
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1437e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 8--LOW-INCOME HOUSING
 
            SUBCHAPTER I--GENERAL PROGRAM OF ASSISTED HOUSING
 
Sec. 1437e. Designated housing for elderly and disabled families


(a) Authority to provide designated housing

                           (1) In general

        Subject only to provisions of this section and notwithstanding 
    any other provision of law, a public housing agency for which a plan 
    under subsection (d) of this section is in effect may provide public 
    housing projects (or portions of projects) designated for occupancy 
    by (A) only elderly families, (B) only disabled families, or (C) 
    elderly and disabled families.

                     (2) Priority for occupancy

        In determining priority for admission to public housing projects 
    (or portions of projects) that are designated for occupancy as 
    provided in paragraph (1), the public housing agency may make units 
    in such projects (or portions) available only to the types of 
    families for whom the project is designated.

              (3) Eligibility of near-elderly families

        If a public housing agency determines that there are 
    insufficient numbers of elderly families to fill all the units in a 
    project (or portion of a project) designated under paragraph (1) for 
    occupancy by only elderly families, the agency may provide that 
    near-elderly families may occupy dwelling units in the project (or 
    portion).

(b) Standards regarding evictions

    Except as provided in section 1437n(e)(1)(B) \1\ of this title, any 
tenant who is lawfully residing in a dwelling unit in a public housing 
project may not be evicted or otherwise required to vacate such unit 
because of the designation of the project (or portion of a project) 
pursuant to this section or because of any action taken by the Secretary 
or any public housing agency pursuant to this section.
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    \1\ See References in Text note below.
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(c) Relocation assistance

    A public housing agency that designates any existing project or 
building, or portion thereof, for occupancy as provided under subsection 
(a)(1) of this section shall provide, to each person and family who 
agrees to be relocated in connection with such designation--
        (1) notice of the designation and an explanation of available 
    relocation benefits, as soon as is practicable for the agency and 
    the person or family;
        (2) access to comparable housing (including appropriate services 
    and design features), which may include tenant-based rental 
    assistance under section 1437f of this title, at a rental rate paid 
    by the tenant that is comparable to that applicable to the unit from 
    which the person or family has vacated; and
        (3) payment of actual, reasonable moving expenses.

(d) Required plan

    A plan under this subsection for designating a project (or portion 
of a project) for occupancy under subsection (a)(1) of this section is a 
plan, prepared by the public housing agency for the project and 
submitted to the Secretary, that--
        (1) establishes that the designation of the project is 
    necessary--
            (A) to achieve the housing goals for the jurisdiction under 
        the comprehensive housing affordability strategy under section 
        12705 of this title; and
            (B) to meet the housing needs of the low-income population 
        of the jurisdiction; and

        (2) includes a description of--
            (A) the project (or portion of a project) to be designated;
            (B) the types of tenants for which the project is to be 
        designated;
            (C) any supportive services to be provided to tenants of the 
        designated project (or portion);
            (D) how the design and related facilities (as such term is 
        defined in section 1701q(d)(8) \1\ of title 12) of the project 
        accommodate the special environmental needs of the intended 
        occupants; and
            (E) any plans to secure additional resources or housing 
        assistance to provide assistance to families that may have been 
        housed if occupancy in the project were not restricted pursuant 
        to this section.

For purposes of this subsection, the term ``supportive services'' means 
services designed to meet the special needs of residents.

(e) Review of plans

                     (1) Review and notification

        The Secretary shall conduct a limited review of each plan under 
    subsection (d) of this section that is submitted to the Secretary to 
    ensure that the plan is complete and complies with the requirements 
    of subsection (d) of this section. The Secretary shall notify each 
    public housing agency submitting a plan whether the plan complies 
    with such requirements not later than 60 days after receiving the 
    plan. If the Secretary does not notify the public housing agency, as 
    required under this paragraph or paragraph (2), the plan shall be 
    considered, for purposes of this section, to comply with the 
    requirements under subsection (d) of this section and the Secretary 
    shall be considered to have notified the agency of such compliance 
    upon the expiration of such 60-day period.

      (2) Notice of reasons for determination of noncompliance

        If the Secretary determines that a plan, as submitted, does not 
    comply with the requirements under subsection (d) of this section, 
    the Secretary shall specify in the notice under paragraph (1) the 
    reasons for the noncompliance and any modifications necessary for 
    the plan to meet such requirements.

          (3) Standards for determination of noncompliance

        The Secretary may determine that a plan does not comply with the 
    requirements under subsection (d) of this section only if--
            (A) the plan is incomplete in significant matters required 
        under such subsection; or
            (B) there is evidence available to the Secretary that 
        challenges, in a substantial manner, any information provided in 
        the plan.

                   (4) Treatment of existing plans

        Notwithstanding any other provision of this section, a public 
    housing agency shall be considered to have submitted a plan under 
    this subsection if the agency has submitted to the Secretary an 
    application and allocation plan under this section (as in effect 
    before March 28, 1996) that have not been approved or disapproved 
    before March 28, 1996.

(f) Effectiveness

              (1) 5-year effectiveness of original plan

        A plan under subsection (d) of this section shall be in effect 
    for purposes of this section during the 5-year period that begins 
    upon notification under subsection (e)(1) of this section of the 
    public housing agency that the plan complies with the requirements 
    under subsection (d) of this section.

                         (2) Renewal of plan

        Upon the expiration of the 5-year period under paragraph (1) or 
    any 2-year period under this paragraph, an agency may extend the 
    effectiveness of the designation and plan for an additional 2-year 
    period (that begins upon such expiration) by submitting to the 
    Secretary any information needed to update the plan. The Secretary 
    may not limit the number of times a public housing agency extends 
    the effectiveness of a designation and plan under this paragraph.

                      (3) Transition provision

        Any application and allocation plan approved under this section 
    (as in effect before March 28, 1996) before March 28, 1996, shall be 
    considered to be a plan under subsection (d) of this section that is 
    in effect for purposes of this section for the 5-year period 
    beginning upon such approval.

(g) Inapplicability of Uniform Relocation Assistance and Real Property 
        Acquisitions Policy Act of 1970

    No tenant of a public housing project shall be considered to be 
displaced for purposes of the Uniform Relocation Assistance and Real 
Property Acquisitions Policy Act of 1970 [42 U.S.C. 4601 et seq.] 
because of the designation of any existing project or building, or 
portion thereof, for occupancy as provided under subsection (a) of this 
section.

(Sept. 1, 1937, ch. 896, title I, Sec. 7, as added Pub. L. 93-383, title 
II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 662; amended Pub. L. 95-557, 
title IV, Sec. 412, Oct. 31, 1978, 92 Stat. 2110; Pub. L. 100-242, title 
I, Sec. 112(b)(3), Feb. 5, 1988, 101 Stat. 1824; renumbered title I, 
Pub. L. 100-358, Sec. 5, June 29, 1988, 102 Stat. 681; amended Pub. L. 
102-550, title VI, Sec. 622(a), Oct. 28, 1992, 106 Stat. 3813; Pub. L. 
104-99, title IV, Sec. 402(d)(6)(A)(ii), Jan. 26, 1996, 110 Stat. 42; 
Pub. L. 104-120, Sec. 10(a), Mar. 28, 1996, 110 Stat. 838; Pub. L. 104-
330, title V, Sec. 501(b)(4), Oct. 26, 1996, 110 Stat. 4042; Pub. L. 
105-276, title V, Sec. 595(d), Oct. 21, 1998, 112 Stat. 2656.)

                       References in Text

    Section 1437n(e)(1)(B) of this title, referred to in subsec. (b), 
was repealed by Pub. L. 105-276, title V, Sec. 576(d)(2), Oct. 21, 1998, 
112 Stat. 2640.
    Section 1701q of title 12, referred to in subsec. (d)(2)(D), was 
amended generally by Pub. L. 101-625, title VIII, Sec. 801(a), Nov. 28, 
1990, 104 Stat. 4297, and, as so amended, does not contain a subsec. 
(d)(8) or a definition of the term ``related facilities''.
    The Uniform Relocation Assistance and Real Property Acquisitions 
Policy Act of 1970, referred to in subsec. (g), probably means the 
Uniform Relocation Assistance and Real Property Acquisition Policy Act 
of 1970, Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which 
is classified principally to chapter 61 (Sec. 4601 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 4601 of this title and Tables.


                            Prior Provisions

    A prior section 7 of act Sept. 1, 1937, ch. 896, 50 Stat. 891, as 
amended, required publication of information and submission of annual 
report by the Authority and was classified to section 1407 of this 
title, prior to the general revision of this chapter by Pub. L. 93-383.


                               Amendments

    1998--Subsec. (h). Pub. L. 105-276 struck out heading and text of 
subsec. (h). Text read as follows: ``The provisions of this section 
shall not apply with respect to low-income housing developed or operated 
pursuant to a contract between the Secretary and an Indian housing 
authority.''
    1996--Pub. L. 104-330, Sec. 501(b)(4), which directed amendment of 
``subsection 7'' of the United States Housing Act of 1937, probably 
meaning this section, by striking subsec. (l), could not be executed 
because this section does not contain a subsec. (l).
    Pub. L. 104-120 amended section generally, restating former subsecs. 
(a) to (g) relating to designated housing as subsecs. (a) to (h) 
relating to designated housing for elderly and disabled families.
    Subsec. (a)(2). Pub. L. 104-99, which directed the temporary 
amendment of par. (2) by substituting ``in accordance with the written 
system of preferences for selection established pursuant to'' for 
``according to the preferences for occupancy under'', could not be 
executed because of the amendment by Pub. L. 104-120 which amended 
section generally retroactive to Oct. 1, 1995. See Effective and 
Termination Dates of 1996 Amendments note below.
    1992--Pub. L. 102-550 amended section generally, substituting 
present provisions for provisions relating to and defining ``congregate 
housing'' and providing for design, development, and acquisition of 
congregate housing for displaced or elderly families, limitation on 
amounts for contracts for congregate housing, and costs for central 
dining facilities.
    1988--Pub. L. 100-242 struck out ``annual'' before ``contributions'' 
in proviso.
    1978--Pub. L. 95-557 substituted ``(1) low-rent housing which, as of 
January 1, 1979, was built or under construction, with which there is 
connected a central dining facility where wholesome and economical meals 
can be served to such occupants; or (2) low-rent housing constructed 
after, but not under construction prior to, January 1, 1979, connected 
with which there is a central dining facility to provide wholesome and 
economical meals for such occupants. Such occupants of congregate 
housing may also be provided with other supportive services appropriate 
to their needs under title IV of the Housing and Community Development 
Amendments of 1978'' for ``low-income housing (A) in which some or all 
of the dwelling units do not have kitchen facilities, and (B) connected 
with which there is a central dining facility to provide wholesome and 
economical meals for elderly and displaced families under terms and 
conditions prescribed by the public housing agency to permit a generally 
self-supporting operation''.


           Effective and Termination Dates of 1996 Amendments

    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. 104-120 to be construed to have become 
effective Oct. 1, 1995, notwithstanding the effective date of any 
regulations issued by Secretary of Housing and Urban Development to 
implement amendments by sections 9 and 10 of Pub. L. 104-120 or any 
failure by Secretary to issue any such regulations, see section 13 of 
Pub. L. 104-120, set out as a note under section 1437d of this title.
    Amendment by Pub. L. 104-99 effective Jan. 26, 1996, only for fiscal 
years 1996, 1997, and 1998, and to cease to be effective Oct. 21, 1998, 
see section 402(f) of Pub. L. 104-99, as amended, and section 514(f) of 
Pub. L. 105-276, set out as notes under section 1437a of this title.


                    Effective Date of 1992 Amendment

    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.


   Inapplicability of Certain 1992 Amendments to Indian Public Housing

    Amendment by Pub. L. 102-550 not applicable with respect to lower 
income housing developed or operated pursuant to contract between 
Secretary of Housing and Urban Development and Indian housing authority, 
see section 626 of Pub. L. 102-550, set out as a note under section 
1437a of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1437c-1, 8013 of this title.
