Laws: Cases and Codes : U.S. Code : Title 42
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U.S. Code as of:
01/19/04
Chapter 8 - Notes
Sec.
1401 to
1404. Omitted.
1404a. Secretary of Housing and Urban Development; right
to sue; expenses.
1405, 1406. Omitted.
1406a. Expenses of management and operation of
transferred projects as nonadministrative;
payment.
1406b. Expenses of uncompensated advisers serving United
States Housing Authority away from home.
1406c to
1433. Omitted or Repealed.
1434. Records; contents; examination and audit.
1435. Access to books, documents, etc., for purpose of
audit.
1436. Repealed.
1436a. Restriction on use of assisted housing by
non-resident aliens.
(a) Conditions for assistance.
(b) "Financial assistance" defined.
(c) Preservation of families; students.
(d) Conditions for provision of financial
assistance for individuals.
(e) Regulatory actions against entities for
erroneous determinations regarding
eligibility based upon citizenship or
immigration status.
(f) Verification system; liability of State or
local government agencies or officials;
prior consent agreements, court decrees or
court orders unaffected.
(g) Reimbursement for costs of implementation.
(h) "Applicable Secretary" defined.
(i) Verification of eligibility.
1436b. Financial assistance in impacted areas.
1436c. Insurance for public housing agencies and Indian
housing authorities.
1436d. Consultation with affected areas in settlement of
litigation.
SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING
1437. Declaration of policy and public housing agency
organization.
(a) Declaration of policy.
(b) Public housing agency organization.
1437a. Rental payments.
(a) Families included; rent options; minimum
amount; occupancy by police officers and
over-income families.
(b) Definition of terms under this chapter.
(c) Definition of terms used in reference to
public housing.
(d) Disallowance of earned income from rent
determinations.
(e) Individual savings accounts.
(f) Availability of income matching information.
1437a-1. Repealed.
1437b. Loans and commitments to make loans for low-income
housing projects.
(a) Authority of Secretary; interest rates;
repayment date; use as security for
obligations of public housing agency.
(b) Issuance of obligations by Secretary;
limitation on amounts; forms and
denominations; terms and conditions;
purchase, establishment of maturities and
rates of interest, and sale by Secretary of
the Treasury.
(c) Public and Indian housing financing reforms.
1437c. Contributions for low-income housing projects.
(a) Contract authorization; amounts; use as
security for obligations of public housing
agency; use of existing structures.
(b) Maximum amount of contributions;
regulations; criteria for rates of
contribution.
(c) Limitation on aggregate contractual
contributions; contracts for preliminary
loans; payments of annual contributions;
limitations on specific authorities.
(d) Scope of contracts for loans or annual
contributions.
(e) Local determination of need as prerequisite
for contracts for preliminary loans, and
contracts for loans or annual
contributions; notice.
(f) Modification by Secretary of terms of
contracts, etc.; limitations; amendment or
supersedure of contracts for annual
contributions or loans.
(g) Pledge of annual contributions as guarantee
of payment of obligations issued by public
housing agency; exception.
(h) Audits.
(i) Prohibition on use of funds.
1437c-1. Public housing agency plans.
(a) 5-year plan.
(b) Annual plan.
(c) Procedures.
(d) Contents.
(e) Resident advisory board.
(f) Notice and hearing.
(g) Amendments and modifications to plans.
(h) Submission of plans.
(i) Review and determination of compliance.
(j) Troubled and at-risk PHAs.
(k) Streamlined plan.
(l) Compliance with plan.
1437d. Contract provisions and requirements; loans and
annual contributions.
(a) Conditions; elevators.
(b) Limitation on development costs.
(c) Revision of maximum income limits;
certification of compliance with
requirements; notification of eligibility;
informal hearing; compliance with
procedures for sound management.
(d) Exemption from personal and real property
taxes; payments in lieu of taxes; cash
contribution or tax remission.
(e) Repealed.
(f) Housing quality requirements.
(g) Substantial default; conveyance of title and
delivery of possession; reconveyance and
redelivery; payments for outstanding
obligations.
(h) New construction contracts.
(i) Reserve fund; major repairs.
(j) Performance indicators for public housing
agencies.
(k) Administrative grievance procedure
regulations: grounds of adverse action,
hearing, examination of documents,
representation, evidence, decision;
judicial hearing; eviction and termination
procedures.
(l) Leases; terms and conditions; maintenance;
termination.
(m) Reporting requirements; limitation.
(n) Notice to post office regarding eviction for
criminal activity.
(o) Public housing assistance for foster care
children.
(p) Repealed.
(q) Availability of records.
(r) Site-based waiting lists.
(s) Authority to require access to criminal
records.
(t) Obtaining information from drug abuse
treatment facilities.
1437e. Designated housing for elderly and disabled
families.
(a) Authority to provide designated housing.
(b) Standards regarding evictions.
(c) Relocation assistance.
(d) Required plan.
(e) Review of plans.
(f) Effectiveness.
(g) Inapplicability of Uniform Relocation
Assistance and Real Property Acquisitions
Policy Act of 1970.
1437f. Low-income housing assistance.
(a) Authorization for assistance payments.
(b) Other existing housing programs.
(c) Contents and purposes of contracts for
assistance payments; amount and scope of
monthly assistance payments.
(d) Required provisions and duration of
contracts for assistance payments; waiver
of limitation.
(e) Restrictions on contracts for assistance
payments.
(f) Definitions.
(g) Regulations applicable for implementation of
assistance payments.
(h) Nonapplicability of inconsistent provisions
to contracts for assistance payments.
(i) Receipt of assistance by public housing
agency under other law not to be
considered.
(j) Repealed.
(k) Verification of income.
(l) to (n) Repealed.
(o) Voucher program.
(p) Shared housing for elderly and handicapped.
(q) Administrative fees.
(r) Portability.
(s) Prohibition of denial of certificates and
vouchers to residents of public housing.
(t) Enhanced vouchers.
(u) Assistance for residents of rental
rehabilitation projects.
(v) Extension of expiring contracts.
(w) Repealed.
(x) Family unification.
(y) Homeownership option.
(z) Termination of section 1437f contracts and
reuse of recaptured budget authority.
(aa) Omitted.
(bb) Transfer, reuse, and rescission of budget
authority.
(cc) Law enforcement and security personnel.
(dd) Tenant-based contract renewals.
1437g. Public housing Capital and Operating Funds.
(a) Merger into Capital Fund.
(b) Merger into Operating Fund.
(c) Allocation amount.
(d) Capital Fund.
(e) Operating Fund.
(f) Negotiated rulemaking procedure.
(g) Limitations on use of funds.
(h) Technical assistance.
(i) Eligibility of units acquired from proceeds
of sales under demolition or disposition
plan.
(j) Penalty for slow expenditure of capital
funds.
(k) Emergency reserve and use of amounts.
(l) Treatment of nonrental income.
(m) Provision of only capital or operating
assistance.
(n) Treatment of public housing.
1437h. Implementation of provisions by Secretary.
(a) Preparation and submission of annual budget
program; maintenance of accounts; audit by
General Accounting Office.
(b) Availability of receipts and assets.
(c) Federal Reserve banks to act as
depositories, custodians and fiscal agents;
reimbursement for services.
1437i. Obligations of public housing agencies;
contestability; full faith and credit of United
States pledged as security; tax exemption.
1437j. Labor standards and community service requirement.
(a) Payment of wages prevailing in locality.
(b) Exception for volunteers.
(c) Community service requirement.
(d) Treatment of income changes resulting from
welfare program requirements.
(e) Lease provisions.
(f) Treatment of income.
(g) Definition.
1437j-1. Repealed.
1437k. Consortia, joint ventures, affiliates, and
subsidiaries of public housing agencies.
(a) Consortia.
(b) Joint ventures.
1437l. Repealed.
1437m. Payment of non-Federal share.
1437n. Eligibility for assisted housing.
(a) Income eligibility for public housing.
(b) Income eligibility for tenant-based section
1437f assistance.
(c) Income eligibility for project-based section
1437f assistance.
(d) Establishment of different standards.
(e) Repealed.
(f) Ineligibility of individuals convicted of
manufacturing or producing methamphetamine
on the premises.
1437o. Repealed.
1437p. Demolition and disposition of public housing.
(a) Applications for demolition and disposition.
(b) Disapproval of applications.
(c) Resident opportunity to purchase in case of
proposed disposition.
(d) Replacement units.
(e) Consolidation of occupancy within or among
buildings.
(f) De minimus exception to demolition
requirements.
(g) Uniform Relocation and Real Property
Acquisition Act.
(h) Relocation and replacement.
1437q. Financing limitations.
1437r. Public housing resident management.
(a) Purpose.
(b) Program requirements.
(c) Assistance amounts.
(d) Waiver of Federal requirements.
(e) Direct provision of operating and capital
assistance.
(f), (g) Repealed.
(h) Applicability.
1437s. Public housing homeownership and management
opportunities.
(a) Homeownership opportunities in general.
(b) Protection of nonpurchasing families.
(c) Financial assistance for public housing
agencies.
(d) Additional homeownership and management
opportunities.
(e) Regulations.
(f) Repealed.
(g) Limitation.
1437t. Authority to convert public housing to vouchers.
(a) Authority.
(b) Conversion assessment.
(c) Criteria for implementation of conversion
plan.
(d) Conversion plan requirement.
(e) Review and approval of conversion plans.
(f) Tenant-based assistance.
1437u. Family Self-Sufficiency program.
(a) Purpose.
(b) Establishment of program.
(c) Contract of participation.
(d) Incentives for participation.
(e) Effect of increases in family income.
(f) Program coordinating committee.
(g) Action plan.
(h) Allowable public housing agency
administrative fees and costs.
(i) Public housing agency incentive award
allocation.
(j) On-site facilities.
(k) Flexibility.
(l) Reports.
(m) GAO report.
(n) Definitions.
(o) Effective date and regulations.
1437v. Demolition, site revitalization, replacement
housing, and tenant-based assistance grants for
projects.
(a) Purposes.
(b) Grant authority.
(c) Contribution requirement.
(d) Eligible activities.
(e) Application and selection.
(f) Cost limits.
(g) Disposition and replacement.
(h) Administration by other entities.
(i) Withdrawal of funding.
(j) Definitions.
(k) Grantee reporting.
(l) Annual report.
(m) Funding.
(n) Grants for assisting affordable housing
developed through main street projects in
smaller communities.
(o) Sunset.
1437w. Transfer of management of certain housing to
independent manager at request of residents.
(a) Authority.
(b) Request for transfer.
(c) Capital and operating assistance.
(d) Contract between Secretary and manager.
(e) Compliance with public housing agency plan.
(f) Demolition and disposition by manager.
(g) Limitation on PHA liability.
(h) Definitions.
1437x. Environmental reviews.
(a) In general.
(b) Procedure.
(c) Certification.
(d) Approval by States.
1437y. Provision of information to law enforcement and
other agencies.
1437z. Exchange of information with law enforcement
agencies.
1437z-1. Civil money penalties against section 1437f
owners.
(a) In general.
(b) Violations of housing assistance payment
contracts for which penalty may be imposed.
(c) Agency procedures.
(d) Judicial review of agency determination.
(e) Remedies for noncompliance.
(f) Settlement by Secretary.
(g) Deposit of penalties.
(h) Definitions.
1437z-2. Public housing mortgages and security interests.
(a) General authorization.
(b) Terms and conditions.
(c) No Federal liability.
1437z-3. Pet ownership in public housing.
(a) Ownership conditions.
(b) Reasonable requirements.
(c) Pet ownership in public housing designated
for occupancy by elderly or handicapped
families.
(d) Regulations.
1437z-4. Resident homeownership programs.
(a) In general.
(b) Participating units.
(c) Eligible purchasers.
(d) Right of first refusal.
(e) Protection of nonpurchasing residents.
(f) Financing and assistance.
(g) Downpayment requirement.
(h) Ownership interests.
(i) Resale.
(j) Net proceeds.
(k) Homeownership assistance.
(l) Inapplicability of disposition requirements.
1437z-5. Required conversion of distressed public housing
to tenant-based assistance.
(a) Identification of units.
(b) Consultation.
(c) Plan for removal of units from inventories
of PHA's.
(d) Conversion to tenant-based assistance.
(e) Cessation of unnecessary spending.
(f) Use of budget authority.
(g) Removal by Secretary.
(h) Administration.
1437z-6. Services for public and Indian housing residents.
(a) In general.
(b) Eligible activities.
(c) Funding distribution.
(d) Matching requirement.
(e) Funding for resident organizations.
1437z-7. Mixed-finance public housing.
(a) Authority.
(b) Assistance.
(c) Compliance with public housing requirements.
(d) Mixed-finance projects.
(e) Structure of projects.
(f) Taxation.
(g) Use of savings.
(h) Effect of certain contract terms.
SUBCHAPTER II - ASSISTED HOUSING FOR INDIANS AND ALASKA NATIVES
1437aa to 1437ee. Repealed.
1437ff. Transferred.
SUBCHAPTER II-A - HOPE FOR PUBLIC HOUSING HOMEOWNERSHIP
1437aaa. Program authority.
(a) In general.
(b) Authority to reserve housing assistance.
1437aaa-1. Planning grants.
(a) Grants.
(b) Eligible activities.
(c) Application.
(d) Selection criteria.
1437aaa-2. Implementation grants.
(a) Grants.
(b) Eligible activities.
(c) Matching funding.
(d) Application.
(e) Selection criteria.
(f) Location within participating jurisdictions.
(g) Approval.
1437aaa-3. Homeownership program requirements.
(a) In general.
(b) Affordability.
(c) Plan.
(d) Acquisition and rehabilitation limitations.
(e) Financing.
(f) Housing quality standards.
(g) Repealed.
(h) Protection of non-purchasing families.
1437aaa-4. Other program requirements.
(a) Sale by public housing agency to applicant
or other entity required.
(b) Preferences.
(c) Cost limitations.
(d) Annual contributions.
(e) Amounts from Operating Fund allocation.
(f) Use of proceeds from sales to eligible
families.
(g) Restrictions on resale by homeowners.
(h) Third party rights.
(i) Dollar limitation on economic development
activities.
(j) Timely homeownership.
(k) Capability of resident management
corporations and resident councils.
(l) Records and audit of recipients of
assistance.
1437aaa-5. Definitions.
1437aaa-6. Relationship to other homeownership opportunities.
1437aaa-7. Limitation on selection criteria.
1437aaa-8. Annual report.
SUBCHAPTER II-B - HOME RULE FLEXIBLE GRANT DEMONSTRATION
1437bbb. Purpose.
1437bbb-1. Flexible grant program.
(a) Authority and use.
(b) Period of participation.
(c) Participating jurisdictions.
1437bbb-2. Program allocation and covered housing assistance.
(a) Program allocation.
(b) Covered housing assistance.
1437bbb-3. Applicability of requirements under programs for
covered housing assistance.
(a) In general.
(b) Number of families assisted.
(c) Protection of recipients.
(d) Effect on ability to compete for other
programs.
1437bbb-4. Program requirements.
(a) Applicability of certain provisions.
(b) Compliance with assistance plan.
1437bbb-5. Application.
(a) In general.
(b) Review, approval, and performance standards.
(c) Status of PHAs.
(d) PHA plans.
1437bbb-6. Training.
1437bbb-7. Accountability.
(a) Maintenance of records.
(b) Reports.
(c) Access to documents by Secretary and
Comptroller General.
(d) Performance review and evaluation.
1437bbb-8. Definitions.
1437bbb-9. Termination and evaluation.
(a) Termination.
(b) Evaluation.
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
1438. Repealed.
1439. Local housing assistance plan.
(a) Applicability of approved plan to housing
assistance application; procedure upon
receipt of application by Secretary of
Housing and Urban Development; definitions.
(b) Housing assistance applications subject to
procedures.
(c) Repealed.
(d) 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.
(e) Assistance payments for properties in
Jefferson County, Texas.
1440. State housing finance and development agencies.
(a) Statement of purpose; participation by
private and nonprofit developers in
activities assisted.
(b) Determination of eligibility for assistance;
definitions.
(c) Guarantee of obligations issued by agencies;
grants to agencies for interest payments on
obligations; maximum amount of grants;
prerequisites for guarantee; full faith and
credit pledged for payment of guarantee;
effect and validity of guarantee; fees and
charges for guarantee; authorization of
appropriations for grants; maximum amount
of obligations guaranteed.
(d) Requirements for guaranteed obligations.
(e) Revolving fund for payment of liabilities
incurred pursuant to guarantees and payment
of obligations issued to Secretary of the
Treasury; composition; availability,
issuance of obligations to Secretary of the
Treasury for implementation of guarantees;
amount, maturity, rate of interest, and
purchase by Secretary of the Treasury of
obligations; payment of expenses and
charges.
(f) Technical assistance to agencies for
planning and execution of development
activities.
(g) Labor standards.
(h) Protection of guarantees issued by United
States; inclusion by purchaser in gross
income of interest paid on obligations
issued by agencies.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1382a, 1396r-1a, 1404a,
1434, 1436a, 1436b, 1439, 1471, 1485, 1490a, 1502, 1503, 1504,
1586, 1590, 1594c, 1766, 3013, 5153, 5515, 8003, 11903, 12705,
12896, 12910, 14614 of this title; title 12 sections 24, 1441a,
1701r-1, 1715z-1a, 1701z-3, 1701z-11, 1715l, 1831q; title 25
sections 640d-14, 4103, 4111, 4112, 4116, 4133, 4140, 4152, 4181,
4182, 4183, 4191; title 26 section 32.
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