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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 8. LOW-INCOME HOUSING |
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SubChapter I. GENERAL PROGRAM OF ASSISTED HOUSING |
§ 1437a. Rental payments
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(a) Families included; rent options; minimum amount; occupancy by police officers and over-income families (1) Dwelling units assisted under this chapter shall be rented only to families who are low-income families at the time of their initial occupancy of such units. Reviews of family income shall be made at least annually. Except as provided in paragraph (2) and subject to the requirement under paragraph (3), a family shall pay as rent for a dwelling unit assisted under this chapter (other than a family assisted under section 1437f(o) or (y) of this title or paying rent under section 1437f(c)(3)(B) of this title, or section 811.7
References In Text
Section 1437f(c)(3)(B) of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 105–276, title V, § 550(a)(3)(A)(ii),
Section 519(d) of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (a)(2)(A)(ii), is section 519(d) of Pub. L. 105–276 which is set out as a note below.
The effective day of such Act and the effective date of such Act, referred to in subsecs. (a)(2)(A)(ii) and (b)(6)(B)(ii), probably means the general effective date for the Quality Housing and Work Responsibility Act of 1998, Pub. L. 105–276, title V, included in section 503 of the Act which is set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
Section 206(d) of the Housing and Urban-Rural Recovery Act of 1983, referred to in subsec. (a)(3)(A), is section 206(d) of Pub. L. 98–181, which is set out as a note below.
The Immigration and Nationality Act, referred to in subsec. (a)(3)(B)(i)(I), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(3)(B)(i)(I), is Pub. L. 104–193,
Section 503(a) of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (b)(6)(B)(ii), 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.
The Social Security Act, referred to in subsec. (d)(3)(B)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
Section 1437bb of this title, referred to in subsec. (f)(2)(C), was repealed by Pub. L. 104–330, title V, § 501(a),
Section 811, referred to in subsec. (f)(2)(C), means section 811 of the United States Housing Act of 1937, but that Act does not contain a section 811.
Prior Provisions
A prior section 3 of act Sept. 1, 1937, ch. 896, 50 Stat. 889, as amended, established the United States Housing Authority and was classified to section 1403 of this title, prior to the general revision of this chapter by Pub. L. 93–383.
Prior similar provisions were contained in section 2 of act Sept. 1, 1937, ch. 896, 50 Stat. 888, which was classified to section 1402 of this title prior to the general revision of this chapter by Pub. L. 93–383.
Amendments
2014—Subsec. (a)(2)(B)(i). Pub. L. 113–76, § 210(2), inserted concluding provisions and struck out former concluding provisions, which read as follows: “The rental amount for a dwelling unit shall be considered to comply with the requirements of this clause if such amount does not exceed the actual monthly costs to the public housing agency attributable to providing and operating the dwelling unit. The preceding sentence may not be construed to require establishment of rental amounts equal to or based on operating costs or to prevent public housing agencies from developing flat rents required under this clause in any other manner that may comply with this clause.”
Pub. L. 113–76, § 210(1), substtituted “Each” for “Except as otherwise provided under this clause, each” and inserted “not be lower than 80 percent of the applicable fair market rental established under section 1437f(c) of this title and which shall” after “which shall”.
Subsec. (b)(2). Pub. L. 113–76, § 238(a), designated first sentence as subpar. (A), second sentence as subpar. (B), and remaining sentences as subpar. (D), and added subpar. (C).
Subsec. (b)(6)(A). Pub. L. 113–76, § 212, inserted “, or a consortium of such entities or bodies as approved by the Secretary” before period at end.
2008—Subsec. (b)(4). Pub. L. 110–289 inserted “or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts” before “may not be considered”.
2000—Subsec. (b)(3)(E)(iii). Pub. L. 106–402 substituted “section 15002 of this title” for “section 6001 of this title”.
1999—Subsec. (f)(1). Pub. L. 106–74, § 214(a)(1), inserted “, or the owner responsible for determining the participant’s eligibility or level of benefits,” after “A public housing agency” and “, or to the owner responsible for determining the participant’s eligibility or level of benefits” before period at end.
Subsec. (f)(2)(C). Pub. L. 106–74, § 214(a)(2), added subpar. (C).
1998—Subsec. (a)(1). Pub. L. 105–276, § 507(c), inserted “and subject to the requirement under paragraph (3)” after “paragraph (2)” in third sentence.
Subsec. (a)(2). Pub. L. 105–276, § 523, amended par. (2) generally. For prior text, see 1996 Amendment note below.
Subsec. (a)(3). Pub. L. 105–276, § 507(a), added par. (3).
Subsec. (a)(4), (5). Pub. L. 105–276, § 524(a), added pars. (4) and (5).
Subsec. (b)(1). Pub. L. 105–276, § 506(1), inserted after second sentence “The term ‘public housing’ includes dwelling units in a mixed finance project that are assisted by a public housing agency with capital or operating assistance.”
Subsec. (b)(2). Pub. L. 105–276, § 508(c)(1), substituted “limits for Westchester and Rockland Counties” for “limits for Westchester County”, inserted “each” before “such county”, substituted “include Westchester or Rockland Counties” for “include Westchester County” and “included Westchester and Rockland Counties” for “included Westchester County”, and inserted at end “In determining areas that are designated as difficult development areas for purposes of the low-income housing tax credit, the Secretary shall include Westchester and Rockland Counties, New York, in the New York City metropolitan area.”
Subsec. (b)(3)(A). Pub. L. 105–276, § 506(2)(A), struck out at end “In determining priority for admission to housing under this chapter, the Secretary shall give preference to single persons who are elderly, disabled, or displaced persons before single persons who are eligible under clause (v) of the first sentence.”
Subsec. (b)(3)(B). Pub. L. 105–276, § 506(2)(B), substituted “public housing agency plan” for “regulations of the Secretary” in second sentence.
Subsec. (b)(3)(E). Pub. L. 105–276, § 506(3), inserted at end “Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for low-income housing under this subchapter, solely on the basis of any drug or alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence.”
Subsec. (b)(5). Pub. L. 105–276, § 508(a), amended par. (5) generally, substituting present provisions for provisions which had defined “adjusted income” as income which remained after excluding $550 for each member of family in household under 18 years of age, disabled, or a student, $400 for any elderly or disabled family, the amount by which medical and related expenses exceeded 3 percent of income, child care expenses, 10 percent of earned income, and any payment made for support and maintenance of nonresident child, spouse, or former spouse.
Subsec. (b)(6). Pub. L. 105–276, § 546, amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The term ‘public housing agency’ means any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of low-income housing.”
Subsec. (b)(9) to (13). Pub. L. 105–276, § 506(4), added pars. (9) to (13).
Subsec. (c). Pub. L. 105–276, § 508(b)(1)(A), which directed the amendment of subsec. (c) by striking out the undesignated par. after par. (3), was executed by striking out concluding provisions after par. (5), to reflect the probable intent of Congress. Concluding provisions read as follows: “The earnings of and benefits to any public housing resident resulting from participation in a program providing employment training and supportive services in accordance with the Family Support Act of 1988, section 1437t of this title, or any comparable Federal, State, or local law shall not be considered as income for the purposes of determining a limitation on the amount of rent paid by the resident during—
“(1) the period that the resident participates in such program; and
“(2) the period that—
“(A) begins with the commencement of employment of the resident in the first job acquired by the person after completion of such program that is not funded by assistance under this chapter; and
“(B) ends on the earlier of—
“(i) the date the resident ceases to continue employment without good cause as the Secretary shall determine; or
“(ii) the expiration of the 18-month period beginning on the date referred to in subparagraph (A).”
Subsec. (c)(1). Pub. L. 105–276, § 520(a), inserted before period at end of second sentence “, but does not include the costs associated with the demolition of or remediation of environmental hazards associated with public housing units that will not be replaced on the project site, or other extraordinary site costs as determined by the Secretary”.
Subsecs. (d), (e). Pub. L. 105–276, § 508(b)(1)(B), added subsecs. (d) and (e).
Subsec. (f). Pub. L. 105–276, § 508(d)(1), added subsec. (f).
1996—Subsec. (a)(2). Pub. L. 104–99, § 402(b)(1), (f), temporarily amended par. (2) generally, substituting
“(2) Notwithstanding paragraph (1), a public housing agency may—
“(A) adopt ceiling rents that reflect the reasonable market value of the housing, but that are not less than the monthly costs—
“(i) to operate the housing of the agency; and
“(ii) to make a deposit to a replacement reserve (in the sole discretion of the public housing agency); and
“(B) allow families to pay ceiling rents referred to in subparagraph (A), unless, with respect to any family, the ceiling rent established under this paragraph would exceed the amount payable as rent by that family under paragraph (1).” for
“(2)(A) Any public housing agency may provide that each family residing in a public housing project owned and operated by such agency (or in low-income housing assisted under section 1437f of this title that contains more than 2,000 dwelling units) shall pay as monthly rent an amount determined by such agency to be appropriate that does not exceed a maximum amount that—
“(i) is established by such agency and approved by the Secretary;
“(ii) is not more than the amount payable as rent by such family under paragraph (1); and
“(iii) is not less than the average monthly amount of debt service and operating expenses attributable to dwelling units of similar size in public housing projects owned and operated by such agency.
“(B) The terms of all ceiling rents established prior to
Subsec. (b)(5)(F). Pub. L. 104–330, § 501(b)(1)(A)(i), inserted “and” after semicolon.
Subsec. (b)(5)(G). Pub. L. 104–330, § 501(b)(1)(A)(ii), (iii), redesignated subpar. (H) as (G) and struck out former subpar. (G) which read as follows: “excessive travel expenses, not to exceed $25 per family per week, for employment- or education-related travel, except that this subparagraph shall apply only to families assisted by Indian housing authorities; and”.
Subsec. (b)(5)(H). Pub. L. 104–330, § 501(b)(1)(A)(iii), redesignated subpar. (H) as (G).
Pub. L. 104–99, § 402(c), (f), temporarily added subpar. (H) which read “for public housing, any other adjustments to earned income established by the public housing agency. If a public housing agency adopts other adjustments to income pursuant to subparagraph (H), the Secretary shall not take into account any reduction of or increase in the public housing agency’s per unit dwelling rental income resulting from those adjustments when calculating the contributions under section 1437g of this title for the public housing agency for the operation of the public housing.” See Effective and Termination Dates of 1996 Amendments note below.
Subsec. (b)(6). Pub. L. 104–330, § 501(b)(1)(B), struck out at end “The term includes any Indian housing authority.”
Subsec. (b)(7). Pub. L. 104–330, § 501(b)(1)(C), inserted “and” before “the Trust” and struck out “, and Indian tribes” after “Pacific Islands”.
Subsec. (b)(9) to (12). Pub. L. 104–330, § 501(b)(1)(D), struck out pars. (9) to (12) which read as follows:
“(9) The term ‘Indian’ means any person recognized as being an Indian or Alaska Native by an Indian tribe, the Federal Government, or any State.
“(10) The term ‘Indian area’ means the area within which an Indian housing authority is authorized to provide low-income housing.
“(11) The term ‘Indian housing authority’ means any entity that—
“(A) is authorized to engage in or assist in the development or operation of low-income housing for Indians; and
“(B) is established—
“(i) by exercise of the power of self-government of an Indian tribe independent of State law; or
“(ii) by operation of State law providing specifically for housing authorities for Indians, including regional housing authorities in the State of Alaska.
“(12) The term ‘Indian tribe’ means any tribe, band, pueblo, group, community, or nation of Indians or Alaska Natives.”
1994—Subsec. (b)(3)(B). Pub. L. 103–233 substituted “includes families with children and” for “means families with children”.
1992—Subsec. (a)(1). Pub. L. 102–550, § 185(c)(4), substituted “section 1437f(o) or (y) of this title or paying rent under section 1437f(c)(3)(B) of this title” for “section 1437f(o) of this title”.
Subsec. (a)(2)(A). Pub. L. 102–550, § 102(a), struck out “for not more than a 5-year period” after “monthly rent”.
Subsec. (a)(2)(B). Pub. L. 102–550, § 102(b), struck out first sentence which read as follows: “The 5-year limitation established in subparagraph (A) shall not apply to any family residing in a public housing project administered by an Indian public housing agency.” and substituted “without time limitation” for “for the 5-year period beginning on
Subsec. (b)(3). Pub. L. 102–550, § 621, amended par. (3) generally, substituting present provisions for provisions relating to families consisting of single persons, elderly families, handicapped persons, displaced persons, and families with household heads 50 years old or older and the priorities for admission of such families and persons to housing under this chapter.
Subsec. (b)(4). Pub. L. 102–550, § 103(a)(1), inserted “and any amounts which would be eligible for exclusion under section 1382b(a)(7) of this title” after “family”.
Subsec. (b)(5)(B). Pub. L. 102–550, § 625(a)(1), inserted “or disabled” after “elderly”.
Subsec. (b)(5)(D). Pub. L. 102–550, § 103(a)(2)(A), added subpar. (D) and struck out former subpar. (D) which read as follows: “(i) child care expenses to the extent necessary to enable another member of the family to be employed or to further his or her education; or (ii) excessive travel expenses, not to exceed $25 per family per week, for employment or education related travel, except that this clause shall apply only to families assisted by Indian housing authorities;”.
Subsec. (b)(5)(G). Pub. L. 102–550, § 103(a)(2)(B)–(D), added subpar. (G).
Subsec. (c)(4), (5). Pub. L. 102–550, § 622(c), which directed the amendment of subsec. (c) by inserting pars. (4) and (5) after “project.”, was executed by making the insertion after “project.” at the end of par. (3), to reflect the probable intent of Congress.
1990—Pub. L. 101–625, § 515(b), added concluding undesignated par. directing that earnings and benefits to public housing residents resulting from participation in programs providing employment training and supportive services not be considered as income.
Subsec. (a)(1). Pub. L. 101–625, § 572(1), substituted “low-income families” for “lower income families” in introductory provisions.
Subsecs. (a)(2)(A), (b)(1). Pub. L. 101–625, § 572(2), substituted “low-income housing” for “lower income housing” wherever appearing.
Subsec. (b)(2). Pub. L. 101–625, § 573(d), inserted sentences at end relating to determination or establishment of median incomes and income ceilings and limits for Westchester County and for metropolitan statistical areas outside Westchester County.
Pub. L. 101–625, § 572(1), substituted “low-income families” for “lower income families” wherever appearing.
Subsec. (b)(3). Pub. L. 101–625, § 574, inserted sentence at end relating to effect of temporary absence of child from the home due to placement in foster care on considerations of family composition and size.
Pub. L. 101–625, § 573(a), substituted “(D) and any other single persons. In no event may any single person under clause (D) be provided a housing unit assisted under this chapter of 2 bedrooms or more.” for “(D) other single persons in circumstances described in regulations of the Secretary.” in first sentence, struck out after first sentence “In no event shall more than 15 per centum of the units under the jurisdiction of any public housing agency be occupied by single persons under clause (D).”, and struck out third from last sentence which was executed (to reflect the probable intent of Congress) by striking out third sentence from end which read as follows: “The Secretary may increase the limitation described in the second sentence of this paragraph to not more than 30 per centum if, following consultation with the public housing agency involved, the Secretary determines that the dwelling units involved are neither being occupied, nor are likely to be occupied within the next 12 months, by families or persons described in clauses (A), (B), and (C), due to the condition or location of such dwelling units, and that such dwelling units may be occupied if made available to single persons described in clause (D).”
Subsec. (b)(4). Pub. L. 101–625, § 573(b), inserted before period at end “, except that any amounts not actually received by the family may not be considered as income under this paragraph”.
Subsec. (b)(5)(A). Pub. L. 101–625, § 573(c)(1), substituted “$550” for “$480”.
Subsec. (b)(5)(C). Pub. L. 101–625, § 573(c)(2), struck out “elderly” before “family” in cl. (i) and struck out “and” at end.
Subsec. (b)(5)(E), (F). Pub. L. 101–625, § 573(c)(3), added subpars. (E) and (F).
Subsecs. (b)(6), (10), (11)(A), (c). Pub. L. 101–625, § 572(2), substituted “low-income housing” for “lower income housing” wherever appearing.
1989—Subsec. (a)(2)(A). Pub. L. 101–235, § 302(1), substituted “5-year period” for “3-year period”.
Subsec. (a)(2)(B). Pub. L. 101–235, § 302(2), substituted “5-year limitation” for “3-year limitation” and inserted at end “The terms of all ceiling rents established prior to
1988—Subsec. (a). Pub. L. 100–242, § 102(a), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), a” for “A”, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and added par. (2).
Subsec. (b)(3). Pub. L. 100–242, § 170(c), in cl. (A), substituted “sixty-two years of age,” for “sixty-two years of age or”, and “, has a developmental disability as defined in section 6001(7) of this title” for “or in section 102 of the Developmental Disabilities Services and Facilities Construction Amendments of 1970”.
Pub. L. 100–242, § 111, inserted provisions relating to determination of priority admission to public housing projects designed for elderly families.
Subsec. (b)(5)(D). Pub. L. 100–358, § 4(a), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(6). Pub. L. 100–358, § 4(b), inserted at end “The term includes any Indian housing authority.”
Subsec. (b)(7). Pub. L. 100–358, § 4(c), struck out “, bands, groups, and Nations, including Alaska Indians, Aleuts, and Eskimos, of the United States” after “and Indian tribes”.
Subsec. (b)(9) to (12). Pub. L. 100–358, § 4(d)–(g), added pars. (9) to (12).
1984—Subsec. (b)(2). Pub. L. 98–479, § 102(b)(1), inserted provision at end that such ceilings shall be established in consultation with the Secretary of Agriculture for any rural area, as defined in section 1490 of this title, taking into account the subsidy characteristics and types of programs to which such ceilings apply.
Subsec. (b)(4). Pub. L. 98–479, § 102(b)(2), inserted “, in consultation with the Secretary of Agriculture” at end.
Subsec. (b)(5)(C). Pub. L. 98–479, § 102(b)(3), designated existing provision as cl. (i), added cl. (ii), and inserted “the amount by which the aggregate of the following expenses of the family” in provisions preceding cl. (i).
1983—Subsec. (a). Pub. L. 98–181, § 206(a), in provisions preceding par. (1), inserted provision requiring annual review of family income, and inserted “(other than a family assisted under section 1437f(o) of this title)”.
Subsec. (b)(2). Pub. L. 98–181, § 206(b), qualified the term “very low-income families” in authorizing the Secretary to establish, where necessary, variations in income ceilings higher or lower than 50 per centum of the median for the area.
Subsec. (b)(3). Pub. L. 98–181, § 202, inserted provision at end of par. (3) authorizing increase from 15 to 30 per centum in the single person occupancy limitation for nonoccupancy of the involved dwelling units.
Subsec. (b)(5). Pub. L. 98–181, § 206(c), amended par. (5) generally, substituting provisions designating cls. (A) to (D) for prior exclusion from “adjusted income” of such amounts or types of income as the Secretary might prescribe, taking into account the number of minor children and other appropriate factors.
1981—Pub. L. 97–35 added subsecs. (a) and (c) and designated provisions constituting former section as subsec. (b), and in subsec. (b) as so designated, substituted provisions defining “lower income housing”, “lower income families”, “families”, “income”, “adjusted income”, “public housing agency”, “State”, and “Secretary” for provisions defining “low-income housing”, “low-income families”, “development”, “operation”, “acquisition cost”, “public housing agency”, “State”, “Secretary”, and “low-income housing project”.
1979—Par. (1). Pub. L. 96–153 substituted provisions that the rental for a dwelling shall not exceed certain portion of the resident family’s income to be established by the Secretary, and that in the case of a very low income family 25 per centum and in other cases 30 per centum of family income for provisions that such rental shall not exceed one-fourth of the family’s income as defined by the Secretary.
1978—Par. (2)(D). Pub. L. 95–557 substituted “15 per cent” for “10 per cent”.
1976—Par. (2). Pub. L. 94–375 struck out “and” before cl. (C), added cl. (D), and two provisos relating to the percentage of units to be occupied by single persons and the priority to be given to single persons who are elderly, handicapped, or displaced, following cl. (D).
Effective Date Of Amendment
Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon
Pub. L. 105–276, title V, § 507(d),
Pub. L. 105–276, title V, § 508(c)(2),
Pub. L. 105–276, title V, § 524(b),
Pub. L. 105–276, title V, § 514(f),
Amendment by Pub. L. 104–330 effective
Pub. L. 104–99, title IV, § 402(f),
Pub. L. 102–550, title I, § 103(a)(3),
Amendment by subtitles B through F of title VI [§§ 621–685] of Pub. L. 102–550 applicable upon expiration of 6-month period beginning
Pub. L. 101–625, title V, § 573(f),
Pub. L. 100–358, § 6,
Amendment by Pub. L. 97–35 effective
Pub. L. 96–153, title II, § 202(c),
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
The Department of Housing and Urban Development adopted an interim rule, 24 CFR 860.409,
Miscellaneous
Pub. L. 113–76, div. L, title II, § 243,
Pub. L. 104–99, title IV, § 402(b)(2),
[Section 402(b)(2) of Pub. L. 104–99, set out above, effective
Pub. L. 102–550, title I, § 191,
Savings
Pub. L. 105–276, title V, § 508(b)(2),
Miscellaneous
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Pub. L. 105–276, title V, § 519(d),
Pub. L. 103–286, § 1,
Pub. L. 102–550, title VI, § 626,
Pub. L. 101–625, title V, § 573(e),
Pub. L. 100–242, title V, § 567,
Pub. L. 98–181, title I [title II, § 206(d)],
Prior provisions for determining rent payable by tenants occupying assisted housing under and authorizing delayed application or staged implementation of provisions amended by section 322 of Pub. L. 97–35 were contained in Pub. L. 97–35, title III, § 322(i),
Pub. L. 93–383, title II, § 202,