42 USC 1437e - Designated housing for elderly and disabled families

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

§ 1437e.

Designated housing for elderly and disabled families

(a)

Authority to provide designated housing

(1)

In general

(2)

Priority for occupancy

(3)

Eligibility of near-elderly families

(b)

Standards regarding evictions

(c)

Relocation assistance

A public housing agency that designates any existing project or building, or portion thereof, for occupancy as provided under subsection (a)(1) shall provide, to each person and family who agrees to be relocated in connection with such designation—

(1)

notice of the designation and an explanation of available relocation benefits, as soon as is practicable for the agency and the person or family;

(2)

access to comparable housing (including appropriate services and design features), which may include tenant-based rental assistance under section 1437f of this title, at a rental rate paid by the tenant that is comparable to that applicable to the unit from which the person or family has vacated; and

(3)

payment of actual, reasonable moving expenses.

(d)

Required plan

A plan under this subsection for designating a project (or portion of a project) for occupancy under subsection (a)(1) is a plan, prepared by the public housing agency for the project and submitted to the Secretary, that—

(1)

establishes that the designation of the project is necessary—

(A)

to achieve the housing goals for the jurisdiction under the comprehensive housing affordability strategy under section 12705 of this title; and

(B)

to meet the housing needs of the low-income population of the jurisdiction; and

(2)

includes a description of—

(A)

the project (or portion of a project) to be designated;

(B)

the types of tenants for which the project is to be designated;

(C)

any supportive services to be provided to tenants of the designated project (or portion);

(D)

how the design and related facilities (as such term is defined in section 1701q(d)(8) ¹ of title 12) of the project accommodate the special environmental needs of the intended occupants; and

(E)

any plans to secure additional resources or housing assistance to provide assistance to families that may have been housed if occupancy in the project were not restricted pursuant to this section.

For purposes of this subsection, the term “supportive services” means services designed to meet the special needs of residents.

(e)

Review of plans

(1)

Review and notification

(2)

Notice of reasons for determination of noncompliance

(3)

Standards for determination of noncompliance

The Secretary may determine that a plan does not comply with the requirements under subsection (d) only if—

(A)

the plan is incomplete in significant matters required under such subsection; or

(B)

there is evidence available to the Secretary that challenges, in a substantial manner, any information provided in the plan.

(4)

Treatment of existing plans

(f)

Effectiveness

(1)

5-year effectiveness of original plan

(2)

Renewal of plan

(3)

Transition provision

(g)

Inapplicability of Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970

(Sept. 1, 1937, ch. 896, title I, § 7, as added Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 662; amended Pub. L. 95–557, title IV, § 412, Oct. 31, 1978, 92 Stat. 2110; Pub. L. 100–242, title I, § 112(b)(3), Feb. 5, 1988, 101 Stat. 1824; renumbered title I, Pub. L. 100–358, § 5, June 29, 1988, 102 Stat. 681; amended Pub. L. 102–550, title VI, § 622(a), Oct. 28, 1992, 106 Stat. 3813; Pub. L. 104–99, title IV, § 402(d)(6)(A)(ii), Jan. 26, 1996, 110 Stat. 42; Pub. L. 104–120, § 10(a), Mar. 28, 1996, 110 Stat. 838; Pub. L. 104–330, title V, § 501(b)(4), Oct. 26, 1996, 110 Stat. 4042; Pub. L. 105–276, title V, § 595(d), Oct. 21, 1998, 112 Stat. 2656.)

cite as: 42 USC 1437e