
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-377 Section 1(a)(1)[226]]
[CITE: 42USC11383]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER IV--HOUSING ASSISTANCE
 
                   Part C--Supportive Housing Program
 
Sec. 11383. Eligible activities


(a) In general

    The Secretary may provide any project with one or more of the 
following types of assistance under this part:

                 (1) Acquisition and rehabilitation

        A grant, in an amount not to exceed $200,000, for the 
    acquisition, rehabilitation, or acquisition and rehabilitation, of 
    an existing structure (including a small commercial property or 
    office space) to provide supportive housing other than emergency 
    shelter or to provide supportive services; except that the Secretary 
    may increase the dollar limitation under this sentence to not more 
    than $400,000 for areas that the Secretary finds have high 
    acquisition and rehabilitation costs. The repayment of any 
    outstanding debt owed on a loan made to purchase an existing 
    structure shall be considered to be a cost of acquisition eligible 
    for a grant under this paragraph if the structure was not used as 
    supportive housing, or to provide supportive services, before the 
    receipt of assistance.

                        (2) New construction

        A grant, in an amount not to exceed $400,000, for new 
    construction of a structure to provide supportive housing.

                             (3) Leasing

        A grant for leasing of an existing structure or structures, or 
    portions thereof, to provide supportive housing or supportive 
    services during the period covered by the application. Grant 
    recipients may reapply for such assistance as needed to continue the 
    use of such structure for purposes of this part.

                         (4) Operating costs

        Annual payments for operating costs of housing assisted under 
    this part, not to exceed 75 percent of the annual operating costs of 
    such housing. Grant recipients may reapply for such assistance as 
    needed to continue the use of the housing for purposes of this part.

                       (5) Supportive services

        A grant for costs of supportive services provided to homeless 
    individuals. Any recipient, including program recipients under this 
    subchapter before October 28, 1992, may reapply for such assistance 
    or for the renewal of such assistance to continue services funded 
    under prior grants or to provide other services.

                      (6) Technical assistance

        Technical assistance in carrying out the purposes of this part.

(b) Use restrictions

        (1) Acquisition, rehabilitation, and new construction

        Projects assisted under subsection (a)(1) or (2) of this section 
    shall be operated for not less than 20 years for the purpose 
    specified in the application.

                        (2) Other assistance

        Projects assisted under subsection (a)(3), (4), (5), or (6) of 
    this section (but not under subsection (a)(1) or (2) of this 
    section) shall be operated for the purposes specified in the 
    application for the duration of the period covered by the grant.

                           (3) Conversion

        If the Secretary determines that a project is no longer needed 
    for use as supportive housing and approves the use of the project 
    for the direct benefit of low-income persons pursuant to a request 
    for such use by the recipient operating the project, the Secretary 
    may authorize the recipient to convert the project to such use.

(c) Repayment of assistance and prevention of undue benefits

                            (1) Repayment

        The Secretary shall require recipients to repay 100 percent of 
    any assistance received under subsection (a)(1) or (2) of this 
    section if the project ceases to be used as supportive housing 
    within 10 years after the project is placed in service. If such 
    project is used as supportive housing for more than 10 years, the 
    Secretary shall reduce the percentage of the amount required to be 
    repaid by 10 percentage points for each year in excess of 10 that 
    the project is used as supportive housing.

                  (2) Prevention of undue benefits

        Except as provided in paragraph (3), upon any sale or other 
    disposition of a project assisted under subsection (a)(1) or (2) of 
    this section occurring before the expiration of the 20-year period 
    beginning on the date that the project is placed in service, the 
    recipient shall comply with such terms and conditions as the 
    Secretary may prescribe to prevent the recipient from unduly 
    benefiting from such sale or disposition.

                            (3) Exception

        A recipient shall not be required to comply with the terms and 
    conditions prescribed under paragraphs (1) and (2) if the sale or 
    disposition of the project results in the use of the project for the 
    direct benefit of very low-income persons or if all of the proceeds 
    are used to provide supportive housing meeting the requirements of 
    this part.

(Pub. L. 100-77, title IV, Sec. 423, as added Pub. L. 102-550, title 
XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4015.)


                            Prior Provisions

    A prior section 11383, Pub. L. 100-77, title IV, Sec. 423, July 22, 
1987, 101 Stat. 501; Pub. L. 100-628, title IV, Secs. 441(b), (c), 
445(a), 446-448(a), 449, Nov. 7, 1988, 102 Stat. 3233, 3234; Pub. L. 
101-625, title VIII, Sec. 833(c)-(e), (g), Nov. 28, 1990, 104 Stat. 
4362, 4363, outlined types of assistance provided under the supportive 
housing demonstration program, prior to repeal by Pub. L. 102-550, 
Sec. 1403(a).

                  Section Referred to in Other Sections

    This section is referred to in sections 11386, 11389 of this title.
