42 U.S.C. § 8013 — Supportive housing for persons with dis-

Page 7520 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 (4) Supportive services The Secretary shall allocate, for the project assisted pursuant to this subsection, a reason- able portion of the amounts appropriated pur- suant to the authorization for funds for sup- portive services in subsection (k), based on the estimated number of project residents who will be frail elderly individuals during the 5- year period beginning on the date of initial oc- cupancy of the project. Grants for supportive services may be used to assist any occupant in the demonstration project who is a frail elder- ly individual. Grants for supportive services under this subsection shall be subject to the other terms and conditions specified in this section. (5) Applications An application for assistance under this sub- section may be submitted by any unit of gen- eral local government with a population under 50,000 and shall contain such information as the Secretary deems appropriate. (6) Selection The Secretary shall select one application for funding under this subsection based on the following criteria: (A) The number of elderly persons residing in the applicant’s jurisdiction. (B) The extent of existing housing con- structed prior to 1940 in the applicant’s ju- risdiction. (C) The number of elderly persons living in adjacent projects to whom the services and facilities provided by the project would be available. (D) The level of State and local contribu- tions toward the cost of developing the project and of providing supportive services. (E) The project’s contribution to neighbor- hood improvement. (i) Report The Secretary shall submit to Congress an an- nual report evaluating the effectiveness of the demonstrations under this section. The report shall include a statement of the number of per- sons served, the types of services provided, the cost of providing such services, and any other information the Secretary considers appropriate in evaluating the demonstration. (j) Section 1437f funding The budget authority available under section 1437c(c) of this title for assistance under sec- tions 1437f(b) and 1437f(o) of this title is author- ized to be increased by $38,288,000 on or after Oc- tober 1, 1992, and by $39,896,096 on or after Octo- ber 1, 1993. The amounts made available under this subsection shall be used only in connection with the demonstration under this section. (k) Funding for services There are authorized to be appropriated for the Secretary to carry out the responsibilities for supportive services under the demonstra- tions under this section $10,000,000 to become available in fiscal year 1993, and $10,420,000 to be- come available in fiscal year 1994. Any such amounts appropriated under this subsection shall remain available until expended. (l) Implementation Not later than the expiration of the 180-day period beginning on the date that funds author- ized for the demonstrations under this section first become available for obligation, the Sec- retary shall by notice establish such require- ments as may be necessary to carry out the demonstration programs authorized under this section. (Pub. L. 101–625, title VIII, § 803, Nov. 28, 1990, 104 Stat. 4317; Pub. L. 102–550, title VI, § 605, Oct. 28, 1992, 106 Stat. 3806.) Editorial Notes REFERENCES IN TEXT The Older Americans Act of 1965, referred to in sub- sec. (d)(12), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218. Title III of the Act is classified generally to subchapter III (§ 3021 et seq.) of chapter 35 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. Section 1437a(b)(11) of this title, referred to in subsec. (g)(5), was repealed by Pub. L. 104–330, title V, § 501(b)(1)(D), Oct. 26, 1996, 110 Stat. 4041, and a new sec- tion 1437a(b)(11), defining ‘‘public housing agency plan’’, was enacted by Pub. L. 105–276, title V, § 506(4), Oct. 21, 1998, 112 Stat. 2524. CODIFICATION Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Congregate Housing Services Act of 1978 which com- prises this chapter. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–550, § 605(c)(1), sub- stituted ‘‘determined by the Secretary’’ for ‘‘beginning on November 28, 1990’’. Subsec. (g)(1). Pub. L. 102–550, § 605(c)(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘The term ‘demonstration period’ means the period be- ginning on November 28, 1990, and ending upon the ter- mination date under subsection (a).’’ Subsec. (j). Pub. L. 102–550, § 605(a), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: ‘‘The Secretary may provide assistance under sections 1437f(b) and 1437f(o) of this title in connection with the demonstrations under this section, in an amount not to exceed $34,000,000 for fiscal year 1991, and $35,500,000 for fiscal year 1992, subject to the approval of sufficient amounts in appropriations Acts under sec- tion 1437c of this title.’’ Subsec. (k). Pub. L. 102–550, § 605(b), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: ‘‘There are authorized to be appropriated for the Secretary to carry out the responsibilities for sup- portive services under the demonstrations under this section, $10,000,000 to become available in fiscal year 1991, and $10,400,000 to become available in fiscal year 1992, and remain available until expended.’’ § 8013. Supportive housing for persons with dis- abilities (a) Purpose The purpose of this section is to enable per- sons with disabilities to live with dignity and independence within their communities by ex- panding the supply of supportive housing that— (1) is designed to accommodate the special needs of such persons; (2) makes available supportive services that address the individual health, mental health, and other needs of such persons; and Page 7521 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 1 So in original. Probably should be ‘‘Partnerships’’. (3) promotes and facilitates community inte- gration for people with significant and long- term disabilities. (b) Authority to provide assistance The Secretary is authorized to take the fol- lowing actions: (1) Tenant-based assistance To provide tenant-based rental assistance to eligible persons with disabilities, in accord- ance with subsection (d)(4). (2) Capital advances To provide assistance to private, nonprofit organizations to expand the supply of sup- portive housing for persons with disabilities, which shall be provided as— (A) capital advances in accordance with subsection (d)(1), and (B) contracts for project rental assistance in accordance with subsection (d)(2); assistance under this paragraph may be used to finance the acquisition, acquisition and moderate rehabilitation, construction, recon- struction, or moderate or substantial rehabili- tation of housing, including the acquisition from the Resolution Trust Corporation, to be used as supportive housing for persons with disabilities and may include real property ac- quisition, site improvement, conversion, dem- olition, relocation, and other expenses that the Secretary determines are necessary to ex- pand the supply of supportive housing for per- sons with disabilities. (3) Project rental assistance (A) In general To offer additional methods of financing supportive housing for non-elderly adults with disabilities, the Secretary shall make funds available for project rental assistance pursuant to subparagraph (B) for eligible projects under subparagraph (C). The Sec- retary shall provide for State housing fi- nance agencies and other appropriate enti- ties to apply to the Secretary for such project rental assistance funds, which shall be made available by such agencies and enti- ties for dwelling units in eligible projects based upon criteria established by the Sec- retary. The Secretary may not require any State housing finance agency or other entity applying for such project rental assistance funds to identify in such application the eli- gible projects for which such funds will be used, and shall allow such agencies and ap- plicants to subsequently identify such eligi- ble projects pursuant to the making of com- mitments described in subparagraph (C)(ii). (B) Contract terms (i) Contract terms Project rental assistance under this paragraph shall be provided— (I) in accordance with subsection (d)(2); and (II) under a contract having an initial term of not less than 180 months that provides funding for a term 60 months, which funding shall be renewed upon ex- piration, subject to the availability of sufficient amounts in appropriation Acts. (ii) Limitation on units assisted Of the total number of dwelling units in any multifamily housing project con- taining any unit for which project rental assistance under this paragraph is pro- vided, the aggregate number that are pro- vided such project rental assistance, that are used for supportive housing for persons with disabilities, or to which any occu- pancy preference for persons with disabil- ities applies, may not exceed 25 percent of such total. (iii) Prohibition of capital advances The Secretary may not provide a capital advance under subsection (d)(1) for any project for which assistance is provided under this paragraph. (iv) Eligible population Project rental assistance under this paragraph may be provided only for dwell- ing units for extremely low-income per- sons with disabilities and extremely low- income households that include at least one person with a disability. (C) Eligible projects An eligible project under this subpara- graph is a new or existing multifamily hous- ing project for which— (i) the development costs are paid with resources from other public or private sources; and (ii) a commitment has been made— (I) by the applicable State agency re- sponsible for allocation of low-income housing tax credits under section 42 of title 26, for an allocation of such credits; (II) by the applicable participating ju- risdiction that receives assistance under the HOME Investment Partnership 1 Act [42 U.S.C. 12721 et seq.], for assistance from such jurisdiction; or (III) by any Federal agency or any State or local government, for funding for the project from funds from any other sources. (D) State agency involvement Assistance under this paragraph may be provided only for projects for which the ap- plicable State agency responsible for health and human services programs, and the appli- cable State agency designated to administer or supervise the administration of the State plan for medical assistance under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], have entered into such agreements as the Secretary considers appropriate— (i) to identify the target populations to be served by the project; (ii) to set forth methods for outreach and referral; and (iii) to make available appropriate serv- ices for tenants of the project. (E) Use requirements In the case of any project for which project rental assistance is provided under this Page 7522 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 2 See References in Text note below. paragraph, the dwelling units assisted pursu- ant to subparagraph (B) shall be operated for not less than 30 years as supportive housing for persons with disabilities, in accordance with the application for the project approved by the Secretary, and such dwelling units shall, during such period, be made available for occupancy only by persons and house- holds described in subparagraph (B)(iv). (F) Report Not later than 3 years after January 4, 2011, and again 2 years thereafter, the Sec- retary shall submit to Congress a report— (i) describing the assistance provided under this paragraph; (ii) analyzing the effectiveness of such assistance, including the effectiveness of such assistance compared to the assistance program for capital advances set forth under subsection (d)(1) (as in effect pursu- ant to the amendments made by such Act); 2 and (iii) making recommendations regarding future models for assistance under this section. (c) General requirements The Secretary shall take such actions as may be necessary to ensure that— (1) assistance made available under this sec- tion will be used to meet the housing and com- munity-based services needs of persons with disabilities by providing a variety of housing options, ranging from group homes and inde- pendent living facilities to dwelling units in multifamily housing developments, condo- minium housing, and cooperative housing; and (2) supportive housing for persons with dis- abilities assisted under this section shall— (A) make available voluntary supportive services that address the individual needs of persons with disabilities occupying such housing; (B) provide such persons with opportuni- ties for optimal independent living and par- ticipation in normal daily activities; and (C) facilitate access by such persons to the community at large and to suitable employ- ment opportunities within such community. (d) Forms of assistance (1) Capital advances A capital advance provided pursuant to sub- section (b)(1) shall bear no interest and its re- payment shall not be required so long as the housing remains available for very-low-income persons with disabilities in accordance with this section. Such advance shall be in an amount calculated in accordance with the de- velopment cost limitation established in sub- section (h). (2) Project rental assistance (A) Initial project rental assistance contract Contracts for project rental assistance shall comply with subsection (e)(2) and shall obligate the Secretary to make monthly payments to cover any part of the costs at- tributed to units occupied (or, as approved by the Secretary, held for occupancy) by very low-income persons with disabilities that is not met from project income. The amount provided under the contract for each year covered by the contract for any project shall not exceed the sum of the initial an- nual project rentals for all units and any ini- tial utility allowances for such units, as ap- proved by the Secretary. Any contract amounts not used by a project in any year shall remain available to the project until the expiration of the contract. The Sec- retary may adjust the amount provided under the contract for each year covered by the contract if the sum of the project in- come and the amount of assistance pay- ments available under this paragraph are in- adequate to provide for reasonable project costs. In the case of an intermediate care fa- cility which is the residence of persons as- sisted under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], project income under this paragraph shall include the same amount as if such person were being assisted under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.]. (B) Renewal of and increases in contract amounts (i) Expiration of contract term Upon the expiration of each contract term, subject to the availability of amounts made available in appropriation Acts, the Secretary shall adjust the annual contract amount to provide for reasonable project costs, including adequate reserves and service coordinators as appropriate, except that any contract amounts not used by a project during a contract term shall not be available for such adjustments upon renewal. (ii) Emergency situations In the event of emergency situations that are outside the control of the owner, the Secretary shall increase the annual contract amount, subject to reasonable re- view and limitations as the Secretary shall provide. (3) Rent contribution A very low-income person shall pay as rent for a dwelling unit assisted under subsection (b)(2) the higher of the following amounts, rounded to the nearest dollar: (A) 30 percent of the person’s adjusted monthly income, (B) 10 percent of the person’s monthly income, or (C) if the person is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the person’s actual housing costs, is specifi- cally designated by such agency to meet the person’s housing costs, the portion of such payments which is so designated; except that the gross income of a person occupying an in- termediate care facility assisted under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] shall be the same amount as if the per- son were being assisted under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.]. Page 7523 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 (4) Tenant-based rental assistance (A) In general Tenant-based rental assistance provided under subsection (b)(1) shall be provided under section 1437f(o) of this title. (B) Conversion of existing assistance There is authorized to be appropriated for tenant-based rental assistance under section 1437f(o) of this title for persons with disabil- ities an amount not less than the amount necessary to convert the number of author- ized vouchers and funding under an annual contributions contract in effect on January 4, 2011. Such converted vouchers may be ad- ministered by the entity administering the vouchers prior to conversion. For purposes of administering such converted vouchers, such entities shall be considered a ‘‘public housing agency’’ authorized to engage in the operation of tenant-based assistance under section 1437f of this title. (C) Requirements upon turnover The Secretary shall develop and issue, to public housing agencies that receive voucher assistance made available under this sub- section and to public housing agencies that received voucher assistance under section 1437f(o) of this title for non-elderly disabled families pursuant to appropriation Acts for fiscal years 1997 through 2002 or any other subsequent appropriations for incremental vouchers for non-elderly disabled families, guidance to ensure that, to the maximum extent possible, such vouchers continue to be provided upon turnover to qualified per- sons with disabilities or to qualified non-el- derly disabled families, respectively. (e) Program requirements (1) Use restrictions (A) Term Any project for which a capital advance is provided under subsection (d)(1) shall be op- erated for not less than 40 years as sup- portive housing for persons with disabilities, in accordance with the application for the project approved by the Secretary and shall, during such period, be made available for oc- cupancy only by very low-income persons with disabilities. (B) Conversion If the owner of a project requests the use of the project for the direct benefit of very low-income persons with disabilities and, pursuant to such request the Secretary de- termines that a project is no longer needed for use as supportive housing for persons with disabilities, the Secretary may approve the request and authorize the owner to con- vert the project to such use. (2) Contract terms The initial term of a contract entered into under subsection (d)(2) shall be 240 months, ex- cept that, in the case of the sponsor of a project assisted with any low-income housing tax credit pursuant to section 42 of title 26 or with any tax-exempt housing bonds, the con- tract shall have an initial term of not less than 360 months and shall provide funding for a term of 60 months. The Secretary shall, to the extent approved in appropriation Acts, upon expiration of a contract (or any renewed contract), renew such contract for a term of not less than 60 months. In order to facilitate the orderly extension of expiring contracts, the Secretary is authorized to make commit- ments to extend expiring contracts during the year prior to the date of expiration. (3) Limitation on use of funds No assistance received under this section (or any State or local government funds used to supplement such assistance) may be used to replace other State or local funds previously used, or designated for use, to assist persons with disabilities. (4) Multifamily projects (A) Limitation Except as provided in subparagraph (B), of the total number of dwelling units in any multifamily housing project (including any condominium or cooperative housing project) containing any unit for which as- sistance is provided from a capital grant under subsection (d)(1) made after January 4, 2011, the aggregate number that are used for persons with disabilities, including sup- portive housing for persons with disabilities, or to which any occupancy preference for persons with disabilities applies, may not exceed 25 percent of such total. (B) Exception Subparagraph (A) shall not apply in the case of any project that is a group home or independent living facility. (f) Applications Funds made available under subsection (b)(2) shall be allocated by the Secretary among ap- provable applications submitted by private non- profit organizations. Applications for assistance under subsection (b)(2) shall be submitted in such form and in accordance with such proce- dures as the Secretary shall establish. Such ap- plications shall contain— (1) a description of the proposed housing; (2) a description of the assistance the appli- cant seeks under this section; (3) a supportive service plan that contains— (A) a description of the needs of persons with disabilities that the housing is ex- pected to serve; (B) assurances that persons with disabil- ities occupying such housing will be offered supportive services based on their individual needs; (C) evidence of the applicant’s experience in— (i) providing such supportive services; or (ii) creating and managing structured partnerships with service providers for the delivery of appropriate community-based services; (D) a description of the manner in which such services will be provided to tenants; and (E) identification of the extent of other Federal, and State and local funds available to assist in the provision of such services; Page 7524 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 (4) a certification from the appropriate State or local agency (as determined by the Sec- retary) that the provision of the services iden- tified in paragraph (3) are well designed to serve the housing and community-based serv- ices needs of persons with disabilities; (5) reasonable assurances that the applicant will own or have control of an acceptable site for the proposed housing not later than 6 months after notification of an award for as- sistance; (6) a certification from the public official re- sponsible for submitting a housing strategy for the jurisdiction to be served in accordance with section 12705 of this title that the pro- posed housing is consistent with the approved housing strategy; and (7) such other information or certifications that the Secretary determines to be necessary or appropriate to achieve the purposes of this section. (g) Selection criteria and processing (1) Selection criteria The Secretary shall establish selection cri- teria for assistance under subsection (b)(2), which shall include— (A) the ability of the applicant to develop and operate the proposed housing; (B) the need for housing for persons with disabilities in the area to be served; (C) the extent to which the proposed de- sign of the housing will meet the special needs of persons with disabilities; (D) the extent to which the applicant has demonstrated that appropriate supportive services will be made available on a con- sistent, long-term basis; (E) the extent to which the location and design of the proposed project will facilitate the provision of community-based sup- portive services and address other basic needs of persons with disabilities, including access to appropriate and accessible trans- portation, access to community services agencies, public facilities, and shopping; (F) the extent to which the per-unit cost of units to be assisted under this section will be supplemented with resources from other public and private sources; (G) the extent to which the applicant has control of the site of the proposed housing; and (H) such other factors as the Secretary de- termines to be appropriate to ensure that funds made available under subsection (b)(2) are used effectively. (2) Delegated processing (A) In issuing a capital advance under sub- section (d)(1) for any multifamily project (but not including any project that is a group home or independent living facility) for which fi- nancing for the purposes described in the last sentence of subsection (b) is provided by a combination of the capital advance and sources other than this section, within 30 days of award of the capital advance, the Secretary shall delegate review and processing of such projects to a State or local housing agency that— (i) is in geographic proximity to the prop- erty; (ii) has demonstrated experience in and ca- pacity for underwriting multifamily housing loans that provide housing and supportive services; (iii) may or may not be providing low-in- come housing tax credits in combination with the capital advance under this section; and (iv) agrees to issue a firm commitment within 12 months of delegation. (B) The Secretary shall retain the authority to process capital advances in cases in which no State or local housing agency is suffi- ciently qualified to provide delegated proc- essing pursuant to this paragraph or no such agency has entered into an agreement with the Secretary to serve as a delegated proc- essing agency. (C) The Secretary shall— (i) develop criteria and a timeline to peri- odically assess the performance of State and local housing agencies in carrying out the duties delegated to such agencies pursuant to subparagraph (A); and (ii) retain the authority to review and process projects financed by a capital ad- vance in the event that, after a review and assessment, a State or local housing agency is determined to have failed to satisfy the criteria established pursuant to clause (i). (D) An agency to which review and proc- essing is delegated pursuant to subparagraph (A) may assess a reasonable fee which shall be included in the capital advance amounts and may recommend project rental assistance amounts in excess of those initially awarded by the Secretary. The Secretary shall develop a schedule for reasonable fees under this sub- paragraph to be paid to delegated processing agencies, which shall take into consideration any other fees to be paid to the agency for other funding provided to the project by the agency, including bonds, tax credits, and other gap funding. (E) Under such delegated system, the Sec- retary shall retain the authority to approve rents and development costs and to execute a capital advance within 60 days of receipt of the commitment from the State or local agen- cy. The Secretary shall provide to such agency and the project sponsor, in writing, the rea- sons for any reduction in capital advance amounts or project rental assistance and such reductions shall be subject to appeal. (h) Development cost limitations (1) Group homes The Secretary shall periodically establish development cost limitations by market area for group homes of supportive housing for per- sons with disabilities by publishing a notice of the cost limitations in the Federal Register. The cost limitations shall reflect— (A) the cost of acquisition, construction, reconstruction, or rehabilitation of sup- portive housing for persons with disabilities that (i) meets applicable State and local housing and building codes; and (ii) con- Page 7525 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 forms with the design characteristics of the neighborhood in which it is to be located; (B) the cost of movables necessary to the basic operation of the housing, as deter- mined by the Secretary; (C) the cost of special design features nec- essary to make the housing accessible to persons with disabilities; (D) the cost of special design features nec- essary to make individual dwelling units meet the special needs of persons with dis- abilities; (E) if the housing is newly constructed, the cost of meeting the energy efficiency stand- ards promulgated by the Secretary in ac- cordance with section 12709 of this title; and (F) the cost of land, including necessary site improvement. In establishing development cost limitations for a given market area, the Secretary shall use data that reflect currently prevailing costs of acquisition, construction, reconstruc- tion, or rehabilitation, and land acquisition in the area. Neither this section nor any other provision of law may be construed as prohib- iting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of resi- dents of the project and the community in which the project is located, except that as- sistance made available under this section may not be used to subsidize any such com- mercial facility. (2) RTC properties In the case of existing housing and related facilities from the Resolution Trust Corpora- tion under section 1441a(c) 2 of title 12, the cost limitations shall include— (A) the cost of acquiring such housing, (B) the cost of rehabilitation, alteration, conversion, or improvement, including the moderate rehabilitation thereof, and (C) the cost of the land on which the hous- ing and related facilities are located. (3) Annual adjustments The Secretary shall adjust the cost limita- tion established pursuant to paragraph (1) not less than once annually to reflect changes in the general level of acquisition, construction, reconstruction, or rehabilitation costs. (4) Incentives for savings (A) Special project account The Secretary shall use the development cost limitations established under paragraph (1) to calculate the amount of financing to be made available to individual owners. Owners which incur actual development costs that are less than the amount of fi- nancing shall be entitled to retain 50 percent of the savings in a special project account. Such percentage shall be increased to 75 per- cent for owners which add energy efficiency features which (i) exceed the energy effi- ciency standards promulgated by the Sec- retary in accordance with section 12709 of this title; (ii) substantially reduce the life- cycle cost of the housing; (iii) reduce gross rent requirements; and (iv) enhance tenant comfort and convenience. (B) Uses The special project account established under subparagraph (A) may be used (i) to supplement services provided to residents of the housing or funds set-aside for replace- ment reserves, or (ii) for such other purposes as determined by the Secretary. (5) Funds from other sources An owner shall be permitted voluntarily to provide funds from sources other than this sec- tion for amenities and other features of appro- priate design and construction suitable for supportive housing for persons with disabil- ities if the cost of such amenities is (A) not fi- nanced with the advance, and (B) is not taken into account in determining the amount of Federal assistance or of the rent contribution of tenants. Notwithstanding any other provi- sion of law, assistance amounts provided under this section may be treated as amounts not de- rived from a Federal grant. (6) Applicability of home program cost limita- tions (A) In general The provisions of section 212(e) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(e)) and the cost limits established by the Secretary pursuant to such section with respect to the amount of funds under subtitle A of title II of such Act [42 U.S.C. 12741 et seq.] that may be in- vested on a per unit basis, shall apply to sup- portive housing assisted with a capital ad- vance under subsection (d)(1) and the amount of funds under such subsection that may be invested on a per unit basis. (B) Waivers The Secretary may provide for waiver of the cost limits applicable pursuant to sub- paragraph (A)— (i) in the cases in which the cost limits established pursuant to section 212(e) of the Cranston-Gonzalez National Affordable Housing Act may be waived; and (ii) to provide for— (I) the cost of special design features to make the housing accessible to per- sons with disabilities; (II) the cost of special design features necessary to make individual dwelling units meet the special needs of persons with disabilities; and (III) the cost of providing the housing in a location that is accessible to public transportation and community organiza- tions that provide supportive services to persons with disabilities. (i) Admission and occupancy (1) Tenant selection (A) Procedures An owner shall adopt written tenant selec- tion procedures that are satisfactory to the Secretary as (i) consistent with the purpose of improving housing opportunities for very low-income persons with disabilities; and (ii) reasonably related to program eligibility and an applicant’s ability to perform the ob- Page 7526 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 3 So in original. The word ‘‘opportunity’’ probably should be followed by a period. ligations of the lease. Owners shall promptly notify in writing any rejected applicant of the grounds for any rejection. (B) Requirement for occupancy Occupancy in dwelling units provided as- sistance under this section shall be available only to persons with disabilities and house- holds that include at least one person with a disability. (C) Availability Except only as provided in subparagraph (D), occupancy in dwelling units in housing provided with assistance under this section shall be available to all persons with disabil- ities eligible for such occupancy without re- gard to the particular disability involved. (D) Limitation on occupancy Notwithstanding any other provision of law, the owner of housing developed under this section may, with the approval of the Secretary, limit occupancy within the hous- ing to persons with disabilities who can ben- efit from the supportive services offered in connection with the housing. (2) Tenant protections (A) Lease The lease between a tenant and an owner of housing assisted under this section shall be for not less than one year, and shall con- tain such terms and conditions as the Sec- retary shall determine to be appropriate. (B) Termination of tenancy An owner may not terminate the tenancy or refuse to renew the lease of a tenant of a rental dwelling unit assisted under this sec- tion except— (i) for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause; and (ii) by providing the tenant, not less than 30 days before such termination or re- fusal to renew, with written notice speci- fying the grounds for such action. (C) Voluntary participation in services A supportive service plan for housing as- sisted under this section shall permit each resident to take responsibility for choosing and acquiring their own services, to receive any supportive services made available di- rectly or indirectly by the owner of such housing, or to not receive any supportive services. (j) Miscellaneous provisions (1) Technical assistance The Secretary shall make available appro- priate technical assistance to assure that ap- plicants having limited resources, particularly minority applicants, are able to participate more fully in the program carried out under this section. (2) Civil rights compliance Each owner shall certify, to the satisfaction of the Secretary, that assistance made avail- able under this section will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Fair Housing Act [42 U.S.C. 3601 et seq.] and other Federal, State, and local laws prohibiting discrimination and promoting equal opportunity; and 3 (3) Site control An applicant may obtain ownership or con- trol of a suitable site different from the site specified in the initial application. If an appli- cant fails to obtain ownership or control of the site within 1 year after notification of an award for assistance, the assistance shall be recaptured and reallocated. (4) Notice of appeal The Secretary shall notify an owner not less than 30 days prior to canceling any reserva- tion of assistance provided under this section. During the 30-day period following the receipt of a notice under the preceding sentence, an owner may appeal the proposed cancellation. Such appeal, including review by the Sec- retary, shall be completed not later than 45 days after the appeal is filed. (5) Labor standards (A) In general The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors and subcontractors in the construction of hous- ing with 12 or more units assisted under this section shall be paid wages at rates not less than those prevailing in the locality in- volved for the corresponding classes of labor- ers and mechanics employed on construction of a similar character, as determined by the Secretary of Labor in accordance with sec- tions 3141–3144, 3146, and 3147 of title 40. (B) Exemption Subparagraph (A) shall not apply to any individual who— (i) performs services for which the indi- vidual volunteered; (ii)(I) does not receive compensation for such services; or (II) is paid expenses, reasonable benefits, or a nominal fee for such services; and (iii) is not otherwise employed at any time in the construction work. (6) Use of project reserves Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reduc- ing the number of dwelling units in the project. Such use shall be subject to the ap- proval of the Secretary to ensure that the use is designed to retrofit units that are currently obsolete or unmarketable. (7) Carbon monoxide alarms Each dwelling unit assisted under this sec- tion shall contain installed carbon monoxide alarms or detectors that meet or exceed— (A) the standards described in chapters 9 and 11 of the 2018 publication of the Inter- Page 7527 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 national Fire Code, as published by the International Code Council; or (B) any other standards as may be adopted by the Secretary, including any relevant up- dates to the International Fire Code, through a notice published in the Federal Register. (8) Qualifying smoke alarms (A) In general Each dwelling unit assisted under this sec- tion shall contain qualifying smoke alarms that are installed in accordance with appli- cable codes and standards published by the International Code Council or the National Fire Protection Association and the require- ments of the National Fire Protection Asso- ciation Standard 72, or any successor stand- ard, in each level and in or near each sleep- ing 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. (B) Definitions For purposes of this paragraph, the fol- lowing definitions shall apply: (i) Smoke alarm defined The term ‘‘smoke alarm’’ has the mean- ing given the term ‘‘smoke detector’’ in section 2225(d) of title 15. (ii) 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 sub- stantially rehabilitated after December 29, 2022— (aa)(AA) is hardwired; or (BB) uses 10-year non rechargeable, nonreplaceable primary batteries and is sealed, is tamper resistant, and con- tains silencing means; and (bb) 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 De- cember 29, 2022, is hardwired. (k) Definitions As used in this section— (1) The term ‘‘group home’’ means a single family residential structure designed or adapt- ed for occupancy by not more than 8 persons with disabilities, which provides a separate bedroom for each tenant of the residence. The Secretary may waive the project size limita- tion contained in the previous sentence if the applicant demonstrates that local market con- ditions dictate the development of a larger project. Not later than the date of the exercise of any waiver permitted under the previous sentence, the Secretary shall notify the Com- mittee on Banking, Housing, and Urban Af- fairs of the Senate and the Committee on Fi- nancial Services of the House of Representa- tives of the waiver or the intention to exercise the waiver, together with a detailed expla- nation of the reason for the waiver. Not more than 1 home may be located on any one site and no such home may be located on a site contiguous to another site containing such a home. (2) The term ‘‘person with disabilities’’ means a household composed of one or more persons who is 18 years of age or older and less than 62 years of age, and who has a disability. A person shall be considered to have a dis- ability if such person is determined, pursuant to regulations issued by the Secretary to have a physical, mental, or emotional impairment which (A) is expected to be of long-continued and indefinite duration, (B) substantially im- pedes his or her ability to live independently, and (C) is of such a nature that such ability could be improved by more suitable housing conditions. A person shall also be considered to have a disability if such person has a devel- opmental disability as defined in section 15002 of this title. The Secretary shall prescribe such regulations as may be necessary to pre- vent abuses in determining, under the defini- tions contained in this paragraph, the eligi- bility of families and persons for admission to and occupancy of housing assisted under this section. Notwithstanding the preceding provi- sions of this paragraph, the term ‘‘person with disabilities’’ includes two or more persons with disabilities living together, one or more such persons living with another person who is determined (under regulations prescribed by the Secretary) to be important to their care or well-being, and the surviving member or mem- bers of any household described in the first sentence of this paragraph who were living, in a unit assisted under this section, with the de- ceased member of the household at the time of his or her death. (3) The term ‘‘supportive housing for persons with disabilities’’ means dwelling units that— (A) are designed to meet the permanent housing needs of very low-income persons with disabilities; and (B) are located in housing that make avail- able supportive services that address the in- dividual health, mental health, or other needs of such persons. (4) The term ‘‘independent living facility’’ means a project designed for occupancy by not more than 24 persons with disabilities (or such higher number of persons as permitted under criteria that the Secretary shall prescribe) in separate dwelling units where each dwelling unit includes a kitchen and a bath. Not later than the date that the Secretary prescribes a limit exceeding the 24 person limit in the pre- vious sentence, the Secretary shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representa- tives of the limit or the intention to prescribe a limit in excess of 24 persons, together with a detailed explanation of the reason for the new limit. (5) The term ‘‘owner’’ means a private non- profit organization that receives assistance under this section to develop and operate sup- portive housing for persons with disabilities. Page 7528 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 4 See Codification note below. (6) The term ‘‘private nonprofit organiza- tion’’ means any institution or foundation— (A) that has received, or has temporary clearance to receive, tax-exempt status under section 501(c)(3) of title 26; (B) no part of the net earnings of which in- ures to the benefit of any member, founder, contributor, or individual; (C) which has a governing board (i) the membership of which is selected in a manner to assure that there is significant represen- tation of the views of persons with disabil- ities, and (ii) which is responsible for the op- eration of the housing assisted under this section; and (D) which is approved by the Secretary as to financial responsibility. Such term includes a for-profit limited part- nership the sole general partner of which is an organization meeting the requirements under subparagraphs (A), (B), (C), and (D) or a cor- poration controlled by an organization meet- ing the requirements under subparagraphs (A), (B), (C), and (D). (7) The term ‘‘State’’ includes the several States, the District of Columbia, the Common- wealth of Puerto Rico, and the possessions of the United States. (8) The term ‘‘Secretary’’ means the Sec- retary of Housing and Urban Development. (9) The term ‘‘very low-income’’ has the same meaning as given the term ‘‘very low-in- come families’’ under section 1437a(b)(2) of this title. (l) Allocation of funds (1) Minimum allocation for multifamily projects The Secretary shall establish a minimum percentage of the amount made available for each fiscal year for capital advances under subsection (d)(1) that shall be used for multi- family projects subject to subsection (e)(4). (2) Capital advances Of any amounts made available for assist- ance under subsection (b), such sums as may be necessary shall be available for funding capital advances in accordance with sub- section (d)(1). Such amounts, the repayments from such advances, and the proceeds from notes or obligations issued under this section prior to November 28, 1990,4 shall constitute a revolving fund to be used by the Secretary in carrying out this section. (3) Project rental assistance Of any amounts made available for assist- ance under subsection (b), such sums as may be necessary shall be available for funding project rental assistance in accordance with subsection (d)(2). (m) Authorization of appropriations There are authorized to be appropriated for providing assistance pursuant to this section $300,000,000 for each of fiscal years 2011 through 2015. (n) Effective date and applicability (1) In general The amendments made by this section shall take effect on October 1, 1991, with respect to projects approved on or after such date. The Secretary shall issue regulations for such pur- pose after notice and public comment. (2) Earlier applicability The Secretary shall, upon the request of an owner, apply the provisions of this section to any housing for which a loan reservation was made under section 1701q of title 12 before No- vember 28, 1990,4 but for which no loan has been executed and recorded. In the absence of such a request, any housing identified under the preceding sentence shall continue to be subject to the provisions of section 1701q of title 12 as they were in effect when such assist- ance was made or reserved. (3) Coordination When responding to an owner’s request under paragraph (1), the Secretary shall, not- withstanding any other provision of law, apply such portion of amounts obligated at the time of loan reservation, including amounts re- served with respect to such housing under sec- tion 1437f of this title, as are required for the owner’s housing under the provisions of this section and shall make any remaining portion available for other housing under this section. (Pub. L. 101–625, title VIII, § 811, Nov. 28, 1990, 104 Stat. 4324; Pub. L. 102–27, title II, Apr. 10, 1991, 105 Stat. 150; Pub. L. 102–550, title VI, §§ 601(d), 603, 623(a), title IX, § 913(b), Oct. 28, 1992, 106 Stat. 3803, 3805, 3818, 3877; Pub. L. 106–74, title V, §§ 512, 524(a), Oct. 20, 1999, 113 Stat. 1101, 1106; Pub. L. 106–402, title IV, § 401(b)(11), Oct. 30, 2000, 114 Stat. 1739; Pub. L. 106–569, title VIII, §§ 822, 841–845, Dec. 27, 2000, 114 Stat. 3020, 3022, 3023; Pub. L. 111–374, §§ 2(a), 3–6, Jan. 4, 2011, 124 Stat. 4089–4098; Pub. L. 116–260, div. Q, title I, § 101(d), Dec. 27, 2020, 134 Stat. 2164; Pub. L. 117–328, div. AA, title VI, § 601(c), Dec. 29, 2022, 136 Stat. 5545.) Editorial Notes REFERENCES IN TEXT The HOME Investment Partnerships Act, referred to in subsec. (b)(3)(C)(ii)(II), is title II of Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4094, which is classified prin- cipally to subchapter II (§ 12721 et seq.) of chapter 130 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. The Social Security Act, referred to in subsecs. (b)(3)(D) and (d)(2), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVI and XIX of the Act are classified generally to subchapters XVI (§ 1381 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The amendments made by such Act, referred to in subsec. (b)(3)(F)(ii), probably means the amendments made by Pub. L. 111–374, Jan. 4, 2011, 124 Stat. 4089, known as the Frank Melville Supportive Housing In- vestment Act of 2010, which amended this section. For complete classification of this Act to the Code, see Short Title of 2010 Amendment note set out under sec- tion 8001 of this title and Tables. Section 1441a of title 12, referred to in subsec. (h)(2), was repealed by Pub. L. 111–203, title III, § 364(b), July 21, 2010, 124 Stat. 1555. Page 7529 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 The Cranston-Gonzalez National Affordable Housing Act, referred to in subsec. (h)(6)(A), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079. Subtitle A of title II of the Act is classified generally to part A (§ 12741 et seq.) of subchapter II of chapter 130 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (j)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Fair Housing Act, referred to in subsec. (j)(2), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I of chap- ter 45 (§ 3601 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. CODIFICATION Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Congregate Housing Services Act of 1978 which com- prises this chapter. In subsec. (j)(6)(A), ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Act of March 3, 1931 (commonly known as the Davis-Bacon Act)’’ on author- ity of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. November 28, 1990, referred to in subsecs. (l)(2) and (n)(2), was in the original ‘‘the enactment of this Act’’ and ‘‘the date of enactment of this Act’’, respectively, see Enactment of Section note below. AMENDMENTS 2022—Subsec. (j)(8). Pub. L. 117–328 added par. (8). 2020—Subsec. (j)(7). Pub. L. 116–260 added par. (7). 2011—Subsec. (a)(2). Pub. L. 111–374, § 5(1)(B)(i), sub- stituted ‘‘makes available’’ for ‘‘provides’’. Subsec. (a)(3). Pub. L. 111–374, § 5(1)(A), (B)(ii), (C), added par. (3). Subsec. (b). Pub. L. 111–374, § 4(1), substituted ‘‘is au- thorized to take the following actions:’’ for ‘‘is author- ized—’’ in introductory provisions. Subsec. (b)(1). Pub. L. 111–374, § 4(2), inserted heading and substituted ‘‘To provide tenant-based’’ for ‘‘to pro- vide tenant-based’’ and a period for ‘‘; and’’. Subsec. (b)(2). Pub. L. 111–374, § 4(3), inserted heading and substituted ‘‘To provide assistance’’ for ‘‘to provide assistance’’. Subsec. (b)(3). Pub. L. 111–374, § 4(4), added par. (3). Subsec. (c)(1). Pub. L. 111–374, § 5(2)(A), substituted ‘‘housing and community-based services’’ for ‘‘special’’. Subsec. (c)(2)(A). Pub. L. 111–374, § 5(2)(B)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘provide persons with disabilities occu- pying such housing with supportive services that ad- dress their individual needs;’’. Subsec. (c)(2)(B). Pub. L. 111–374, § 5(2)(B)(ii), sub- stituted ‘‘activities;’’ for ‘‘activities,’’. Subsec. (d)(1). Pub. L. 111–374, § 5(3), substituted ‘‘pro- vided pursuant to subsection (b)(1) shall bear’’ for ‘‘pro- vided under subsection (b)(2) shall bear’’. Subsec. (d)(2). Pub. L. 111–374, § 3(a)(1), designated ex- isting provisions as subpar. (A), inserted heading and ‘‘comply with subsection (e)(2) and shall’’ before ‘‘obli- gate’’ in first sentence, substituted ‘‘amount provided under the contract for each year covered by the con- tract’’ for ‘‘annual contract amount’’ in two places, and added subpar. (B). Subsec. (d)(4). Pub. L. 111–374, § 2(a), amended par. (4) generally. Prior to amendment, par. (4) related to ten- ant-based rental assistance provided through a public housing agency or a private nonprofit organization. Subsec. (e). Pub. L. 111–374, § 3(b)(1)(A), substituted ‘‘Program requirements’’ for ‘‘Term of commitment’’ in heading. Subsec. (e)(1). Pub. L. 111–374, § 3(b)(1)(B), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘All units in housing assisted under subsection (b)(2) shall be made available for oc- cupancy by very low-income persons with disabilities for not less than 40 years.’’ Subsec. (e)(2). Pub. L. 111–374, § 3(a)(2), inserted ‘‘, except that, in the case of the sponsor of a project assisted with any low-income housing tax credit pursu- ant to section 42 of title 26 or with any tax-exempt housing bonds, the contract shall have an initial term of not less than 360 months and shall provide funding for a term of 60 months’’ after ‘‘240 months’’ and sub- stituted ‘‘upon expiration of a contract (or any renewed contract), renew such contract’’ for ‘‘extend any expir- ing contract’’. Subsec. (e)(3), (4). Pub. L. 111–374, § 3(b)(1)(C), added pars. (3) and (4). Subsec. (f)(3)(B). Pub. L. 111–374, § 5(4)(A)(i), sub- stituted ‘‘be offered’’ for ‘‘receive’’. Subsec. (f)(3)(C). Pub. L. 111–374, § 5(4)(A)(ii), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘evidence of the applicant’s (or a des- ignated service provider’s) experience in providing such supportive services;’’. Subsec. (f)(3)(D). Pub. L. 111–374, § 5(4)(A)(iii), sub- stituted ‘‘tenants’’ for ‘‘such persons, including evi- dence of such residential supervision as the Secretary determines is necessary to facilitate the adequate pro- vision of such services’’. Subsec. (f)(3)(E). Pub. L. 111–374, § 5(4)(A)(iv), inserted ‘‘other Federal, and’’ before ‘‘State’’. Subsec. (f)(4). Pub. L. 111–374, § 5(4)(B), substituted ‘‘housing and community-based services’’ for ‘‘special’’. Subsec. (g). Pub. L. 111–374, § 3(c), substituted ‘‘Selec- tion criteria and processing’’ for ‘‘Selection criteria’’ in subsec. heading, designated existing provisions as par. (1), inserted par. heading, redesignated former pars. (1) to (5), (6), and (7) as subpars. (A) to (E), (G), and (H), re- spectively, of par. (1), and added par. (2). Subsec. (g)(1)(D). Pub. L. 111–374, § 5(5)(A), substituted ‘‘appropriate supportive services will be made avail- able’’ for ‘‘the necessary supportive services will be provided’’. Subsec. (g)(1)(E). Pub. L. 111–374, § 5(5)(B), added sub- par. (E) and struck out former subpar. (E) which read as follows: ‘‘the extent to which the proposed design of the housing will accommodate the provision of such services;’’. Subsec. (g)(1)(F). Pub. L. 111–374, § 3(d), added subpar. (F). Subsec. (h)(1). Pub. L. 111–374, § 3(f)(1), substituted ‘‘Group homes’’ for ‘‘In general’’ in heading and ‘‘group homes’’ for ‘‘various types and sizes’’ in introductory provisions, redesignated subpars. (F) and (G) as (E) and (F), respectively, and struck out former subpar. (E) which read as follows: ‘‘the cost of congregate space necessary to accommodate the provision of supportive services to persons with disabilities;’’. Subsec. (h)(3). Pub. L. 111–374, § 3(f)(2), inserted ‘‘es- tablished pursuant to paragraph (1)’’ after ‘‘cost limita- tion’’. Subsec. (h)(6). Pub. L. 111–374, § 3(f)(3), added par. (6). Subsec. (i). Pub. L. 111–374, § 3(e), added subsec. (i) and struck out former subsec. (i) which related to tenant selection. Subsec. (j)(4) to (7). Pub. L. 111–374, § 5(6), redesig- nated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: ‘‘The Secretary may require an owner to deposit an amount not to exceed $10,000 in a special escrow account to assure the owner’s commit- ment to the housing.’’ Subsec. (k)(1). Pub. L. 111–374, § 5(7)(A), inserted ‘‘, which provides a separate bedroom for each tenant of the residence’’ before period at end of first sentence. Pub. L. 111–374, § 3(g)(1), inserted after second sen- tence ‘‘Not later than the date of the exercise of any waiver permitted under the previous sentence, the Sec- retary shall notify the Committee on Banking, Hous- Page 7530 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 ing, and Urban Affairs of the Senate and the Com- mittee on Financial Services of the House of Rep- resentatives of the waiver or the intention to exercise the waiver, together with a detailed explanation of the reason for the waiver.’’ Subsec. (k)(2). Pub. L. 111–374, § 5(7)(B), substituted ‘‘The term ‘person with disabilities’ means a household composed of one or more persons who is 18 years of age or older and less than 62 years of age, and who has a disability.’’ for ‘‘The term ‘person with disabilities’ means a household composed of one or more persons at least one of whom is an adult who has a disability.’’ Subsec. (k)(3). Pub. L. 111–374, § 5(7)(C), added par. (3) and struck out former par. (3) which read as follows: ‘‘The term ‘supportive housing for persons with disabil- ities’ means housing that— ‘‘(A) is designed to meet the special needs of per- sons with disabilities, and ‘‘(B) provides supportive services that address the individual health, mental health or other special needs of such persons.’’ Subsec. (k)(4). Pub. L. 111–374, § 3(g)(2), substituted ‘‘prescribe)’’ for ‘‘prescribe, subject to the limitation under subsection (h)(6))’’ and inserted at end ‘‘Not later than the date that the Secretary prescribes a limit ex- ceeding the 24 person limit in the previous sentence, the Secretary shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate and the Com- mittee on Financial Services of the House of Rep- resentatives of the limit or the intention to prescribe a limit in excess of 24 persons, together with a detailed explanation of the reason for the new limit.’’ Subsec. (k)(5). Pub. L. 111–374, § 5(7)(D), struck out ‘‘a project for’’ before ‘‘supportive housing’’. Subsec. (k)(6). Pub. L. 111–374, § 5(7)(E)(ii), which di- rected striking out ‘‘wholly owned and’’ in the matter inserted by the amendment made by subparagraph (A) of this paragraph, was executed by striking out ‘‘whol- ly owned and’’ after ‘‘corporation’’ in concluding provi- sions as inserted by section 5(7)(E)(i) of Pub. L. 111–374, to reflect the probable intent of Congress. See below. Pub. L. 111–374, § 5(7)(E)(i), inserted as concluding pro- visions the matter directed to be inserted as concluding provisions after section 811(k)(6)(D) of the Housing Act of 1959 by section 841 of Pub. L. 106–569. See 2000 Amend- ment note below. Subsec. (l)(1). Pub. L. 111–374, § 3(h), amended par. (1) generally. Prior to amendment, text read as follows: ‘‘Of any amount made available for assistance under this section in any fiscal year, an amount shall be used for assistance under subsection (b)(2) that is not less than the amount made available in appropriation Acts for such assistance in the preceding year.’’ Subsec. (l)(2). Pub. L. 111–374, § 5(8)(A), substituted ‘‘subsection (d)(1)’’ for ‘‘subsection (c)(1)’’. Subsec. (l)(3). Pub. L. 111–374, § 5(8)(B), substituted ‘‘subsection (d)(2)’’ for ‘‘subsection (c)(2)’’. Subsec. (l)(4). Pub. L. 111–374, § 3(b)(2), struck out par. (4). Text read as follows: ‘‘Of any amounts made avail- able for any fiscal year and used for capital advances or project rental assistance under paragraphs (1) and (2) of subsection (d), not more than 25 percent may be used for supportive housing which contains more than 24 separate dwelling units.’’ Subsec. (m). Pub. L. 111–374, § 6, amended subsec. (m) generally, substituting authorization of appropriations for fiscal years 2011 through 2015 for authorization of appropriations for fiscal years 2001, 2002, and 2003. 2000—Subsec. (d)(4). Pub. L. 106–569, § 843(1), added par. (4) and struck out heading and text of former par. (4). Text read as follows: ‘‘Tenant-based rental assistance provided under subsection (b)(1) may be provided only through a public housing agency that has submitted, and had approved, an allocation plan under section 1437e(f) of this title, and a public housing agency shall be eligible to apply under this section only for the pur- poses of providing such assistance. Such assistance shall be made available to eligible persons with disabil- ities and administered under the same rules that gov- ern rental assistance made available under section 1437f of this title. In determining the amount of assistance provided under subsection (b)(1) for a public housing agency, the Secretary shall consider the needs of the agency as described in the allocation plan.’’ Subsec. (h)(1). Pub. L. 106–569, § 845, inserted at end of concluding provisions ‘‘Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the commu- nity in which the project is located, except that assist- ance made available under this section may not be used to subsidize any such commercial facility.’’ Subsec. (h)(5). Pub. L. 106–569, § 842, substituted ‘‘sources other than this section’’ for ‘‘non-Federal sources’’ and inserted at end ‘‘Notwithstanding any other provision of law, assistance amounts provided under this section may be treated as amounts not de- rived from a Federal grant.’’ Subsec. (j)(7). Pub. L. 106–569, § 844, added par. (7). Subsec. (k)(2). Pub. L. 106–402 substituted ‘‘as defined in section 15002 of this title’’ for ‘‘as defined in section 6001(7) of this title’’ in third sentence. Subsec. (k)(6). Pub. L. 106–569, § 841, which directed in- sertion of concluding provisions after section 811(k)(6)(D) of the Housing Act of 1959, could not be exe- cuted because there is no section 811 of the Housing Act of 1959. Subsec. (l)(1). Pub. L. 106–569, § 843(2), substituted ‘‘subsection (b)(2)’’ for ‘‘subsection (b)’’ and struck out before period at end ‘‘, and the remainder shall be available for tenant-based assistance under subsection (n)’’. Subsec. (m). Pub. L. 106–569, § 822, added subsec. (m) and struck out heading and text of former subsec. (m). Text read as follows: ‘‘There is authorized to be appro- priated for providing assistance under this section $201,000,000 for fiscal year 2000.’’ 1999—Subsec. (k)(4). Pub. L. 106–74, § 524(a)(1), inserted ‘‘, subject to the limitation under subsection (h)(6)’’ after ‘‘prescribe’’. Subsec. (l)(4). Pub. L. 106–74, § 524(a)(2), added par. (4). Subsecs. (m), (n). Pub. L. 106–74, § 512, added subsec. (m) and redesignated former subsec. (m) as (n). 1992—Pub. L. 102–550, § 623(a)(1), reenacted section catchline without change. Subsec. (b). Pub. L. 102–550, § 623(a)(2), added heading, introductory provisions, and pars. (1) and (2) and struck out former heading ‘‘General authority’’, introductory provisions, and pars. (1) and (2) which authorized assist- ance to private, nonprofit organizations to expand the supply of supportive housing for persons with disabil- ities, which assistance would be provided as capital ad- vances and contracts for project rental assistance, and, in concluding provisions, realigned margin and sub- stituted ‘‘assistance under this paragraph’’ for ‘‘Such assistance’’. Subsec. (d)(1). Pub. L. 102–550, § 623(a)(3)(A), which di- rected the substitution of ‘‘subsection (b)(2)’’ for ‘‘this section’’, was executed by making the substitution the first place appearing in first sentence, to reflect the probable intent of Congress. Subsec. (d)(3). Pub. L. 102–550, § 623(a)(3)(A), sub- stituted ‘‘subsection (b)(2)’’ for ‘‘this section’’. Subsec. (d)(4). Pub. L. 102–550, § 623(a)(3)(B), added par. (4). Subsec. (e)(1). Pub. L. 102–550, § 623(a)(4), substituted ‘‘subsection (b)(2)’’ for ‘‘this section’’. Subsec. (f). Pub. L. 102–550, § 623(a)(5), substituted ‘‘subsection (b)(2)’’ for ‘‘this section’’ in first and sec- ond sentences. Subsec. (g). Pub. L. 102–550, § 623(a)(6), which directed the substitution of ‘‘subsection (b)(2)’’ for ‘‘this sec- tion’’, was executed by making the substitution in the introductory provisions and in par. (7), to reflect the probable intent of Congress. Subsec. (j)(6). Pub. L. 102–550, § 913(b), designated ex- isting provisions as subpar. (A), inserted subpar. head- ing, substituted ‘‘with 12 or more units assisted under this section’’ for ‘‘assisted under this section and de- Page 7531 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8013 signed for dwelling use by 12 or more persons with dis- abilities’’, inserted ‘‘commonly known as’’ before ‘‘the Davis-Bacon Act’’, struck out before period at end ‘‘; but the Secretary may waive the application of this paragraph in cases or classes of cases where laborers or mechanics, not otherwise employed at any time in the construction of such housing, voluntarily donate their services without full compensation for the purposes of lowering the costs of construction and the Secretary determines that any amounts saved thereby are fully credited to the corporation, cooperative, or public body or agency undertaking the construction’’, and added subpar. (B). Subsec. (k)(6). Pub. L. 102–550, § 603, struck out ‘‘incor- porated private’’ before ‘‘institution’’ in introductory provisions, added subpar. (A), and redesignated former subpars. (A) to (C) as (B) to (D), respectively. Subsec. (l). Pub. L. 102–550, § 601(d)(1), substituted ‘‘Al- location of funds’’ for ‘‘Authorizations’’ in heading. Subsec. (l)(1). Pub. L. 102–550, § 601(d)(5), added par. (1). Former par. (1) redesignated (2). Pub. L. 102–550, § 601(d)(2), inserted first sentence, struck out former first sentence which authorized an appropriation of $271,000,000 for fiscal year 1992 for the purpose of funding capital advances in accordance with subsection (d)(1) of this section, and in second sentence, substituted ‘‘Such amounts’’ for ‘‘Amounts so appro- priated’’. Subsec. (l)(2). Pub. L. 102–550, § 601(d)(4), redesignated par. (1) as (2). Former par. (2) redesignated (3). Pub. L. 102–550, § 601(d)(3), added par. (2) and struck out former par. (2) which read as follows: ‘‘For the pur- pose of funding contracts for project rental assistance in accordance with subsection (d)(2) of this section, the Secretary may, to the extent approved in an appropria- tions Act, reserve authority to enter into obligations aggregating $246,000,000 for fiscal year 1992.’’ Subsec. (l)(3). Pub. L. 102–550, § 601(d)(4), redesignated par. (2) as (3). 1991—Subsec. (k)(4). Pub. L. 102–27 substituted ‘‘24 persons with disabilities (or such higher number of per- sons as permitted under criteria that the Secretary shall prescribe)’’ for ‘‘20 persons with disabilities’’. 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. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by title VIII of Pub. L. 106–569 effective Dec. 27, 2000, unless effectiveness or applicability upon another date certain is specifically provided for, with provisions relating to effect of regulatory authority, see section 803 of Pub. L. 106–569, set out as a note under section 1701q of Title 12, Banks and Banking. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by subtitles B through F of title VI [§§ 621–685] of Pub. L. 102–550 applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as oth- erwise provided, see section 13642 of this title. ENACTMENT OF SECTION This section was enacted as part of Pub. L. 101–625, which was approved Nov. 28, 1990. However, this section was deemed enacted as of Nov. 5, 1990, by Pub. L. 101–507, title II, Nov. 5, 1990, 104 Stat. 1358, set out as an Effective Date of 1990 Amendment 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. INAPPLICABILITY OF CERTAIN 1992 AMENDMENTS TO INDIAN PUBLIC HOUSING Amendment by section 623(a) of Pub. L. 102–550 not applicable with respect to lower income housing devel- oped or operated pursuant to contract between Sec- retary of Housing and Urban Development and Indian housing authority, see section 626 of Pub. L. 102–550, set out as a note under section 1437a of this title. PROVISION OF TECHNICAL ASSISTANCE Pub. L. 111–374, § 2(b), Jan. 4, 2011, 124 Stat. 4090, pro- vided that: ‘‘The Secretary is authorized to the extent amounts are made available in future appropriations Acts, to provide technical assistance to public housing agencies and other administering entities to facilitate using vouchers to provide permanent supportive hous- ing for persons with disabilities, help States reduce re- liance on segregated restrictive settings for people with disabilities to meet community care requirements, end chronic homelessness, as ‘chronically homeless’ is de- fined in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361), and for other related purposes.’’ RENTAL ASSISTANCE CONTRACT OBLIGATIONS Pub. L. 111–117, div. A, title II, Dec. 16, 2009, 123 Stat. 3088, as amended by Pub. L. 112–10, div. B, title XII, § 2256, Apr. 15, 2011, 125 Stat. 197, provided in part: ‘‘That amounts obligated for initial project rental assistance contracts from amounts appropriated in fiscal year 2003 and thereafter shall remain available for the purpose of paying such obligations incurred prior to the expira- tion of such amounts for a 10 year period following such expiration’’. CHAPTER 90—NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND REVITAL- IZATION SUBCHAPTER I—NEIGHBORHOOD REINVESTMENT CORPORATION Sec. 8101. Congressional findings and declaration of pur- pose. 8102. Neighborhood Reinvestment Corporation. 8103. Board of Directors. 8104. Officers and employees. 8105. Powers and duties of corporation. 8106. Reports and audits. 8107. Appropriations. 8108. Warnings to homeowners of foreclosure res- cue scams. SUBCHAPTER II—NEIGHBORHOOD SELF-HELP DEVELOPMENT 8121 to 8124. Repealed. SUBCHAPTER III—LIVABLE CITIES 8141. Congressional findings. 8142. Statement of purpose. 8143. Definitions. 8144. Grants to or contracts with organizations. 8145. Coordination and development of program with other Federal and non-Federal pro- grams. 8146. Authorization of appropriations.