
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 106-501 Section 401]
[CITE: 42USC3035o]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
   SUBCHAPTER IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND 
                                PROGRAMS
 
         Part B--Research, Demonstrations, and Other Activities
 
Sec. 3035o. Housing demonstration programs


(a) Housing ombudsman demonstration programs

                             (1) Grants

        The Assistant Secretary shall award grants to eligible agencies 
    to establish housing ombudsman programs.

                          (2) Use of grants

        An eligible agency shall use a grant awarded under paragraph (1) 
    to--
            (A) provide the services described in subparagraph (B) 
        through--
                (i) professional and volunteer staff to older 
            individuals who are--
                    (I) participating in federally assisted and other 
                publicly assisted housing programs; or
                    (II) seeking Federal, State, and local housing 
                programs; and

                (ii)(I) the State Long-Term Care Ombudsman program under 
            section 3027(a)(12) of this title or section 3058g of this 
            title;
                (II) a legal services or assistance organization or 
            through an organization that provides both legal and other 
            social services;
                (III) a public or not-for-profit social services agency; 
            or
                (IV) an agency or organization concerned with housing 
            issues but not responsible for publicly assisted housing.

            (B) establish a housing ombudsman program that provides 
        information, advice, and advocacy services including--
                (i) direct assistance, or referral to services, to 
            resolve complaints or problems;
                (ii) provision of information regarding available 
            housing programs, eligibility, requirements, and application 
            processes;
                (iii) counseling or assistance with financial, social, 
            familial, or other related matters that may affect or be 
            influenced by housing problems;
                (iv) advocacy related to promoting--
                    (I) the rights of the older individuals who are 
                residents in publicly assisted housing programs; and
                    (II) the quality and suitability of housing in the 
                programs; and

                (v) assistance with problems related to housing 
            regarding--
                    (I) threats of eviction or eviction notices;
                    (II) older buildings;
                    (III) functional impairments as the impairments 
                relate to housing;
                    (IV) unlawful discrimination;
                    (V) regulations of the Department of Housing and 
                Urban Development and the Farmers Home Administration;
                    (VI) disability issues;
                    (VII) intimidation, harassment, or arbitrary 
                management rules;
                    (VIII) grievance procedures;
                    (IX) certification and recertification related to 
                programs of the Department of Housing and Urban 
                Development and the Farmers Home Administration; and
                    (X) issues related to transfer from one project or 
                program to another; \1\
---------------------------------------------------------------------------
    \1\ So in original. The semicolon probably should be a period.
---------------------------------------------------------------------------

                         (3) Award of grants

        The Assistant Secretary shall award grants under paragraph (1) 
    to agencies in rural, urban, and other settings.

                           (4) Application

        To be eligible to receive a grant under paragraph (1), an agency 
    shall submit an application to the Assistant Secretary at such time, 
    in such manner, and containing such information as the Assistant 
    Secretary may require, including, at a minimum--
            (A) an assurance that the agency will conduct training of 
        professional and volunteer staff who will provide services 
        through the housing ombudsman demonstration program;
            (B) in the case of an application submitted by an area 
        agency on aging, an endorsement of the program by the State 
        agency serving the State in which the program will be 
        established, and an assurance by the State agency that the 
        agency will work with the area agency in carrying out the 
        program; and
            (C) a plan to involve in the demonstration program the 
        Secretary of the Department of Housing and Urban Development, 
        the Administrator of the Farmers Home Administration, any 
        individual or entity described in paragraph (2)(A) through which 
        the agency intends to provide the services, and other agencies 
        involved in publicly assisted housing programs.

                        (5) Eligible agencies

        Agencies eligible to receive grants under this section shall 
    include--
            (A) State agencies;
            (B) area agencies on aging; and
            (C) other nonprofit entities, including providers of 
        services under the State Long-Term Care Ombudsman program and 
        the elder rights and legal assistance development program 
        described in subparts II and IV, respectively, of part A of 
        subchapter XI of this chapter.

(b) Foreclosure and eviction assistance and relief services 
        demonstration programs

                             (1) Grants

        The Assistant Secretary shall make grants to States to carry out 
    demonstration programs to develop methods or implement laws--
            (A) to prevent or delay the foreclosure on housing owned and 
        occupied by older individuals or the eviction of older 
        individuals from housing the individuals rent;
            (B) to obtain alternative housing as a result of such 
        foreclosure or eviction; and
            (C) to assist older individuals to understand the rights and 
        obligations of the individuals under laws relating to housing 
        ownership and occupancy.

                      (2) Notification process

        A State that receives a grant under paragraph (1) shall 
    establish methods, including a notification process--
            (A) to assist older individuals who are incapable of, or 
        have difficulty in, understanding the circumstances and 
        consequences of foreclosure on or eviction from housing the 
        individuals occupy; and
            (B) to coordinate the program for which such grant is 
        received with the activities of tenant organizations, tenant-
        landlord mediation organizations, public housing entities, and 
        area agencies on aging, to provide more effectively assistance 
        or referral to services to relocate or prevent eviction of older 
        individuals from housing the individuals occupy.

(c) Evaluations and reports

                            (1) Agencies

        Each agency or State that receives a grant under subsection (a) 
    or (b) of this section to establish a demonstration program shall, 
    not later than 3 months after the end of the period for which the 
    grant is awarded--
            (A) evaluate the effectiveness of the program; and
            (B) submit a report containing the evaluation to the 
        Assistant Secretary.

                       (2) Assistant Secretary

        The Assistant Secretary shall, not later than 6 months after the 
    end of the period for which the Assistant Secretary awards a grant 
    under subsection (a) or (b) of this section--
            (A) evaluate the effectiveness of each demonstration program 
        that receives the grant; and
            (B) submit a report containing the evaluation to the Speaker 
        of the House of Representatives and the President pro tempore of 
        the Senate.

(Pub. L. 89-73, title IV, Sec. 429G, as added Pub. L. 102-375, title IV, 
Sec. 416, Sept. 30, 1992, 106 Stat. 1257; amended Pub. L. 103-171, 
Secs. 2(17), 3(a)(11), (13), Dec. 2, 1993, 107 Stat. 1989, 1990.)


                               Amendments

    1993--Subsec. (a). Pub. L. 103-171, Sec. 3(a)(13), substituted 
``Assistant Secretary'' for ``Commissioner'' wherever appearing.
    Subsec. (a)(2)(B)(v)(X). Pub. L. 103-171, Sec. 2(17), struck out 
``and'' at end.
    Subsecs. (b), (c). Pub. L. 103-171, Sec. 3(a)(11), (13), substituted 
``Assistant Secretary'' for ``Commissioner'' wherever appearing in text 
and in heading for par. (2) of subsec. (c).


                             Effective Date

    Section inapplicable with respect to fiscal year 1992, see section 
905(b)(3) of Pub. L. 102-375, set out as an Effective Date of 1992 
Amendment note under section 3001 of this title.
