
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11401]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER IV--HOUSING ASSISTANCE
 
                    Part E--Miscellaneous Provisions
 
Sec. 11401. Section 1437f assistance for single room occupancy 
        dwellings
        

(a) Increase in budget authority

    The budget authority available under section 1437c(c) of this title 
for assistance under section 1437f(e)(2) \1\ of this title is authorized 
to be increased by $105,000,000 on or after October 1, 1992, and by 
$109,410,000 on or after October 1, 1993.
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    \1\ See References in Text note below.
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(b) Use of funds

    The amounts made available under this section shall be used only in 
connection with the moderate rehabilitation of housing described in 
section 1437f(n) \1\ of this title for occupancy by homeless 
individuals, except that amounts made available under this section may 
be used in connection with the moderate rehabilitation of efficiency 
units if the building owner agrees to pay the additional cost of 
rehabilitating and operating such units.,\2\ and except that the 
Secretary may provide amounts available under this section to private 
nonprofit organizations that submit applications for such assistance 
that are approved by the Secretary.
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    \2\ So in original. The period before the comma probably should not 
appear.
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(c) Allocation

    The amounts made available under this section shall be allocated by 
the Secretary of Housing and Urban Development on the basis of a 
national competition to the applicants that best demonstrate a need for 
the assistance under this section and the ability to undertake and carry 
out a program to be assisted under this section. To be considered for 
assistance under this section, an applicant shall submit to the 
Secretary of Housing and Urban Development a written proposal 
containing--
        (1) a description of the size and characteristics of the 
    population within the applicant's jurisdiction that would occupy 
    single room occupancy dwellings;
        (2) a listing of additional commitments from public and private 
    sources that the applicant might be able to provide in connection 
    with the program;
        (3) an inventory of suitable housing stock to be rehabilitated 
    with such assistance;
        (4) a description of the interest that has been expressed by 
    builders, developers, and others (including profit and nonprofit 
    organizations) in participating in the program; and
        (5) assurances satisfactory to the Secretary that the applicant, 
    to the maximum extent practicable, will involve homeless individuals 
    and families, through employment, volunteer services, or otherwise, 
    in rehabilitating and operating facilities assisted under this 
    section and in providing services for occupants of such facilities.

No single city or urban county shall be eligible to receive more than 10 
percent of the assistance made available under this section.

(d) Fire and safety improvements

    Each contract for housing assistance payments entered into with the 
authority provided under this section shall require the installation of 
a sprinkler system that protects all major spaces, hard wired smoke 
detectors, and such other fire and safety improvements as may be 
required by State or local law. For purposes of this subsection, the 
term ``major spaces'' means hallways, large common areas, and other 
areas specified in local fire, building, or safety codes.

(e) Cost limitation

    (1) The total cost of rehabilitation that may be compensated for in 
a contract for housing assistance payments entered into with the 
authority provided under this section shall not exceed $14,000 per unit, 
plus the expenditures required by subsection (d) of this section.
    (2) The Secretary of Housing and Urban Development shall increase 
the limitation contained in paragraph (1) by an amount the Secretary 
determines is reasonable and necessary to accommodate special local 
conditions, including--
        (A) high construction costs; or
        (B) stringent fire or building codes.

    (3) The Secretary of Housing and Urban Development shall increase 
the limitation in paragraph (1) on October 1 of each year by an amount 
necessary to take into account increases in construction costs during 
the previous 12-month period.

(f) Contract requirements

    Each contract for annual contributions entered into with a \3\ 
approved applicant to obligate the authority made available under this 
section shall--
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    \3\ So in original. Probably should be ``an''.
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        (1) commit the Secretary of Housing and Urban Development to 
    make such authority available to the approved applicant for an 
    aggregate period of 10 years, and require that any amendments 
    increasing such authority shall be available for the remainder of 
    such 10-year period;
        (2) provide the Secretary of Housing and Urban Development with 
    the option to renew the contract for an additional period of 10 
    years, subject to the availability of appropriations; and
        (3) provide that, notwithstanding any other provision of law, 
    first priority for occupancy of housing rehabilitated under this 
    section shall be given to homeless individuals.

(g) Repealed. Pub. L. 104-330, title V, Sec. 506(a)(8)(A), Oct. 26, 
        1996, 110 Stat. 4044

(h) Participation of homeless individuals

    The Secretary shall, by regulation, require each approved applicant 
receiving assistance under this section that is not a public housing 
agency to provide for the participation of not less than one homeless 
individual or former homeless individual on the board of directors or 
other equivalent policymaking entity of such applicant, to the extent 
that such entity considers and makes policies and decisions regarding 
the rehabilitation of any housing with assistance under this section. 
The Secretary may grant waivers to approved applicants unable to meet 
the requirements under the preceding sentence if the applicant agrees to 
otherwise consult with homeless or formerly homeless individuals in 
considering and making such policies and decisions.

(i) Termination of assistance

    If an individual or family who receives assistance under this 
section violates program requirements, the recipient of amounts made 
available under this section may terminate assistance in accordance with 
a formal process established by the recipient that recognizes the rights 
of individuals receiving such assistance to due process of law.

(j) Definitions

    For purposes of this section--
        (1) the term ``applicant'' means a public housing agency, or 
    private nonprofit organization that applies for assistance under 
    this section; and
        (2) the term ``private nonprofit organization'' means an 
    organization--
            (A) no part of the net earnings of which inures to the 
        benefit of any member, founder, contributor, or individual;
            (B) that has a voluntary board;
            (C) that has an accounting system, or has designated a 
        fiscal agent in accordance with requirements established by the 
        Secretary; and
            (D) that practices nondiscrimination in the provision of 
        assistance.

(Pub. L. 100-77, title IV, Sec. 441, July 22, 1987, 101 Stat. 508; Pub. 
L. 100-628, title IV, Sec. 481(a)-(d)(1), Nov. 7, 1988, 102 Stat. 3237, 
3238; Pub. L. 101-625, title VIII, Sec. 835, Nov. 28, 1990, 104 Stat. 
4366; Pub. L. 102-550, title XIV, Sec. 1405(a)-(d), Oct. 28, 1992, 106 
Stat. 4028, 4029; Pub. L. 104-330, title V, Sec. 506(a)(8), Oct. 26, 
1996, 110 Stat. 4044.)

                       References in Text

    Section 1437f(e)(2) of this title, referred to in subsec. (a), was 
repealed effective Oct. 1, 1991, but to remain in effect with respect to 
single room occupancy dwellings as authorized by this subchapter, see 
section 12839(b) of this title.
    Section 1437f(n) of this title, referred to in subsec. (b), was 
repealed by Pub. L. 105-276, title V, Sec. 550(a)(7), Oct. 21, 1998, 112 
Stat. 2609.


                               Amendments

    1996--Subsec. (g). Pub. L. 104-330, Sec. 506(a)(8)(A), struck out 
heading and text of subsec. (g). Text read as follows: ``Amounts made 
available for assistance under this section shall be available through 
contracts between the Secretary and Indian housing authorities, and the 
provisions of this section regarding public housing authorities shall 
include and apply to Indian housing authorities.''
    Subsec. (h). Pub. L. 104-330, Sec. 506(a)(8)(B), struck out ``or 
Indian housing authority'' after ``public housing agency''.
    Subsec. (j)(1). Pub. L. 104-330, Sec. 506(a)(8)(C), struck out ``, 
Indian housing authority'' after ``public housing agency''.
    1992--Subsec. (a). Pub. L. 102-550, Sec. 1405(a), amended subsec. 
(a) generally. Prior to amendment, subsec. (a) read as follows: ``The 
budget authority available under section 1437c(c) of this title for 
assistance under section 1437f(e)(2) of this title is authorized to be 
increased by $79,000,000 on or after October 1, 1990, and by $82,400,000 
on or after October 1, 1991.''
    Subsec. (b). Pub. L. 102-550, Sec. 1405(b)(1), inserted before 
period at end ``, and except that the Secretary may provide amounts 
available under this section to private nonprofit organizations that 
submit applications for such assistance that are approved by the 
Secretary''.
    Subsec. (c)(5). Pub. L. 102-550, Sec. 1405(c), added par. (5).
    Subsec. (f). Pub. L. 102-550, Sec. 1405(b)(2), substituted 
``approved applicant'' for ``public housing agency'' in introductory 
provisions and par. (1).
    Subsecs. (h), (i). Pub. L. 102-550, Sec. 1405(d), added subsecs. (h) 
and (i).
    Subsec. (j). Pub. L. 102-550, Sec. 1405(b)(3), added subsec. (j).
    1990--Subsec. (a). Pub. L. 101-625, Sec. 835(a), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: ``The budget 
authority available under section 1437c(c) of this title for assistance 
under section 1437f(e)(2) of this title is authorized to be increased by 
$50,000,000 on or after October 1, 1988, and by $50,000,000 on or after 
October 1, 1989.''
    Subsec. (g). Pub. L. 101-625, Sec. 835(b), added subsec. (g).
    1988--Subsec. (a). Pub. L. 100-628, Sec. 481(a), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: ``The budget 
authority available under section 1437c(c) of this title for assistance 
under section 1437f(e)(2) of this title is authorized to be increased by 
$35,000,000 on or after October 1, 1986, and by $35,000,000 on or after 
October 1, 1987.''
    Subsec. (b). Pub. L. 100-628, Sec. 481(b), inserted before period at 
end ``, except that amounts made available under this section may be 
used in connection with the moderate rehabilitation of efficiency units 
if the building owner agrees to pay the additional cost of 
rehabilitating and operating such units.''
    Subsec. (d). Pub. L. 100-628, Sec. 481(c), inserted sentence 
defining ``major spaces''.
    Subsec. (e)(3). Pub. L. 100-628, Sec. 481(d)(1), added par. (3).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as 
otherwise expressly provided, see section 107 of Pub. L. 104-330, set 
out as an Effective Date note under section 4101 of Title 25, Indians.
    Amendment by Pub. L. 104-330 applicable with respect to amounts made 
available for assistance under this subchapter for fiscal year 1998 and 
fiscal years thereafter, see section 506(c) of Pub. L. 104-330, set out 
as a note under section 11371 of this title.


                    Effective Date of 1988 Amendment

    Section 481(d)(2) of Pub. L. 100-628 provided that: ``The first 
increase under the amendment made by paragraph (1) [amending this 
section] shall be effective with respect to assistance provided on or 
after October 1, 1988.''
