 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 42. THE PUBLIC HEALTH AND WELFARE |
|
Chapter 8. LOW-INCOME HOUSING |
|
SubChapter I. GENERAL PROGRAM OF ASSISTED HOUSING |
§ 1437v. Demolition, site revitalization, replacement housing, and tenant-based assistance grants for projects
-
(a) Purposes The purpose of this section is to provide assistance to public housing agencies for the purposes of— (1) improving the living environment for public housing residents of severely distressed public housing projects through the demolition, rehabilitation, reconfiguration, or replacement of obsolete public housing projects (or portions thereof); (2) revitalizing sites (including remaining public housing dwelling units) on which such public housing projects are located and contributing to the improvement of the surrounding neighborhood; (3) providing housing that will avoid or decrease the concentration of very low-income families; and (4) building sustainable communities. It is also the purpose of this section to provide assistance to smaller communities for the purpose of facilitating the development of affordable housing for low-income families that is undertaken in connection with a main street revitalization or redevelopment project in such communities. (b) Grant authority The Secretary may make grants as provided in this section to applicants whose applications for such grants are approved by the Secretary under this section.
(c) Contribution requirement (1) In general The Secretary may not make any grant under this section to any applicant unless the applicant certifies to the Secretary that the applicant will— (A) supplement the aggregate amount of assistance provided under this section with an amount of funds from sources other than this section equal to not less than 5 percent of the amount provided under this section; and (B) in addition to supplemental amounts provided in accordance with subparagraph (A), if the applicant uses more than 5 percent of the amount of assistance provided under this section for services under subsection (d)(1)(L) of this section, provide supplemental funds from sources other than this section in an amount equal to the amount so used in excess of 5 percent. (2) Supplemental funds In calculating the amount of supplemental funds provided by a grantee for purposes of paragraph (1), the grantee may include amounts from other Federal sources, any State or local government sources, any private contributions, the value of any donated material or building, the value of any lease on a building, the value of the time and services contributed by volunteers, and the value of any other in-kind services or administrative costs provided.
(3) Exemption If assistance provided under this subchapter will be used only for providing tenant-based assistance under section 1437f of this title or demolition of public housing (without replacement), the Secretary may exempt the applicant from the requirements under paragraph (1)(A).
(d) Eligible activities (1) In general Grants under this section may be used for activities to carry out revitalization programs for severely distressed public housing, including— (A) architectural and engineering work; (B) redesign, rehabilitation, or reconfiguration of a severely distressed public housing project, including the site on which the project is located; (C) the demolition, sale, or lease of the site, in whole or in part; (D) covering the administrative costs of the applicant, which may not exceed such portion of the assistance provided under this section as the Secretary may prescribe; (E) payment of reasonable legal fees; (F) providing reasonable moving expenses for residents displaced as a result of the revitalization of the project; (G) economic development activities that promote the economic self-sufficiency of residents under the revitalization program, including a Neighborhood Networks initiative for the establishment and operation of computer centers in public housing for the purpose of enhancing the self-sufficiency, employability, an Networks initiative described in subsection (d)(1)(G) of this section. Such assistance or contract expertise may be provided directly or indirectly by grants, contracts, or cooperative agreements, and shall include training, and the cost of necessary travel for participants in such training, by or to officials of the Department of Housing and Urban Development, of public housing agencies, and of residents. (3) Set-aside for main street housing grants Of the amount appropriated pursuant to paragraph (1) for any fiscal year, the Secretary shall provide up to 5 percent for use only for grants under subsection (n) of this section.
(n) Grants for assisting affordable housing developed through main street projects in smaller communities (1) Authority and use of grant amounts The Secretary may make grants under this subsection to smaller communities. Such grant amounts shall be used by smaller communities only to provide assistance to carry out eligible affordable housing activities under paragraph (4) in connection with an eligible project under paragraph (2).
(2) Eligible project For purposes of this subsection, the term “eligible project” means a project that— (A) the Secretary determines, under the criteria established pursuant to paragraph (3), is a main street project; (B) is carried out within the jurisdiction of a smaller community receiving the grant; and (C) involves the development of affordable housing that is located in the commercial area that is the subject of the project. (3) Main street projects The Secretary shall establish requirements for a project to be considered a main street project for purposes of this section, which shall require that the project— (A) has as its purpose the revitalization or redevelopment of a historic or traditional commercial area; (B) involves investment, or other participation, by the government for, and private entities in, the community in which the project is carried out; and (C) complies with such historic preservation guidelines or principles as the Secretary shall identify to preserve significant historic or traditional architectural and design features in the structures or area involved in the project. (4) Eligible affordable housing activities For purposes of this subsection, the activities described in subsection (d)(1) of this section shall be considered eligible affordable housing activities, except that— (A) such activities shall be conducted with respect to affordable housing rather than with respect to severely distressed public housing projects; and (B) eligible affordable housing activities under this subsection shall not include the activities described in subparagraphs (B) through (E), (J), or (K) of subsection (d)(1) of this section. (5) Maximum grant amount A grant under this subsection for a fiscal year for a single smaller community may not exceed $1,000,000.
(6) Contribution requirement A smaller community applying for a grant under this subsection shall be considered an applicant for purposes of subsection (c) of this section (relating to contributions by applicants), except that— (A) such supplemental amounts shall be used only for carrying out eligible affordable housing activities; and (B) paragraphs (1)(B) and (3) shall not apply to grants under this subsection. (7) Applications and selection (A) Application Pursuant to subsection (e)(1) of this section, the Secretary shall provide for smaller communities to apply for grants under this subsection, except that the Secretary may establish such separate or additional criteria for applications for such grants as may be appropriate to carry out this subsection.
(B) Selection criteria The Secretary shall establish selection criteria for the award of grants under this subsection, which shall be based on the selection criteria established pursuant to subsection (e)(2) of this section, with such changes as may be appropriate to carry out the purposes of this subsection.
(8) Cost limits The cost limits established pursuant to subsection (f) of this section shall apply to eligible affordable housing activities assisted with grant amounts under this subsection.
(9) Inapplicability of other provisions The provisions of subsections (g) (relating to disposition and replacement of severely distressed public housing), and (h) (relating to administration of grants by other entities) of this section, shall not apply to grants under this subsection.
(10) Reporting The Secretary shall require each smaller community receiving a grant under this subsection to submit a report regarding the use of all amounts provided under the grant.
(11) Definitions For purposes of this subsection, the following definitions shall apply: (A) Affordable housing The term “affordable housing” means rental or homeownership dwelling units that— (i) are made available for initial occupancy to low-income families, with a subset of units made available to very- and extremely-low income families; and (ii) are subject to the same rules regarding occupant contribution toward rent or purchase and terms of rental or purchase as dwelling units in public housing projects assisted with a grant under this section. (B) Smaller community The term “smaller community” means a unit of general local government (as such term is defined in section 5302 of this title) that— (i) has a population of 50,000 or fewer; and (ii) (I) is not served by a public housing agency; or (II) is served by a single public housing agency, which agency administers 100 or fewer public housing dwelling units. (o) Sunset No assistance may be provided under this section after
September 30, 2014 .
References In Text
Section 1437l of this title, referred to in subsec. (j)(2)(A)(iv), was repealed by Pub. L. 105–276, title V, § 522(a),
Section 503(a) of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (j)(2)(A)(iv), is section 503(a) of Pub. L. 105–276, which is set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
Amendments
2014—Subsec. (m)(1). Pub. L. 113–76, § 234(1), substituted “fiscal year 2014.” for “fiscal year 2012.”
Subsec. (o). Pub. L. 113–76, § 234(2), substituted “
2011—Subsec. (m)(1). Pub. L. 112–55, § 222(1), substituted “fiscal year 2012.” for “fiscal year 2010.”
Subsec. (o). Pub. L. 112–55, § 222(2), substituted “
2009—Subsec. (m)(1). Pub. L. 111–117, § 222(1), substituted “fiscal year 2010.” for “fiscal year 2009.”
Pub. L. 111–8, § 223(1), which directed the substitution of “2009” for “2003”, was executed by making the substitution for “2008”, to reflect the probable intent of Congress and the intervening amendment by Pub. L. 110–161, § 224(1). See 2007 Amendment note below.
Subsec. (o). Pub. L. 111–117, § 222(2), substituted “
Pub. L. 111–8, § 223(2), which directed substitution of “
2007—Subsec. (m)(1). Pub. L. 110–161, § 224(1), which directed substitution of “2008” for “2003”, was executed by making the substitution for “2007”, to reflect the probable intent of Congress and the amendment by Pub. L. 109–289, § 21045(1), as added by Pub. L. 110–5. See below.
Pub. L. 109–289, § 21045(1), as added by Pub. L. 110–5, substituted “2007” for “2003”.
Subsec. (o). Pub. L. 110–161, § 224(2), substituted “
Pub. L. 109–289, § 21045(2), as added by Pub. L. 110–5, substituted “
2003—Subsec. (a). Pub. L. 108–186, § 403(a), inserted concluding provisions.
Subsec. (e)(2). Pub. L. 108–186, § 402(a)(1), substituted “The Secretary shall establish criteria for the award of grants under this section and shall include among the factors—” for “The Secretary shall establish selection criteria for the award of grants under this section and shall include such factors as—” in introductory provisions.
Subsec. (e)(2)(B). Pub. L. 108–186, § 402(a)(2), struck out “large-scale” after “for managing”.
Subsec. (e)(2)(D). Pub. L. 108–186, § 402(a)(3), inserted “and ongoing implementation” after “development” and “, except that the Secretary may not award a grant under this section unless the applicant has involved affected public housing residents at the beginning and during the planning process for the revitalization program, prior to submission of an application” before semicolon at end.
Subsec. (e)(2)(I) to (L). Pub. L. 108–186, § 402(a)(4)–(6), added subpars. (I) to (K) and redesignated former subpar. (I) as (L).
Subsec. (j)(2)(A)(iii)(III). Pub. L. 108–186, § 402(b), added subcl. (III).
Subsec. (l)(3). Pub. L. 108–186, § 403(c)(1), substituted “, including a specification of the amount and type of assistance provided under subsection (n) of this section;” for “; and”.
Subsec. (l)(4), (5). Pub. L. 108–186, § 403(c)(2), (3), added par. (4) and redesignated former par. (4) as (5).
Subsec. (m)(1). Pub. L. 108–186, § 402(d), which directed substitution of “through 2006” for “, 2001, and 2002” could not be executed because the words “, 2001, and 2002” did not appear subsequent to amendment by Pub. L. 108–7, § 215(a). See below.
Pub. L. 108–7, § 215(a), substituted “$574,000,000 for fiscal year 2003” for “$600,000,000 for fiscal year 1999 and such sums as may be necessary for each of fiscal years 2000, 2001, and 2002”.
Subsec. (m)(3). Pub. L. 108–186, § 403(d), added par. (3).
Subsec. (n). Pub. L. 108–186, § 403(b)(2), added subsec. (n). Former subsec. (n) redesignated (o).
Pub. L. 108–186, § 402(e), substituted “
Pub. L. 108–7, § 215(b), substituted “
Subsec. (o) Pub. L. 108–186, § 403(b)(1), redesignated subsec. (n) as (o).
2000—Subsec. (d)(1)(G). Pub. L. 106–377, § 1(a)(1) [title II, § 214(b)(1)], inserted before semicolon “, including a Neighborhood Networks initiative for the establishment and operation of computer centers in public housing for the purpose of enhancing the self-sufficiency, employability, an economic self-reliance of public housing residents by providing them with onsite computer access and training resources”.
Subsec. (m)(2). Pub. L. 106–377, § 1(a)(1) [title II, § 214(b)(2)], inserted before period at end of first sentence “, including assistance in connection with the establishment and operation of computer centers in public housing through the Neighborhoods Networks initiative described in subsection (d)(1)(G) of this section”.
1998—Pub. L. 105–276 amended section generally. Prior to amendment, section authorized planning grants for development of revitalization programs for severely distressed public housing and implementation grants to carry out revitalization programs for such housing, authorized exceptions to general program rules, established Office of Severely Distressed Public Housing Revitalization, and required annual report to Congress.
1996—Subsec. (e). Pub. L. 104–99 temporarily substituted “Exception” for “Exceptions” in subsec. heading and struck out “(1) Long-term viability.—” before “The Secretary may waive” and par. (2) which read as follows:
“(2) Selection of tenants.—For projects revitalized under this section, a public housing agency may select tenants pursuant to a local system of preferences, in lieu of selecting tenants pursuant to the preferences specified under section 1437d(c)(4)(A)(i) of this title. Such local system shall be established in writing and shall respond to local housing needs and priorities as determined by the public housing agency. The public housing agency shall hold 1 or more public hearings to obtain the views of low-income tenants and other interested parties on the housing needs and priorities of the agency’s jurisdiction.” See Effective and Termination Dates of 1996 Amendments note below.
Subsec. (h)(3). Pub. L. 104–330 struck out “, except that it does not include any Indian housing authority” after “section 1437a(b) of this title”.
Effective Date Of Amendment
Pub. L. 105–276, title V, § 535(b),
Amendment by Pub. L. 104–330 effective
Amendment by Pub. L. 104–99 effective
Miscellaneous
For termination, effective
Pub. L. 108–186, title IV, § 402(c),