
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-400 Section 2]
[CITE: 42USC12705]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 130--NATIONAL AFFORDABLE HOUSING
 
              SUBCHAPTER I--GENERAL PROVISIONS AND POLICIES
 
Sec. 12705. State and local housing strategies


(a) In general

    The Secretary shall provide assistance directly to a jurisdiction 
only if--
        (1) the jurisdiction submits to the Secretary a comprehensive 
    housing affordability strategy (hereafter in this section referred 
    to as the ``housing strategy'');
        (2) the jurisdiction submits annual updates of the housing 
    strategy; and
        (3) the housing strategy, and any annual update of such 
    strategy, is approved by the Secretary.

The Secretary shall establish such dates and manner for the submission 
and approval of housing strategies under this section that the Secretary 
determines will facilitate orderly program management by jurisdictions 
and provide for timely investment or other use of funds made available 
under subchapter II of this chapter and other programs requiring 
submission of a housing strategy. If the Secretary finds there is good 
cause, the Secretary may provide reasonable extensions of any deadlines 
for submission of a jurisdiction's housing strategy.

(b) Contents

    A housing strategy submitted under this section shall be in a form 
that the Secretary determines to be appropriate for the assistance the 
jurisdiction may be provided and shall--
        (1) describe the jurisdiction's estimated housing needs 
    projected for the ensuing 5-year period, and the jurisdiction's need 
    for assistance for very low-income, low-income, and moderate-income 
    families, specifying such needs for different types of tenure and 
    for different categories of residents, such as very low-income, low-
    income, and moderate-income families, the elderly, persons with 
    disabilities, single persons, large families, residents of 
    nonmetropolitan areas, families who are participating in an 
    organized program to achieve economic independence and self-
    sufficiency, persons with acquired immunodeficiency syndrome, and 
    other categories of persons residing in or expected to reside in the 
    jurisdiction that the Secretary determines to be appropriate;
        (2) describe the nature and extent of homelessness, including 
    rural homelessness, within the jurisdiction, providing an estimate 
    of the special needs of various categories of persons who are 
    homeless or threatened with homelessness, including tabular 
    representation of such information, and a description of the 
    jurisdiction's strategy for (A) helping low-income families avoid 
    becoming homeless; (B) addressing the emergency shelter and 
    transitional housing needs of homeless persons (including a brief 
    inventory of facilities and services that meet such needs within 
    that jurisdiction); and (C) helping homeless persons make the 
    transition to permanent housing and independent living;
        (3) describe the significant characteristics of the 
    jurisdiction's housing market, indicating how those characteristics 
    will influence the use of funds made available for rental 
    assistance, production of new units, rehabilitation of old units, or 
    acquisition of existing units;
        (4) explain whether the cost of housing or the incentives to 
    develop, maintain, or improve affordable housing in the jurisdiction 
    are affected by public policies, particularly by policies of the 
    jurisdiction, including tax policies affecting land and other 
    property, land use controls, zoning ordinances, building codes, fees 
    and charges, growth limits, and policies that affect the return on 
    residential investment, and describe the jurisdiction's strategy to 
    remove or ameliorate negative effects, if any, of such policies, 
    except that, if a State requires a unit of general local government 
    to submit a regulatory barrier assessment that is substantially 
    equivalent to the information required under this paragraph, as 
    determined by the Secretary, the unit of general local government 
    may submit its assessment submitted to the State to the Secretary 
    and shall be considered to have complied with this paragraph;
        (5) explain the institutional structure, including private 
    industry, nonprofit organizations, and public institutions, through 
    which the jurisdiction will carry out its housing strategy, 
    assessing the strengths and gaps in that delivery system and 
    describing what the jurisdiction will do to overcome those gaps;
        (6) indicate resources from private and non-Federal public 
    sources that are reasonably expected to be made available to carry 
    out the purposes of this Act, explaining how funds made available 
    will leverage those additional resources and identifying, where the 
    jurisdiction deems it appropriate, publicly owned land or property 
    located within the jurisdiction that may be utilized to carry out 
    the purposes of this Act;
        (7) set forth the jurisdiction's plan for investment or other 
    use of housing funds made available under subchapter II of this 
    chapter, the United States Housing Act of 1937 [42 U.S.C. 1437 et 
    seq.], the Housing and Community Development Act of 1974, and the 
    Stewart B. McKinney Homeless Assistance Act [42 U.S.C. 11301 et 
    seq.], during the ensuing year or such longer period as the 
    Secretary determines to be appropriate, indicating the general 
    priorities for allocating investment geographically within the 
    jurisdiction and among different activities and housing needs;
        (8) describe how the jurisdiction's plan will address the 
    housing needs identified pursuant to subparagraphs \1\ (1) and (2), 
    describe the reasons for allocation priorities, and identify any 
    obstacles to addressing underserved needs;
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    \1\ So in original. Probably should be ``paragraphs''.
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        (9) describe the means of cooperation and coordination among the 
    State and any units of general local government in the development, 
    submission, and implementation of their housing strategies;
        (10) in the case of a unit of local government, describe the 
    number of public housing units in the jurisdiction, the physical 
    condition of such units, the restoration and revitalization needs of 
    public housing projects within the jurisdiction, the public housing 
    agency's strategy for improving the management and operation of such 
    public housing, and the public housing agency's strategy for 
    improving the living environment of low- and very-low-income 
    families residing in public housing;
        (11) describe the manner in which the plan of the jurisdiction 
    will help address the needs of public housing;
        (12) in the case of a State, describe the strategy to coordinate 
    the Low-Income Tax Credit with development of housing, including 
    public housing, that is affordable to very low-income and low-income 
    families;
        (13) describe the jurisdiction's activities to encourage public 
    housing residents to become more involved in management and 
    participate in homeownership;
        (14) describe the standards and procedures according to which 
    the jurisdiction will monitor activities authorized under this Act 
    and ensure long-term compliance with the provisions of this Act;
        (15) include a certification that the jurisdiction will 
    affirmatively further fair housing;
        (16) include a certification that the jurisdiction has in effect 
    and is following a residential antidisplacement and relocation 
    assistance plan that, in any case of any such displacement in 
    connection with any activity assisted with amounts provided under 
    subchapter II of this chapter, requires the same actions and 
    provides the same rights as required and provided under a 
    residential antidisplacement and relocation assistance plan under 
    section 104(d) of the Housing and Community Development Act of 1974 
    [42 U.S.C. 5304(d)] in the event of displacement in connection with 
    a development project assisted under section 106 or 119 of such Act 
    [42 U.S.C. 5306, 5318];
        (17) estimate the number of housing units within the 
    jurisdiction that are occupied by low-income families or very low-
    income families and that contain lead-based paint hazards, as 
    defined in section 4851b of this title, outline the actions proposed 
    or being taken to evaluate and reduce lead-based paint hazards, and 
    describe how lead-based paint hazard reduction will be integrated 
    into housing policies and programs;
        (18) include the number of families to whom the jurisdiction 
    will provide affordable housing as defined in section 12745 of this 
    title using funds made available;
        (19) for any housing strategy submitted for fiscal year 1994 or 
    any fiscal year thereafter and taking into consideration factors 
    over which the jurisdiction has control, describe the jurisdiction's 
    goals, programs, and policies for reducing the number of households 
    with incomes below the poverty line (as defined by the Office of 
    Management and Budget and revised annually), and, in consultation 
    with other appropriate public and private agencies, state how the 
    jurisdiction's goals, programs, and policies for producing and 
    preserving affordable housing set forth in the housing strategy will 
    be coordinated with other programs and services for which the 
    jurisdiction is responsible and the extent to which they will reduce 
    (or assist in reducing) the number of households with incomes below 
    the poverty line; and
        (20) describe the jurisdictions activities to enhance 
    coordination between public and assisted housing providers and 
    private and governmental health, mental health, and service 
    agencies.

The Secretary may provide for the submission of abbreviated housing 
strategies by jurisdictions that are not otherwise expected to be 
participating jurisdictions under subchapter II of this chapter. Such an 
abbreviated housing strategy shall be appropriate to the types and 
amounts of assistance the jurisdiction is to receive as determined by 
the Secretary.

(c) Approval

                           (1) In general

        The Secretary shall review the housing strategy upon receipt. 
    Not later than 60 days after receipt by the Secretary, the housing 
    strategy shall be approved unless the Secretary determines before 
    that date that (A) the housing strategy is inconsistent with the 
    purposes of this Act, or (B) the information described in subsection 
    (b) of this section has not been provided in a substantially 
    complete manner. For the purpose of the preceding sentence, the 
    adoption or continuation of a public policy identified pursuant to 
    subsection (b)(4) of this section shall not be a basis for the 
    Secretary's disapproval of a housing strategy. During the 18-month 
    period following November 28, 1990, the Secretary may extend the 
    review period to not longer than 90 days.

                 (2) Actions in case of disapproval

        If the Secretary disapproves the housing strategy, the Secretary 
    shall immediately notify the jurisdiction of such disapproval. Not 
    later than 15 days after the Secretary's disapproval, the Secretary 
    shall inform the jurisdiction in writing of (A) the reasons for 
    disapproval, and (B) actions that the jurisdiction could take to 
    meet the criteria for approval. If the Secretary fails to inform the 
    jurisdiction of the reasons for disapproval within such 15-day 
    period, the housing strategy shall be deemed to have been approved.

                   (3) Amendments and resubmission

        The Secretary shall, for a period of not less than 45 days 
    following the date of first disapproval, permit amendments to, or 
    the resubmission of, any housing strategy that is disapproved. The 
    Secretary shall approve or disapprove a housing strategy not less 
    than 30 days after receipt of such amendments or resubmission.

(d) Coordination of State and local housing strategies

    The Secretary may establish such requirements as the Secretary deems 
appropriate to encourage coordination between and among the housing 
strategies of a State and any participating jurisdictions within the 
State, except that a unit of general local government shall not be 
required to have elements of its housing strategy approved by the State.

(e) Consultation with social service agencies

                           (1) In general

        When preparing a housing strategy for submission under this 
    section, a jurisdiction shall make reasonable efforts to confer with 
    appropriate social service agencies regarding the housing needs of 
    children, elderly persons, persons with disabilities, homeless 
    persons, and other persons served by such agencies.

                    (2) Lead-based paint hazards

        When preparing that portion of a housing strategy required by 
    subsection (b)(16) of this section, a jurisdiction shall consult 
    with State or local health and child welfare agencies and examine 
    existing data related to lead-based paint hazards and poisonings, 
    including health department data on the addresses of housing units 
    in which children have been identified as lead poisoned.

(f) Barrier removal

    Not later than 4 months after completion of the final report of the 
Secretary's Advisory Commission on Regulatory Barriers to Affordable 
Housing, the Secretary shall submit to the Congress a written report 
outlining the Secretary's recommendations for legislative and 
administrative actions to facilitate the removal or modification of 
excessive, duplicative, or unnecessary regulations or other requirements 
of Federal, State, or local governments that (1) inflate the costs of or 
otherwise inhibit the construction, rehabilitation, or management of 
housing, particularly housing that otherwise could be affordable to low-
income and moderate-income families, or (2) contribute to economic or 
racial discrimination.

(g) Treatment of troubled public housing agencies

                (1) Effect of troubled status on CHAS

        The comprehensive housing affordability strategy (or any 
    consolidated plan incorporating such strategy) for the State or unit 
    of general local government in which any troubled public housing 
    agency is located shall not be considered to comply with the 
    requirements under this section unless such plan includes a 
    description of the manner in which the State or unit will provide 
    financial or other assistance to such troubled agency in improving 
    its operations to remove such designation.

                           (2) Definition

        For purposes of this subsection, the term ``troubled public 
    housing agency'' means a public housing agency that, upon the 
    effective date of the Quality Housing and Work Responsibility Act of 
    1998, is designated under section 6(j)(2) of the United States 
    Housing Act of 1937 [42 U.S.C. 1437d(j)(2)] as a troubled public 
    housing agency.

(Pub. L. 101-625, title I, Sec. 105, Nov. 28, 1990, 104 Stat. 4088; Pub. 
L. 102-550, title II, Sec. 220, title VI, Sec. 681, title X, Sec. 1014, 
title XII, Sec. 1206, Oct. 28, 1992, 106 Stat. 3761, 3830, 3908, 3940; 
Pub. L. 105-276, title V, Secs. 568, 583, Oct. 21, 1998, 112 Stat. 2634, 
2644.)

                       References in Text

    This Act, referred to in subsecs. (b)(6), (14) and (c)(1), is Pub. 
L. 101-625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-
Gonzalez National Affordable Housing Act. For complete classification of 
this Act to the Code, see Short Title note set out under section 12701 
of this title and Tables.
    The United States Housing Act of 1937, referred to in subsec. 
(b)(7), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 
93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is 
classified generally to chapter 8 (Sec. 1437 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 1437 of this title and Tables.
    The Housing and Community Development Act of 1974, referred to in 
subsec. (b)(7), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as 
amended. For complete classification of this Act to the Code, see Short 
Title note set out under section 5301 of this title and Tables.
    The Stewart B. McKinney Homeless Assistance Act, referred to in 
subsec. (b)(7), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as 
amended, which is classified principally to chapter 119 (Sec. 11301 et 
seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 11301 of this title and 
Tables.
    The effective date of the Quality Housing and Work Responsibility 
Act of 1998, referred to in subsec. (g)(2), probably means the general 
effective date for title V of Pub. L. 105-276, included in section 503 
of Pub. L. 105-276 which is set out as an Effective Date of 1998 
Amendment note under section 1437 of this title.


                               Amendments

    1998--Subsec. (b). Pub. L. 105-276, Sec. 583(1), transferred flush 
provisions relating to abbreviated housing strategies to end of 
subsection to follow last numbered paragraph.
    Subsec. (b)(11) to (15). Pub. L. 105-276, Sec. 583(6), (7), added 
par. (11) and redesignated former pars. (11) to (14) as (12) to (15), 
respectively. Former par. (15) redesignated (16).
    Subsec. (b)(16). Pub. L. 105-276, Sec. 583(6), redesignated par. 
(15) as (16). Former par. (16), relating to housing units that contain 
lead-based paint hazards, redesignated (17), and former par. (16), 
relating to number of families to whom jurisdiction will provide 
affordable housing, redesignated (18).
    Pub. L. 105-576, Sec. 583(5)(A), substituted ``programs;'' for 
``programs.'' in par. (16) relating to housing units that contain lead-
based paint hazards.
    Pub. L. 105-576, Sec. 583(4)(A), struck out ``and'' at end of par. 
(16) relating to number of families to whom jurisdiction will provide 
affordable housing.
    Subsec. (b)(17). Pub. L. 105-276, Sec. 583(5)(B), redesignated par. 
(16), relating to housing units that contain lead-based paint hazards, 
as (17). Former par. (17), relating to reducing the number of households 
within a jurisdiction with incomes below the poverty line, redesignated 
(19), and former par. (17), relating to activities to enhance 
coordination, redesignated (20).
    Subsec. (b)(18). Pub. L. 105-276, Sec. 583(4)(B), redesignated par. 
(16), relating to number of families to whom jurisdiction will provide 
affordable housing, as (18).
    Subsec. (b)(19). Pub. L. 105-276, Sec. 583(3), redesignated par. 
(17), relating to reducing the number of households within a 
jurisdiction with incomes below the poverty line, as (19).
    Subsec. (b)(20). Pub. L. 105-276, Sec. 583(2), redesignated par. 
(17), relating to activities to enhance coordination, as (20).
    Subsec. (g). Pub. L. 105-276, Sec. 568, added subsec. (g).
    1992--Subsec. (b)(1). Pub. L. 102-550, Sec. 681(1), inserted 
``persons with disabilities,'' after ``the elderly,''.
    Subsec. (b)(2). Pub. L. 102-550, Sec. 220(a), inserted ``, including 
rural homelessness,'' after ``extent of homelessness'' and ``including 
tabular representation of such information,'' after ``with 
homelessness,''.
    Subsec. (b)(4). Pub. L. 102-550, Sec. 1206, inserted before 
semicolon at end ``, except that, if a State requires a unit of general 
local government to submit a regulatory barrier assessment that is 
substantially equivalent to the information required under this 
paragraph, as determined by the Secretary, the unit of general local 
government may submit its assessment submitted to the State to the 
Secretary and shall be considered to have complied with this 
paragraph''.
    Subsec. (b)(8). Pub. L. 102-550, Sec. 220(c)(2), added par. (8). 
Former par. (8) redesignated (9).
    Subsec. (b)(9) to (13). Pub. L. 102-550, Sec. 220(c)(1), 
redesignated pars. (8) to (12) as (9) to (13), respectively. Former par. 
(13) redesignated (14).
    Subsec. (b)(14). Pub. L. 102-550, Sec. 220(c)(1), redesignated par. 
(13) as (14). Former par. (14) redesignated (15).
    Pub. L. 102-550, Sec. 220(b)(1), added par. (14) and struck out 
former par. (14) which read as follows: ``include a certification that 
the jurisdiction is in compliance with a residential antidisplacement 
and relocation assistance plan under section 104(d) of the Housing and 
Community Development Act of 1974 (to the extent that such a plan 
applies to the jurisdiction); and''.
    Subsec. (b)(15). Pub. L. 102-550, Sec. 220(c)(1), redesignated par. 
(14) as (15). Former par. (15) redesignated (16).
    Subsec. (b)(16). Pub. L. 102-550, Sec. 1014(3), added par. (16) 
relating to housing units that contain lead-based paint hazards.
    Pub. L. 102-550, Sec. 220(c)(1), redesignated par. (15) as (16). 
Former par. (16) redesignated (17).
    Pub. L. 102-550, Sec. 220(b)(3), added at end par. (16) relating to 
reducing the number of households within a jurisdiction with incomes 
below the poverty line.
    Subsec. (b)(17). Pub. L. 102-550, Sec. 681(2), which directed 
amendment of subsec. (b) by adding ``after paragraph (16), as added by 
the preceding provisions of this Act'', a new par. (17) relating to 
activities to enhance coordination, was executed by adding that par. 
(17) after par. (17) (formerly par. (16), relating to reducing the 
number of households within a jurisdiction with incomes below the 
poverty line, to reflect the probable intent of Congress.
    Pub. L. 102-550, Sec. 220(c)(1), redesignated par. (16), relating to 
reducing the number of households within a jurisdiction with incomes 
below the poverty line, as (17).
    Subsec. (e). Pub. L. 102-550, Sec. 1014(4), designated existing 
provisions as par. (1), inserted heading, and added par. (2).


                    Effective Date of 1998 Amendment

    Amendment by title V of Pub. L. 105-276 effective and applicable 
beginning upon Oct. 1, 1999, except as otherwise provided, with 
provision that Secretary may implement amendment before such date, 
except to extent that such amendment provides otherwise, and with 
savings provision, see section 503 of Pub. L. 105-276, set out as a note 
under section 1437 of this title.


                    Effective Date of 1992 Amendment

    Amendment by section 220 of Pub. L. 102-550 applicable to unexpended 
funds allocated under subchapter II of this chapter in fiscal year 1992, 
except as otherwise specifically provided, see section 223 of Pub. L. 
102-550, set out as a note under section 12704 of this title.
    Amendment by subtitles B through F of title VI [Secs. 621-685] of 
Pub. L. 102-550 applicable upon expiration of 6-month period beginning 
Oct. 28, 1992, except as otherwise provided, see section 13642 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1437e, 1437f, 1437aaa-1, 
1437aaa-2, 1439, 1485, 1490l, 3035i, 4852, 5304, 5318a, 8013, 11361, 
11375, 11386, 11394, 11403c, 11432, 12705b, 12708, 12746, 12747, 12752, 
12872, 12873, 12892, 12893, 12899b, 12899c, 12903 of this title; title 
12 sections 1456, 1701q, 1723a, 4117.
