
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: 42USC1437k]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 8--LOW-INCOME HOUSING
 
            SUBCHAPTER I--GENERAL PROGRAM OF ASSISTED HOUSING
 
Sec. 1437k. Consortia, joint ventures, affiliates, and 
        subsidiaries of public housing agencies
        

(a) Consortia

                           (1) In general

        Any 2 or more public housing agencies may participate in a 
    consortium for the purpose of administering any or all of the 
    housing programs of those public housing agencies in accordance with 
    this section.

                             (2) Effect

        With respect to any consortium described in paragraph (1)--
            (A) any assistance made available under this subchapter to 
        each of the public housing agencies participating in the 
        consortium shall be paid to the consortium; and
            (B) all planning and reporting requirements imposed upon 
        each public housing agency participating in the consortium with 
        respect to the programs operated by the consortium shall be 
        consolidated.

                          (3) Restrictions

        (A) Agreement

            Each consortium described in paragraph (1) shall be formed 
        and operated in accordance with a consortium agreement, and 
        shall be subject to the requirements of a joint public housing 
        agency plan, which shall be submitted by the consortium in 
        accordance with section 1437c-1 of this title.

        (B) Minimum requirements

            The Secretary shall specify minimum requirements relating to 
        the formation and operation of consortia and the minimum 
        contents of consortium agreements under this paragraph.

(b) Joint ventures

                           (1) In general

        Notwithstanding any other provision of law, a public housing 
    agency, in accordance with the public housing agency plan, may--
            (A) form and operate wholly owned or controlled subsidiaries 
        (which may be nonprofit corporations) and other affiliates, any 
        of which may be directed, managed, or controlled by the same 
        persons who constitute the board of directors or similar 
        governing body of the public housing agency, or who serve as 
        employees or staff of the public housing agency; or
            (B) enter into joint ventures, partnerships, or other 
        business arrangements with, or contract with, any person, 
        organization, entity, or governmental unit--
                (i) with respect to the administration of the programs 
            of the public housing agency, including any program that is 
            subject to this subchapter; or
                (ii) for the purpose of providing or arranging for the 
            provision of supportive or social services.

                   (2) Use and treatment of income

        Any income generated under paragraph (1)--
            (A) shall be used for low-income housing or to benefit the 
        residents assisted by the public housing agency; and
            (B) shall not result in any decrease in any amount provided 
        to the public housing agency under this subchapter, except as 
        otherwise provided under the formulas established under section 
        1437g(d)(2) and 1437g(e)(2) of this title.

                             (3) Audits

        The Comptroller General of the United States, the Secretary, or 
    the Inspector General of the Department of Housing and Urban 
    Development may conduct an audit of any activity undertaken under 
    paragraph (1) at any time.

(Sept. 1, 1937, ch. 896, title I, Sec. 13, as added Pub. L. 96-153, 
title II, Sec. 209, Dec. 21, 1979, 93 Stat. 1109; amended Pub. L. 96-
399, title II, Sec. 202(b), Oct. 8, 1980, 94 Stat. 1629; renumbered 
title I, Pub. L. 100-358, Sec. 5, June 29, 1988, 102 Stat. 681; Pub. L. 
105-276, title V, Sec. 515, Oct. 21, 1998, 112 Stat. 2549.)


                            Prior Provisions

    A prior section 13 of act Sept. 1, 1937, ch. 896, 50 Stat. 894, as 
amended, enumerated powers of the Authority and was classified to 
section 1413 of this title, prior to the general revision of this 
chapter by Pub. L. 93-383.


                               Amendments

    1998--Pub. L. 105-276 amended section catchline and text of section 
generally. Prior to amendment, text read as follows: ``The Secretary 
shall, to the maximum extent practicable, require that newly constructed 
and substantially rehabilitated projects assisted under this chapter 
with authority provided on or after October 1, 1979, shall be equipped 
with heating and cooling systems selected on the basis of criteria which 
include a life-cycle cost analysis of such systems.''
    1980--Pub. L. 96-399 struck out subsec. (a) which related to 
consideration by the Secretary, in utilizing contract authority, of 
projects which will be modernized to a substantial extent with 
weatherization materials as defined in section 6862(9) of this title, 
and redesignated former subsec. (b) as entire section.


                    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.


              Energy Efficient Public Housing Demonstration

    Pub. L. 100-242, title I, Sec. 125, Feb. 5, 1988, 101 Stat. 1847, 
provided that:
    ``(a) Establishment.--The Secretary of Housing and Urban Development 
shall establish a demonstration program through the assistance of an 
appropriate technology transfer organization that specializes in 
producing detailed energy-efficient designs and in conducting local and 
statewide, public participation tests for energy efficient, needs-
oriented housing. The appropriate technology organization shall carry 
out the demonstration working through and with public housing agencies 
to build and test a variety of energy-efficient housing designs in 100 
separate housing units in 4 different States that meet local lower 
income housing needs (including single parent, disabled, and elderly 
concerns) through a composite ranging from single to 12-plex units in 
the cluster approach on vacant lots and open areas.
    ``(b) Report.--As soon as practicable following September 30, 1988, 
the Secretary of Housing and Urban Development shall submit to the 
Congress a report setting forth the findings and recommendations of the 
Secretary as a result of the demonstration under this section.
    ``(c) Funding.--Of the budget authority authorized to be provided 
for the development of public housing, there is authorized to be 
appropriated to carry out this section $4,700,000 for fiscal year 
1988.''
