eLaws | eCases | Code of Federal Regulations | Federal Register | Federal Courts |
 United States Code (Last Updated: May 24, 2014)
 Title 42. THE PUBLIC HEALTH AND WELFARE
 Chapter 89. CONGREGATE HOUSING SERVICES

  § 8012. Hope for elderly independence  

Latest version.
  • (a) Purpose

    The purpose of this section is to establish a demonstration program to test the effectiveness of combining housing certificates and vouchers with supportive services to assist frail elderly persons to continue to live independently. The demonstration program under this section shall terminate upon the expiration of the 5-year period determined by the Secretary.

     (b) Housing assistance

    In connection with this demonstration, the Secretary of Housing and Urban Development may enter into contracts with public housing agencies to provide not more than 1,500 incremental vouchers and certificates under sections 1437f(b) and 1437f(o) of this title. A public housing agency may not require that a frail elderly person live in a particular structure or unit, but the agency may restrict the program under this section to a geographic area, where necessary to ensure that the provision of supportive services is feasible. At the end of the demonstration period, the public housing agency shall give each frail elderly person the option to continue to receive assistance under the housing certificate or voucher program of the agency. In the demonstration, the Secretary may also provide for supportive services in connection with existing contracts for housing assistance under sections 1437f(b) and 1437f(o) of this title.

     (c) Supportive services requirements and matching funding(1) Federal, PHA and, of this title.(6) The term “Secretary” means the Secretary of Housing and Urban Development.(7) The term “supportive services”—(A) means assistance, that the Secretary determines—(i) addresses the special needs of frail elderly persons; and(ii) provides appropriate supportive services or assists such persons in obtaining appropriate services, including personal care, case management services, transportation, meal services, counseling, supervision, and other services essential for achieving and maintaining independent living; and(B) does not include medical services, as determined by the Secretary. (h) Multifamily project demonstration(1) In general

    In addition to the demonstration program authorized by the preceding provisions of this section, the Secretary shall conduct a demonstration in one Federal region, subject to the terms and conditions of this subsection, to determine the feasibility of using housing assistance under section 1437f of this title to assist elderly persons who may become frail to live independently in housing specifically designed for occupancy by such persons in sufficient proportion to achieve economies of scale in the provision of services and facilities.

    (2) Section 1437f allocation

    From amounts provided pursuant to subsection (j) of this section and subject to availability in appropriation Acts, the Secretary shall enter into a contract with a public housing agency to provide housing assistance under section 1437f(b) of this title to assist elderly persons in at least 75 percent of the units in a single housing project with more than 100 units.

    (3) Section 1437f terms

    The assistance payment contract under section 1437f of this title shall be attached to the structure and shall be in an initial term of 5 years. The contract shall (at the option of the public housing agency and subject to availability of amounts approved in appropriations Acts) be renewable for 3 additional 5-year terms. Rents for units in the project assisted pursuant to this subsection shall be subject to the rent limitations in effect for the area under section 1437f of this title for projects for the elderly receiving loans under section 1701q of title 12.

    (4) Supportive services

    The Secretary shall allocate, for the project assisted pursuant to this subsection, a reasonable portion of the amounts appropriated pursuant to the authorization for funds for supportive services in subsection (k) of this section, based on the estimated number of project residents who will be frail elderly individuals during the 5-year period beginning on the date of initial occupancy of the project. Grants for supportive services may be used to assist any occupant in the demonstration project who is a frail elderly individual. Grants for supportive services under this subsection shall be subject to the other terms and conditions specified in this section.

    (5) Applications

    An application for assistance under this subsection may be submitted by any unit of general local government with a population under 50,000 and shall contain such information as the Secretary deems appropriate.

    (6) SelectionThe Secretary shall select one application for funding under this subsection based on the following criteria:(A) The number of elderly persons residing in the applicant’s jurisdiction.(B) The extent of existing housing constructed prior to 1940 in the applicant’s jurisdiction.(C) The number of elderly persons living in adjacent projects to whom the services and facilities provided by the project would be available.(D) The level of State and local contributions toward the cost of developing the project and of providing supportive services.(E) The project’s contribution to neighborhood improvement.     (i) Report

    The Secretary shall submit to Congress an annual report evaluating the effectiveness of the demonstrations under this section. The report shall include a statement of the number of persons served, the types of services provided, the cost of providing such services, and any other information the Secretary considers appropriate in evaluating the demonstration.

     (j) Section 1437f funding

    The budget authority available under section 1437c(c) of this title for assistance under sections 1437f(b) and 1437f(o) of this title is authorized to be increased by $38,288,000 on or after October 1, 1992, and by $39,896,096 on or after October 1, 1993. The amounts made available under this subsection shall be used only in connection with the demonstration under this section.

     (k) Funding for services

    There are authorized to be appropriated for the Secretary to carry out the responsibilities for supportive services under the demonstrations under this section $10,000,000 to become available in fiscal year 1993, and $10,420,000 to become available in fiscal year 1994. Any such amounts appropriated under this subsection shall remain available until expended.

     (l) Implementation

    Not later than the expiration of the 180-day period beginning on the date that funds authorized for the demonstrations under this section first become available for obligation, the Secretary shall by notice establish such requirements as may be necessary to carry out the demonstration programs authorized under this section.
(Pub. L. 101–625, title VIII, § 803, Nov. 28, 1990, 104 Stat. 4317; Pub. L. 102–550, title VI, § 605, Oct. 28, 1992, 106 Stat. 3806.)

References In Text

References in Text

The Older Americans Act of 1965, referred to in subsec. (d)(12), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, as amended. Title III of the Act is classified generally to subchapter III (§ 3021 et seq.) of chapter 35 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

Section 1437a(b)(11) of this title, referred to in subsec. (g)(5), was repealed by Pub. L. 104–330, title V, § 501(b)(1)(D), Oct. 26, 1996, 110 Stat. 4041, and a new section 1437a(b)(11), defining “public housing agency plan”, was enacted by Pub. L. 105–276, title V, § 506(4), Oct. 21, 1998, 112 Stat. 2524.

Codification

Codification

Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Congregate Housing Services Act of 1978 which comprises this chapter.

Amendments

Amendments

1992—Subsec. (a). Pub. L. 102–550, § 605(c)(1), substituted “determined by the Secretary” for “beginning on November 28, 1990”.

Subsec. (g)(1). Pub. L. 102–550, § 605(c)(2), added par. (1) and struck out former par. (1) which read as follows: “The term ‘demonstration period’ means the period beginning on November 28, 1990, and ending upon the termination date under subsection (a) of this section.”

Subsec. (j). Pub. L. 102–550, § 605(a), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “The Secretary may provide assistance under sections 1437f(b) and 1437f(o) of this title in connection with the demonstrations under this section, in an amount not to exceed $34,000,000 for fiscal year 1991, and $35,500,000 for fiscal year 1992, subject to the approval of sufficient amounts in appropriations Acts under section 1437c of this title.”

Subsec. (k). Pub. L. 102–550, § 605(b), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: “There are authorized to be appropriated for the Secretary to carry out the responsibilities for supportive services under the demonstrations under this section, $10,000,000 to become available in fiscal year 1991, and $10,400,000 to become available in fiscal year 1992, and remain available until expended.”