
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: 42USC5174]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
            SUBCHAPTER IV--MAJOR DISASTER ASSISTANCE PROGRAMS
 
Sec. 5174. Temporary housing assistance


(a) Provision of temporary housing

                           (1) In general

        The President may--
            (A) provide, by purchase or lease, temporary housing 
        (including unoccupied habitable dwellings), suitable rental 
        housing, mobile homes, or other readily fabricated dwellings to 
        persons who, as a result of a major disaster, require temporary 
        housing; and
            (B) reimburse State and local governments in accordance with 
        paragraph (4) for the cost of sites provided under paragraph 
        (2).

                        (2) Mobile home site

        (A) In general

            Any mobile home or other readily fabricated dwelling 
        provided under this section shall whenever possible be located 
        on a site which--
                (i) is provided by the State or local government; and
                (ii) has utilities provided by the State or local 
            government, by the owner of the site, or by the occupant who 
            was displaced by the major disaster.

        (B) Other sites

            Mobile homes and other readily fabricated dwellings may be 
        located on sites provided by the President if the President 
        determines that such sites would be more economical or 
        accessible than sites described in subparagraph (A).

                             (3) Period

        Federal financial and operational assistance under this section 
    shall continue for not longer than 18 months after the date of the 
    major disaster declaration by the President, unless the President 
    determines that due to extraordinary circumstances it would be in 
    the public interest to extend such 18-month period.

                          (4) Federal share

        The Federal share of assistance under this section shall be 100 
    percent; except that the Federal share of assistance under this 
    section for construction and site development costs (including 
    installation of utilities) at a mobile home group site shall be 75 
    percent of the eligible cost of such assistance. The State or local 
    government receiving assistance under this section shall pay any 
    cost which is not paid for from the Federal share.

(b) Temporary mortgage and rental payments

    The President is authorized to provide assistance on a temporary 
basis in the form of mortgage or rental payments to or on behalf of 
individuals and families who, as a result of financial hardship caused 
by a major disaster, have received written notice of dispossession or 
eviction from a residence by reason of a foreclosure of any mortgage or 
lien, cancellation of any contract of sale, or termination of any lease, 
entered into prior to such disaster. Such assistance shall be provided 
for the duration of the period of financial hardship but not to exceed 
18 months.

(c) In lieu expenditures

    In lieu of providing other types of temporary housing after a major 
disaster, the President is authorized to make expenditures for the 
purpose of repairing or restoring to a habitable condition owner-
occupied private residential structures made uninhabitable by a major 
disaster which are capable of being restored quickly to a habitable 
condition.

(d) Transfer of temporary housing

                    (1) Direct sale to occupants

        Notwithstanding any other provision of law, any temporary 
    housing acquired by purchase may be sold directly to individuals and 
    families who are occupants of temporary housing at prices that are 
    fair and equitable, as determined by the President.

     (2) Transfers to States, local governments, and voluntary 
                                organizations

        The President may sell or otherwise make available temporary 
    housing units directly to States, other governmental entities, and 
    voluntary organizations. The President shall impose as a condition 
    of transfer under this paragraph a covenant to comply with the 
    provisions of section 5151 of this title requiring nondiscrimination 
    in occupancy of such temporary housing units. Such disposition shall 
    be limited to units purchased under the provisions of subsection (a) 
    of this section and to the purposes of providing temporary housing 
    for disaster victims in major disasters or emergencies.

(e) Notification

                           (1) In general

        Each person who applies for assistance under this section shall 
    be notified regarding the type and amount of any assistance for 
    which such person qualifies. Whenever practicable, such notice shall 
    be provided within 7 days after the date of submission of such 
    application.

                           (2) Information

        Notification under this subsection shall provide information 
    regarding--
            (A) all forms of such assistance available;
            (B) any specific criteria which must be met to qualify for 
        each type of assistance that is available;
            (C) any limitations which apply to each type of assistance; 
        and
            (D) the address and telephone number of offices responsible 
        for responding to--
                (i) appeals of determinations of eligibility for 
            assistance; and
                (ii) requests for changes in the type or amount of 
            assistance provided.

(f) Location

    In providing assistance under this section, consideration shall be 
given to the location of and travel time to--
        (1) the applicant's home and place of business;
        (2) schools which the applicant or members of the applicant's 
    family who reside with the applicant attend; and
        (3) crops or livestock which the applicant tends in the course 
    of any involvement in farming which provides 25 percent or more of 
    the applicant's annual income.

(Pub. L. 93-288, title IV, Sec. 408, as added Pub. L. 100-707, title I, 
Sec. 106(d), Nov. 23, 1988, 102 Stat. 4702.)


                            Prior Provisions

    A prior section 5174, Pub. L. 93-288, title IV, Sec. 404, May 22, 
1974, 88 Stat. 154, related to temporary housing assistance, prior to 
repeal by Pub. L. 100-707, Sec. 106(d).
    A prior section 408 of Pub. L. 93-288 was classified to section 5178 
of this title and to a note set out under section 5178 of this title 
prior to repeal by Pub. L. 100-707.

                  Section Referred to in Other Sections

    This section is referred to in sections 5192, 5204c of this title.
