42 U.S.C. § 13641 — Definitions

Page 8610 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13632 1 See References in Text note below. residents whose names appear on ‘‘mooch lists’’ confiscated from fraudulent tele- marketers. (Pub. L. 102–550, title VI, § 671, Oct. 28, 1992, 106 Stat. 3826; Pub. L. 106–569, title VIII, § 851(b), (c)(2), Dec. 27, 2000, 114 Stat. 3024.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsecs. (b) and (d), means subtitle E of title VI of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3826, which enacted this subchapter, amended sections 1437f, 1437g, and 8011 of this title and section 1701q of Title 12, Banks and Banking, and en- acted provisions set out as a note under section 1701q of Title 12. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–569, § 851(b)(1), in first sentence, substituted ‘‘for providing service coordina- tors under this section,’’ for ‘‘to carry out this subtitle pursuant to the amendments made by this subtitle,’’. Subsec. (c). Pub. L. 106–569, § 851(c)(2)(A), in first sen- tence, inserted ‘‘education and outreach regarding tele- marketing fraud in accordance with the standards issued under subsection (f),’’ after ‘‘response,’’. Subsec. (d). Pub. L. 106–569, § 851(b)(2), inserted closing parenthesis after ‘‘section 13641(2) of this title’’. Subsec. (e). Pub. L. 106–569, § 851(b)(3), added subsec. (e). Subsec. (f). Pub. L. 106–569, § 851(c)(2)(B), added subsec. (f). Statutory Notes and Related Subsidiaries 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. § 13632. Grants for costs of providing service co- ordinators in certain federally assisted hous- ing (a) Authority The Secretary may make grants under this section to owners of federally assisted housing projects described in subparagraphs (B), (C), (D), (E), (F), and (G) of section 13641(2) of this title. Any grant amounts shall be used for the costs of employing or otherwise retaining the services of one or more service coordinators under section 13631 of this title to coordinate the provision of any services within the project for residents of the project who are elderly families and disabled families (as such terms are defined in section 13641 of this title). A service coordinator funded with a grant under this section for a project may provide services to low-income elderly or disabled families living in the vicinity of such project. (b) Application and selection The Secretary shall provide for the form and manner of applications for grants under this sec- tion and for selection of applicants to receive such grants. (c) Eligible project expense For any federally assisted housing project de- scribed in subparagraph (B), (C), (D), (E), (F), or (G) of section 13641(2) of this title that does not receive a grant under this section, the cost of employing or otherwise retaining the services of one or more service coordinators under section 13631 of this title and not more than 15 percent of the cost of providing services to the residents of the project shall be considered an eligible project expense, but only to the extent that amounts are available from project rent and other income for such costs. (Pub. L. 102–550, title VI, § 676, Oct. 28, 1992, 106 Stat. 3828; Pub. L. 106–569, title VIII, § 851(a), Dec. 27, 2000, 114 Stat. 3023.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–569, § 851(a)(1), substituted ‘‘certain federally assisted housing’’ for ‘‘multifamily housing assisted under National Housing Act’’ in section catch- line. Subsec. (a). Pub. L. 106–569, § 851(a)(2), substituted ‘‘subparagraphs (B), (C), (D), (E), (F), and (G) of section 13641(2) of this title’’ for ‘‘subparagraphs (E) and (F) of section 13641(2) of this title’’, made technical amend- ment to reference in original act which appears in text as reference to section 13631 of this title, and inserted at end ‘‘A service coordinator funded with a grant under this section for a project may provide services to low-income elderly or disabled families living in the vi- cinity of such project.’’ Subsec. (c). Pub. L. 106–569, § 851(a)(4), redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c). Text read as follows: ‘‘There are au- thorized to be appropriated for fiscal years 1993 and 1994 such sums as may be necessary for grants under this section.’’ Subsec. (d). Pub. L. 106–569, § 851(a)(4), redesignated subsec. (d) as (c). Pub. L. 106–569, § 851(a)(3), substituted ‘‘subparagraph (B), (C), (D), (E), (F), or (G) of section 13641(2) of this title’’ for ‘‘subparagraph (E) or (F) of section 13641(2) of this title’’ and made technical amendment to reference in original act which appears in text as reference to section 13631 of this title. Statutory Notes and Related Subsidiaries 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. SUBCHAPTER IV—GENERAL PROVISIONS § 13641. Definitions For purposes of this title: 1 (1) Elderly, disabled, and near-elderly families The terms ‘‘elderly family’’, ‘‘disabled fam- ily’’, and ‘‘near-elderly family’’ have the meanings given the terms under section 3(b)(3) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)(3)]. (2) Federally assisted housing The terms ‘‘federally assisted housing’’ and ‘‘project’’ mean— (A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)]); Page 8611 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13661 (B) housing for which project-based assist- ance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f]; (C) housing that is assisted under section 1701q of title 12; (D) housing that is assisted under section 1701q of title 12, as such section existed be- fore November 28, 1990; (E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12; (F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z–1 of title 12; (G) housing constructed or substantially rehabilitated pursuant to assistance pro- vided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assist- ance under such section; and (H) housing that is assisted under section 8013 1 of this title. (3) Housing assistance The term ‘‘housing assistance’’ means, with respect to federally assisted housing, the grant, contribution, capital advance, loan, mortgage insurance, or other assistance pro- vided for the housing under the provisions of law referred to in paragraph (2). The term also includes any related assistance provided for the housing by the Secretary, including any rental assistance for low-income occupants. (4) Owner The term ‘‘owner’’ means, with respect to federally assisted housing, the entity or pri- vate person, including a cooperative or public housing agency, that has the legal right to lease or sublease dwelling units in such hous- ing. (5) Secretary The term ‘‘Secretary’’ means the Secretary of Housing and Urban Development. (Pub. L. 102–550, title VI, § 683, Oct. 28, 1992, 106 Stat. 3831; Pub. L. 111–8, div. I, title II, § 228, Mar. 11, 2009, 123 Stat. 978.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, is title VI of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3802, which enacted this chapter, amended sections 1437a, 1437c to 1437g, 1437l, 1437o, 1438, 8011 to 8013, 12705, 12901 to 12910, and 12912 of this title and section 1701q of Title 12, Banks and Bank- ing, enacted provisions set out as notes under sections 1437a, 8011, and 12901 of this title and section 1701q of Title 12, and amended provisions set out as a note under section 1701q of Title 12. For complete classifica- tion of this title to the Code, see Short Title of 1992 Amendment note set out under section 5301 of this title and Tables. Section 8013 of this title, referred to in par. (2)(H), was in the original ‘‘section 811 of the Cranston-Gon- zalez Affording Housing Act (42 U.S.C. 8013)’’, and was translated as reading ‘‘section 811 of the Cranston-Gon- zalez National Affordable Housing Act’’, which is clas- sified to section 8013 of this title, to reflect the prob- able intent of Congress. AMENDMENTS 2009—Par. (2)(H). Pub. L. 111–8 added subpar. (H). § 13642. Applicability Except as otherwise provided in subtitles B through F of this title and the amendments made by such subtitles, such subtitles and the amendments made by such subtitles shall apply upon the expiration of the 6-month period begin- ning on October 28, 1992. (Pub. L. 102–550, title VI, § 684, Oct. 28, 1992, 106 Stat. 3832.) Editorial Notes REFERENCES IN TEXT Subtitles B through F of this title, referred to in text, mean subtitles B to F of title VI of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3812–3830, which enacted this chapter, amended sections 1437a, 1437c to 1437g, 1437l, 1437o, 1438, 8011, 8013, and 12705 of this title and section 1701q of Title 12, Banks and Banking, and en- acted provisions set out as notes under section 1437a of this title and section 1701q of Title 12. § 13643. Regulations The Secretary shall issue regulations nec- essary to carry out subtitles B through F of this title and the amendments made by such sub- titles not later than the expiration of the 6- month period beginning on October 28, 1992. The regulations shall be issued after notice and op- portunity for public comment pursuant to the provisions of section 553 of title 5 (notwith- standing subsections (a)(2), (b)(B), and (d)(3) of such section). (Pub. L. 102–550, title VI, § 685, Oct. 28, 1992, 106 Stat. 3832.) Editorial Notes REFERENCES IN TEXT Subtitles B through F of this title, referred to in text, mean subtitles B to F of title VI of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3812–3830, which enacted this chapter, amended sections 1437a, 1437c to 1437g, 1437l, 1437o, 1438, 8011, 8013, and 12705 of this title and section 1701q of Title 12, Banks and Banking, and en- acted provisions set out as notes under section 1437a of this title and section 1701q of Title 12. SUBCHAPTER V—SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING § 13661. Screening of applicants for federally as- sisted housing (a) Ineligibility because of eviction for drug crimes Any tenant evicted from federally assisted housing by reason of drug-related criminal ac- tivity (as such term is defined in section 1437a(b) of this title) shall not be eligible for federally assisted housing during the 3-year period begin- ning on the date of such eviction, unless the evicted tenant successfully completes a rehabili- tation program approved by the public housing agency (which shall include a waiver of this sub- section if the circumstances leading to eviction no longer exist).