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 |
§ 1437g. Public housing Capital and Operating Funds
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(a) Merger into Capital Fund Except as otherwise provided in the Quality Housing and Work Responsibility Act of 1998, any assistance made available for public housing under section 1437l of this title before
October 1, 1999 , shall be merged into the Capital Fund established under subsection (d) of this section.(b) Merger into Operating Fund Except as otherwise provided in the Quality Housing and Work Responsibility Act of 1998, any assistance made available for public housing under this section before
October 1, 1999 , shall be merged into the Operating Fund established under subsection (e) of this section.(c) Allocation amount (1) In general For fiscal year 2000 and each fiscal year thereafter, the Secretary shall allocate amounts in the Capital Fund and Operating Funds $500,000 per year for the purpose of initiating, expanding or continuing a program for the reduction of the incidence of asthma among residents. The Secretary shall consult with the Administrator of the Environmental Protection Agency and the Secretary of Health and Human Services to identify and consider sources of funding for the reduction of the incidence of asthma among recipients of assistance under this subchapter. (3) Services for elderly residents Notwithstanding any other provision of this section, the New York City Housing Authority may, in its sole discretion, from amounts provided from the Operating and Capital Funds, or from amounts provided for public housing before the amounts are made available from such Funds, use not more than $600,000 per year for the purpose of developing a comprehensive plan to address the need for services for elderly residents. Such plan may be developed by a partnership created by such Housing Authority and may include the creation of a model project for assisted living at one or more developments. The model project may provide for contracting with private parties for the delivery of services.
(4) Effective date This subsection shall apply to fiscal year 1999 and each fiscal year thereafter.
References In Text
The Quality Housing and Work Responsibility Act of 1998, referred to in subsecs. (a) and (b), is title V of Pub. L. 105–276,
Section 1437l of this title, referred to in subsecs. (a) and (d)(3)(A), (B), was repealed by Pub. L. 105–276, title V, § 522(a),
Prior Provisions
A prior section 9 of act Sept. 1, 1937, ch. 896, 50 Stat. 891, as amended, authorized loans for low-rent housing and slum clearance projects and was classified to section 1409 of this title, prior to the general revision of this chapter by Pub. L. 93–383. Similar provisions are contained in section 1437b of this title.
Amendments
2008—Subsecs. (k) to (n). Pub. L. 110–289 redesignated subsecs. (l) to (n) as (k) to (m), respectively, and struck out former subsec. (k), which related to emergency reserve and use of amounts.
2007—Subsec. (e)(2)(C)(iv). Pub. L. 110–161 added cl. (iv).
2005—Subsec. (d)(1)(K), (L). Pub. L. 109–58, § 151(1), added subpars. (K) and (L).
Subsec. (e)(2)(C). Pub. L. 109–58, § 151(2), designated existing provisions as cl. (i), inserted heading, and added cls. (ii) and (iii).
2003—Subsec. (n)(1). Pub. L. 108–7 struck out par. (1) which related to treatment of certain covered locally developed public housing units as eligible public housing units.
2000—Subsec. (d)(1)(E). Pub. L. 106–377, § 1(a)(1) [title II, § 214(a)(1)], inserted before semicolon “, including the establishment and initial operation of computer centers in and around public housing through a Neighborhood Networks initiative, for the purpose of enhancing the self-sufficiency, employability, and economic self-reliance of public housing residents by providing them with onsite computer access and training resources”.
Subsec. (e)(1)(K). Pub. L. 106–377, § 1(a)(1) [title II, § 214(a)(2)], added subpar. (K).
Subsec. (h)(8). Pub. L. 106–377, § 1(a)(1) [title II, § 214(a)(3)], added par. (8).
1998—Pub. L. 105–276, § 519(a), amended section generally, substituting present provisions for provisions which had: in subsec. (a), authorized annual contributions for operation of low-income housing, and provided for determination of the amounts and use of those contributions, contract authorization, standards for payments, necessity of contribution contracts, performance funding system, and audits; in subsec. (b), set forth limitation on amount of aggregate rentals paid by families residing in dwelling units receiving annual contributions; in subsec. (c), authorized appropriations for fiscal years 1993 and 1994; in subsec. (d), required distribution of remaining appropriated funds to projects incurring excessive costs; and in subsec. (e), set forth time of payment of assistance to public housing agency.
Subsec. (a)(3)(A). Pub. L. 105–276, § 210, inserted after third sentence “Notwithstanding the preceding sentences, the Secretary may revise the performance funding system in a manner that takes into account equity among public housing agencies and that includes appropriate incentives for sound management.” and, in last sentence, inserted “, or any substantial change under the preceding sentence,” after “vacant public housing units”.
1996—Subsec. (a)(1)(A). Pub. L. 104–330, in second sentence, inserted “and” after comma at end of cl. (i), struck out “, and” after “reserve funds” in cl. (ii), and struck out cl. (iii) which read as follows: “with respect to housing projects developed under the Indian and Alaskan Native housing program assisted under this chapter, to provide funds (in addition to any other operating costs contributions approved by the Secretary under this section) as determined by the Secretary to be required to cover the administrative costs to an Indian housing authority during the development period of a project approved pursuant to section 1437c of this title and until such time as the project is occupied”.
Subsec. (a)(3)(B)(i). Pub. L. 104–134 struck out “for a period not to exceed 6 years” after “with the public housing agency”.
1994—Subsec. (a)(4). Pub. L. 103–233 added par. (4).
1992—Subsec. (a)(1)(B). Pub. L. 102–550, § 673, designated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, substituted “this clause” for “this subparagraph”, inserted reference to section 8011 of this title and a period after “section 8013 of this title”, and added cl. (ii).
Subsec. (a)(3)(A). Pub. L. 102–550, § 114(b), inserted at end “Notwithstanding sections 583(a) and 585(a) of title 5 (as added by section 3(a) of the Negotiated Rulemaking Act of 1990), any proposed regulation providing for amendment, alteration, adjustment, or other change to the performance funding system relating to vacant public housing units shall be issued pursuant to a negotiated rulemaking procedure under subchapter IV of chapter 5 of such title (as added by section 3(a) of the Negotiated Rulemaking Act of 1990), and the Secretary shall establish a negotiated rulemaking committee for development of any such proposed regulations.”
Subsec. (a)(3)(B)(i). Pub. L. 102–550, § 114(c), inserted before semicolon at end “, and in subsequent years, if the energy savings are cost-effective, the Secretary may continue the sharing arrangement with the public housing agency for a period not to exceed 6 years”.
Subsec. (c). Pub. L. 102–550, § 114(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “There are authorized to be appropriated for purposes of providing annual contributions under this section $2,000,000,000 for fiscal year 1991 and $2,086,000,000 in fiscal year 1992.”
1990—Subsec. (a)(1). Pub. L. 101–625, § 572(2), substituted “low-income housing” for “lower income housing” wherever appearing.
Pub. L. 101–625, § 507(b)(1), designated existing provisions as subpar. (A), redesignated former cls. (A) to (C) as cls. (i) to (iii), respectively, and added subpar. (B).
Subsec. (a)(2). Pub. L. 101–625, § 572(2), substituted “low-income housing” for “lower income housing” wherever appearing.
Subsec. (a)(3)(A). Pub. L. 101–625, § 507(b)(2), inserted after first comma “(except for payments under paragraph (1)(B))”.
Subsec. (a)(3)(B)(v). Pub. L. 101–625, § 802(p), added cl. (v).
Subsec. (c). Pub. L. 101–625, § 507(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “There are authorized to be appropriated for purposes of providing annual contributions under this section $1,500,000,000 for fiscal year 1988 and $1,530,000,000 for fiscal year 1989.”
Subsec. (d). Pub. L. 101–625, § 572(2), substituted “low-income housing” for “lower income housing”.
1988—Subsec. (a)(1). Pub. L. 100–242, § 118(a)(1), struck out last sentence directing Secretary to establish standards for costs of operation and reasonable projections of income, for purposes of making payments under this section.
Pub. L. 100–242, § 118(d), inserted at end “If the Secretary determines that a public housing agency has failed to take the actions required to submit an acceptable audit on a timely basis in accordance with chapter 75 of title 31, the Secretary may arrange for, and pay the costs of, the audit. In such circumstances, the Secretary may withhold, from assistance otherwise payable to the agency under this section, amounts sufficient to pay for the reasonable costs of conducting an acceptable audit, including, when appropriate, the reasonable costs of accounting services necessary to place the agency’s books and records in auditable condition.”
Subsec. (a)(2). Pub. L. 100–242, § 112(b)(4), substituted “one developed pursuant to a contributions contract authorized by section 1437c” for “being assisted by an annual contributions contract authorized by section 1437c(c)” and “any such” for “any such annual”.
Subsec. (a)(3). Pub. L. 100–242, § 118(a)(2), added par. (3).
Subsec. (c). Pub. L. 100–242, § 118(b), amended subsec. (c) generally, substituting provisions authorizing appropriations under this section for fiscal years 1988 and 1989 for provisions authorizing appropriations for the period beginning on or after
Subsec. (e). Pub. L. 100–242, § 118(c), added subsec. (e).
1986—Subsec. (c). Pub. L. 99–272 struck out “and by” after “1983,” and inserted “, and not to exceed $1,279,000,000 on or after
1983—Subsec. (c). Pub. L. 98–181 substituted “
1981—Subsec. (a). Pub. L. 97–35, § 322(c), substituted reference to lower income for reference to low-income wherever appearing.
Subsec. (c). Pub. L. 97–35, § 321(d), inserted provisions respecting authorization on or after
Subsec. (d). Pub. L. 97–35, § 322(c), substituted reference to lower income for reference to low-income.
1980—Subsec. (a)(1)(C). Pub. L. 96–399, § 201(d), added cl. (C).
Subsec. (c). Pub. L. 96–399, § 201(b), authorized appropriation of not to exceed $826,000,000 on or after
1979—Subsec. (a). Pub. L. 96–153, § 211(a), designated existing provisions as par. (1) and cls. (1) and (2) thereof as (A) and (B), inserted provisions that such contract shall provide that no disposition of low-income housing project, with respect to which the contract is entered into, shall occur during and for ten years after the period when contributions were made pursuant to such contract unless approved by the Secretary, and added par. (2).
Subsec. (c). Pub. L. 96–153, § 201(c), authorized appropriation for annual contributions of $741,500,000 on or after
Subsec. (d). Pub. L. 96–153, § 207, added subsec. (d).
1978—Subsec. (c). Pub. L. 95–557 inserted “and not to exceed $729,000,000 on or after
1977—Subsec. (c). Pub. L. 95–128 authorized appropriation for annual contributions of $685,000,000 on or after
Pub. L. 95–24 substituted “and not to exceed $595,600,000 on or after
1976—Subsec. (c). Pub. L. 94–375 substituted provision authorizing appropriations for annual contributions not to exceed $535,000,000 on or after
Effective Date Of Amendment
Pub. L. 108–7, div. K, title II, § 212(c),
Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon
Pub. L. 105–276, title V, § 519(e)–(g),
Amendment by Pub. L. 104–330 effective
Amendment by subtitles B through F of title VI [§§ 621–685] of Pub. L. 102–550 applicable upon expiration of 6-month period beginning
Amendment by section 802(p) of Pub. L. 101–625 deemed enacted
Amendment by Pub. L. 97–35 effective
Amendment by Pub. L. 95–557 effective
Effective Date
Section effective on such date or dates as the Secretary of Housing and Urban Development shall prescribe, but not later than eighteen months after
Miscellaneous
Pub. L. 108–199, div. G, title II, § 222,
Pub. L. 108–7, div. K, title II,
Pub. L. 113–76, div. L, title II, § 223,
Similar provisions were contained in the following appropriation acts:
Pub. L. 112–55, div. C, title II, § 224,
Pub. L. 111–117, div. A, title II, § 224,
Pub. L. 111–8, div. I, title II, § 226,
Pub. L. 110–161, div. K, title II, § 226,
Pub. L. 108–447, div. I, title II,
Similar provisions were contained in the following appropriation acts:
Pub. L. 111–117, div. A, title II,
Pub. L. 111–8, div. I, title II,
Pub. L. 110–161, div. K, title II,
Pub. L. 109–115, div. A, title III,
Pub. L. 108–199, div. G, title II,
Pub. L. 108–7, div. K, title II,
Pub. L. 108–7, div. K, title II, § 207,
Pub. L. 107–73, title II,
Pub. L. 101–625, title V, § 508,
Pub. L. 101–625, title V, § 523,