
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: 42USC12910]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
        CHAPTER 131--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
 
Sec. 12910. Grants for community residences and services


(a) Grant authority

    The Secretary of Housing and Urban Development may make grants to 
States and metropolitan areas to develop and operate community 
residences and provide services for eligible persons.

(b) Community residences and services

                      (1) Community residences

        (A) In general

            A community residence under this section shall be a 
        multiunit residence designed for eligible persons for the 
        following purposes:
                (i) To provide a lower cost residential alternative to 
            institutional care and to prevent or delay the need for 
            institutional care.
                (ii) To provide a permanent or transitional residential 
            setting with appropriate services that enhances the quality 
            of life for individuals who are unable to live 
            independently.
                (iii) To prevent homelessness among eligible persons by 
            increasing available suitable housing resources.
                (iv) To integrate eligible persons into local 
            communities and provide services to maintain the abilities 
            of such eligible persons to participate as fully as possible 
            in community life.

        (B) Rent

            Except to the extent that the costs of providing residence 
        are reimbursed or provided by any other assistance from Federal 
        or non-Federal public sources, each resident in a community 
        residence shall pay as rent for a dwelling unit an amount equal 
        to the following:
                (i) For low-income individuals, the amount of rent paid 
            under section 3(a) of the United States Housing Act of 1937 
            (42 U.S.C. 1437a(a)) by a low-income family (as the term is 
            defined in section 3(b)(2) of such Act (42 U.S.C. 
            1437a(b)(2))) for a dwelling unit assisted under such Act 
            [42 U.S.C. 1437 et seq.].
                (ii) For any resident that is not a low-income resident, 
            an amount based on a formula, which shall be determined by 
            the Secretary, under which rent is determined by the income 
            and resources of the resident.

        (C) Fees

            Fees may be charged for any services provided under 
        subsection (c)(2) of this section to residents of a community 
        residence, except that any fees charged shall be based on the 
        income and resources of the resident and the provision of 
        services to any resident of a community residence may not be 
        withheld because of an inability of the resident to pay such 
        fee.

        (D) Section 1437f assistance

            Assistance made available under section 8 of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f) may be used in 
        conjunction with a community residence under this subsection for 
        tenant-based assistance.

                            (2) Services

        Services provided with a grant under this section shall consist 
    of services appropriate in assisting eligible persons to enhance 
    their quality of life, enable such individuals to more fully 
    participate in community life, and delay or prevent the placement of 
    such individuals in hospitals or other institutions.

(c) Use of grants

    Any amounts received from a grant under this section may be used 
only as follows:

                      (1) Community residences

        For providing assistance in connection with community residences 
    under subsection (b)(1) of this section for the following 
    activities:

        (A) Physical improvements

            Construction, acquisition, rehabilitation, conversion, 
        retrofitting, and other physical improvements necessary to make 
        a structure suitable for use as a community residence.

        (B) Operating costs

            Operating costs for a community residence.

        (C) Technical assistance

            Technical assistance in establishing and operating a 
        community residence, which may include planning and other 
        predevelopment or preconstruction expenses, and expenses 
        relating to community outreach and educational activities 
        regarding acquired immunodeficiency syndrome and related 
        diseases provided for individuals residing in proximity of 
        eligible persons assisted under this chapter.

        (D) In-house services

            Services appropriate for individuals residing in a community 
        residence, which may include staff training and recruitment.

                            (2) Services

        For providing services under subsection (b)(2) of this section 
    to any individuals assisted under this chapter.

                     (3) Administrative expenses

        For administrative expenses related to the planning and carrying 
    out activities under this section (subject to the provisions of 
    section 12905(g) of this title).

(d) Limitations on use of grants

                      (1) Community residences

        Any jurisdiction that receives a grant under this section may 
    not use any amounts received under the grant for the purposes under 
    subsection (c)(1) of this section, except for planning and other 
    expenses preliminary to construction or other physical improvement 
    under subsection (c)(1)(A) of this section, unless the jurisdiction 
    certifies to the Secretary, as the Secretary shall require, the 
    following:

        (A) Service agreement

            That the jurisdiction has entered into a written agreement 
        with service providers qualified to deliver any services 
        included in the proposal under subsection (c) of this section to 
        provide such services to eligible persons assisted by the 
        community residence.

        (B) Funding and capability

            That the jurisdiction will have sufficient funding for such 
        services and the service providers are qualified to assist 
        eligible persons.

        (C) Zoning and building codes

            That any construction or physical improvements carried out 
        with amounts received from the grant will comply with any 
        applicable State and local housing codes and licensing 
        requirements in the jurisdiction in which the building or 
        structure is located.

        (D) Intensive assistance

            That, for any individual with acquired immunodeficiency 
        syndrome or related diseases who resides in a community 
        residence assisted under the grant and who requires more 
        intensive care than can be provided by the community residence, 
        the jurisdiction will locate for and refer the individual to a 
        service provider who can appropriately care for the individual.

                            (2) Services

        Any jurisdiction that receives a grant under this section may 
    use any amounts received under the grant for the purposes under 
    subsection (c)(2) of this section only for the provision of services 
    by service providers qualified to provide such services to eligible 
    persons.

(Pub. L. 101-625, title VIII, Sec. 861, Nov. 28, 1990, 104 Stat. 4382; 
Pub. L. 102-550, title VI, Sec. 606(i), (j)(8)-(10), (11)(E), Oct. 28, 
1992, 106 Stat. 3810, 3811; Pub. L. 105-276, title V, Sec. 550(b), Oct. 
21, 1998, 112 Stat. 2609.)

                       References in Text

    The United States Housing Act of 1937, referred to in subsec. 
(b)(1)(B)(i), 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, and 
amended, 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.


                               Amendments

    1998--Subsec. (b)(1)(D). Pub. L. 105-276 substituted ``assistance'' 
for ``certificates or vouchers''.
    1992--Subsec. (a). Pub. L. 102-550, Sec. 606(j)(8), substituted 
``eligible persons'' for ``persons with acquired immunodeficiency 
syndrome or related diseases''.
    Subsec. (b)(1)(A). Pub. L. 102-550, Sec. 606(j)(11)(E)(i), 
substituted ``eligible persons'' for ``individuals with acquired 
immunodeficiency syndrome or related diseases'' in introductory 
provisions and cl. (iii).
    Subsec. (b)(1)(A)(iv). Pub. L. 102-550, Sec. 606(j)(9), (11)(E)(i), 
substituted ``eligible persons'' for ``individuals with acquired 
immunodeficiency syndrome or related diseases'' and ``such eligible 
persons'' for ``such individuals''.
    Subsec. (b)(2). Pub. L. 102-550, Sec. 606(j)(11)(E)(i), which 
directed the substitution of ``eligible persons'' for ``individuals with 
acquired immunodeficiency syndrome or related diseases'' wherever 
appearing in subsec. (b), was executed by making the substitution for 
``individuals with acquired immunodeficiency syndrome and related 
diseases'' in par. (2) to reflect the probable intent of Congress.
    Subsec. (c)(1)(C). Pub. L. 102-550, Sec. 606(i)(1), inserted before 
period at end ``, and expenses relating to community outreach and 
educational activities regarding acquired immunodeficiency syndrome and 
related diseases provided for individuals residing in proximity of 
eligible persons assisted under this chapter''.
    Subsec. (c)(3). Pub. L. 102-550, Sec. 606(i)(2), added par. (3) and 
struck out former par. (3) which read as follows: ``For administrative 
expenses related to the planning and execution of activities under this 
section, except that a jurisdiction that receives a grant under this 
section may expend not more than 10 percent of the amount received under 
the grant for such administrative expenses. Administrative expenses 
under this paragraph may include expenses relating to community outreach 
and educational activities regarding acquired immunodeficiency syndrome 
and related diseases, for staff carrying out activities assisted with a 
grant under this section and for individuals who reside in proximity of 
individuals assisted under this chapter.''
    Subsec. (d). Pub. L. 102-550, Sec. 606(j)(11)(E)(ii), which directed 
the substitution of ``eligible persons'' for ``individuals with acquired 
immunodeficiency syndrome or related diseases'' wherever appearing in 
subsec. (d), was executed by making the substitution for ``individuals 
with acquired immunodeficiency syndrome and related diseases'' in pars. 
(1)(B) and (2) to reflect the probable intent of Congress.
    Subsec. (d)(1)(A). Pub. L. 102-550, Sec. 606(j)(10)(A), substituted 
``eligible persons'' for ``individuals''.
    Subsec. (d)(1)(D). Pub. L. 102-550, Sec. 606(j)(10)(B), inserted 
``with acquired immunodeficiency syndrome or related diseases'' after 
``any individual''.


                    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.

                  Section Referred to in Other Sections

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