
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: 42USC12907]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
        CHAPTER 131--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
 
Sec. 12907. AIDS short-term supported housing and services


(a) Use of grants

    Any amounts received from grants under this section may only be used 
to carry out a program to provide (or contract to provide) assistance to 
eligible persons who are homeless or in need of housing assistance to 
prevent homelessness, which may include the following activities:

                  (1) Short-term supported housing

        Purchasing, leasing, renovating, repairing, and converting 
    facilities to provide short-term shelter and services.

             (2) Short-term housing payments assistance

        Providing rent assistance payments for short-term supported 
    housing and rent, mortgage, and utilities payments to prevent 
    homelessness of the tenant or mortgagor of a dwelling.

                       (3) Supportive services

        Providing supportive services, to eligible persons assisted 
    under paragraphs (1) and (2), including health, mental health, 
    assessment, permanent housing placement, drug and alcohol abuse 
    treatment and counseling, day care, and nutritional services (except 
    that health services under this paragraph may only be provided to 
    individuals with acquired immunodeficiency syndrome or related 
    diseases), and providing technical assistance to eligible persons to 
    provide assistance in gaining access to benefits and services for 
    homeless individuals provided by the Federal Government and State 
    and local governments.

                            (4) Operation

        Providing for the operation of short-term supported housing 
    provided under this section, including the costs of security, 
    operation insurance, utilities, furnishings, equipment, supplies, 
    and other incidental costs.

                         (5) Administration

        Providing staff to carry out the program under this section 
    (subject to the provisions of section 12905(g) of this title).

(b) Program requirements

                (1) Minimum use period for structures

        (A) In general

            Any building or structure assisted with amounts from a grant 
        under this section shall be maintained as a facility to provide 
        short-term supported housing or assistance for eligible 
        persons--
                (i) in the case of assistance involving substantial 
            rehabilitation or acquisition of the building, for a period 
            of not less than 10 years; and
                (ii) in the case of assistance under paragraph (1), (3), 
            or (4) of subsection (a) of this section, for a period of 
            not less than 3 years.

        (B) Waiver

            The Secretary may waive the requirement under subparagraph 
        (A) with respect to any building or structure if the 
        organization or agency that received the grant under which the 
        building was assisted demonstrates, to the satisfaction of the 
        Secretary, that--
                (i) the structure is no longer needed to provide short-
            term supported housing or assistance or the continued 
            operation of the structure for such purposes is no longer 
            feasible; and
                (ii) the structure will be used to benefit individuals 
            or families whose incomes do not exceed 80 percent of the 
            median income for the area, as determined by the Secretary, 
            with adjustments for smaller and larger families, except 
            that the Secretary may establish income ceilings higher or 
            lower than 80 percent of the median income for the area if 
            the Secretary finds that such variations are necessary 
            because of prevailing levels of construction costs or 
            unusually high or low family incomes.

        (2) Residency and location limitations on short-term 
                              supported housing

        (A) Residency

            A short-term supported housing facility assisted with 
        amounts from a grant under this section may not provide shelter 
        or housing at any single time for more than 50 families or 
        individuals.

        (B) Waiver

            The Secretary may, as the Secretary determines appropriate, 
        waive the limitation under subparagraph (A) for any program or 
        short-term supported housing facility.

                       (3) Term of assistance

        (A) Supported housing assistance

            A program assisted under this section may not provide 
        residence in a short-term housing facility assisted under this 
        section to any individual for a sum of more than 60 days during 
        any 6-month period.

        (B) Housing payments assistance

            A program assisted under this section may not provide 
        assistance for rent, mortgage, or utilities payments to any 
        individual for rent, mortgage, or utilities costs accruing over 
        a period of more than 21 weeks of any 52-week period.

        (C) Waiver

            Notwithstanding subparagraphs (A) and (B), the Secretary may 
        waive the applicability of the requirements under such 
        subparagraphs with respect to any individual for which the 
        project sponsor has made a good faith effort to acquire 
        permanent housing (in accordance with paragraph (4)) and has 
        been unable to do so.

                            (4) Placement

        A program assisted under this section shall provide for any 
    individual who has remained in short-term supported housing assisted 
    under the demonstration program, to the maximum extent practicable, 
    the opportunity for placement in permanent housing or an environment 
    appropriate to the health and social needs of the individual.

               (5) Presumption for independent living

        In providing assistance under this section in any case in which 
    the residence of an individual is appropriate to the needs of the 
    individual, a program assisted under this section shall, when 
    reasonable, provide for assistance in a manner appropriate to 
    maintain the individual in such residence.

                    (6) Case management services

        A program assisted under this section shall provide each 
    individual assisted under the program with an opportunity, if 
    eligible, to receive case management services available from the 
    appropriate social service agencies.

(Pub. L. 101-625, title VIII, Sec. 858, Nov. 28, 1990, 104 Stat. 4379; 
Pub. L. 102-550, title VI, Sec. 606(g), (j)(5), (11)(C), Oct. 28, 1992, 
106 Stat. 3809-3811.)


                               Amendments

    1992--Subsec. (a). Pub. L. 102-550, Sec. 606(j)(11)(C)(i), 
substituted ``eligible persons'' for ``individuals with acquired 
immunodeficiency syndrome or related diseases'' in introductory 
provisions.
    Subsec. (a)(3). Pub. L. 102-550, Sec. 606(g)(1)(A), (j)(5), 
substituted ``to eligible persons assisted under'' for ``to individuals 
assisted under'' and inserted before period at end ``(except that health 
services under this paragraph may only be provided to individuals with 
acquired immunodeficiency syndrome or related diseases), and providing 
technical assistance to eligible persons to provide assistance in 
gaining access to benefits and services for homeless individuals 
provided by the Federal Government and State and local governments''.
    Subsec. (a)(4), (5). Pub. L. 102-550, Sec. 606(g)(1)(B), (C), added 
pars. (4) and (5) and struck out former pars. (4) and (5) which read as 
follows:
    ``(4) Maintenance and administration.--Providing for maintenance, 
administration, security, operation, insurance, utilities, furnishings, 
equipment, supplies, and other incidental costs relating to any short-
term supported housing provided under the demonstration program under 
this section.
    ``(5) Technical assistance.--Providing technical assistance to such 
individuals to provide assistance in gaining access to benefits and 
services for homeless individuals provided by the Federal Government and 
State and local governments.''
    Subsec. (b)(1)(A). Pub. L. 102-550, Sec. 606(j)(11)(C)(ii), 
substituted ``eligible persons'' for ``individuals with acquired 
immunodeficiency syndrome or related diseases'' in introductory 
provisions.
    Subsec. (b)(2)(B). Pub. L. 102-550, Sec. 606(g)(2)(A)(i), (iii), 
redesignated subpar. (C) as (B) and struck out former subpar. (B) which 
read as follows: ``Location.--A facility for short-term supported 
housing assisted with amounts from a grant under this section may not be 
located in or contiguous to any other facility for emergency or short-
term housing that is not limited to use by individuals with acquired 
immunodeficiency syndrome or related diseases.''
    Subsec. (b)(2)(C). Pub. L. 102-550, Sec. 606(g)(2)(A)(ii), (iii), 
substituted ``limitation under subparagraph (A)'' for ``limitations 
under subparagraphs (A) and (B)'' and redesignated subpar. (C) as (B).
    Subsec. (b)(3)(C). Pub. L. 102-550, Sec. 606(g)(2)(B), added subpar. 
(C).

                  Section Referred to in Other Sections

    This section is referred to in section 12904 of this title.
