Laws: Cases and Codes : U.S. Code : Title 42


   

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      Omitted or Repealed.                              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       Repealed.                                         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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