42 USC 1437 - Declaration of policy and public housing agency organization

U.S Code last checked for updates: Nov 24, 2024

§ 1437.

Declaration of policy and public housing agency organization

(a)

Declaration of policy

It is the policy of the United States—

(1)

to promote the general welfare of the Nation by employing the funds and credit of the Nation, as provided in this chapter—

(A)

to assist States and political subdivisions of States to remedy the unsafe housing conditions and the acute shortage of decent and safe dwellings for low-income families;

(B)

to assist States and political subdivisions of States to address the shortage of housing affordable to low-income families; and

(C)

consistent with the objectives of this subchapter, to vest in public housing agencies that perform well, the maximum amount of responsibility and flexibility in program administration, with appropriate accountability to public housing residents, localities, and the general public;

(2)

that the Federal Government cannot through its direct action alone provide for the housing of every American citizen, or even a majority of its citizens, but it is the responsibility of the Government to promote and protect the independent and collective actions of private citizens to develop housing and strengthen their own neighborhoods;

(3)

that the Federal Government should act where there is a serious need that private citizens or groups cannot or are not addressing responsibly; and

(4)

that our Nation should promote the goal of providing decent and affordable housing for all citizens through the efforts and encouragement of Federal, State, and local governments, and by the independent and collective actions of private citizens, organizations, and the private sector.

(b)

Public housing agency organization

(1)

Required membership

Except as provided in paragraphs (2) and (3), the membership of the board of directors or similar governing body of each public housing agency shall contain not less than 1 member—

(A)

who is directly assisted by the public housing agency; and

(B)

who may, if provided for in the public housing agency plan, be elected by the residents directly assisted by the public housing agency.

(2)

Exception

Paragraph (1) shall not apply to any public housing agency—

(A)

that is located in a State that requires the members of the board of directors or similar governing body of a public housing agency to be salaried and to serve on a full-time basis; or

(B)

with less than 300 public housing units, if—

(i)

the agency has provided reasonable notice to the resident advisory board of the opportunity of not less than 1 resident described in paragraph (1) to serve on the board of directors or similar governing body of the public housing agency pursuant to such paragraph; and

(ii)

within a reasonable time after receipt by the resident advisory board established by the agency pursuant to section 1437c–1(e) of this title of notice under clause (i), the public housing agency has not been notified of the intention of any resident to participate on the board of directors.

(3)

Exception for certain jurisdictions

(A)

Exception

(B)

Advisory board requirement

(C)

Covered agency or entity

For purposes of this paragraph, the term “covered agency” means a public housing agency or such other entity that administers Federal housing assistance for—

(I)

 So in original. Probably should be “(i)”.

the Housing Authority of the county of Los Angeles, California; or

(ii)

any of the States of Alaska, Iowa, and Mississippi.

(4)

Nondiscrimination

(Sept. 1, 1937, ch. 896, title I, § 2, as added Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653; amended Pub. L. 97–35, title III, § 322(c), Aug. 13, 1981, 95 Stat. 402; renumbered title I, Pub. L. 100–358, § 5, June 29, 1988, 102 Stat. 681; Pub. L. 101–625, title V, § 572(2),

cite as: 42 USC 1437