42 U.S.C. § 1437e | Designated housing for elderly and disabled families

(a)

Authority to provide designated housing

(1)

In general

Subject only to provisions of this section and notwithstanding any other provision of law, a public housing agency for which a plan under subsection (d) is in effect may provide public housing projects (or portions of projects) designated for occupancy by (A) only elderly families, (B) only disabled families, or (C) elderly and disabled families.

(2)

Priority for occupancy

In determining priority for admission to public housing projects (or portions of projects) that are designated for occupancy as provided in paragraph (1), the public housing agency may make units in such projects (or portions) available only to the types of families for whom the project is designated.

(3)

Eligibility of near-elderly families

If a public housing agency determines that there are insufficient numbers of elderly families to fill all the units in a project (or portion of a project) designated under paragraph (1) for occupancy by only elderly families, the agency may provide that near-elderly families may occupy dwelling units in the project (or portion).

(b)

Standards regarding evictions

1 See References in Text note below.

Except as provided in section 1437n(e)(1)(B)  of this title, any tenant who is lawfully residing in a dwelling unit in a public housing project may not be evicted or otherwise required to vacate such unit because of the designation of the project (or portion of a project) pursuant to this section or because of any action taken by the Secretary or any public housing agency pursuant to this section.

(c)

Relocation assistance

A public housing agency that designates any existing project or building, or portion thereof, for occupancy as provided under subsection (a)(1) shall provide, to each person and family who agrees to be relocated in connection with such designation—

(1)

notice of the designation and an explanation of available relocation benefits, as soon as is practicable for the agency and the person or family;

(2)

section 1437f of this title access to comparable housing (including appropriate services and design features), which may include tenant-based rental assistance under , at a rental rate paid by the tenant that is comparable to that applicable to the unit from which the person or family has vacated; and

(3)

payment of actual, reasonable moving expenses.

(d)

Required plan

A plan under this subsection for designating a project (or portion of a project) for occupancy under subsection (a)(1) is a plan, prepared by the public housing agency for the project and submitted to the Secretary, that—

(1)

establishes that the designation of the project is necessary—

(A)

section 12705 of this title to achieve the housing goals for the jurisdiction under the comprehensive housing affordability strategy under ; and

(B)

to meet the housing needs of the low-income population of the jurisdiction; and

(2)

includes a description of—

(A)

the project (or portion of a project) to be designated;

(B)

the types of tenants for which the project is to be designated;

(C)

any supportive services to be provided to tenants of the designated project (or portion);

(D)

¹ how the design and related facilities (as such term is defined in section 1701q(d)(8)  of title 12) of the project accommodate the special environmental needs of the intended occupants; and

(E)

any plans to secure additional resources or housing assistance to provide assistance to families that may have been housed if occupancy in the project were not restricted pursuant to this section.

For purposes of this subsection, the term “supportive services” means services designed to meet the special needs of residents.

(e)

Review of plans

(1)

Review and notification

The Secretary shall conduct a limited review of each plan under subsection (d) that is submitted to the Secretary to ensure that the plan is complete and complies with the requirements of subsection (d). The Secretary shall notify each public housing agency submitting a plan whether the plan complies with such requirements not later than 60 days after receiving the plan. If the Secretary does not notify the public housing agency, as required under this paragraph or paragraph (2), the plan shall be considered, for purposes of this section, to comply with the requirements under subsection (d) and the Secretary shall be considered to have notified the agency of such compliance upon the expiration of such 60-day period.

(2)

Notice of reasons for determination of noncompliance

If the Secretary determines that a plan, as submitted, does not comply with the requirements under subsection (d), the Secretary shall specify in the notice under paragraph (1) the reasons for the noncompliance and any modifications necessary for the plan to meet such requirements.

(3)

Standards for determination of noncompliance

The Secretary may determine that a plan does not comply with the requirements under subsection (d) only if—

(A)

the plan is incomplete in significant matters required under such subsection; or

(B)

there is evidence available to the Secretary that challenges, in a substantial manner, any information provided in the plan.

(4)

Treatment of existing plans

March 28, 1996March 28, 1996Notwithstanding any other provision of this section, a public housing agency shall be considered to have submitted a plan under this subsection if the agency has submitted to the Secretary an application and allocation plan under this section (as in effect before ) that have not been approved or disapproved before .

(f)

Effectiveness

(1)

5-year effectiveness of original plan

A plan under subsection (d) shall be in effect for purposes of this section during the 5-year period that begins upon notification under subsection (e)(1) of the public housing agency that the plan complies with the requirements under subsection (d).

(2)

Renewal of plan

Upon the expiration of the 5-year period under paragraph (1) or any 2-year period under this paragraph, an agency may extend the effectiveness of the designation and plan for an additional 2-year period (that begins upon such expiration) by submitting to the Secretary any information needed to update the plan. The Secretary may not limit the number of times a public housing agency extends the effectiveness of a designation and plan under this paragraph.

(3)

Transition provision

March 28, 1996March 28, 1996Any application and allocation plan approved under this section (as in effect before ) before , shall be considered to be a plan under subsection (d) that is in effect for purposes of this section for the 5-year period beginning upon such approval.

(g)

Inapplicability of Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970

42 U.S.C. 4601No tenant of a public housing project shall be considered to be displaced for purposes of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970 [ et seq.] because of the designation of any existing project or building, or portion thereof, for occupancy as provided under subsection (a) of this section.

Sept. 1, 1937, ch. 896 Pub. L. 93–383, title II, § 201(a)Aug. 22, 197488 Stat. 662 Pub. L. 95–557, title IV, § 412Oct. 31, 197892 Stat. 2110 Pub. L. 100–242, title I, § 112(b)(3)Feb. 5, 1988101 Stat. 1824 Pub. L. 100–358, § 5June 29, 1988102 Stat. 681 Pub. L. 102–550, title VI, § 622(a)Oct. 28, 1992106 Stat. 3813 Pub. L. 104–99, title IV, § 402(d)(6)(A)(ii)Jan. 26, 1996110 Stat. 42 Pub. L. 104–120, § 10(a)Mar. 28, 1996110 Stat. 838 Pub. L. 104–330, title V, § 501(b)(4)Oct. 26, 1996110 Stat. 4042 Pub. L. 105–276, title V, § 595(d)Oct. 21, 1998112 Stat. 2656 (, title I, § 7, as added , , ; amended , , ; , , ; renumbered title I, , , ; amended , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 1437n(e)(1)(B) of this title Pub. L. 105–276, title V, § 576(d)(2)Oct. 21, 1998112 Stat. 2640 , referred to in subsec. (b), was repealed by , , .

Section 1701q of title 12 Pub. L. 101–625, title VIII, § 801(a)Nov. 28, 1990104 Stat. 4297 , referred to in subsec. (d)(2)(D), was amended generally by , , , and, as so amended, does not contain a subsec. (d)(8) or a definition of the term “related facilities”.

Pub. L. 91–646Jan. 2, 197184 Stat. 1894 section 4601 of this titleThe Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, referred to in subsec. (g), probably means the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, , , , which is classified principally to chapter 61 (§ 4601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

act Sept. 1, 1937, ch. 896 50 Stat. 891 section 1407 of this title Pub. L. 93–383A prior section 7 of , , as amended, required publication of information and submission of annual report by the Authority and was classified to , prior to the general revision of this chapter by .

Amendments

Pub. L. 105–2761998—Subsec. (h). struck out heading and text of subsec. (h). Text read as follows: “The provisions of this section shall not apply with respect to low-income housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority.”

Pub. L. 104–330, § 501(b)(4)ll1996—, which directed amendment of “subsection 7” of the United States Housing Act of 1937, probably meaning this section, by striking subsec. (), could not be executed because this section does not contain a subsec. ().

Pub. L. 104–120 amended section generally, restating former subsecs. (a) to (g) relating to designated housing as subsecs. (a) to (h) relating to designated housing for elderly and disabled families.

Pub. L. 104–99 Pub. L. 104–120Oct. 1, 1995Subsec. (a)(2). , which directed the temporary amendment of par. (2) by substituting “in accordance with the written system of preferences for selection established pursuant to” for “according to the preferences for occupancy under”, could not be executed because of the amendment by which amended section generally retroactive to . See Effective and Termination Dates of 1996 Amendments note below.

Pub. L. 102–5501992— amended section generally, substituting present provisions for provisions relating to and defining “congregate housing” and providing for design, development, and acquisition of congregate housing for displaced or elderly families, limitation on amounts for contracts for congregate housing, and costs for central dining facilities.

Pub. L. 100–2421988— struck out “annual” before “contributions” in proviso.

Pub. L. 95–557January 1, 1979January 1, 19791978— substituted “(1) low-rent housing which, as of , was built or under construction, with which there is connected a central dining facility where wholesome and economical meals can be served to such occupants; or (2) low-rent housing constructed after, but not under construction prior to, , connected with which there is a central dining facility to provide wholesome and economical meals for such occupants. Such occupants of congregate housing may also be provided with other supportive services appropriate to their needs under title IV of the Housing and Community Development Amendments of 1978” for “low-income housing (A) in which some or all of the dwelling units do not have kitchen facilities, and (B) connected with which there is a central dining facility to provide wholesome and economical meals for elderly and displaced families under terms and conditions prescribed by the public housing agency to permit a generally self-supporting operation”.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 1996 Amendments

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.

Pub. L. 104–120Oct. 1, 1995Pub. L. 104–120 section 13 of Pub. L. 104–120 section 1437d of this titleAmendment by to be construed to have become effective , notwithstanding the effective date of any regulations issued by Secretary of Housing and Urban Development to implement amendments by sections 9 and 10 of or any failure by Secretary to issue any such regulations, see , set out as a note under .

Pub. L. 104–99Jan. 26, 1996Oct. 21, 1998section 402(f) of Pub. L. 104–99 section 514(f) of Pub. L. 105–276 section 1437a of this titleAmendment by effective , only for fiscal years 1996, 1997, and 1998, and to cease to be effective , see , as amended, and , set out as notes under .

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 .

Inapplicability of Certain 1992 Amendments to Indian Public Housing

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 .