§4103 Definitions

Summary

The law sets simple definitions for words used in this housing chapter so everyone knows how programs work. Adjusted income is a family’s yearly income after subtracting certain amounts: $480 for each household member (not the head or spouse) who is under 18 or who is 18+ and disabled or a full‑time student; $400 for an elderly or disabled family; medical and attendant care costs that are more than 3 percent of the family’s annual income; child care needed for work or school; earned income of family members under 18; extra travel costs for work or school up to $25 per family per week; and any other amounts the tribe’s Indian housing plan allows. Affordable housing follows the rules in subchapter II and includes permanent housing for homeless people with disabilities, transitional housing, and single‑room occupancy. Drug‑related criminal activity is illegal making, selling, distributing, using, or possessing controlled drugs with intent. Elderly family and near‑elderly family describe households where the head, spouse, or sole member is elderly (62 or older) or near‑elderly (55 to under 62); these terms also cover two or more such persons living together or with people the Indian housing plan says are essential for care. Family covers households with or without children, elderly or disabled families, and single persons. Grant beneficiary is the tribe or tribes a grant is for. Housing‑related community development are tribe‑owned projects needed for housing that cut costs, make housing more affordable or practical, or help the chapter’s goals; it does not include Indian Gaming Act activities. Income is all household income as the Secretary decides, except amounts not actually received, amounts excludable under 42 U.S.C. 1382b(a)(7), and VA disability or dependency and indemnity payments under title 38 chapters 11 and 13. Indian means a member of an Indian tribe. Indian area is where a tribe or its housing entity provides help under this chapter. Indian housing plan is the plan under section 4112. Indian tribe includes federally recognized tribes (including certain Alaska Native entities) and State recognized tribes that had an Indian Housing Authority contract and funding within the 5‑year period before the law’s effective date; allocation rules refer to criteria on October 26, 1996. Low‑income family has income at or below 80 percent of area median income unless the Secretary sets a different ceiling. Median income for an Indian area is the higher of the area median (set by the Secretary) or the U.S. median. Nonprofit means an organization whose earnings do not go to private individuals. Person with disabilities follows definitions in federal law or Secretary rules and includes those with long‑term impairments or developmental disabilities that limit independent living and can improve with better housing. Recipient is the tribe or entity authorized to get grants under the chapter. Secretary means the Secretary of Housing and Urban Development unless the chapter says otherwise. State includes U.S. states, DC, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, other U.S. territories or possessions, and Indian tribes. Tribally designated housing entity or housing entity is the tribe‑authorized group that receives grants and provides housing help; it can be an Indian housing authority set up before October 26, 1996, or an entity created by tribal self‑government or state law and may act for one or more tribes.