42 U.S.C. § 12907 — AIDS short-term supported housing and

Page 8509 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12907 (11)(A), Oct. 28, 1992, 106 Stat. 3809–3811; Pub. L. 106–377, § 1(a)(1) [title II, § 203(c)], Oct. 27, 2000, 114 Stat. 1441, 1441A–24; Pub. L. 116–260, div. Q, title I, § 101(e), Dec. 27, 2020, 134 Stat. 2164; Pub. L. 117–328, div. AA, title VI, § 601(d), Dec. 29, 2022, 136 Stat. 5545.) Editorial Notes REFERENCES IN TEXT Under this chapter, referred to in subsec. (g)(2), was in the original ‘‘under this title’’, and was translated as reading ‘‘under this subtitle’’, meaning under subtitle D (§§ 851–863) of title VIII of Pub. L. 101–625, to reflect the probable intent of Congress. AMENDMENTS 2022—Subsec. (j). Pub. L. 117–328 added subsec. (j). 2020—Subsec. (i). Pub. L. 116–260 added subsec. (i). 2000—Subsec. (h). Pub. L. 106–377 added subsec. (h). 1992—Subsec. (c). Pub. L. 102–550, § 606(j)(4), (11)(A), substituted ‘‘eligible persons’’ for ‘‘individuals with ac- quired immunodeficiency syndrome or related dis- eases’’ and ‘‘services for such eligible persons’’ for ‘‘services for such individuals’’. Subsec. (d). Pub. L. 102–550, § 606(f)(1), added subsec. (d) and struck out former subsec. (d) which read as fol- lows: ‘‘NO FEE.—The recipient shall agree that no fee will be charged of any low-income individual for any services provided with amounts from a grant under this chapter and that if fees are charged of any other indi- viduals, the fees will be based on the income and re- sources of the individual.’’ Subsec. (g). Pub. L. 102–550, § 606(f)(2), added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–328 effective 2 years after Dec. 29, 2022, see section 601(h) of div. AA of Pub. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking. EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective 2 years after Dec. 27, 2020, see section 101(h) of div. Q of Pub. L. 116–260, set out as a note under section 1701q of Title 12, Banks and Banking. CONSTRUCTION OF 2022 AMENDMENT Nothing in amendment made by Pub. L. 117–328 to be construed to preempt or limit applicability of certain State or local laws relating to smoke alarms, see sec- tion 601(i) of div. AA of Pub. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking. CONSTRUCTION OF 2020 AMENDMENT Nothing in amendment made by Pub. L. 116–260 to be construed to preempt or limit applicability of certain State or local laws relating to carbon monoxide de- vices, see section 101(j) of div. Q of Pub. L. 116–260, set out as a note under section 1437a of this title. § 12906. Grants for AIDS housing information and coordination services Grants under this section may only be used for the following activities: (1) Housing information services To provide (or contract to provide) coun- seling, information, and referral services to assist eligible persons to locate, acquire, fi- nance, and maintain housing and meet their housing needs. (2) Resource identification To identify, coordinate, and develop housing assistance resources (including conducting preliminary research and making expenditures necessary to determine the feasibility of spe- cific housing-related initiatives) for eligible persons. (Pub. L. 101–625, title VIII, § 857, Nov. 28, 1990, 104 Stat. 4379; Pub. L. 102–550, title VI, § 606(j)(11)(B), Oct. 28, 1992, 106 Stat. 3811.) Editorial Notes AMENDMENTS 1992—Pars. (1), (2). Pub. L. 102–550 substituted ‘‘eligi- ble persons’’ for ‘‘individuals with acquired immuno- deficiency syndrome or related diseases’’. § 12907. AIDS short-term supported housing and services (a) Use of grants Any amounts received from grants under this section may only be used to carry out a program to provide (or contract to provide) assistance to eligible persons who are homeless or in need of housing assistance to prevent homelessness, which may include the following activities: (1) Short-term supported housing Purchasing, leasing, renovating, repairing, and converting facilities to provide short-term shelter and services. (2) Short-term housing payments assistance Providing rent assistance payments for short-term supported housing and rent, mort- gage, and utilities payments to prevent home- lessness of the tenant or mortgagor of a dwell- ing. (3) Supportive services Providing supportive services, to eligible persons assisted under paragraphs (1) and (2), including health, mental health, assessment, permanent housing placement, drug and alco- hol abuse treatment and counseling, day care, and nutritional services (except that health services under this paragraph may only be pro- vided to individuals with acquired immuno- deficiency syndrome or related diseases), and providing technical assistance to eligible per- sons to provide assistance in gaining access to benefits and services for homeless individuals provided by the Federal Government and State and local governments. (4) Operation Providing for the operation of short-term supported housing provided under this section, including the costs of security, operation in- surance, utilities, furnishings, equipment, sup- plies, and other incidental costs. (5) Administration Providing staff to carry out the program under this section (subject to the provisions of section 12905(g) of this title). (b) Program requirements (1) Minimum use period for structures (A) In general Any building or structure assisted with amounts from a grant under this section shall be maintained as a facility to provide short-term supported housing or assistance for eligible persons— Page 8510 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12907 (i) in the case of assistance involving substantial rehabilitation or acquisition of the building, for a period of not less than 10 years; and (ii) in the case of assistance under para- graph (1), (3), or (4) of subsection (a), for a period of not less than 3 years. (B) Waiver The Secretary may waive the requirement under subparagraph (A) with respect to any building or structure if the organization or agency that received the grant under which the building was assisted demonstrates, to the satisfaction of the Secretary, that— (i) the structure is no longer needed to provide short-term supported housing or assistance or the continued operation of the structure for such purposes is no longer feasible; and (ii) the structure will be used to benefit individuals or families whose incomes do not exceed 80 percent of the median in- come for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Sec- retary may establish income ceilings high- er or lower than 80 percent of the median income for the area if the Secretary finds that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes. (2) Residency and location limitations on short-term supported housing (A) Residency A short-term supported housing facility assisted with amounts from a grant under this section may not provide shelter or hous- ing at any single time for more than 50 fami- lies or individuals. (B) Waiver The Secretary may, as the Secretary de- termines appropriate, waive the limitation under subparagraph (A) for any program or short-term supported housing facility. (3) Term of assistance (A) Supported housing assistance A program assisted under this section may not provide residence in a short-term hous- ing facility assisted under this section to any individual for a sum of more than 60 days during any 6-month period. (B) Housing payments assistance A program assisted under this section may not provide assistance for rent, mortgage, or utilities payments to any individual for rent, mortgage, or utilities costs accruing over a period of more than 21 weeks of any 52-week period. (C) Waiver Notwithstanding subparagraphs (A) and (B), the Secretary may waive the applica- bility of the requirements under such sub- paragraphs with respect to any individual for which the project sponsor has made a good faith effort to acquire permanent hous- ing (in accordance with paragraph (4)) and has been unable to do so. (4) Placement A program assisted under this section shall provide for any individual who has remained in short-term supported housing assisted under the demonstration program, to the max- imum extent practicable, the opportunity for placement in permanent housing or an envi- ronment appropriate to the health and social needs of the individual. (5) Presumption for independent living In providing assistance under this section in any case in which the residence of an indi- vidual is appropriate to the needs of the indi- vidual, a program assisted under this section shall, when reasonable, provide for assistance in a manner appropriate to maintain the indi- vidual in such residence. (6) Case management services A program assisted under this section shall provide each individual assisted under the pro- gram with an opportunity, if eligible, to re- ceive case management services available from the appropriate social service agencies. (Pub. L. 101–625, title VIII, § 858, Nov. 28, 1990, 104 Stat. 4379; Pub. L. 102–550, title VI, § 606(g), (j)(5), (11)(C), Oct. 28, 1992, 106 Stat. 3809–3811.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–550, § 606(j)(11)(C)(i), sub- stituted ‘‘eligible persons’’ for ‘‘individuals with ac- quired immunodeficiency syndrome or related dis- eases’’ in introductory provisions. Subsec. (a)(3). Pub. L. 102–550, § 606(g)(1)(A), (j)(5), sub- stituted ‘‘to eligible persons assisted under’’ for ‘‘to in- dividuals assisted under’’ and inserted before period at end ‘‘(except that health services under this paragraph may only be provided to individuals with acquired im- munodeficiency syndrome or related diseases), and pro- viding technical assistance to eligible persons to pro- vide assistance in gaining access to benefits and serv- ices for homeless individuals provided by the Federal Government and State and local governments’’. Subsec. (a)(4), (5). Pub. L. 102–550, § 606(g)(1)(B), (C), added pars. (4) and (5) and struck out former pars. (4) and (5) which read as follows: ‘‘(4) MAINTENANCE AND ADMINISTRATION.—Providing for maintenance, administration, security, operation, insurance, utilities, furnishings, equipment, supplies, and other incidental costs relating to any short-term supported housing provided under the demonstration program under this section. ‘‘(5) TECHNICAL ASSISTANCE.—Providing technical as- sistance to such individuals to provide assistance in gaining access to benefits and services for homeless in- dividuals provided by the Federal Government and State and local governments.’’ Subsec. (b)(1)(A). Pub. L. 102–550, § 606(j)(11)(C)(ii), substituted ‘‘eligible persons’’ for ‘‘individuals with ac- quired immunodeficiency syndrome or related dis- eases’’ in introductory provisions. Subsec. (b)(2)(B). Pub. L. 102–550, § 606(g)(2)(A)(i), (iii), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: ‘‘LOCATION.—A facil- ity for short-term supported housing assisted with amounts from a grant under this section may not be lo- cated in or contiguous to any other facility for emer- gency or short-term housing that is not limited to use by individuals with acquired immunodeficiency syn- drome or related diseases.’’ Subsec. (b)(2)(C). Pub. L. 102–550, § 606(g)(2)(A)(ii), (iii), substituted ‘‘limitation under subparagraph (A)’’ for ‘‘limitations under subparagraphs (A) and (B)’’ and re- designated subpar. (C) as (B). Page 8511 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12910 1 So in original. Probably should be preceded by ‘‘section’’. 1 See References in Text note below. Subsec. (b)(3)(C). Pub. L. 102–550, § 606(g)(2)(B), added subpar. (C). § 12908. Rental assistance (a) Use of funds (1) In general Grants under this section may be used only for assistance to provide rental assistance for low-income eligible persons. Such assistance may be project based or tenant based and shall be provided to the extent practicable in the manner provided for under section 1437f of this title. Grantees shall ensure that the housing provided is decent, safe, and sanitary. (2) Shared housing arrangements Grants under this section may be used to as- sist individuals who elect to reside in shared housing arrangements in the manner provided under section 1437f(p) of this title, except that, notwithstanding such section, assistance under this section may be made available to nonelderly individuals. The Secretary shall issue any standards for shared housing under this paragraph that vary from standards issued under section 1437f(p) of this title only to the extent necessary to provide for cir- cumstances of shared housing arrangements under this paragraph that differ from cir- cumstances of shared housing arrangements for elderly families under section 1437f(p) of this title. (b) Limitations A recipient under this section shall comply with the following requirements: (1) Services The recipient shall provide for qualified service providers in the area to provide appro- priate services to the eligible persons assisted under this section. (2) Intensive assistance For any individual with acquired immuno- deficiency syndrome or related diseases who requires more care than can be provided in housing assisted under this section, the recipi- ent shall provide for the locating of a care pro- vider who can appropriately care for the indi- vidual and referral of the individual to the care provider. (c) Administrative costs A project sponsor providing rental assistance under this section may use amounts from any grant received under this section for administra- tive expenses involved in providing such assist- ance, subject to the provisions of 12905(g)(2) 1 of this title. (Pub. L. 101–625, title VIII, § 859, Nov. 28, 1990, 104 Stat. 4381; Pub. L. 102–550, title VI, § 606(h)(1), (j)(6), (7), (11)(D), Oct. 28, 1992, 106 Stat. 3810, 3811.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–550, § 606(h)(1)(A), substituted ‘‘Rent- al assistance’’ for ‘‘Short-term rental assistance’’ in section catchline. Subsec. (a)(1). Pub. L. 102–550, § 606(h)(1)(B), (j)(11)(D), struck out ‘‘short-term’’ before ‘‘rental assistance’’ and substituted ‘‘eligible persons’’ for ‘‘individuals with ac- quired immunodeficiency syndrome or related dis- eases’’. Subsec. (b)(1). Pub. L. 102–550, § 606(j)(6), substituted ‘‘eligible persons’’ for ‘‘individuals’’. Subsec. (b)(2). Pub. L. 102–550, § 606(j)(7), inserted ‘‘with acquired immunodeficiency syndrome or related diseases’’ after ‘‘any individual’’. Subsec. (c). Pub. L. 102–550, § 606(h)(1)(C), added sub- sec. (c). § 12909. Single room occupancy dwellings (a) Use of grants Grants under this section may be used to pro- vide project-based rental assistance or grants to facilitate the development of single room occu- pancy dwellings. To the extent practicable, a program under this section shall be carried out in the manner provided for under section 1437f(n) 1 of this title. (b) Limitation Recipients under this section shall require the provision to individuals assisted under this sec- tion of the following assistance: (1) Services Appropriate services provided by qualified service providers in the area. (2) Intensive assistance For any individual with acquired immuno- deficiency syndrome or related diseases who requires more care than can be provided in housing assisted under this section, locating a care provider who can appropriately care for the individual and referral of the individual to the care provider. (Pub. L. 101–625, title VIII, § 860, Nov. 28, 1990, 104 Stat. 4381; Pub. L. 102–550, title VI, § 606(j)(7), Oct. 28, 1992, 106 Stat. 3810.) Editorial Notes REFERENCES IN TEXT Section 1437f(n) of this title, referred to in subsec. (a), was repealed by Pub. L. 105–276, title V, § 550(a)(7), Oct. 21, 1998, 112 Stat. 2609. AMENDMENTS 1992—Subsec. (b)(2). Pub. L. 102–550 inserted ‘‘with ac- quired immunodeficiency syndrome or related dis- eases’’ after ‘‘any individual’’. § 12910. Grants for community residences and services (a) Grant authority The Secretary of Housing and Urban Develop- ment may make grants to States and metropoli- tan areas to develop and operate community residences and provide services for eligible per- sons. (b) Community residences and services (1) Community residences (A) In general A community residence under this section shall be a multiunit residence designed for eligible persons for the following purposes: