Section text and notes
Declaration of policy
It is the policy of the United States—
to promote the general welfare of the Nation by employing the funds and credit of the Nation, as provided in this chapter—
to assist States and political subdivisions of States to remedy the unsafe housing conditions and the acute shortage of decent and safe dwellings for low-income families;
to assist States and political subdivisions of States to address the shortage of housing affordable to low-income families; and
consistent with the objectives of this subchapter, to vest in public housing agencies that perform well, the maximum amount of responsibility and flexibility in program administration, with appropriate accountability to public housing residents, localities, and the general public;
that the Federal Government cannot through its direct action alone provide for the housing of every American citizen, or even a majority of its citizens, but it is the responsibility of the Government to promote and protect the independent and collective actions of private citizens to develop housing and strengthen their own neighborhoods;
that the Federal Government should act where there is a serious need that private citizens or groups cannot or are not addressing responsibly; and
that our Nation should promote the goal of providing decent and affordable housing for all citizens through the efforts and encouragement of Federal, State, and local governments, and by the independent and collective actions of private citizens, organizations, and the private sector.
Public housing agency organization
Required membership
Except as provided in paragraphs (2) and (3), the membership of the board of directors or similar governing body of each public housing agency shall contain not less than 1 member—
who is directly assisted by the public housing agency; and
who may, if provided for in the public housing agency plan, be elected by the residents directly assisted by the public housing agency.
Exception
Paragraph (1) shall not apply to any public housing agency—
that is located in a State that requires the members of the board of directors or similar governing body of a public housing agency to be salaried and to serve on a full-time basis; or
with less than 300 public housing units, if—
the agency has provided reasonable notice to the resident advisory board of the opportunity of not less than 1 resident described in paragraph (1) to serve on the board of directors or similar governing body of the public housing agency pursuant to such paragraph; and
section 1437c–1(e) of this title within a reasonable time after receipt by the resident advisory board established by the agency pursuant to of notice under clause (i), the public housing agency has not been notified of the intention of any resident to participate on the board of directors.
Exception for certain jurisdictions
Exception
A covered agency (as such term is defined in subparagraph (C) of this paragraph) shall not be required to include on the board of directors or a similar governing board of such agency a member described in paragraph (1).
Advisory board requirement
section 1437f of this titlesection 1437f of this titlesection 1437f of this titleEach covered agency that administers Federal housing assistance under that chooses not to include a member described in paragraph (1) on the board of directors or a similar governing board of the agency shall establish an advisory board of not less than 6 residents of public housing or recipients of assistance under to provide advice and comment to the agency or other administering entity on issues related to public housing and . Such advisory board shall meet not less than quarterly.
Covered agency or entity
For purposes of this paragraph, the term “covered agency” means a public housing agency or such other entity that administers Federal housing assistance for—
1 1 So in original. Probably should be “(i)”. the Housing Authority of the county of Los Angeles, California; or
any of the States of Alaska, Iowa, and Mississippi.
Nondiscrimination
section 1437f of this titleNo person shall be prohibited from serving on the board of directors or similar governing body of a public housing agency because of the residence of that person in a public housing project or status as assisted under .
Sept. 1, 1937, ch. 896 Pub. L. 93–383, title II, § 201(a)88 Stat. 653 Pub. L. 97–35, title III, § 322(c)95 Stat. 402 Pub. L. 100–358, § 5102 Stat. 681 Pub. L. 101–625, title V, § 572(2)104 Stat. 4236 Pub. L. 105–276, title V, § 505112 Stat. 2522 Pub. L. 114–201, title I, § 114130 Stat. 804 (, title I, § 2, as added , , ; amended , , ; renumbered title I, , , ; , , ; , , ; , , .)
Editorial Notes
Prior Provisions
act Sept. 1, 1937, ch. 896 50 Stat. 888 section 1402 of this titlePub. L. 93–383A prior section 2 of , , related to definitions and was classified to , prior to the general revision of this chapter by .
act Sept. 1, 1937, ch. 896 50 Stat. 888 section 1401 of this titlePub. L. 93–383Prior similar provisions were contained in section 1 of , , which was classified to prior to the general revision of this chapter by .
Amendments
Pub. L. 114–201, § 114(1)2016—Subsec. (b)(1). , substituted “paragraphs (2) and (3)” for “paragraph (2)” in introductory provisions.
Pub. L. 114–201, § 114(2)Subsec. (b)(3), (4). , (3), added par. (3) and redesignated former par. (3) as (4).
Pub. L. 105–2761998— amended section catchline and text generally. Prior to amendment, text read as follows: “It is the policy of the United States to promote the general welfare of the Nation by employing its funds and credit, as provided in this chapter, to assist the several States and their political subdivisions to remedy the unsafe and unsanitary housing conditions and the acute shortage of decent, safe, and sanitary dwellings for families of lower income and, consistent with the objectives of this chapter, to vest in local public housing agencies the maximum amount of responsibility in the administration of their housing programs. No person should be barred from serving on the board of directors or similar governing body of a local public housing agency because of his tenancy in a low-income housing project.”
Pub. L. 101–6251990— substituted “low-income housing” for “lower income housing”.
Pub. L. 97–351981— substituted reference to lower income for reference to low income in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Pub. L. 105–276, title V, § 503112 Stat. 2521
In General .—
The amendments under this title [see Tables for classification] are made on the date of the enactment of this Act [], but this title shall take effect, and the amendments made by this title shall apply beginning upon, , except—
as otherwise specifically provided in this title; or
as otherwise specifically provided in any amendment made by this title.
The Secretary may, by notice, implement any provision of this title or any amendment made by this title before such date, except to the extent that such provision or amendment specifically provides otherwise.
Savings Provision .—
Notwithstanding any amendment under this title that is made (in accordance with subsection (a)) on the date of the enactment of this Act [] but applies beginning on , the provisions of law amended by such amendment, as such provisions were in effect immediately before the making of such amendment, shall continue to apply during the period beginning on the date of the enactment of this Act and ending upon , unless otherwise specifically provided by this title.
Technical Recommendations .—
Not later than 9 months after the date of the enactment of this Act [], the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services [now Committee on Financial Services] of the House of Representatives, recommended technical and conforming legislative changes necessary to carry out this title and the amendments made by this title.
List of Obsolete Documents .—
42 U.S.C. 1437f42 U.S.C. 1437Not later than , the Secretary of Housing and Urban Development shall cause to be published in the Federal Register a list of all rules, regulations, and orders (including all handbooks, notices, and related requirements) pertaining to public housing or section 8 [] tenant-based programs issued or promulgated under the United States Housing Act of 1937 [ et seq.] before the date of the enactment of this Act [] that are or will be obsolete because of the enactment of this Act or are otherwise obsolete.
Protection of Certain Regulations .—
No provision of this title may be construed to repeal the regulations of the Secretary regarding tenant participation and tenant opportunities in public housing (24 C.F.R. 964).
Effective Date .—
This section shall take effect on the date of the enactment of this Act [].”
Effective Date of 1981 Amendment
Pub. L. 97–35section 371 of Pub. L. 97–35section 3701 of Title 12Amendment by effective , see , set out as an Effective Date note under , Banks and Banking.
Effective Date
Pub. L. 93–383, title II, § 201(b)88 Stat. 667
section 1437a(1) of this titlesection 1437f of this title“The provisions of subsection (a) of this section [enacting sections 1437 to 1437j of this title] shall be effective on such date or dates as the Secretary of Housing and Urban Development shall prescribe, but not later than eighteen months after the date of the enactment of this Act []; except that (1) all of the provisions of section 3(1) of the United States Housing Act of 1937, as amended by subsection (a) of this section [], shall become effective on the same date, (2) all of the provisions of sections 5 and 9(c) of such Act as so amended [sections 1437c and 1437g(c) of this title] shall become effective on the same date, and (3) section 8 of such Act [] as so amended shall be effective not later than .”
, , , provided that:
section 1437a of this titleSection 3(1) of the United States Housing Act of 1937, as amended, effective , see Effective Date note set out under .
Short Title of 2016 Amendment
Pub. L. 114–201, § 1(a)130 Stat. 782
section 1709 of Title 12section 12805 of this title“This Act [enacting sections 1437z–9, 3536a, and 11386f of this title, amending this section, sections 1436a, 1437a, 1437f, 1437g, 1437n, 1472, 3533, 11373, 11387, 11388, 12902, and 12903 of this title, and , Banks and Banking, enacting provisions set out as notes under sections 1437a, 1437f, 1437z–9, 3533, 3544, and 11313 of this title, and amending provisions set out as a note under ] may be cited as the ‘Housing Opportunity Through Modernization Act of 2016’.”
, , , provided that:
Short Title of 2008 Amendment
Pub. L. 110–289, div. B, title VII, § 2701122 Stat. 2863
section 1437c–1 of this title“This title [amending ] may be cited as the ‘Small Public Housing Authorities Paperwork Reduction Act’.”
, , , provided that:
Short Title of 2003 Amendment
Pub. L. 108–186, title IV, § 401117 Stat. 2693
section 1437v of this titlesection 1437v of this title“This title [amending and enacting provisions set out as a note under ] may be cited as the ‘HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003’.”
, , , provided that:
Short Title of 2002 Amendment
Pub. L. 107–116, title VI, § 601(a)115 Stat. 2220
section 1715n of Title 12section 1701q of Title 12“This title [amending sections 1437f and 5305 of this title and , Banks and Banking, enacting provisions set out as notes under sections 1437f and 11301 of this title and sections 1701q and 1715n of Title 12, and amending provisions set out as notes under sections 1437f and 11301 of this title and ] may be cited as the ‘Mark-to-Market Extension Act of 2001’.”
, , , provided that:
Short Title of 1998 Amendment
Pub. L. 105–276, title V, § 501(a)112 Stat. 2518
“This title [see Tables for classification] may be cited as the ‘Quality Housing and Work Responsibility Act of 1998’.”
, , , provided that:
Short Title of 1988 Amendment
Pub. L. 100–358, § 1102 Stat. 676
section 1437a of this title“This Act [enacting sections 1437aa to 1437ee of this title, amending sections 1437a and 1437c of this title, and enacting provisions set out as a note under ] may be cited as the ‘Indian Housing Act of 1988’.”
, , , provided that:
Short Title
Act Sept. 1, 1937, ch. 896, title I, § 1 Pub. L. 93–383, title II, § 201(a)88 Stat. 653 Pub. L. 100–358, § 5102 Stat. 681
“This Act [enacting this chapter] may be cited as the ‘United States Housing Act of 1937’.”
, as added by , , ; renumbered title I by , , , provided that:
Applicability of 1996 Amendments; Indian Housing
Pub. L. 104–204, title II, § 201(d)110 Stat. 2893
42 U.S.C. 1437aa(b)(2)l“In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former ], the amendments made by subsections (a), (b), and (c) [amending provisions set out as notes under sections 1437a, 1437c, and 1437 of this title] shall apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.”
, , , provided that:
Pub. L. 104–134, title I, § 101(e) [title II, § 201(a)(3)]110 Stat. 1321–257 Pub. L. 104–140, § 1(a)110 Stat. 1327
42 U.S.C. 1437aa(b)(2)l“In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former ], the amendment made by this subsection [amending section 1437 of this title] shall apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.”
, , , 1321–278; renumbered title I, , , , provided that:
Pub. L. 104–134, title I, § 101(e) [title II, § 201(b)(3)]110 Stat. 1321–257 Pub. L. 104–140, § 1(a)110 Stat. 1327
42 U.S.C. 1437aa(b)(2)section 1437p of this titlesection 1437c of this titlePublic Law 104–19“In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former ], the amendments made by this subsection [amending and provisions set out as a note under ] and by sections 1002(a), (b), and (c) of [amending sections 1437c, 1437p, and 1437aaa–3 of this title] shall apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.”
, , , 1321–278; renumbered title I, , , , provided that:
Pub. L. 104–99, title IV, § 402(e)110 Stat. 43 Pub. L. 104–99Pub. L. 105–276, title V, § 595(e)(16)112 Stat. 2659 , , , which provided that amendments made by section 402(a) to (d) and (f) of were also to apply to public housing developed or operated pursuant to contract between Secretary of Housing and Urban Development and an Indian housing authority, was repealed by , , .
Applicability of 1990 Amendments; Indian Housing
Pub. L. 102–550, title I, § 103(b)106 Stat. 3684
In general .—
42 U.S.C. 1437aa(b)(2)Pub. L. 101–625losection 1437a of this titleIn accordance with section 201(b)(2) of the United States Housing Act of 1937 ([former] ), the provisions of sections 572, 573, and 574 of the Cranston-Gonzalez National Affordable Housing Act [, amending this section and sections 1437a, 1437b to 1437d, 1437f, 1437g, 1437i, 1437j, 1437, 1437n, 1437p, 1437r, 1437s, and 1437aa to 1437dd of this title, repealing section 1437 of this title, and enacting provisions set out as notes under ] shall apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian Housing Authority.
Effective date .—
Paragraph (1) shall take effect as if such provision were enacted upon the date of the enactment of the Cranston-Gonzalez National Affordable Housing Act [].”
Pub. L. 101–625, title IV, § 419104 Stat. 4161
42 U.S.C. 1437aa(b)(2)Pub. L. 101–625lsection 1437aaa of this title42 U.S.C. 1437bb“In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former ], the amendments made by this subtitle [subtitle A (§§ 411–419) of title IV of , enacting subchapter II–A of this chapter and amending sections 1437c, 1437f, 1437, 1437p, 1437r, and 1437s of this title] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority, except that nothing in this title [see Short Title note set out under ] affects the program under section 202 of such Act [former ].”
, , , provided that:
Pub. L. 101–625, title V, § 527104 Stat. 4216
42 U.S.C. 1437aa(b)(2)Pub. L. 101–62542 U.S.C. 1437lsection 1437d of this title“In accordance with section 201(b)(2) of the United States Housing Act of 1937 ([former] ), the provisions of this subtitle [subtitle A (§§ 501–527) of title V of , see Tables for classification] that modify the public housing program under title I of the United States Housing Act of 1937 [ et seq.] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority, except that sections 502 and 510 [amending sections 1437d and 1437 of this title and enacting provisions set out as notes under ] shall not apply.”
, , , provided that:
Applicability of 1989 Amendments; Indian Housing
Pub. L. 101–235, title I, § 101(d)103 Stat. 1990
42 U.S.C. 1437aa(b)(2)section 1439 of this title“In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former ], the amendments made by subsections (a), (b), and (c) of this section [amending ] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.”
, , , provided that:
Pub. L. 101–235, title I, § 104(c)103 Stat. 1998
42 U.S.C. 1437aa(b)(2)section 1439 of this titlesection 1439 of this title“In accordance with section 201(b)(2) of the United States Housing Act of 1937 [former ], the amendment made by subsection (a) [amending ] and the provisions of subsection (b) of this section [set out as an Effective Date of 1989 Amendment note under ] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority.”
, , , provided that:
Temperature Sensor Pilot Program
Pub. L. 119–101, title I, § 106140 Stat. 853
In General .—
The Secretary of Housing and Urban Development shall establish a temperature sensor pilot program to provide grants to public housing agencies and owners of covered federally assisted rental dwelling units to acquire, install, and test the efficacy of approved temperature sensors in residential dwelling units to ensure such units remain in compliance with temperature requirements.
Eligibility.—
In general .—
The Secretary of Housing and Urban Development shall, not later than 180 days after the date of enactment of this Act [], establish eligibility criteria for public housing agencies and owners of covered federally assisted rental dwelling units to participate in the pilot program established pursuant to subsection (a).
Criteria .—
In establishing the eligibility criteria described in paragraph (1), the Secretary shall ensure—
the pilot program includes a diverse range of participants that represent different geographic regions, climate regions, unit sizes, and types of housing; and
that the functionality of an approved temperature sensor will be installed and tested using amounts awarded under this section, including internet connectivity requirements.
Installation .—
Each public housing agency or owner of a covered federally assisted rental dwelling unit that acquires 1 or more approved temperature sensors under this section shall, after receiving written permission from the resident of a dwelling unit, install such temperature sensor and monitor the data from such temperature sensor.
Collection of Complaint Records.—
In general .—
Each public housing agency or owner of a covered federally assisted rental dwelling unit that installs 1 or more approved temperature sensors under this section shall collect and retain information about temperature-related complaints and temperature-related violations.
Definitions .—
The Secretary shall, not later than 180 days after the date of enactment of this Act, define the terms ‘temperature-related complaints’ and ‘temperature-related violations’ for the purposes of this subsection.
Data Collection.—
In general .—
Data collected from temperature sensors acquired and installed by public housing agencies and owners of covered federally assisted rental dwelling units under this section shall be retained until the Secretary of Housing and Urban Development notifies the public housing agency or owner that the pilot program and the evaluation of the pilot program are complete.
Personally identifiable information .—
The Secretary of Housing and Urban Development shall, not later than 180 days after the date of enactment of this Act, establish standards for the protection of personally identifiably information collected during the pilot program by public housing agencies, owners of federally assisted rental dwelling units, and the Secretary.
Pilot Program Evaluation.—
Interim evaluation .—
Not later than 12 months after the establishment of the pilot program under this section, the Secretary of Housing and Urban Development shall publicly publish and submit to Congress a report that—
examines the number of temperature-related complaints and temperature-related violations in federally assisted rental dwelling units with temperature sensors, disaggregated by temperature sensor technology and climate region—
that occurred before the installation of such sensor, if known; and
that occurred after the installation of such sensor; and
identifies any barriers to full utility of temperature sensor capabilities, including broadband internet access and tenant participation.
Final evaluation .—
Not later than 36 months after the conclusion of the pilot program established by the Secretary of Housing and Urban Development under this section, the Secretary shall publicly publish and submit to Congress a report that—
examines the number of temperature-related complaints and temperature-related violations in federally assisted rental dwelling units with temperature sensors, disaggregated by temperature sensor technology and climate region—
that occurred before the installation of such sensor; and
that occurred after the installation of such sensor;
identifies any barriers to full utility of temperature sensor capabilities, including broadband internet access and tenant participation; and
compares the utility of various temperature sensor technologies based on—
climate zones;
cost;
features; and
any other factors identified by the Secretary.
Treatment of Projects .—
42 U.S.C. 5301Projects assisted under this section shall be treated as projects assisted under the Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 ( et seq.).
Sunset .—
The pilot program established under this section shall terminate on the date that is 3 years after the date of enactment of this section [].
Definitions .—
In this section:
Approved temperature sensor .—
The term ‘approved temperature sensor’ means an internet capable temperature reporting device able to measure ambient air temperature to the tenth degree Fahrenheit and Celsius selected from a list of such devices approved in advance by the Secretary of Housing and Urban Development.
Assistance.—
The term ‘assistance’—
means any grant, loan, subsidy, contract, cooperative agreement, or other form of financial assistance; and
does not include the insurance or guarantee of a loan, mortgage, or pool of loans or mortgages.
Covered federally assisted rental dwelling unit .—
The term ‘covered federally assisted rental dwelling unit’ means a residential dwelling unit that is made available for rental and for which assistance is provided, or that is part of a housing project for which assistance is provided, under—
42 U.S.C. 1437f the program for project-based rental assistance under section 8 of the United States Housing Act of 1937 ();
42 U.S.C. 1437 the public housing program under the United States Housing Act of 1937 ( et seq.);
12 U.S.C. 1701q the program for supportive housing for the elderly under section 202 of the Housing Act of 1959 (); or
42 U.S.C. 8013 the program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act ().
Owner .—
The term ‘owner’ means—
42 U.S.C. 1437f with respect to the program for project-based rental assistance under section 8 of the United States Housing Act of 1937 (), any private person or entity, including a cooperative, an agency of the Federal Government, or a public housing agency, having the legal right to lease or sublease dwelling units;
with respect to the public housing program under the United States Housing Act of 1937 (42 U.S.C. [1437] et seq.), a public housing agency or an owner entity, as those terms are defined in section 905.108 of title 24, Code of Federal Regulations, of public housing units;
12 U.S.C. 1701q with respect to the program for supportive housing for the elderly under section 202 of the Housing Act of 1959 (), a private nonprofit organization, as defined under subsection (k)(4) of that section; and
42 U.S.C. 8013 with respect to the program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act (), a private nonprofit organization, as defined under subsection (k)(6) of that section.”
Improving Public Housing Agency Accountability
Pub. L. 119–101, title VIII, § 805140 Stat. 962
Definitions .—
In this section:
Covered public housing agency .—
42 U.S.C. 1437a(b)The term ‘covered public housing agency’ means a public housing agency (as defined in section 3(b) of the United States Housing Act of 1937 ()) for which an administrative or judicial receiver or Federal monitor was appointed.
Inspector general .—
The term ‘Inspector General’ means the Inspector General of the Department of Housing and Urban Development.
Secretary .—
The term ‘Secretary’ means the Secretary of Housing and Urban Development.
Required Notice .—
The Secretary shall require each covered public housing agency to provide a notice each year to the Secretary that—
indicates that if a receiver or Federal monitor remains appointed for the covered public housing agency as of October 1 of the calendar year to which the notice relates;
provides the date on which the receiver or Federal monitor was first appointed and the projected date, if known, the appointment of the receiver or Federal monitor will be terminated; and
identifies the current receiver or Federal monitor appointed to oversee the public housing agency.
Federal Monitor and Receiver Transparency.—
In general .—
Notwithstanding any other provision of law, not later than October 1 of each year, each receiver or Federal monitor that is currently appointed to oversee a covered public housing agency shall provide to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a written assessment that—
describes the management and oversight activities of the receiver or Federal monitor for the covered public housing agency;
identifies the significant factors that led to the appointment of the receiver or Federal monitor for the covered public housing agency;
identifies the factors that remain unresolved at the covered public housing agency that have led to the continued oversight of the receiver or Federal monitor; and
includes a timeline developed by the receiver or Federal monitor that projects when the factors identified under subparagraphs (B) and (C) will be resolved.
Additional information .—
In addition to the written assessment required in paragraph (1), upon written request by the Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives, each receiver or Federal monitor appointed to oversee a covered public housing agency shall promptly furnish additional or supplemental information requested by the Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives with respect to the covered public housing agency that such receiver or Federal monitor is appointed to oversee, including presenting testimony upon request.
Disclosure Required .—
The Secretary shall, not later than 1 year after the date of enactment of this Act [], require each covered public housing agency to publicly disclose, on the website of the covered public housing agency, with respect to each contract entered into by such covered public housing agency in the preceding year, the following information:
All material information about the contract, including the goods and service provided.
The identity of the vendor selected to receive the contract.
The date of the solicitation of the contract.
The relevant information pertaining to the bids and quotes solicited for the contract.
The name of the official who solicited the contract.
Inspector General Review .—
Not later than 180 days after receiving a written request from the Committee on Financial Services of the House of Representatives or the Committee on Banking, Housing, and Urban Affairs of the Senate, the Inspector General shall provide to the requesting committee an analysis of—
the status of any covered public housing agency’s compliance with any agreements entered into between the covered public housing agency and the Department of Housing and Urban Development, including specific areas of deficiency and progress toward compliance;
a review of actions taken by the receiver or Federal monitor appointed to oversee a covered public housing agency and any private sector housing development partners pursuant to such agreement, including any gaps in oversight by the receiver or Federal monitor;
an assessment of the physical conditions of housing provided by the covered public housing agency, including the status of the covered public housing agency’s compliance with relevant health and safety requirements;
an examination of any allegations of waste, fraud, abuse or violations of Federal law committed by employees or contractors of the covered public housing agency;
any additional pertinent information, as determined necessary and appropriate by the inspector general; and
any recommendations of the inspector general that relate to how to improve the compliance of the covered public housing agency with any agreements entered into with the Department of Housing and Urban Development or enhance the oversight of the receiver or Federal monitor over such covered public housing agency.”
Reports on Number and Cost of Federally Assisted Units
Pub. L. 110–161, div. K, title II, § 211121 Stat. 2433 Pub. L. 115–31, div. K, title II, § 238131 Stat. 789 , , , which directed the Secretary of Housing and Urban Development to submit an annual report to the House and Senate Committees on Appropriations regarding the number of Federally assisted units under lease and the per unit cost of such units, was repealed by , , .
Funding of Certain Public Housing
Pub. L. 105–276, title II, § 226112 Stat. 2490 Pub. L. 108–7, div. K, title II, § 212(b)117 Stat. 504 , , , which provided that no funds in this Act or any other Act may hereafter be used by the Secretary of Housing and Urban Development to determine allocations or provide assistance for operating subsidies or modernization for certain State and city funded and locally developed public housing units unless such unit was so assisted before , was repealed by , , .
Pub. L. 108–7, div. K, title II, § 212(d)117 Stat. 504
section 226 of Pub. L. 105–276“The amendment made by subsection (b) [repealing , set out above] shall be deemed to have taken effect on .”
[, , , provided that:
]
Congressional Statement of Findings and Purposes
Pub. L. 105–276, title V, § 502112 Stat. 2520
Findings .—
Congress finds that—
there exists throughout the Nation a need for decent, safe, and affordable housing;
the inventory of public housing units owned, assisted, or operated by public housing agencies, an asset in which the Federal Government has invested over $90,000,000,000, has traditionally provided rental housing that is affordable to low-income persons;
despite serving this critical function, the public housing system is plagued by a series of problems, including the concentration of very poor people in very poor neighborhoods and disincentives for economic self-sufficiency;
the Federal method of overseeing every aspect of public housing by detailed and complex statutes and regulations has aggravated the problem and has placed excessive administrative burdens on public housing agencies; and
the interests of low-income persons, and the public interest, will best be served by a reformed public housing program that—
consolidates many public housing programs into programs for the operation and capital needs of public housing;
streamlines program requirements;
vests in public housing agencies that perform well the maximum feasible authority, discretion, and control with appropriate accountability to public housing residents, localities, and the general public; and
rewards employment and economic self-sufficiency of public housing residents.
Purposes .—
The purpose of this title [see Tables for classification] is to promote homes that are affordable to low-income families in safe and healthy environments, and thereby contribute to the supply of affordable housing, by—
deregulating and decontrolling public housing agencies, thereby enabling them to perform as property and asset managers;
providing for more flexible use of Federal assistance to public housing agencies, allowing the authorities to leverage and combine assistance amounts with amounts obtained from other sources;
facilitating mixed income communities and decreasing concentrations of poverty in public housing;
increasing accountability and rewarding effective management of public housing agencies;
creating incentives and economic opportunities for residents of dwelling units assisted by public housing agencies to work, become self-sufficient, and transition out of public housing and federally assisted dwelling units;
42 U.S.C. 1437f consolidating the voucher and certificate programs for rental assistance under section 8 of the United States Housing Act of 1937 [] into a single market-driven program that will assist in making tenant-based rental assistance under such section more successful at helping low-income families obtain affordable housing and will increase housing choice for low-income families; and
remedying the problems of troubled public housing agencies and replacing or revitalizing severely distressed public housing projects.”
Mental Health Action Plan
Pub. L. 105–276, title V, § 517112 Stat. 2550
“The Secretary of Housing and Urban Development, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and appropriate State and local officials and representatives, shall—“(1) “(2)
, , , provided that:
42 U.S.C. 143742 U.S.C. 1437f develop an action plan and list of recommendations for the improvement of means of providing severe mental illness treatment to families and individuals receiving housing assistance under the United States Housing Act of 1937 [ et seq.], including public housing residents, residents of multifamily housing assisted with project-based assistance under section 8 of such Act [], and recipients of tenant-based assistance under such section; and
develop and disseminate a list of current practices among public housing agencies and owners of assisted housing that serve to benefit persons in need of mental health care.”
Annual Report
Pub. L. 105–276, title V, § 581112 Stat. 2643
In General .—
Not later than 1 year after the date of the enactment of this Act [], and annually thereafter, the Secretary shall submit a report to the Congress on—
Pub. L. 105–276 the impact of the amendments made by this Act [, see Tables for classification] on—
42 U.S.C. 1437 the demographics of public housing residents and families receiving tenant-based assistance under the United States Housing Act of 1937 [ et seq.]; and
the economic viability of public housing agencies; and
the effectiveness of the rent policies established by this Act and the amendments made by this Act on the employment status and earned income of public housing residents.
Effective Date .—
This section shall take effect on the date of the enactment of this Act [].”
Use of American Products
Pub. L. 105–276, title V, § 584112 Stat. 2645
Purchase of American-Made Equipment and Products .—
Pub. L. 105–276It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act [, see Tables for classification] should be American made.
Notice Requirement .—
In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress.
Effective Date .—
This section shall take effect on the date of the enactment of this Act [].”
GAO Study on Housing Assistance Program Costs
Pub. L. 105–276, title V, § 585112 Stat. 2645
Study .—
The Comptroller General of the United States shall conduct a study that provides an objective and independent accounting and analysis of the full cost to the Federal Government, public housing agencies, State and local governments, and other entities, per assisted household, of the Federal assisted housing programs, taking into account the qualitative differences among Federal assisted housing programs in accordance with applicable standards of the Department of Housing and Urban Development.
Contents .—
The study under this section shall—
analyze the full cost to the Federal Government, public housing agencies, State and local governments, and other parties, per assisted household, of the Federal assisted housing programs, in accordance with generally accepted accounting principles, and shall conduct the analysis on a nationwide and regional basis and in a manner such that accurate per unit cost comparisons may be made between Federal assisted housing programs, including grants, direct subsidies, tax concessions, Federal mortgage insurance liability, periodic renovation and rehabilitation, and modernization costs, demolition costs, and other ancillary costs such as security; and
measure and evaluate qualitative differences among Federal assisted housing programs in accordance with applicable standards of the Department of Housing and Urban Development.
Prohibition of Recommendations .—
In conducting the study under this section and reporting under subsection (e), the Comptroller General may not make any recommendations regarding Federal housing policy.
Federal Assisted Housing Programs .—
For purposes of this section, the term ‘Federal assisted housing programs’ means—
42 U.S.C. 1437 the public housing program under the United States Housing Act of 1937 [ et seq.], except that the study under this section shall differentiate between and compare the development and construction of new public housing and the assistance of existing public housing structures;
42 U.S.C. 1437f(b)(1) the certificate program for rental assistance under section 8(b)(1) of the United States Housing Act of 1937 [];
o42 U.S.C. 1437fo the voucher program for rental assistance under section 8() of the United States Housing Act of 1937 [()];
42 U.S.C. 1437f the programs for project-based assistance under section 8 of the United States Housing Act of 1937 [];
42 U.S.C. 1490a(a)(2)(A) the rental assistance payments program under section 521(a)(2)(A) of the Housing Act of 1949 [];
12 U.S.C. 1701q the program for housing for the elderly under section 202 of the Housing Act of 1959 [];
42 U.S.C. 8013 the program for housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act [];
12 U.S.C. 1715l12 U.S.C. 1715l the program for financing housing by a loan or mortgage insured under section 221(d)(3) of the National Housing Act [(d)(3)] that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act [(d)(5)];
12 U.S.C. 1715z–1 the program under section 236 of the National Housing Act [];
42 U.S.C. 1437f(b)(2) the program for construction or substantial rehabilitation under section 8(b)(2) of the United States Housing Act of 1937 [], as in effect before ; and
any other program for housing assistance administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture, under which occupancy in the housing assisted or housing assistance provided is based on income, as the Comptroller General may determine.
Report .—
Not later than 12 months after the date of the enactment of this Act [], the Comptroller General shall submit to the Congress a final report which shall contain the results of the study under this section, including the analysis and estimates required under subsection (b).
Effective Date .—
This section shall take effect on the date of the enactment of this Act [].”
Limitation on Withholding or Conditioning of Assistance
42 U.S.C. 530112 U.S.C. 170142 U.S.C. 1437section 1441 of this titlesection 3331 of this titlesection 817 of Pub. L. 93–383section 5301 of this titleAssistance provided for in Housing and Community Development Act of 1974 [ et seq.], National Housing Act [ et seq.], United States Housing Act of 1937 [ et seq.], Housing Act of 1949 [see Short Title note set out under ], Demonstration Cities and Metropolitan Development Act of 1966 [see Short Title note set out under ], and Housing and Urban Development Acts of 1965, 1968, 1969, and 1970 not to be withheld or made subject to conditions by reason of tax-exempt status of obligations issued or to be issued for financing of assistance, except as otherwise provided by law, see , set out as a note under .