42 USC 1437bbb-5 - Application

U.S Code last checked for updates: Nov 22, 2024

§ 1437bbb–5.

Application

(a)

In general

The Secretary shall provide for jurisdictions to submit applications for approval to participate in the demonstration program under this subchapter. An application—

(1)

shall be submitted only after the jurisdiction provides for citizen participation through a public hearing and, if appropriate, other means;

(2)

shall include a plan for the provision of housing assistance with amounts received pursuant to this subchapter that—

(A)

is developed by the jurisdiction;

(B)

takes into consideration comments from the public hearing, any other public comments on the proposed program, and comments from current and prospective residents who would be affected; and

(C)

identifies each term or condition for which the jurisdiction is requesting waiver under section 1437bbb–3(a)(1) of this title;

(3)

shall describe how the plan for use of amounts will assist in meeting the purposes of, and be used in accordance with, sections 1437bbb and 1437bbb–1(a) of this title, respectively;

(4)

shall propose standards for measuring performance in using assistance provided pursuant to this subchapter based on the performance standards under subsection (b)(4);

(5)

shall propose the length of the period for participation of the jurisdiction is 1

 So in original.

in the demonstration program under this subchapter;

(6)

shall—

(A)

in the case of the application of any jurisdiction within whose boundaries are areas subject to any other unit of general local government, include the signed consent of the appropriate executive official of such unit to the application; and

(B)

in the case of the application of a consortia of units of general local government (as provided under section 1437bbb–8(1)(B) of this title), include the signed consent of the appropriate executive officials of each unit included in the consortia;

(7)

shall include information sufficient, in the determination of the Secretary—

(A)

to demonstrate that the jurisdiction has or will have management and administrative capacity sufficient to carry out the plan under paragraph (2), including a demonstration that the applicant has a history of effectively administering amounts provided under other programs of the Department of Housing and Urban Development, such as the community development block grant program, the HOME investment partnerships program, and the programs for assistance for the homeless under the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11301 et seq.];

(B)

to demonstrate that carrying out the plan will not result in excessive duplication of administrative efforts and costs, particularly with respect to activities performed by public housing agencies operating within the boundaries of the jurisdiction;

(C)

to describe the function and activities to be carried out by such public housing agencies affected by the plan; and

(D)

to demonstrate that the amounts received by the jurisdiction will be maintained separate from other funds available to the jurisdiction and will be used only to carry out the plan;

(8)

shall include information describing how the jurisdiction will make decisions regarding asset management of housing for low-income families under programs for covered housing assistance or assisted with grant amounts under this subchapter;

(9)

shall—

(A)

clearly identify any State or local laws that will affect implementation of the plan under paragraph (2) and any contractual rights and property interests that may be affected by the plan;

(B)

describe how the plan will be carried out with respect to such laws, rights, and interests; and

(C)

contain a legal memorandum sufficient to describe how the plan will comply with such laws and how the plan will be carried out without violating or impairing such rights and interests; and

(10)

shall identify procedures for how the jurisdiction shall return to providing covered assistance for the jurisdiction under the provisions of subchapter I, in the case of determination under subsection (b)(4)(B).

A plan required under paragraph (2) to be included in the application may be contained in a memorandum of agreement or other document executed by a jurisdiction and public housing agency, if such document is submitted together with the application.

(b)

Review, approval, and performance standards

(1)

Review

(2)

Approval

The Secretary may approve jurisdictions for participation in the demonstration program under this subchapter, but only from among applications that the Secretary has determined under paragraph 2

 So in original. Probably should be preceded by “this”.

are approvable under this subchapter and only in accordance with section 1437bbb–1(c) of this title. The Secretary shall base the selection of jurisdictions to approve on the potential success, as evidenced by the application, in—

(A)

achieving the goals set forth in the performance standards under paragraph (4)(A); and

(B)

increasing housing choices for low-income families.

(3)

Agreement

(4)

Performance standards

(A)

Establishment

The Secretary and each participating jurisdiction may collectively establish standards for evaluating the performance of the participating jurisdiction in meeting the purposes under section 1437bbb of this title, which may include standards for—

(i)

moving dependent low-income families to economic self-sufficiency;

(ii)

reducing the per-family cost of providing housing assistance;

(iii)

expanding the stock of affordable housing and housing choices for low-income families;

(iv)

improving program management;

(v)

increasing the number of homeownership opportunities for low-income families;

(vi)

reducing homelessness through providing permanent housing resources;

(vii)

reducing geographic concentration of assisted families; and

(viii)

any other performance goals that the Secretary and the participating jurisdiction may establish.

(B)

Failure to comply

(5)

Troubled agencies

(c)

Status of PHAs

(d)

PHA plans

(Sept. 1, 1937, ch. 896, title IV, § 406, as added Pub. L. 105–276, title V, § 561, Oct. 21, 1998, 112 Stat. 2620; amended Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675.)

cite as: 42 USC 1437bbb-5