject to [section 1439 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1439&num=0&edition=prelim), such criteria shall include any objective measures of housing need, project merit, or efficient use of resources that the Secretary determines are appropriate and consistent with the statute under which the assistance is made available.
(4) **Documentation of decisions**
(A) The Secretary shall award or allocate assistance only in response to a written application in a form approved in advance by the Secretary, except where other award or allocation procedures are specified in statute.
(B) The Secretary shall ensure that documentation and other information regarding each application for assistance is sufficient to indicate the basis on which any award or allocation was made or denied.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3545
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 4726
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1437bbb–9
1 So in original. Probably should be followed by ‘‘of’’.
1 So in original. The comma probably should be ‘‘or’’.
2 So in original. The word ‘‘or’’ and the comma probably should
not appear.
§ 1437bbb–9. Termination and evaluation
(a) Termination
The demonstration program under this sub-
chapter shall terminate not less than 2 and not
more than 5 years after the date on which the
demonstration program is commenced.
(b) Evaluation
Not later than 6 months after the termination
of the demonstration program under this sub-
chapter, the Secretary shall submit to the Con-
gress a final report, which shall include—
(1) an evaluation 1 the effectiveness of the
activities carried out under the demonstration
program; and
(2) any findings and recommendations of the
Secretary for any appropriate legislative ac-
tion.
(Sept. 1, 1937, ch. 896, title IV, § 410, as added
Pub. L. 105–276, title V, § 561, Oct. 21, 1998, 112
Stat. 2624.)
SUBCHAPTER III—MISCELLANEOUS
PROVISIONS
§ 1438.
Repealed.
Pub.
L.
105–276,
title
V,
§ 582(a)(15), Oct. 21, 1998, 112 Stat. 2644
Section, Pub. L. 93–383, title II, § 209, Aug. 22, 1974, 88
Stat. 669; Pub. L. 98–479, title II, § 201(g), Oct. 17, 1984, 98
Stat. 2228; Pub. L. 102–550, title VI, § 625(b), Oct. 28, 1992,
106 Stat. 3820, related to special low-income housing
projects for elderly or disabled families.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective and applicable beginning upon Oct. 1,
1999, except as otherwise provided, with provision that
Secretary may implement repeal before such date, and
with savings provision, see section 503 of Pub. L.
105–276, set out as an Effective Date of 1998 Amendment
note under section 1
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1439
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.