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42 U.S.C. § 12839 — Termination of existing housing pro-

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

42 U.S.C. § 12839 — Termination of existing housing pro-

Page 8483 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12851 that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period begin- ning on that date, see section 209 of Pub. L. 103–233, set out as a note under section 5301 of this title. § 12839. Termination of existing housing pro- grams (a) In general Except with respect to projects and programs for which binding commitments have been en- tered into prior to October 1, 1991, no new grants or loans shall be made after October 1, 1991, under— (1) section 17 of the United States Housing Act of 1937 [42 U.S.C. 1437o]; (2) section 312 of the Housing Act of 1964 [42 U.S.C. 1452b]; (3) title VI of the Housing and Community Development Act of 1987; (4) section 8(e)(2) of the United States Hous- ing Act of 1937 [42 U.S.C. 1437f(e)(2)], except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless As- sistance Act [42 U.S.C. 11360 et seq.]; and (5) section 810 of the Housing and Commu- nity Development Act of 1974 [12 U.S.C. 1706e]. (b) Repeals (1) In general Except as provided in paragraph (2), effective on October 1, 1991, the provisions of law re- ferred to in subsection (a) are repealed. (2) No effect on SRO program The provision of law referred to in sub- section (a)(4) shall remain in effect with re- spect to single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11360 et seq.]. (c) Disposition of repayments Any amounts received on or after October 1, 1991, as repayments or recaptures in connection with the programs referred to in subsection (a) and any other amounts for

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Page 8483 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12851 that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period begin- ning on that date, see section 209 of Pub. L. 103–233, set out as a note under section 5301 of this title. § 12839. Termination of existing housing pro- grams (a) In general Except with respect to projects and programs for which binding commitments have been en- tered into prior to October 1, 1991, no new grants or loans shall be made after October 1, 1991, under— (1) section 17 of the United States Housing Act of 1937 [42 U.S.C. 1437o]; (2) section 312 of the Housing Act of 1964 [42 U.S.C. 1452b]; (3) title VI of the Housing and Community Development Act of 1987; (4) section 8(e)(2) of the United States Hous- ing Act of 1937 [42 U.S.C. 1437f(e)(2)], except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless As- sistance Act [42 U.S.C. 11360 et seq.]; and (5) section 810 of the Housing and Commu- nity Development Act of 1974 [12 U.S.C. 1706e]. (b) Repeals (1) In general Except as provided in paragraph (2), effective on October 1, 1991, the provisions of law re- ferred to in subsection (a) are repealed. (2) No effect on SRO program The provision of law referred to in sub- section (a)(4) shall remain in effect with re- spect to single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11360 et seq.]. (c) Disposition of repayments Any amounts received on or after October 1, 1991, as repayments or recaptures in connection with the programs referred to in subsection (a) and any other amounts for such programs that remain or become unobligated on or after such date, shall be paid into the general fund of the Treasury. (Pub. L. 101–625, title II, § 289, Nov. 28, 1990, 104 Stat. 4128; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675.) Editorial Notes REFERENCES IN TEXT Title VI of the Housing and Community Development Act of 1987 [Pub. L. 100–242], referred to in subsec. (a)(3), is set out as a note under section 1715l of Title 12, Banks and Banking. The McKinney-Vento Homeless Assistance Act, re- ferred to in subsecs. (a)(4) and (b)(2), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Title IV of the Act is classi- fied generally to subchapter IV (§ 11360 et seq.) of chap- ter 119 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 11301 of this title and Tables. AMENDMENTS 2000—Subsecs. (a)(4), (b)(2). Pub. L. 106–400 substituted ‘‘McKinney-Vento Homeless Assistance Act’’ for ‘‘Stewart B. McKinney Homeless Assistance Act’’. § 12840. Suspension of requirements for disaster areas For funds designated under this subchapter by a recipient to address the damage in an area for which the President has declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5170 et seq.], the Secretary may suspend all stat- utory requirements for purposes of assistance under this subchapter for that area, except for those related to public notice of funding avail- ability, nondiscrimination, fair housing, labor standards, environmental standards, and low-in- come housing affordability. (Pub. L. 101–625, title II, § 290, as added Pub. L. 103–233, title II, § 208, Apr. 11, 1994, 108 Stat. 366.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 88 Stat. 143. Title IV of the Act is classified generally to subchapter IV (§ 5170 et seq.) of chapter 68 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to any amounts made available to carry out this subchapter after Apr. 11, 1994, and any amounts made available to carry out this subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out this section not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as an Effective Date of 1994 Amendment note under section 5301 of this title. SUBCHAPTER III—NATIONAL HOMEOWNERSHIP TRUST DEMONSTRATION § 12851. National Homeownership Trust (a) Establishment There is established the National Homeowner- ship Trust, which shall be in the Department of Housing and Urban Development and shall pro- vide assistance to first-time homebuyers in ac- cordance with this subchapter. (b) Board of Directors The Trust shall be governed by a Board of Di- rectors, which shall be composed of— (1) the Secretary of Housing and Urban De- velopment, who shall be the chairperson of the Board; (2) the Secretary of the Treasury; (3) the chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (4) the chairperson of the Federal Housing Finance Board; (5) the chairperson of the Board of Directors of the Federal National Mortgage Association; (6) the chairperson of the Board of Directors of the Federal Home Loan Mortgage Corpora- tion; and (7) 1 individual representing consumer inter- ests, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate.

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

12 U.S.C. § 1706e — Repealed. Pub. L. 90–19, § 5(c), May 25, 1967, 81 Stat. 21

### Statutory Notes Section, act Aug. 10, 1948, ch. 832, title III, § 304, as added July 15, 1949, ch. 338, title IV, § 401, 63 Stat. 431, provided for appointment, powers, and compensation of a Director. Section was previously repealed by Pub. L. 89–534, § 8(a), Sept. 6, 1966, 80 Stat. 655.

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

12 U.S.C. § 1706e — Repealed. Pub. L. 101–625, title II,

Page 531 TITLE 12—BANKS AND BANKING § 1706e title VI, § 602(b), May 22, 1974, 88 Stat. 163, re- numbered title VII, § 702(b), Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100; Pub. L. 100–707, title I, § 109(e)(1), Nov. 23, 1988, 102 Stat. 4708.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to this chapter (§ 1701 et seq.). For complete classification of this Act to the Code, see Tables. Section 203(b)(2)(D) of this Act, referred to in subsec. (f), which was formerly classified to section 1709(b)(2)(D) of this title, was repealed by act Aug. 2, 1954, ch. 649, title I, § 104, 68 Stat. 591. Subsection (h) of section 1710 of this title, referred to in subsec. (g), was redesignated subsec. (i) by Pub. L. 105–276, title VI, § 602(1), Oct. 21, 1998, 112 Stat. 2674. Subsection (k) of section 1710 of this title, referred to in subsec. (g), was repealed by Pub. L. 105–276, title VI, § 601(c), Oct. 21, 1998, 112 Stat. 2673. The General Insurance Fund, referred to in subsec. (g), was established by section 1735c of this title. AMENDMENTS 1988—Subsec. (b)(2). Pub. L. 100–707 substituted ‘‘5170 of title 42’’ for ‘‘5141 of title 42’’. 1974—Subsec. (b)(2). Pub. L. 93–288 substituted ‘‘sec- tions 5122(2) and 5141 of title 42’’ for ‘‘section 4402(1) of title 42’’. 1970—Subsec. (b)(2). Pub. L. 91–606 substituted ref- erence to section ‘‘4402(1)’’ for ‘‘1855a(a)’’ of title 42. 1967—Pub. L. 90–19, § 1(a)(3), substituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever appearing in subsecs. (a), (b)(1) to (4), (6), (7), and (c) to (f). Subsec. (b)(2). Pub. L. 90–19, § 1(a)(4)

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

42 U.S.C. § 11360 — Definitions

For purposes of this subchapter: (1) **At risk of homelessness** — The term “at risk of homelessness” means, with respect to an individual or family, that the individual or family— (A) has income below 30 percent of median income for the geographic area; (B) has insufficient resources immediately available to attain housing stability; and (C) (i) has moved frequently because of economic reasons; (ii) is living in the home of another because of economic hardship; (iii) has been notified that their right to occupy their current housing or living situation will be terminated; (iv) lives in a hotel or motel; (v) lives in severely overcrowded housing; (vi) is exiting an institution; or (vii) otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness. Such term includes all families with children and youth defined as homeless under other Federal statutes. (2) **Chronically homeless** (A) *In general* — The term “chronically homeless” means, with respect to an individual or family, that the individual or family— (i) is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter; (ii) has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years; and (iii) has an adult head of household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

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

42 U.S.C. § 11360 — Definitions

Page 8147 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11360 1 So in original. Probably should be ‘‘of this’’. U.S.C. 11361 note). The amendment made by such sec- tion 821 of such Act shall not take effect.’’ PART A—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 111–22, div. B, title I, § 1101(1), May 20, 2009, 123 Stat. 1669, substituted ‘‘General Provisions’’ for ‘‘Com- prehensive Homeless Assistance Plan’’ in heading. § 11360. Definitions For purposes of this subchapter: (1) At risk of homelessness The term ‘‘at risk of homelessness’’ means, with respect to an individual or family, that the individual or family— (A) has income below 30 percent of median income for the geographic area; (B) has insufficient resources immediately available to attain housing stability; and (C)(i) has moved frequently because of eco- nomic reasons; (ii) is living in the home of another be- cause of economic hardship; (iii) has been notified that their right to occupy their current housing or living situa- tion will be terminated; (iv) lives in a hotel or motel; (v) lives in severely overcrowded housing; (vi) is exiting an institution; or (vii) otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness. Such term includes all families with children and youth defined as homeless under other Federal statutes. (2) Chronically homeless (A) In general The term ‘‘chronically homeless’’ means, with respect to an individual or family, that the individual or family— (i) is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter; (ii) has been homeless and living or re- siding in a place not meant for human hab- itation, a safe haven, or in an eme

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

42 U.S.C. § 12839 — Uniform recordkeeping and reports to Congress

**(a) Uniform requirements** The Secretary shall develop and establish uniform recordkeeping, performance reporting, and auditing requirements for use by participating jurisdictions. **(b) Omitted**

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

42 U.S.C. § 1437f — Repealed. Pub. L. 93–383, title II, § 204, Aug. 22, 1974, 88 Stat. 668

### 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.

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

42 U.S.C. § 1437f — Low-income housing assistance

Page 4580 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1437f of 6-month period beginning Oct. 28, 1992, except as oth- erwise provided, see section 13642 of this title. INAPPLICABILITY OF CERTAIN 1992 AMENDMENTS TO INDIAN PUBLIC HOUSING Amendment by Pub. L. 102–550 not applicable with re- spect to lower income housing developed or operated pursuant to contract between Secretary 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. § 1437f. Low-income housing assistance (a) Authorization for assistance payments For the purpose of aiding low-income families in obtaining a decent place to live and of pro- moting economically mixed housing, assistance payments may be made with respect to existing housing in accordance with the provisions of this section. (b) Other existing housing programs (1) IN GENERAL.—The Secretary is authorized to enter into annual contributions contracts with public housing agencies pursuant to which such agencies may enter into contracts to make assistance payments to owners of existing dwell- ing units in accordance with this section. In areas where no public housing agency has been organized or where the Secretary determines that a public housing agency is unable to imple- ment the provisions of this section, the Sec- retary is authorized to enter into such contracts and to perform the other functions assigned to a public housing agency by this section. (2) The Secretary is authorized to enter into annual contributions contracts with public housing agencies for the purpose of replacing public housing transferred in accordance with subchapter II–A of this chapter. Each contract entered into under this subsection shall be for

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

42 U.S.C. § 1437o — Restriction on use of assisted housing by non-resident aliens

**(a) Conditions for assistance** Notwithstanding any other provision of law, the applicable Secretary may not make financial assistance available for the benefit of any alien unless that alien is a resident of the United States and is— (1) an alien lawfully admitted for permanent residence as an immigrant as defined by section 1101(a)(15) and (20) of title 8, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country; (2) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to [section 1259 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1259&num=0&edition=prelim); (3) an alien who is lawfully present in the United States pursuant to an admission under [section 1157 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim) or pursuant to the granting of asylum (which has not been terminated) under [section 1158 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim); (4) an alien who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to [section 1182(d)(5) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/d/

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

42 U.S.C. § 1437o — Repealed. Pub. L. 101–625, title II,

Page 4673 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1437o (d) and struck out former subsecs. (a) to (d). Prior to amendment, subsec. (a) related to percentage avail- ability under contracts prior to Oct. 1, 1981, subsec. (b) related to percentage availability under contracts on or after Oct. 1, 1981, subsec. (c) related to admission procedures implementing subsec. (b), and subsec. (d) re- lated to applicability of admission procedures limita- tions. Subsec. (e). Pub. L. 105–276, § 576(d)(2), struck out heading and text of subsec. (e), which directed public housing agency to establish standards to prohibit occu- pancy by and terminate tenancy of any person illegally using controlled substance or whose use of controlled substance or abuse of alcohol might interfere with peaceful enjoyment of premises by other residents, and authorized agency to consider rehabilitation of person in making determination to deny occupancy. Subsec. (f). Pub. L. 105–276, § 428, added subsec. (f). 1996—Pub. L. 104–120, § 9(d)(1), substituted ‘‘Eligi- bility’’ for ‘‘Income eligibility’’ in section catchline. Subsec. (c). Pub. L. 104–99 temporarily substituted ‘‘the written system of preferences for selection estab- lished by the public housing agency pursuant to section 1437d(c)(4)(A)’’ for ‘‘the system of preferences estab- lished by the agency pursuant to section 1437d(c)(4)(A)(ii)’’. See Effective and Termination Dates of 1996 Amendments note below. Subsec. (d). Pub. L. 104–330, § 501(b)(7)(A), redesignated par. (1) as entire subsec. and struck out par. (2) which read as follows: ‘‘The limitations established in sub- sections (a) and (b) of this section shall not apply to dwelling units assisted by Indian public housing agen- cies, to scattered site public housing

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

42 U.S.C. § 1452b — Repealed. Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128

### Statutory Notes Section, Pub. L. 88–560, title III, § 312, Sept. 2, 1964, 78 Stat. 790; Pub. L. 89–117, title III, §§ 311(e), 312, Aug. 10, 1965, 79 Stat. 479; Pub. L. 90–19, § 21(b), May 25, 1967, 81 Stat. 25; Pub. L. 90–448, title V, § 509, title VIII, § 807(b), Aug. 1, 1968, 82 Stat. 523, 544; Pub. L. 91–152, title II, § 207, Dec. 24, 1969, 83 Stat. 387; Pub. L. 93–85, § 4, Aug. 10, 1973, 87 Stat. 221; Pub. L. 93–117, § 10, Oct. 2, 1973, 87 Stat. 423; Pub. L. 93–383, title I, § 116(e), Aug. 22, 1974, 88 Stat. 652; Pub. L. 94–50, title III, § 301, July 2, 1975, 89 Stat. 256; Pub. L. 94–375, § 12, Aug. 3, 1976, 90 Stat. 1074; Pub. L. 95–128, title I, § 111, Oct. 12, 1977, 91 Stat. 1127; Pub. L. 95–557, title I, § 101(a), (b), Oct. 31, 1978, 92 Stat. 2080, 2081; Pub. L. 96–71, § 4, Sept. 28, 1979, 93 Stat. 502; Pub. L. 96–105, § 4, Nov. 8, 1979, 93 Stat. 795; Pub. L. 96–153, title I, § 101, Dec. 21, 1979, 93 Stat. 1101; Pub. L. 96–372, § 5, Oct. 3, 1980, 94 Stat. 1364; Pub. L. 96–399, title I, § 114, Oct. 8, 1980, 94 Stat. 1622; Pub. L. 97–35, title III, § 311, Aug. 13, 1981, 95 Stat. 397; Pub. L. 98–109, § 3, Oct. 1, 1983, 97 Stat. 746; Pub. L. 98–181, title I [title I, § 124], Nov. 30, 1983, 97 Stat. 1174; Pub. L. 99–120, § 2, Oct. 8, 1985, 99 Stat. 503; Pub. L. 99–156, § 2, Nov. 15, 1985, 99 Stat. 816; Pub. L. 99–219, § 2, Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99–267, § 2, Mar. 27, 1986, 100 Stat. 74; Pub. L. 99–272, title III, § 3008, Apr. 7, 1986, 100 Stat. 105; Pub. L. 99–289, § 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99–345, § 1, June 24, 1986, 100 Stat. 673; Pub. L. 99–430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100–122, § 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100–154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100–170, Nov. 17, 1987, 101 Stat. 914; Pub. L.

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