42 U.S.C. § 1437c | Contributions for low-income housing projects

(a)

Contract authorization; amounts; use as security for obligations of public housing agency; use of existing structures

(1)

The Secretary may make annual contributions to public housing agencies to assist in achieving and maintaining the lower income character of their projects. The Secretary shall embody the provisions for such annual contributions in a contract guaranteeing their payment. The contribution payable annually under this section shall in no case exceed a sum equal to the annual amount of principal and interest payable on obligations issued by the public housing agency to finance the development or acquisition cost of the lower income project involved. Annual contributions payable under this section shall be pledged, if the Secretary so requires, as security for obligations issued by a public housing agency to assist the development or acquisition of the project to which annual contributions relate and shall be paid over a period not to exceed 40 years.

(2)

The Secretary may make contributions (in the form of grants) to public housing agencies to cover the development cost of public housing projects. The contract under which such contributions shall be made shall specify the amount of capital contributions required for each project to which the contract pertains, and that the terms and conditions of such contract shall remain in effect for a 40-year period.

(3)

The amount of contributions that would be established for a newly constructed project by a public housing agency designed to accommodate a number of families of a given size and kind may be established under this section for a project by such public housing agency that would provide housing for the comparable number, sizes, and kinds of families through the acquisition and rehabilitation, or use under lease, of structures that are suitable for low-income housing use and obtained in the local market.

(b)

Maximum amount of contributions; regulations; criteria for rates of contribution

The Secretary may prescribe regulations fixing the maximum contributions available under different circumstances, giving consideration to cost, location, size, rent-paying ability of prospective tenants, or other factors bearing upon the amounts and periods of assistance needed to achieve and maintain low rentals. Such regulations may provide for rates of contribution based upon development, acquisition, or operation costs, number of dwelling units, number of persons housed, interest charges, or other appropriate factors.

(c)

Limitation on aggregate contractual contributions; contracts for preliminary loans; payments of annual contributions; limitations on specific authorities

(1)

October 1, 1980October 1, 1981October 1, 1980October 1, 1980October 1, 1981 The Secretary may enter into contracts for annual contributions aggregating not more than $7,875,049,000 per annum, which amount shall be increased by $1,494,400,000 on , and by $906,985,000 on . The additional authority to enter into such contracts provided on or after , shall be effective only in such amounts as may be approved in appropriation Acts. In addition, the aggregate amount which may be obligated over the duration of the contracts may not exceed $31,200,000,000 with respect to the additional authority provided on , and $18,087,370,000 with respect to the additional authority provided on .

(2)

The Secretary shall enter into only such new contracts for preliminary loans as are consistent with the number of dwelling units for which contracts for annual contributions may be entered into.

(3)

The full faith and credit of the United States is solemnly pledged to the payment of all annual contributions contracted for pursuant to this section, and there are hereby authorized to be appropriated in each fiscal year, out of any money in the Treasury not otherwise appropriated, the amounts necessary to provide for such payments.

(4)

section 1437b(b) of this title All payments of annual contributions pursuant to this section shall be made out of any funds available for purposes of this chapter when such payments are due, except that funds obtained through the issuance of obligations pursuant to (including repayments or other realizations of the principal of loans made out of such funds) shall not be available for the payment of such annual contributions.

(5)

section 1437g of this title During such period as the Secretary may prescribe for starting construction, the Secretary may approve the conversion of public housing development authority for use under or for use for the acquisition and rehabilitation of property to be used in public housing, if the public housing agency, after consultation with the unit of local government, certifies that such assistance would be more effectively used for such purpose, and if the total number of units assisted will not be less than 90 per centum of the units covered by the original reservation.

(6)

oOctober 1, 1983October 1, 1984section 1437f of this titleOctober 1, 1987October 1, 1988October 1, 1990October 1, 1991October 1, 1992 The aggregate amount of budget authority which may be obligated for contracts for annual contributions and for grants under section 1437 of this title is increased by $9,912,928,000 on , and by such sums as may be approved in appropriation Acts on . The aggregate amount of budget authority that may be obligated for contracts for annual contributions for assistance under , for contracts referred to in paragraphs (7)(A)(iv) and (7)(B)(iv), for grants for public housing, for comprehensive improvement assistance, and for amendments to existing contracts, is increased (to the extent approved in appropriation Acts) by $7,167,000,000 on , and by $7,300,945,000 on . The aggregate amount of budget authority that may be obligated for assistance referred to in paragraph (7) is increased (to the extent approved in appropriation Acts) by $16,194,000,000 on , and by $14,709,400,000 on . The aggregate amount of budget authority that may be obligated for assistance referred to in paragraph (7) is increased (to the extent approved in appropriation Acts) by $14,710,990,520 on , and by $15,328,852,122 on October 1993.

(7)

(A)

Using the additional budget authority provided under paragraph (6) and the balances of budget authority that become available during fiscal year 1993, the Secretary shall, to the extent approved in appropriation Acts, reserve authority to enter into obligations aggregating—

(i)

for public housing grants under subsection (a)(2), not more than $830,900,800, of which amount not more than $257,320,000 shall be available for Indian housing;

(ii)

section 1437f of this title section 1437f(i)(2) of this titleo for assistance under , not more than $1,977,662,720, of which $20,000,000 shall be available for 15-year contracts for project-based assistance to be used for a multicultural tenant empowerment and homeownership project located in the District of Columbia, except that assistance provided for such project shall not be considered for purposes of the percentage limitations under ; except that not more than 49 percent of any amounts appropriated under this clause may be used for vouchers under section 1437f() of this title;

(iii)

l for comprehensive improvement assistance grants under section 1437(k) of this title, not more than $3,100,000,000;

(iv)

section 1437f of this title for assistance under for property disposition, not more than $93,032,000;

(v)

section 1437f of this title for assistance under for loan management, not more than $202,000,000;

(vi)

section 1437f of this title section 1437f of this title for extensions of contracts expiring under , not more than $6,746,135,000, which shall be for 5-year contracts for assistance under and for loan management assistance under such section;

(vii)

section 1437f of this title for amendments to contracts under , not more than $1,350,000,000;

(viii)

for public housing lease adjustments and amendments, not more than $83,055,000;

(ix)

section 1421b of this titleAugust 22, 1974section 1437f of this title for conversions from leased housing contracts under (as in effect immediately before ) to assistance under , not more than $12,767,000; and

(x)

section 1437v of this title for grants under for revitalization of severely distressed public housing, not more than $300,000,000.

(B)

Using the additional budget authority provided under paragraph (6) and the balances of budget authority that become available during fiscal year 1994, the Secretary shall, to the extent approved in appropriation Acts, reserve authority to enter into obligations aggregating—

(i)

for public housing grants under subsection (a)(2), not more than $865,798,634, of which amount not more than $268,127,440 shall be available for Indian housing;

(ii)

section 1437f of this title section 1437f(i)(2) of this titleo for assistance under , not more than $2,060,724,554, of which $20,000,000 shall be available for 15-year contracts for project-based assistance to be used for a multicultural tenant empowerment and homeownership project located in the District of Columbia, except that assistance provided for such project shall not be considered for purposes of the percentage limitations under ; except that not more than 49 percent of any amounts appropriated under this clause may be used for vouchers under section 1437f() of this title;

(iii)

l for comprehensive improvement assistance grants under section 1437(k) of this title, not more than $3,230,200,000;

(iv)

section 1437f of this title for assistance under for property disposition, not more than $96,939,344;

(v)

section 1437f of this title for assistance under for loan management, not more than $210,484,000;

(vi)

section 1437f of this title section 1437f of this title for extensions of contracts expiring under , not more than $7,029,472,670, which shall be for 5-year contracts for assistance under and for loan management assistance under such section;

(vii)

section 1437f of this title for amendments to contracts under , not more than $1,406,700,000;

(viii)

for public housing lease adjustments and amendments, not more than $86,543,310;

(ix)

(x)

section 1437v of this title for grants under for revitalization of severely distressed public housing, not more than $312,600,000.

(C)

(i)

section 1437f(b)(1) of this title section 1437f(b)(1) of this title Any amount available for the conversion of a project to assistance under , if not required for such purpose, shall be used for assistance under .

(ii)

section 1437f of this title section 1437f(b)(1) of this title Any amount available for assistance under for property disposition, if not required for such purpose, shall be used for assistance under .

(8)

Any amount available for Indian housing under subsection (a) that is recaptured shall be used only for such housing.

(d)

Scope of contracts for loans or annual contributions

Any contract for loans or annual contributions, or both, entered into by the Secretary with a public housing agency, may cover one or more than one low-income housing project owned by such public housing agency; in the event the contract covers two or more projects, such projects may, for any of the purposes of this chapter and of such contract (including, but not limited to, the determination of the amount of the loan, annual contributions, or payments in lieu of taxes, specified in such contract), be treated collectively as one project.

(e)

Local determination of need as prerequisite for contracts for preliminary loans, and contracts for loans or annual contributions; notice

In recognition that there should be local determination of the need for low-income housing to meet needs not being adequately met by private enterprise—

(1)

the Secretary shall not make any contract with a public housing agency for preliminary loans (all of which shall be repaid out of any moneys which become available to such agency for the development of the projects involved) for surveys and planning in respect to any low-income housing projects (i) unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and (ii) unless the public housing agency has demonstrated to the satisfaction of the Secretary that there is need for such low-income housing which is not being met by private enterprise; and

(2)

the Secretary shall not make any contract for loans (other than preliminary loans) or for contributions pursuant to this chapter unless the governing body of the locality involved has entered into an agreement with the public housing agency providing for the local cooperation required by the Secretary pursuant to this chapter; the Secretary shall require that each such agreement shall provide that, notwithstanding any order, judgment, or decree of any court (including any settlement order), before making any amounts that are provided pursuant to any contract for contributions under this subchapter available for use for the development of any housing or other property not previously used as public housing, the public housing agency shall (A) notify the chief executive officer (or other appropriate official) of the unit of general local government in which the public housing for which such amounts are to be so used is located (or to be located) of such use, and (B) pursuant to the request of such unit of general local government, provide such information as may reasonably be requested by such unit of general local government regarding the public housing to be so assisted (except to the extent otherwise prohibited by law).

(f)

Modification by Secretary of terms of contracts, etc.; limitations; amendment or supersedure of contracts for annual contributions or loans

Subject to the specific limitations or standards in this chapter governing the terms of sales, rentals, leases, loans, contracts for annual contributions, or other agreements, the Secretary may, whenever he deems it necessary or desirable in the fulfillment of the purposes of this chapter, consent to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, security, amount of annual contribution, or any other term, of any contract or agreement of any kind to which the Secretary is a party. When the Secretary finds that it would promote economy or be in the financial interest of the Federal Government or is necessary to assure or maintain the lower income character of the project or projects involved, any contract heretofore or hereafter made for annual contributions, loans, or both, may be amended or superseded by a contract entered into by mutual agreement between the public housing agency and the Secretary. Contracts may not be amended or superseded in a manner which would impair the rights of the holders of any outstanding obligations of the public housing agency involved for which annual contributions have been pledged. Any rule of law contrary to this provision shall be deemed inapplicable.

(g)

Pledge of annual contributions as guarantee of payment of obligations issued by public housing agency; exception

In addition to the authority of the Secretary under subsection (a) to pledge annual contributions as security for obligations issued by a public housing agency, the Secretary is authorized to pledge annual contributions as a guarantee of payment by a public housing agency of all principal and interest on obligations issued by it to assist the development or acquisition of the project to which the annual contributions relate, except that no obligation shall be guaranteed under this subsection if the income thereon is exempt from Federal taxation.

(h)

Audits

(1)

By Secretary and Comptroller General

1 So in original.

Each contract for contributions for any assistance under this chapter to a public housing agency shall provide that the Secretary, the Inspector General of the Department of Housing and Urban Development, and the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination, have access to any books, documents, papers, and records of the public housing agency that are pertinent to this chapter and to its operations with respect to financial assistance under the this  chapter.

(2)

Withholding of amounts for audits under Single Audit Act

The Secretary may, in the sole discretion of the Secretary, arrange for and pay the costs of an audit required under chapter 75 of title 31. In such circumstances, the Secretary may withhold, from assistance otherwise payable to the agency under this chapter, amounts sufficient to pay for the reasonable costs of conducting an acceptable audit, including, when appropriate, the reasonable costs of accounting services necessary to place the agency’s books and records in auditable condition. As agreed to by the Secretary and the Inspector General, the Inspector General may arrange for an audit under this paragraph.

(i)

Prohibition on use of funds

None of the funds made available to the Department of Housing and Urban Development to carry out this chapter, which are obligated to State or local governments, public housing agencies, housing finance agencies, or other public or quasi-public housing agencies, shall be used to indemnify contractors or subcontractors of the government or agency against costs associated with judgments of infringement of intellectual property rights.

Sept. 1, 1937, ch. 896 Pub. L. 93–383, title II, § 201(a)Aug. 22, 197488 Stat. 656 Pub. L. 94–375, § 2(a)Aug. 3, 197690 Stat. 1067 Pub. L. 95–24, title I, § 101(a)Apr. 30, 197791 Stat. 55 Pub. L. 95–128, title II, § 201(a)Oct. 12, 197791 Stat. 1128 Pub. L. 95–557, title II, § 206(a)Oct. 31, 197892 Stat. 2091 Pub. L. 95–619, title II, § 251(a)Nov. 9, 197892 Stat. 3235 Pub. L. 96–153, title II, § 201(a)Dec. 21, 197993 Stat. 1105 Pub. L. 96–399, title IIOct. 8, 198094 Stat. 1624 Pub. L. 97–35, title IIIAug. 13, 198195 Stat. 398 Pub. L. 98–181, title INov. 30, 198397 Stat. 1176 Pub. L. 100–242, title IFeb. 5, 1988101 Stat. 1820 Pub. L. 100–358June 29, 1988102 Stat. 680 Pub. L. 101–625, title IV, § 417(a)Nov. 28, 1990104 Stat. 4161 Pub. L. 102–550, title IOct. 28, 1992106 Stat. 3681 Pub. L. 104–19, title I, § 1002(c)July 27, 1995109 Stat. 236 Pub. L. 104–330, title V, § 501(b)(2)Oct. 26, 1996110 Stat. 4042 Pub. L. 105–276, title VOct. 21, 1998112 Stat. 2531(, title I, § 5, as added , , ; amended , (b), , ; , , ; , (b), , ; , (b), , ; , , ; , (b), , ; , §§ 201(a), 210, , , 1636; , §§ 321(a)–(c), 322(c), , , 402; [title II, § 201(b)], , ; , §§ 101, 112(a), (b)(1), 113–115, , , 1823–1825; renumbered title I and amended , §§ 3, 5, , , 681; , title V, §§ 571, 572(2), , , 4235, 4236; , §§ 101, 111(a), title VI, § 624, , , 3687, 3819; , , ; , , ; , §§ 510, 518(a)(1), (b), 522(b)(1), 566, , , 2551, 2564, 2632.)

Editorial Notes

References in Text

oPub. L. 101–625, title II, § 289(b)Nov. 28, 1990104 Stat. 4128Section 1437 of this title, referred to in subsec. (c)(6), was repealed by , , .

lPub. L. 105–276, title V, § 522(a)Oct. 21, 1998112 Stat. 2564Section 1437 of this title, referred to in subsec. (c)(7)(A)(iii), (B)(iii), was repealed by , , .

Section 1421b of this title Pub. L. 93–383, title II, § 201(a)Aug. 22, 197488 Stat. 653, referred to in subsec. (c)(7)(A)(ix), (B)(ix), was omitted in the general revision of this chapter by , , .

Pub. L. 98–502Oct. 19, 198498 Stat. 2327 section 7501 of Title 31 section 7501 of Title 31The Single Audit Act, referred to in subsec. (h)(2) heading, probably means the Single Audit Act of 1984, , , , which enacted chapter 75 (§ 7501 et seq.) of Title 31, Money and Finance, and provisions set out as notes under . For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under and Tables.

Prior Provisions

act Sept. 1, 1937, ch. 896 50 Stat. 890 section 1405 of this title Pub. L. 93–383A prior section 5 of , , as amended, enumerated miscellaneous powers and functions of the Authority and was classified to , prior to the general revision of this chapter by .

Amendments

Pub. L. 105–276, § 522(b)(1)section 1437g of this titlel1998—Subsec. (c)(5). , substituted “for use under ” for “for use under section 1437 of this title”.

Pub. L. 105–276, § 518(b)Subsec. (e)(2). , inserted before period at end “; the Secretary shall require that each such agreement shall provide that, notwithstanding any order, judgment, or decree of any court (including any settlement order), before making any amounts that are provided pursuant to any contract for contributions under this subchapter available for use for the development of any housing or other property not previously used as public housing, the public housing agency shall (A) notify the chief executive officer (or other appropriate official) of the unit of general local government in which the public housing for which such amounts are to be so used is located (or to be located) of such use, and (B) pursuant to the request of such unit of general local government, provide such information as may reasonably be requested by such unit of general local government regarding the public housing to be so assisted (except to the extent otherwise prohibited by law)”.

Pub. L. 105–276, § 566Subsec. (h). , added subsec. (h).

Pub. L. 105–276, § 518(a)(1)(A), struck out subsec. (h) which read as follows: “Notwithstanding any other provision of law, a public housing agency may sell a low-income housing project to its lower income tenants, on such terms and conditions as the agency may determine, without affecting the Secretary’s commitment to pay annual contributions with respect to that project, but such contributions shall not exceed the maximum contributions authorized under subsection (a) of this section.”

Pub. L. 105–276, § 518(a)(1)lsection 1437f of this titleSubsec. (i). , redesignated subsec. () as (i) and struck out former subsec. (i) which read as follows: “In entering into contracts for assistance with respect to newly constructed or substantially rehabilitated projects under this section (other than for projects assisted pursuant to ), the Secretary shall require the installation of a passive or active solar energy system in any such project where the Secretary determines that such installation would be cost effective over the estimated life of the system.”

Pub. L. 105–276, § 518(a)(1)(A)Sept. 30, 1987Subsecs. (j), (k). , struck out subsecs. (j) and (k), which had: in subsec. (j), placed conditions upon reservation of funds for development of public housing after , and placed limitations on amounts used for redesign, reconstruction, redevelopment, or operational improvement of existing projects, but directed that not less than 5 percent of certain amounts appropriated in fiscal years 1993 and 1994 be reserved for public housing projects designated for elderly or disabled families; and in subsec. (k), prohibited recapture of amounts of public housing development funds reserved to a public housing agency for failure to begin construction or rehabilitation, or to complete acquisition, during 30-month period following date of reservation.

lPub. L. 105–276, § 518(a)(1)(B)lSubsec. (). , redesignated subsec. () as (i).

Pub. L. 105–276, § 510l, added subsec. ().

Pub. L. 104–330, § 501(b)(2)(A)1996—Subsec. (j)(1). , struck out “(other than for Indian families)” after “for public housing” in introductory provisions.

lPub. L. 104–330, § 501(b)(2)(B)lSubsec. (). , struck out subsec. () which read as follows: “The Secretary may not use as a criterion for distributing assistance under this section the progress made by an Indian public housing agency in collecting rents owed by tenants unless—

section 553 of title 5“(1) such criterion is used as 1 of several criteria that are weighted proportionally and is established by regulations issued after public notice and opportunity to comment in accordance with ; or

“(2) the Secretary determines that the Indian public housing agency has demonstrated a pattern of substantial noncompliance with requirements governing the collection of rents.”

Pub. L. 104–19 section 1437aaa–3(g) of this title1995—Subsec. (h). struck out at end “Any such sale shall be subject to the restrictions contained in .”

Pub. L. 102–550, § 101(a)October 1, 19921992—Subsec. (c)(6). , inserted at end “The aggregate amount of budget authority that may be obligated for assistance referred to in paragraph (7) is increased (to the extent approved in appropriation Acts) by $14,710,990,520 on , and by $15,328,852,122 on October 1993.”

Pub. L. 102–550, § 101(b)Subsec. (c)(7)(A), (B). , added subpars. (A) and (B) and struck out former subpars. (A) and (B) which directed Secretary to reserve authority to enter into certain obligations aggregating specified amounts using par. (6) budget authority and balances of such authority available in fiscal years 1991 and 1992.

Pub. L. 102–550, § 624(c)(1)Subsec. (j)(1)(D). , which directed the striking of “and” at end, was executed by striking “or” at end to reflect the probable intent of Congress.

Pub. L. 102–550, § 624(c)(3)Subsec. (j)(1)(E). , which directed amendment of subsec. (j)(1) by adding at the end a new subpar. (E), was executed by adding subsec. (E) after subpar. (D) to reflect the probable intent of Congress. Former subpar. (E) redesignated (F).

Pub. L. 102–550, § 624(c)(2)Subsec. (j)(1)(F). , redesignated subpar. (E) as (F).

Pub. L. 102–550, § 624(a)Subsec. (j)(2). , added subpar. (G).

Pub. L. 102–550, § 111(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Notwithstanding any other provision of law, not more than 20 percent of the funds appropriated for development of public housing also may be committed by the Secretary for the substantial redesign, reconstruction, or redevelopment of existing public housing projects or units, which work shall be carried out pursuant to the rules and regulations applicable to the development of public housing.”

Pub. L. 102–550, § 624(b)Subsec. (j)(3). , added par. (3).

Pub. L. 101–625, § 572(2)1990—Subsec. (a)(3). , substituted “low-income housing” for “lower income housing”.

Pub. L. 101–625, § 571(a)October 1, 1990October 1, 1991Subsec. (c)(6). , inserted at end “The aggregate amount of budget authority that may be obligated for assistance referred to in paragraph (7) is increased (to the extent approved in appropriation Acts) by $16,194,000,000 on , and by $14,709,400,000 on .”

Pub. L. 101–625, § 571(b)Subsec. (c)(7)(A), (B). , amended subpars. (A) and (B) generally, substituting present provisions for provisions directing Secretary to reserve authority to enter into certain obligations aggregating specified amounts using par. (6) budget authority and balances of such authority available in fiscal years 1988 and 1989.

Pub. L. 101–625, § 572(2)Subsecs. (d), (e). , substituted “low-income housing” for “lower income housing” wherever appearing.

Pub. L. 101–625, § 572(2)Subsec. (h). , substituted “low-income housing” for “lower income housing”.

Pub. L. 101–625, § 417(a)section 1437aaa–3(g) of this title, inserted at end “Any such sale shall be subject to the restrictions contained in .”

Pub. L. 100–242, § 112(b)(1)(A)1988—, substituted “Contributions” for “Annual contributions” in section catchline.

Pub. L. 100–242, § 112(a)Subsec. (a). , amended subsec. (a) generally, revising and restating as pars. (1) to (3) provisions formerly contained in a single unnumbered par.

Pub. L. 100–242, § 101(a)Oct. 1, 1987Oct. 1, 1988Subsec. (c)(6). , inserted sentence at end providing for increases on , and , of aggregate amount of budget authority that may be obligated for specified purposes.

Pub. L. 100–242, § 101(b)section 1437f(b)(1) of this title section 1437f(b)(1) of this titleSubsec. (c)(7). , amended par. (7) generally, substituting provisions relating to Secretary’s authority to enter into obligations under this section for fiscal years 1988 and 1989, for provisions relating to Secretary’s authority for fiscal years 1984 and 1985 and substituting provisions whereby amounts available for conversion of project to assistance under and amounts available for assistance under section 1437f for property disposition, if not required for such purpose, shall be used for assistance under , for provisions wherein specific authorities under this paragraph would be subject to adjustments under par. (5) of this subsection.

Pub. L. 100–358, § 3Subsec. (c)(8). , added par. (8).

Pub. L. 100–242, § 112(b)(1)(B)Subsec. (e)(2). , struck out “annual” before “contributions”.

lPub. L. 100–242lSubsecs. (j) to (). , §§ 113–115, added subsecs. (j) to ().

Pub. L. 98–181, § 201(b)(1)Oct. 1, 1980section 1439(d) of this title1983—Subsec. (c)(1). , struck out concluding provision requiring the Secretary, in utilizing the additional authority to enter into contracts on and after , to administer the authorized programs to provide assistance, to the maximum extent practicable, consistent with .

Pub. L. 98–181, § 201(b)(2)Oct. 1, 1980lSubsec. (c)(2). , redesignated par. (4) as (2), and struck out former par. (2) which from funds made available on , had required at least $100,000,000 be available for section 1437 projects, and from remaining difference limited use of funds to 37.5 and 62.5 per centum for existing section 1437f projects and for newly constructed and substantially rehabilitated units.

Pub. L. 98–181, § 201(b)(2)Oct. 1, 1981lSubsec. (c)(3). , redesignated par. (5) as (3), and struck out former par. (3) which from funds made available on , had required at least $75,000,000 be available for section 1437 projects, from remaining difference allocated sums as provided in section 1439(d) for different community and area uses, and from remaining difference required the accommodation of preferences of units of local government based on stated factors.

Pub. L. 98–181, § 201(b)(2)Subsec. (c)(4). , redesignated par. (6) as (4). Former par. (4) redesignated (2).

Pub. L. 98–181, § 201(b)(3)Subsec. (c)(5) to (7). , added pars. (5) to (7). Former pars. (5) and (6) redesignated (3) and (4), respectively.

Pub. L. 97–35, § 321(a)Oct. 1, 1981Oct. 1, 1981Subsec. (c). –(c), in par. (1) inserted provisions relating to increases on , and amount respecting additional authority as of , added par. (3), and redesignated former pars. (3) to (5) as (4) to (6), respectively.

Pub. L. 97–35, § 322(c)Subsecs. (d) to (f), (h). , substituted references to lower income for references to low-income wherever appearing.

Pub. L. 96–399, § 201(a)1980—Subsec. (c). , redesignated existing provisions as par. (1), among other changes, substituted provisions relating to the discretionary power of the Secretary to enter into contracts for annual contributions for provisions authorizing the Secretary to enter into such contracts, deleted references to contributions for assistance to Indian tribes, and added pars. (2) to (5).

Pub. L. 96–399, § 210Subsec. (i). , added subsec. (i).

Pub. L. 96–153Oct. 1, 1979section 1437f of this title1979—Subsec. (c). authorized increase in aggregate contractual contributions by $1,140,661,000 on , and inserted requirements that out of such additional authority not more than $195,053,000 be authorized to be approved in appropriation acts for units assisted under this chapter other than under and that not less than $50,000,000 of the later amount be authorized to be approved for modernization of the units.

Pub. L. 95–6191978—Subsec. (c). authorized the Secretary to enter into annual contribution contracts aggregating not more than $10,000,000 per annum for financing the purchase and installation of energy conserving improvement in existing low-income housing projects which the Secretary determined had the greatest need for such improvements.

Pub. L. 95–557October 1, 1978October 1, 1977October 1, 1978October 1, 1976October 1, 1978section 5304(a)(4) of this titleOctober 1, 1976section 5304(a)(4) of this titleOct. 1, 1977section 1701q of title 12 inserted “and by $1,195,043,000 on ” after “”, “and on and after ” after “” and “Of the additional authority to enter into contracts for annual contributions provided on , and approved in appropriation Acts, the Secretary shall make available not less than $50,000,000 for modernization of low-income housing projects” after “pursuant to ”, and struck out provisions after “only such amounts as may be approved in appropriations Acts” mandating that of the additional authority to enter into contracts provided on , at least $60,000,000 be made available for modernization of low-income housing projects and at least $140,000,000 to assist in financing low-income housing projects for ownership by public housing agencies other than under section 1437f, of which not less than $100,000,000 shall be available only for the purpose of financing the construction or rehabilitation of low-income housing projects, and provision after “plans prepared pursuant to ” mandating that of the additional authority to enter into contracts for annual contributions provided on , not less than $42,500,000 shall be made available for low-income housing projects, not less than $197,139,200 for low-income housing projects permanently financed by loans from State housing finance or State development agencies, and not less than $120,000,000 for low-income housing projects permanently financed by loans pursuant to .

Pub. L. 95–128Oct. 1, 1977section 1701q of title 121977—Subsec. (c). authorized increase in aggregate contractual contributions by $1,159,995,000 on , and required the Secretary to make available therefrom minimum amounts of $42,500,000 for modernization of low-income housing projects, $197,139,200 for such projects financed by loans from State housing finance or State development agencies, and $120,000,000 for such projects financed by loans pursuant to .

Pub. L. 95–24October 1, 1976October 1, 1976 substituted “and by $1,228,050,000 on ” for “and by $850,000,000 on ”.

Pub. L. 94–375July 1, 1974July 1, 1975October 1, 1976July 1, 1975July 1, 1971July 1, 1972July 1, 1973July 1, 1974Oct. 1, 1976October 1, 1976July 1, 19751976—Subsec. (c). substituted “$1,524,000,000 per annum, which limit shall be increased by $965,000,000 on , by $662,300,000 on , and by $850,000,000 on , except that the additional authority to enter into contracts for annual contributions provided on or after , shall be effective only in such amounts as may be approved in appropriation Acts” for “$1,199,250,000 per annum, which limit shall be increased by $225,000,000 on , by $150,000,000 on , by $400,000,000 on , and by $965,000,000 on ”, provision requiring the Secretary make available a total of at least $200,000,000 for modernization and financing of low-income housing projects under the additional authority to enter into contracts for annual contributions provided on , for provision which required the Secretary to enter into contracts for annual contributions of at least $150,000,000 to assist in financing the development or acquisition cost of low-income housing projects, inserted “and by not less than $17,000,000 per annum on ,” after “not less than $15,000,000 per annum, on ”, and struck out “to the amounts of contracts for annual contributions required to be entered into by the Secretary under the second sentence of this subsection” after “In addition”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–276Oct. 1, 1999section 503 of Pub. L. 105–276 section 1437 of this titleAmendment by title V of effective and applicable beginning upon , except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–330Oct. 1, 1997section 107 of Pub. L. 104–330 section 4101 of Title 25Amendment by effective , except as otherwise expressly provided, see , set out as an Effective Date note under , Indians.

Effective Date of 1995 Amendment

Pub. L. 104–19, title I, § 1002(d)July 27, 1995109 Stat. 236 Pub. L. 104–134, title I, § 101(e) [title II, § 201(b)(1)]Apr. 26, 1996110 Stat. 1321–257 Pub. L. 104–140, § 1(a)May 2, 1996110 Stat. 1327 Pub. L. 104–204, title II, § 201(b)Sept. 26, 1996110 Stat. 2892 Pub. L. 105–65, title II, § 201(a)Oct. 27, 1997111 Stat. 1364September 30, 1995September 30, 1998, , , as amended by , , , 1321–278; renumbered title I, , , ; , , ; , , , provided that: Subsections (a), (b), and (c) [amending this section and sections 1437p and 1437aaa–3 of this title] shall be effective for applications for the demolition, disposition, or conversion to homeownership of public housing approved by the Secretary, and other consolidation and relocation activities of public housing agencies undertaken, on, before, or after and on or before .”

Effective Date of 1992 Amendment

Pub. L. 102–550Oct. 28, 1992section 13642 of this titleAmendment by subtitles B through F of title VI [§§ 621–685] of applicable upon expiration of 6-month period beginning , except as otherwise provided, see .

Effective Date of 1990 Amendment

Pub. L. 101–625, title IV, § 417(b)Nov. 28, 1990104 Stat. 4161

October 1, 1990“The amendment made by subsection (a) [amending this section] shall not apply to applications submitted under section 5(h) of the United States Housing Act of 1937 [subsec. (h) of this section] prior to .”

, , , provided that:

Effective Date of 1988 Amendment

Pub. L. 100–358 section 6 of Pub. L. 100–358 section 1437a of this titleFor date on which Secretary of Housing and Urban Development may carry out programs to provide lower income housing on Indian reservations and other Indian areas only in accordance with amendment by , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–35Oct. 1, 1981section 371 of Pub. L. 97–35 section 3701 of Title 12Amendment by effective , see , set out as an Effective Date note under , Banks and Banking.

Effective Date of 1978 Amendment

Pub. L. 95–557, title II, § 206(h)Oct. 31, 197892 Stat. 2093

section 1437f of this titleOctober 1, 1978“The amendments made by this section [amending this section and sections 1437a, 1437f, and 1437g of this title], except the amendment made by subsection (d) [amending ], shall become effective on .”

, , , provided that:

Effective Date of 1976 Amendment

Pub. L. 94–375, § 2(b)(1)Aug. 3, 197690 Stat. 1067Oct. 1, 1976, (2), , , provided that the amendment of subsec. (c), which required the Secretary to make available a total of $200,000,000 for modernization and financing of low-income housing and which struck out reference to the amount of contracts the Secretary was required to enter into under the second sentence of this subsection, is effective .

Effective Date

Aug. 22, 1974section 201(b) of Pub. L. 93–383 section 1437 of this titleSection effective on such date or dates as the Secretary of Housing and Urban Development shall prescribe, but not later than eighteen months after , except that all of the provisions of this section shall become effective on the same date, see , set out as a note under .

Regulations

Pub. L. 102–550, title I, § 111(c)Oct. 28, 1992106 Stat. 3689

l42 U.S.C. 1437a“The Secretary shall issue regulations necessary to carry out the amendments made by this section [amending this section and sections 1437 and 1437p of this title] as provided under section 191 of this Act [ note].”

, , , provided that:

Inapplicability of Certain 1992 Amendments to Indian Public Housing

section 624 of Pub. L. 102–550 section 626 of Pub. L. 102–550 section 1437a of this titleAmendment by not applicable with respect to lower income housing developed or operated pursuant to contract between Secretary of Housing and Urban Development and Indian housing authority, see , set out as a note under .

Increase in Budget Authority for Certificate and Voucher Programs for Disaster Relief

Pub. L. 101–625, title IX, § 931Nov. 28, 1990104 Stat. 4403 Pub. L. 105–276, title V, § 550(c)Oct. 21, 1998112 Stat. 2609

42 U.S.C. 1437c(c)42 U.S.C. 1437f 42 U.S.C. 5121“The budget authority available under section 5(c) of the United States Housing Act of 1937 () for tenant-based assistance under section 8 of the United States Housing Act of 1937 [] is authorized to be increased in any fiscal year in which a major disaster is declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act [ et seq.] in such amounts as may be necessary to provide assistance under such programs for individuals and families whose housing has been damaged or destroyed as a result of such disaster, except that in implementing this section, the Secretary shall evaluate the natural hazards to which any permanent replacement housing is exposed and shall take appropriate action to mitigate such hazards.”

, , , as amended by , , , provided that:

Increase in Budget Authority for Moderate Rehabilitation Program for Disaster Relief

Pub. L. 101–625, title IX, § 932Nov. 28, 1990104 Stat. 4403

42 U.S.C. 1437c(c)42 U.S.C. 1437f(e)(2)42 U.S.C. 5121“The budget authority available under section 5(c) of the United States Housing Act of 1937 () for assistance under the moderate rehabilitation program under section 8(e)(2) of such Act [] is authorized to be increased in any fiscal year in which a major disaster is declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act [ et seq.] in such amount as may be necessary to provide assistance under such program for individuals and families whose housing has been damaged or destroyed as a result of such disaster, except that in implementing this section, the Secretary shall evaluate the natural hazards to which any permanent replacement housing is exposed and shall take appropriate action to mitigate such hazards.”

, , , provided that: