§12910 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary of Housing and Urban Development can give grants to States and metro areas to build and run multiunit community homes and to pay for services for eligible people. These homes are meant to be a cheaper choice than institutions, to offer permanent or short-term housing with support for people who cannot live alone, to help prevent homelessness, and to help residents join community life. Residents must pay rent unless other public help covers it. Low‑income residents pay the same rent as under section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)); other residents pay rent set by a formula the Secretary decides based on income and resources. Programs can charge fees for services based on income, but services cannot be denied if someone cannot pay. Section 8 tenant‑based assistance (42 U.S.C. 1437f) may be used with these homes. Grant money may pay for building, buying, fixing up, converting, or upgrading housing; running costs; technical help and planning (including outreach and AIDS education); resident services and staff training; and related administrative costs (subject to section 12905(g) of this title). Before spending grant money on construction or physical changes (other than planning), the grantee must certify it has written agreements with qualified service providers, enough funding for services, will follow local housing codes and licensing, and will find and refer higher‑level care for any resident with AIDS or related diseases who needs it. Service funds may be used only with qualified providers.

Title 42, §12910

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary of Housing and Urban Development may make grants to States and metropolitan areas to develop and operate community residences and provide services for eligible persons.

(b)(1)(A)A community residence under this section shall be a multiunit residence designed for eligible persons for the following purposes:

(i)To provide a lower cost residential alternative to institutional care and to prevent or delay the need for institutional care.

(ii)To provide a permanent or transitional residential setting with appropriate services that enhances the quality of life for individuals who are unable to live independently.

(iii)To prevent homelessness among eligible persons by increasing available suitable housing resources.

(iv)To integrate eligible persons into local communities and provide services to maintain the abilities of such eligible persons to participate as fully as possible in community life.

(B)Except to the extent that the costs of providing residence are reimbursed or provided by any other assistance from Federal or non-Federal public sources, each resident in a community residence shall pay as rent for a dwelling unit an amount equal to the following:

(i)For low-income individuals, the amount of rent paid under section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)) by a low-income family (as the term is defined in section 3(b)(2) of such Act (42 U.S.C. 1437a(b)(2))) for a dwelling unit assisted under such Act [42 U.S.C. 1437 et seq.].

(ii)For any resident that is not a low-income resident, an amount based on a formula, which shall be determined by the Secretary, under which rent is determined by the income and resources of the resident.

(C)Fees may be charged for any services provided under subsection (c)(2) to residents of a community residence, except that any fees charged shall be based on the income and resources of the resident and the provision of services to any resident of a community residence may not be withheld because of an inability of the resident to pay such fee.

(D)Assistance made available under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) may be used in conjunction with a community residence under this subsection for tenant-based assistance.

(2)Services provided with a grant under this section shall consist of services appropriate in assisting eligible persons to enhance their quality of life, enable such individuals to more fully participate in community life, and delay or prevent the placement of such individuals in hospitals or other institutions.

(c)Any amounts received from a grant under this section may be used only as follows:

(1)For providing assistance in connection with community residences under subsection (b)(1) for the following activities:

(A)Construction, acquisition, rehabilitation, conversion, retrofitting, and other physical improvements necessary to make a structure suitable for use as a community residence.

(B)Operating costs for a community residence.

(C)Technical assistance in establishing and operating a community residence, which may include planning and other predevelopment or preconstruction expenses, and expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases provided for individuals residing in proximity of eligible persons assisted under this chapter.

(D)Services appropriate for individuals residing in a community residence, which may include staff training and recruitment.

(2)For providing services under subsection (b)(2) to any individuals assisted under this chapter.

(3)For administrative expenses related to the planning and carrying out activities under this section (subject to the provisions of section 12905(g) of this title).

(d)(1)Any jurisdiction that receives a grant under this section may not use any amounts received under the grant for the purposes under subsection (c)(1), except for planning and other expenses preliminary to construction or other physical improvement under subsection (c)(1)(A), unless the jurisdiction certifies to the Secretary, as the Secretary shall require, the following:

(A)That the jurisdiction has entered into a written agreement with service providers qualified to deliver any services included in the proposal under subsection (c) to provide such services to eligible persons assisted by the community residence.

(B)That the jurisdiction will have sufficient funding for such services and the service providers are qualified to assist eligible persons.

(C)That any construction or physical improvements carried out with amounts received from the grant will comply with any applicable State and local housing codes and licensing requirements in the jurisdiction in which the building or structure is located.

(D)That, for any individual with acquired immunodeficiency syndrome or related diseases who resides in a community residence assisted under the grant and who requires more intensive care than can be provided by the community residence, the jurisdiction will locate for and refer the individual to a service provider who can appropriately care for the individual.

(2)Any jurisdiction that receives a grant under this section may use any amounts received under the grant for the purposes under subsection (c)(2) only for the provision of services by service providers qualified to provide such services to eligible persons.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The United States Housing Act of 1937, referred to in subsec. (b)(1)(B)(i), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1437 of this title and Tables.

Amendments

1998—Subsec. (b)(1)(D). Pub. L. 105–276 substituted “assistance” for “certificates or vouchers”. 1992—Subsec. (a). Pub. L. 102–550, § 606(j)(8), substituted “eligible persons” for “persons with acquired immunodeficiency syndrome or related diseases”. Subsec. (b)(1)(A). Pub. L. 102–550, § 606(j)(11)(E)(i), substituted “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” in introductory provisions and cl. (iii). Subsec. (b)(1)(A)(iv). Pub. L. 102–550, § 606(j)(9), (11)(E)(i), substituted “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” and “such eligible persons” for “such individuals”. Subsec. (b)(2). Pub. L. 102–550, § 606(j)(11)(E)(i), which directed the substitution of “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” wherever appearing in subsec. (b), was executed by making the substitution for “individuals with acquired immunodeficiency syndrome and related diseases” in par. (2) to reflect the probable intent of Congress. Subsec. (c)(1)(C). Pub. L. 102–550, § 606(i)(1), inserted before period at end “, and expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases provided for individuals residing in proximity of eligible persons assisted under this chapter”. Subsec. (c)(3). Pub. L. 102–550, § 606(i)(2), added par. (3) and struck out former par. (3) which read as follows: “For administrative expenses related to the planning and execution of activities under this section, except that a jurisdiction that receives a grant under this section may expend not more than 10 percent of the amount received under the grant for such administrative expenses. Administrative expenses under this paragraph may include expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases, for staff carrying out activities assisted with a grant under this section and for individuals who reside in proximity of individuals assisted under this chapter.” Subsec. (d). Pub. L. 102–550, § 606(j)(11)(E)(ii), which directed the substitution of “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” wherever appearing in subsec. (d), was executed by making the substitution for “individuals with acquired immunodeficiency syndrome and related diseases” in pars. (1)(B) and (2) to reflect the probable intent of Congress. Subsec. (d)(1)(A). Pub. L. 102–550, § 606(j)(10)(A), substituted “eligible persons” for “individuals”. Subsec. (d)(1)(D). Pub. L. 102–550, § 606(j)(10)(B), inserted “with acquired immunodeficiency syndrome or related diseases” after “any individual”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with

Savings Provision

, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title.

§12910 Grants for community residences and services