Applicability of approved plan to housing assistance application; procedure upon receipt of application by Secretary of Housing and Urban Development; definitions
Housing assistance applications subject to procedures
Pub. L. 105–276, title V, § 551(1)112 Stat. 2610 Repealed. , ,
Allocation and reservation of housing assistance funds; purposes; prohibited reallocation of unutilized funds; enumerated uses for retained funds; competition for reservation and obligation of funds
Assistance payments for properties in Jefferson County, Texas
42 U.S.C. 1437f(b)(1)42 U.S.C. 1437fFrom budget authority made available in appropriation Acts for fiscal year 1988, the Secretary shall enter into an annual contributions contract for a term of 180 months to obligate sufficient funds to provide assistance payments pursuant to section 8(b)(1) of the United States Housing Act of 1937 [] on behalf of 500 lower income families from budget authority made available for fiscal year 1988, so long as such families occupy properties in Jefferson County, Texas. If a lower income family receiving assistance payments pursuant to this subsection ceases to qualify for assistance payments pursuant to the provisions of section 8 of such Act [] or of this subsection during the 180-month term of the annual contributions contract, assistance payments shall be made on behalf of another lower income family who occupies a unit identified in the previous sentence.
Pub. L. 93–383, title II, § 21388 Stat. 674 Pub. L. 95–128, title II, § 20791 Stat. 1130 Pub. L. 96–153, title II, § 20493 Stat. 1108 Pub. L. 96–399, title II, § 202(d)94 Stat. 1629 Pub. L. 97–35, title III, § 321(e)95 Stat. 399 Pub. L. 98–181, title I97 Stat. 1175 Pub. L. 98–479, title I, § 102(e)98 Stat. 2222 Pub. L. 100–242, title V, § 522(a)101 Stat. 1938 Pub. L. 101–235, title I103 Stat. 1988–1990 Pub. L. 101–494, § 5104 Stat. 1186 Pub. L. 101–625, title V104 Stat. 4233 Pub. L. 102–389, title II106 Stat. 1591 Pub. L. 102–550, title I, § 154106 Stat. 3718 Pub. L. 104–330, title V, § 501(d)(3)110 Stat. 4043 Pub. L. 105–276, title V112 Stat. 2564 (, , ; , , ; , , ; , , ; , , ; [title II, § 201(a)(1), (2)], , ; , , ; , , ; , §§ 101(a)–(c), (e), 104(a), , , 1998; , , ; , §§ 556, 576, title VIII, §§ 801(b), 804(e), , , 4238, 4303, 4323; , , ; , , ; , , ; , §§ 522(b)(2), 551, , , 2610.)
Editorial Notes
References in Text
act Sept. 1, 1937, ch. 896 Pub. L. 93–383, title II, § 201(a)88 Stat. 653 oPub. L. 101–625, title II, § 289(b)104 Stat. 4128 section 1437 of this titleThe United States Housing Act of 1937, referred to in subsec. (a)(1), is , as revised generally by , , , which is classified generally to this chapter (§ 1437 et seq.). Section 17 of the United States Housing Act of 1937, referred to in subsec. (d)(1)(B)(i), which was classified to section 1437 of this title, was repealed by , , . For complete classification of this Act to the Code, see Short Title note under and Tables.
section 101 of Pub. L. 89–11779 Stat. 451 section 1701s of Title 12Section 101 of the Housing and Urban Development Act of 1965, referred to in subsec. (a)(1), is , , , which enacted , Banks and Banking, and amended sections 1451 and 1465 of this title.
Pub. L. 93–38388 Stat. 633 section 5301 of this titleThis Act, referred to in subsec. (a)(5), is , , , known as the Housing and Community Development Act of 1974. Title I of the Housing and Community Development Act of 1974 is classified principally to chapter 69 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 90–44882 Stat. 476 section 4528 of this titlesection 1701 of Title 12The Housing and Urban Development Act of 1968, referred to in subsec. (b)(2), is , , . Title IV of the Housing and Urban Development Act of 1968 which was classified principally to chapter 48 (§ 3901 et seq.) of this title, was omitted from the Code pursuant to , which terminated the authority to guarantee bonds, debentures, notes, or other obligations under such title IV, after . For complete classification of this Act to the Code, see Short Title note set out under , Banks and Banking, and Tables.
Pub. L. 91–60984 Stat. 1770 section 1701 of Title 12The Housing and Urban Development Act of 1970, referred to in subsec. (b)(2), is , , . Title VII of the Housing and Urban Development Act of 1970, known as the Urban Growth and New Community Development Act of 1970, is classified principally to chapter 59 (§ 4501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1970 Amendment note set out under .
Section 1441a(c) of title 12Pub. L. 111–203, title III, § 364(b)124 Stat. 1555 , referred to in subsec. (d)(1)(A)(i), was repealed by , , .
Pub. L. 101–625104 Stat. 4079 section 12701 of this titleThe Cranston-Gonzalez National Affordable Housing Act, referred to in subsec. (d)(1)(A)(ii), is , , . Title II of the Act, known as the “HOME Investments Partnership Act”, is classified principally to subchapter II (§ 12721 et seq.) of chapter 130 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 105–276, title V, § 551(2)(C)112 Stat. 2610 Paragraph (4), referred to in subsec. (d)(4)(D), was redesignated paragraph (3) of subsec. (d) by , , .
Codification
Section was enacted as part of the Housing and Community Development Act of 1974, and not as part of the United States Housing Act of 1937 which comprises this chapter.
Amendments
Pub. L. 105–276, § 551(1)1998—Subsec. (c). , struck out subsec. (c) which read as follows: “For areas in which an approved local housing assistance plan is not applicable the Secretary shall not approve an application for housing assistance unless he determines that there is a need for such assistance, taking into consideration any applicable State housing plans, and that there is or will be available in the area public facilities and services adequate to serve the housing proposed to be assisted. The Secretary shall afford the unit of general local government in which the assistance is to be provided an opportunity, during a 30-day period following receipt of an application by him, to provide comments or information relevant to the determination required to be made by the Secretary under this subsection.”
Pub. L. 105–276, § 551(2)(A)(i)oSubsec. (d)(1)(A)(i). , inserted at end “Amounts for tenant-based assistance under section 8() of the United States Housing Act of 1937 may not be provided to any public housing agency that has been disqualified from providing such assistance.”
Pub. L. 105–276, § 551(2)(A)(ii)oSubsec. (d)(1)(A)(ii). , substituted “8()” for “8(b)(1)” in two places.
Pub. L. 105–276, § 522(b)(2)Subsec. (d)(1)(B)(i). , which directed the amendment of subsec. (d)(1)(B)(ii), by striking out “or 14”, was executed by striking out “or 14” after “9” in subsec. (d)(1)(B)(i) to reflect the probable intent of Congress.
Pub. L. 105–276, § 551(2)(B)section 1490m of this titleSubsec. (d)(2) to (5). , (C), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “Not later than sixty days after approval in an appropriation Act, the Secretary shall allocate from the amounts available for use in nonmetropolitan areas an amount of authority for assistance under section 8(d) of the United States Housing Act of 1937 determined in consultation with the Secretary of Agriculture for use in connection with during the fiscal year for which such authority is approved. The amount of assistance allocated to nonmetropolitan areas pursuant to this section in any fiscal year shall not be less than 20 nor more than 25 per centum of the total amount of the assistance that is subject to allocation under paragraph (1)(A).”
Pub. L. 104–3301996—Subsec. (d)(1)(B)(ii). substituted “public housing” for “public and Indian housing”.
Pub. L. 102–389Pub. L. 102–5501992—Subsec. (e). and amended subsec. (e) identically, substituting “Jefferson County, Texas” for “the Park Central New Community Project or in adjacent areas that are recognized by the unit of general local government in which such Project is located as being included within the Park Central New Town In Town Project”.
Pub. L. 101–625, § 801(b)1990—Subsec. (a)(1). , struck out “section 202 of the Housing Act of 1959” before “, if the unit”.
Pub. L. 101–625, § 576Subsec. (a)(5). , inserted at end “In developing a housing assistance plan under this paragraph a unit of general local government shall consult with local public agencies involved in providing for the welfare of children to determine the housing needs of (A) families identified by the agencies as having a lack of adequate housing that is a primary factor in the imminent placement of a child in foster care or in preventing the discharge of a child from foster care and reunification with his or her family; and (B) children who, upon discharge of the child from foster care, cannot return to their family or extended family and for which adoption is not available. The unit of general local government shall include in the housing assistance plan needs and goals with respect to such families and children.”
Pub. L. 101–625, § 556Subsec. (d)(1)(A). , designated existing provisions as cl. (i) and added cl. (ii).
Pub. L. 101–494 inserted after first sentence “The Secretary may allocate assistance under the preceding sentence in such a manner that each State shall receive not less than one-half of one percent of the amount of funds available for each program referred to in subsection (a)(1) in each fiscal year.”
Pub. L. 101–625, § 804(e)section 1441a(c) of title 12Pub. L. 101–625, § 556Subsec. (d)(1)(A)(i). , which directed amendment of subpar. (A) by inserting after the period at end “The preceding sentence shall not apply to projects acquired from the Resolution Trust Corporation under .”, was executed by making the insertion after the period at end of cl. (i), to reflect the probable intent of Congress and the intervening amendment by . See above.
Pub. L. 101–235, § 101(e)1989—Subsec. (a)(1). , struck out “section 235 or 236 of the National Housing Act,” before “section 101 of the Housing and Urban Development Act of 1965”.
Pub. L. 101–235, § 101(a)Subsec. (d)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary shall allocate assistance referred to in subsection (a) of this section (other than assistance approved in appropriation Acts for use under sections 9, 14, and 17 of the United States Housing Act of 1937) the first time it is available for reservation on the basis of a formula which is contained in a regulation prescribed by the Secretary, and which is based on the relative needs of different States, areas, and communities as reflected in data as to population, poverty, housing overcrowding, housing vacancies, amount of substandard housing, and other objectively measurable conditions specified in such regulation. Any amounts allocated to a State or areas or communities within a State which are not likely to be utilized within a fiscal year shall not be reallocated for use in another State unless the Secretary determines that other areas or communities within the same State cannot utilize the amounts within that same fiscal year.”
Pub. L. 101–235, § 101(b)Subsec. (d)(2). , substituted “of the assistance that is subject to allocation under paragraph (1)(A)” for “of such assistance”.
Pub. L. 101–235, § 104(a)Subsec. (d)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Notwithstanding any other provision of law, with respect to fiscal years beginning after , the Secretary of Housing and Urban Development may not retain more than 15 per centum of the financial assistance which becomes available under programs described in subsection (a)(1) of this section during any fiscal year. Any such financial assistance which is retained shall be available for subsequent allocation to specific areas and communities, and may only be used for—
“(A) unforeseeable housing needs, especially those brought on by natural disasters or special relocation requirements;
“(B) support for the needs of the handicapped or for minority enterprise;
“(C) providing for assisted housing as a result of the settlement of litigation;
“(D) small research and demonstration projects;
“(E) lower-income housing needs described in housing assistance plans, including activities carried out under areawide housing opportunity plans; and
“(F) innovative housing programs or alternative methods for meeting lower-income housing needs approved by the Secretary, including assistance for infrastructure in connection with the Indian Housing Program.”
Pub. L. 101–235, § 101(c)Subsec. (d)(5). , added par. (5).
Pub. L. 100–2421988—Subsec. (e). added subsec. (e).
Pub. L. 98–479section 1490m of this titlel1984—Subsec. (d)(2). substituted “” for “section 1490 of this title”.
Pub. L. 98–181, § 201(a)(1)1983—Subsec. (a)(1). , inserted provision following subpar. (B) requiring that funds be utilized to meet the needs and goals identified in the unit of local government’s housing assistance plan.
Pub. L. 98–181, § 201(a)(2)Subsec. (d)(1). , amended par. (1) generally, inserting provision respecting assistance approved in appropriation Acts for sections 9 and 17 of the United States Housing Act of 1937 uses, requiring allocation of assistance to be based on a formula contained in a regulation, making the relative needs provision applicable to different States, striking out requirement that Secretary assure, in carrying out national housing and community development objectives, that funds available for housing assistance programs be allocated or reserved in accordance with goals described in approved housing assistance plans, and striking out provision respecting allocation of funds for nonmetropolitan areas, which was reenacted as last sentence of par. (2).
Pub. L. 98–181, § 201(a)(2)lSubsec. (d)(2). , amended par. (2) generally, inserting provision respecting allocation of nonmetropolitan area funds for use in connection with section 1490 of this title; reenacting as second sentence provision respecting amount of funds allocated for nonmetropolitan areas, which formerly constituted last sentence of par. (1); and striking out former provision respecting reservation of housing assistance funds for new community developments approved under title IV of the Housing and Urban Development Act of 1968 and title VII of the Housing and Urban Development Act of 1970 for persons of low- and moderate-income.
Pub. L. 97–351981—Subsec. (d)(4). added par. (4).
Pub. L. 96–3991980—Subsec. (d)(1). substituted “carrying out section 14 of such Act” for “modernization of low-income housing projects”.
Pub. L. 96–1531979—Subsec. (d)(1). inserted provisions limiting allocation of assistance other than that approved in appropriation acts for use on and after for modernization of low-income housing projects and inserted provision that any amounts allocated to a State or to areas or communities within a State which are not likely to be utilized within a fiscal year shall not be reallocated for use in another State unless the Secretary determines that other areas or communities within the same State cannot utilize the amounts in accordance with the appropriate housing assistance plans within that fiscal year.
Pub. L. 95–128section 5304 of this title1977—Subsec. (d)(1). inserted provision requiring the Secretary to assure that funds available for subsec. (a) housing assistance programs shall be allocated or reserved in accordance with goals described in local, State, or other housing assistance plans approved by the Secretary pursuant to and shall be utilized to meet needs reflected in data referred to in the preceding sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Pub. L. 105–276section 503 of Pub. L. 105–276section 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. 104–330section 107 of Pub. L. 104–330section 4101 of Title 25Amendment by effective , except as otherwise expressly provided, see , set out as an Effective Date note under , Indians.
Effective Date of 1990 Amendment
section 801(b) of Pub. L. 101–625section 801(c) of Pub. L. 101–625section 1701q of Title 12Amendment by effective , with respect to projects approved on or after such date, and subject to issuance of regulations, see , set out as a note under , Banks and Banking.
section 801(b) of Pub. L. 101–625Pub. L. 101–507section 1701q of Title 12Amendment by deemed enacted , see title II of , set out as a note under .
Effective Date of 1989 Amendment
Pub. L. 101–235, title I, § 104(b)103 Stat. 1998
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.