Notes on 42 U.S.C. § 1437 : US Code - Notes

Search Notes on 42 U.S.C. § 1437 : US Code - Notes

(Sept. 1, 1937, ch. 896, title I, Sec. 2, as added Pub. L. 93-383,
title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653; amended Pub. L.
97-35, title III, Sec. 322(c), Aug. 13, 1981, 95 Stat. 402;
renumbered title I, Pub. L. 100-358, Sec. 5, June 29, 1988, 102
Stat. 681; Pub. L. 101-625, title V, Sec. 572(2), Nov. 28, 1990,
104 Stat. 4236; Pub. L. 105-276, title V, Sec. 505, Oct. 21, 1998,
112 Stat. 2522.)
PRIOR PROVISIONS
A prior section 2 of act Sept. 1, 1937, ch. 896, 50 Stat. 888,
related to definitions and was classified to section 1402 of this
title, prior to the general revision of this chapter by Pub. L. 93-
383.
Prior similar provisions were contained in section 1 of act Sept.
1, 1937, ch. 896, 50 Stat. 888, which was classified to section
1401 of this title prior to the general revision of this chapter by
Pub. L. 93-383.
AMENDMENTS
1998 - Pub. L. 105-276 amended section catchline and text
generally. Prior to amendment, text read as follows: "It is the
policy of the United States to promote the general welfare of the
Nation by employing its funds and credit, as provided in this
chapter, to assist the several States and their political
subdivisions to remedy the unsafe and unsanitary housing conditions
and the acute shortage of decent, safe, and sanitary dwellings for
families of lower income and, consistent with the objectives of
this chapter, to vest in local public housing agencies the maximum
amount of responsibility in the administration of their housing
programs. No person should be barred from serving on the board of
directors or similar governing body of a local public housing
agency because of his tenancy in a low-income housing project."
1990 - Pub. L. 101-625 substituted "low-income housing" for
"lower income housing".
1981 - Pub. L. 97-35 substituted reference to lower income for
reference to low income in two places.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-276, title V, Sec. 503, Oct. 21, 1998, 112 Stat.
2521, provided that:
"(a) In General. - The amendments under this title [see Tables
for classification] are made on the date of the enactment of this
Act [Oct. 21, 1998], but this title shall take effect, and the
amendments made by this title shall apply beginning upon, October
1, 1999, except -
"(1) as otherwise specifically provided in this title; or
"(2) as otherwise specifically provided in any amendment made
by this title.
The Secretary may, by notice, implement any provision of this title
or any amendment made by this title before such date, except to the
extent that such provision or amendment specifically provides
otherwise.
"(b) Savings Provision. - Notwithstanding any amendment under
this title that is made (in accordance with subsection (a)) on the
date of the enactment of this Act [Oct. 21, 1998] but applies
beginning on October 1, 1999, the provisions of law amended by such
amendment, as such provisions were in effect immediately before the
making of such amendment, shall continue to apply during the period
beginning on the date of the enactment of this Act and ending upon
October 1, 1999, unless otherwise specifically provided by this
title.
"(c) Technical Recommendations. - Not later than 9 months after
the date of the enactment of this Act [Oct. 21, 1998], the
Secretary shall submit to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Banking and
Financial Services [now Committee on Financial Services] of the
House of Representatives, recommended technical and conforming
legislative changes necessary to carry out this title and the
amendments made by this title.
"(d) List of Obsolete Documents. - Not later than October 1,
1999, the Secretary of Housing and Urban Development shall cause to
be published in the Federal Register a list of all rules,
regulations, and orders (including all handbooks, notices, and
related requirements) pertaining to public housing or section 8 [42
U.S.C. 1437f] tenant-based programs issued or promulgated under the
United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] before
the date of the enactment of this Act [Oct. 21, 1998] that are or
will be obsolete because of the enactment of this Act or are
otherwise obsolete.
"(e) Protection of Certain Regulations. - No provision of this
title may be construed to repeal the regulations of the Secretary
regarding tenant participation and tenant opportunities in public
housing (24 C.F.R. 964).
"(g)[(f)] Effective Date. - This section shall take effect on the
date of the enactment of this Act [Oct. 21, 1998]."
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
371 of Pub. L. 97-35, set out as an Effective Date note under
section 3701 of Title 12, Banks and Banking.
EFFECTIVE DATE
Section 201(b) of Pub. L. 93-383 provided that: "The provisions
of subsection (a) of this section [enacting sections 1437 to 1437j
of this title] shall be effective on such date or dates as the
Secretary of Housing and Urban Development shall prescribe, but not
later than eighteen months after the date of the enactment of this
Act [Aug. 22, 1974]; except that (1) all of the provisions of
section 3(1) of the United States Housing Act of 1937, as amended
by subsection (a) of this section [section 1437a(1) of this title],
shall become effective on the same date, (2) all of the provisions
of sections 5 and 9(c) of such Act as so amended [sections 1437c
and 1437g(c) of this title] shall become effective on the same
date, and (3) section 8 of such Act [section 1437f of this title]
as so amended shall be effective not later than January 1, 1975."
Section 3(1) of the United States Housing Act of 1937, as
amended, effective Sept. 26, 1975, see Effective Date note set out
under section 1437a of this title.
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108-186, title IV, Sec. 401, Dec. 16, 2003, 117 Stat.
2693, provided that: "This title [amending section 1437v of this
title and enacting provisions set out as a note under section 1437v
of this title] may be cited as the 'HOPE VI Program Reauthorization
and Small Community Mainstreet Rejuvenation and Housing Act of
2003'."
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-116, title VI, Sec. 601(a), Jan. 10, 2002, 115 Stat.
2220, provided that: "This title [amending sections 1437f and 5305
of this title and section 1715n of Title 12, Banks and Banking,
enacting provisions set out as notes under sections 1437f and 11301
of this title and sections 1701q and 1715n of Title 12, and
amending provisions set out as notes under sections 1437f and 11301
of this title and section 1701q of Title 12] may be cited as the
'Mark-to-Market Extension Act of 2001'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-276, title V, Sec. 501(a), Oct. 21, 1998, 112 Stat.
2518, provided that: "This title [see Tables for classification]
may be cited as the 'Quality Housing and Work Responsibility Act of
1998'."
SHORT TITLE OF 1988 AMENDMENT
Section 1 of Pub. L. 100-358 provided that: "This Act [enacting
sections 1437aa to 1437ee of this title, amending sections 1437a
and 1437c of this title, and enacting provisions set out as a note
under section 1437a of this title] may be cited as the 'Indian
Housing Act of 1988'."
SHORT TITLE
Section 1 of title I of act Sept. 1, 1937, ch. 896, as added by
section 201(a) of Pub. L. 93-383; renumbered title I, June 29,
1988, Pub. L. 100-358, Sec. 5, 102 Stat. 681, provided that: "This
Act [enacting this chapter] may be cited as the 'United States
Housing Act of 1937'."
APPLICABILITY OF 1996 AMENDMENTS; INDIAN HOUSING
Pub. L. 104-204, title II, Sec. 201(d), Sept. 26, 1996, 110 Stat.
2893, provided that: "In accordance with section 201(b)(2) of the
United States Housing Act of 1937 [former 42 U.S.C. 1437aa(b)(2)],
the amendments made by subsections (a), (b), and (c) [amending
provisions set out as notes under sections 1437a, 1437c, and 1437l
of this title] shall apply to public housing developed or operated
pursuant to a contract between the Secretary of Housing and Urban
Development and an Indian housing authority."
Pub. L. 104-134, title I, Sec. 101(e) [title II, Sec. 201(a)(3)],
Apr. 26, 1996, 110 Stat. 1321-257, 1321-278; renumbered title I,
Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided
that: "In accordance with section 201(b)(2) of the United States
Housing Act of 1937 [former 42 U.S.C. 1437aa(b)(2)], the amendment
made by this subsection [amending section 1437l of this title]
shall apply to public housing developed or operated pursuant to a
contract between the Secretary of Housing and Urban Development and
an Indian housing authority."
Pub. L. 104-134, title I, Sec. 101(e) [title II, Sec. 201(b)(3)],
Apr. 26, 1996, 110 Stat. 1321-257, 1321-278; renumbered title I,
Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided
that: "In accordance with section 201(b)(2) of the United States
Housing Act of 1937 [former 42 U.S.C. 1437aa(b)(2)], the amendments
made by this subsection [amending section 1437p of this title and
provisions set out as a note under section 1437c of this title] and
by sections 1002(a), (b), and (c) of Public Law 104-19 [amending
sections 1437c, 1437p, and 1437aaa-3 of this title] shall apply to
public housing developed or operated pursuant to a contract between
the Secretary of Housing and Urban Development and an Indian
housing authority."
Pub. L. 104-99, title IV, Sec. 402(e), Jan. 26, 1996, 110 Stat.
43, which provided that amendments made by section 402(a) to (d)
and (f) of Pub. L. 104-99 were also to apply to public housing
developed or operated pursuant to contract between Secretary of
Housing and Urban Development and an Indian housing authority, was
repealed by Pub. L. 105-276, title V, Sec. 595(e)(16), Oct. 21,
1998, 112 Stat. 2659.
APPLICABILITY OF 1990 AMENDMENTS; INDIAN HOUSING
Section 103(b) of Pub. L. 102-550 provided that:
"(1) In general. - In accordance with section 201(b)(2) of the
United States Housing Act of 1937 ([former] 42 U.S.C.
1437aa(b)(2)), the provisions of sections 572, 573, and 574 of the
Cranston-Gonzalez National Affordable Housing Act [Pub. L. 101-625,
amending this section and sections 1437a, 1437b to 1437d, 1437f,
1437g, 1437i, 1437j, 1437l, 1437n, 1437p, 1437r, 1437s, and 1437aa
to 1437dd of this title, repealing section 1437o of this title, and
enacting provisions set out as notes under section 1437a of this
title] shall apply to public housing developed or operated pursuant
to a contract between the Secretary of Housing and Urban
Development and an Indian Housing Authority.
"(2) Effective date. - Paragraph (1) shall take effect as if such
provision were enacted upon the date of the enactment of the
Cranston-Gonzalez National Affordable Housing Act [Nov. 28, 1990]."
Section 419 of title IV of Pub. L. 101-625 provided that: "In
accordance with section 201(b)(2) of the United States Housing Act
of 1937 [former 42 U.S.C. 1437aa(b)(2)], the amendments made by
this subtitle [subtitle A (Secs. 411-419) of title IV of Pub. L.
101-625, enacting subchapter II-A of this chapter and amending
sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this
title] shall also apply to public housing developed or operated
pursuant to a contract between the Secretary of Housing and Urban
Development and an Indian housing authority, except that nothing in
this title [see Short Title note set out under section 1437aaa of
this title] affects the program under section 202 of such Act
[former 42 U.S.C. 1437bb]."
Section 527 of Pub. L. 101-625 provided that: "In accordance with
section 201(b)(2) of the United States Housing Act of 1937
([former] 42 U.S.C. 1437aa(b)(2)), the provisions of this subtitle
[subtitle A (Secs. 501-527) of title V of Pub. L. 101-625, see
Tables for classification] that modify the public housing program
under title I of the United States Housing Act of 1937 [42 U.S.C.
1437 et seq.] shall also apply to public housing developed or
operated pursuant to a contract between the Secretary of Housing
and Urban Development and an Indian housing authority, except that
sections 502 and 510 [amending sections 1437d and 1437l of this
title and enacting provisions set out as notes under section 1437d
of this title] shall not apply."
APPLICABILITY OF 1989 AMENDMENTS; INDIAN HOUSING
Pub. L. 101-235, title I, Sec. 101(d), Dec. 15, 1989, 103 Stat.
1990, provided that: "In accordance with section 201(b)(2) of the
United States Housing Act of 1937 [former 42 U.S.C. 1437aa(b)(2)],
the amendments made by subsections (a), (b), and (c) of this
section [amending section 1439 of this title] shall also apply to
public housing developed or operated pursuant to a contract between
the Secretary of Housing and Urban Development and an Indian
housing authority."
Pub. L. 101-235, title I, Sec. 104(c), Dec. 15, 1989, 103 Stat.
1998, provided that: "In accordance with section 201(b)(2) of the
United States Housing Act of 1937 [former 42 U.S.C. 1437aa(b)(2)],
the amendment made by subsection (a) [amending section 1439 of this
title] and the provisions of subsection (b) of this section [set
out as an Effective Date of 1989 Amendment note under section 1439
of this title] shall also apply to public housing developed or
operated pursuant to a contract between the Secretary of Housing
and Urban Development and an Indian housing authority."
REPORTS ON NUMBER AND COST OF FEDERALLY ASSISTED UNITS
Pub. L. 109-115, div. A, title III, Sec. 314, Nov. 30, 2005, 119
Stat. 2463, provided that: "The Secretary of Housing and Urban
Development shall submit an annual report no later than August 30,
2006 and annually thereafter to the House and Senate Committees on
Appropriations regarding the number of Federally assisted units
under lease and the per unit cost of these units to the Department
of Housing and Urban Development."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 108-447, div. I, title II, Sec. 214, Dec. 8, 2004, 118
Stat. 3318.
Pub. L. 108-199, div. G, title II, Sec. 213, Jan. 23, 2004, 118
Stat. 393.
Pub. L. 108-7, div. K, title II, Sec. 217, Feb. 20, 2003, 117
Stat. 504.
FUNDING OF CERTAIN PUBLIC HOUSING
Pub. L. 105-276, title II, Sec. 226, Oct. 21, 1998, 112 Stat.
2490, which provided that no funds in this Act or any other Act may
hereafter be used by the Secretary of Housing and Urban Development
to determine allocations or provide assistance for operating
subsidies or modernization for certain State and city funded and
locally developed public housing units unless such unit was so
assisted before Oct. 1, 1998, was repealed by Pub. L. 108-7, div.
K, title II, Sec. 212(b), Feb. 20, 2003, 117 Stat. 504.
[Pub. L. 108-7, div. K, title II, Sec. 212(d), Feb. 20, 2003, 117
Stat. 504, provided that: "The amendment made by subsection (b)
[repealing section 226 of Pub. L. 105-276, set out above] shall be
deemed to have taken effect on October 21, 1998."]
CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSES
Pub. L. 105-276, title V, Sec. 502, Oct. 21, 1998, 112 Stat.
2520, provided that:
"(a) Findings. - Congress finds that -
"(1) there exists throughout the Nation a need for decent,
safe, and affordable housing;
"(2) the inventory of public housing units owned, assisted, or
operated by public housing agencies, an asset in which the
Federal Government has invested over $90,000,000,000, has
traditionally provided rental housing that is affordable to low-
income persons;
"(3) despite serving this critical function, the public housing
system is plagued by a series of problems, including the
concentration of very poor people in very poor neighborhoods and
disincentives for economic self-sufficiency;
"(4) the Federal method of overseeing every aspect of public
housing by detailed and complex statutes and regulations has
aggravated the problem and has placed excessive administrative
burdens on public housing agencies; and
"(5) the interests of low-income persons, and the public
interest, will best be served by a reformed public housing
program that -
"(A) consolidates many public housing programs into programs
for the operation and capital needs of public housing;
"(B) streamlines program requirements;
"(C) vests in public housing agencies that perform well the
maximum feasible authority, discretion, and control with
appropriate accountability to public housing residents,
localities, and the general public; and
"(D) rewards employment and economic self-sufficiency of
public housing residents.
"(b) Purposes. - The purpose of this title [see Tables for
classification] is to promote homes that are affordable to low-
income families in safe and healthy environments, and thereby
contribute to the supply of affordable housing, by -
"(1) deregulating and decontrolling public housing agencies,
thereby enabling them to perform as property and asset managers;
"(2) providing for more flexible use of Federal assistance to
public housing agencies, allowing the authorities to leverage and
combine assistance amounts with amounts obtained from other
sources;
"(3) facilitating mixed income communities and decreasing
concentrations of poverty in public housing;
"(4) increasing accountability and rewarding effective
management of public housing agencies;
"(5) creating incentives and economic opportunities for
residents of dwelling units assisted by public housing agencies
to work, become self-sufficient, and transition out of public
housing and federally assisted dwelling units;
"(6) consolidating the voucher and certificate programs for
rental assistance under section 8 of the United States Housing
Act of 1937 [42 U.S.C. 1437f] into a single market-driven program
that will assist in making tenant-based rental assistance under
such section more successful at helping low-income families
obtain affordable housing and will increase housing choice for
low-income families; and
"(7) remedying the problems of troubled public housing agencies
and replacing or revitalizing severely distressed public housing
projects."
MENTAL HEALTH ACTION PLAN
Pub. L. 105-276, title V, Sec. 517, Oct. 21, 1998, 112 Stat.
2550, provided that: "The Secretary of Housing and Urban
Development, in consultation with the Secretary of Health and Human
Services, the Secretary of Labor, and appropriate State and local
officials and representatives, shall -
"(1) develop an action plan and list of recommendations for the
improvement of means of providing severe mental illness treatment
to families and individuals receiving housing assistance under
the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.],
including public housing residents, residents of multifamily
housing assisted with project-based assistance under section 8 of
such Act [42 U.S.C. 1437f], and recipients of tenant-based
assistance under such section; and
"(2) develop and disseminate a list of current practices among
public housing agencies and owners of assisted housing that serve
to benefit persons in need of mental health care."
ANNUAL REPORT
Pub. L. 105-276, title V, Sec. 581, Oct. 21, 1998, 112 Stat.
2643, provided that:
"(a) In General. - Not later than 1 year after the date of the
enactment of this Act [Oct. 21, 1998], and annually thereafter, the
Secretary shall submit a report to the Congress on -
"(1) the impact of the amendments made by this Act [Pub. L. 105-
276, see Tables for classification] on -
"(A) the demographics of public housing residents and
families receiving tenant-based assistance under the United
States Housing Act of 1937 [42 U.S.C. 1437 et seq.]; and
"(B) the economic viability of public housing agencies; and
"(2) the effectiveness of the rent policies established by this
Act and the amendments made by this Act on the employment status
and earned income of public housing residents.
"(b) Effective Date. - This section shall take effect on the date
of the enactment of this Act [Oct. 21, 1998]."
USE OF AMERICAN PRODUCTS
Pub. L. 105-276, title V, Sec. 584, Oct. 21, 1998, 112 Stat.
2645, provided that:
"(a) Purchase of American-Made Equipment and Products. - It is
the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in
this Act [Pub. L. 105-276, see Tables for classification] should be
American made.
"(b) Notice Requirement. - In providing financial assistance to,
or entering into any contract with, any entity using funds made
available in this Act, the head of each Federal agency, to the
greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
"(c) Effective Date. - This section shall take effect on the date
of the enactment of this Act [Oct. 21, 1998]."
GAO STUDY ON HOUSING ASSISTANCE PROGRAM COSTS
Pub. L. 105-276, title V, Sec. 585, Oct. 21, 1998, 112 Stat.
2645, provided that:
"(a) Study. - The Comptroller General of the United States shall
conduct a study that provides an objective and independent
accounting and analysis of the full cost to the Federal Government,
public housing agencies, State and local governments, and other
entities, per assisted household, of the Federal assisted housing
programs, taking into account the qualitative differences among
Federal assisted housing programs in accordance with applicable
standards of the Department of Housing and Urban Development.
"(b) Contents. - The study under this section shall -
"(1) analyze the full cost to the Federal Government, public
housing agencies, State and local governments, and other parties,
per assisted household, of the Federal assisted housing programs,
in accordance with generally accepted accounting principles, and
shall conduct the analysis on a nationwide and regional basis and
in a manner such that accurate per unit cost comparisons may be
made between Federal assisted housing programs, including grants,
direct subsidies, tax concessions, Federal mortgage insurance
liability, periodic renovation and rehabilitation, and
modernization costs, demolition costs, and other ancillary costs
such as security; and
"(2) measure and evaluate qualitative differences among Federal
assisted housing programs in accordance with applicable standards
of the Department of Housing and Urban Development.
"(c) Prohibition of Recommendations. - In conducting the study
under this section and reporting under subsection (e), the
Comptroller General may not make any recommendations regarding
Federal housing policy.
"(d) Federal Assisted Housing Programs. - For purposes of this
section, the term 'Federal assisted housing programs' means -
"(1) the public housing program under the United States Housing
Act of 1937 [42 U.S.C. 1437 et seq.], except that the study under
this section shall differentiate between and compare the
development and construction of new public housing and the
assistance of existing public housing structures;
"(2) the certificate program for rental assistance under
section 8(b)(1) of the United States Housing Act of 1937 [42
U.S.C. 1437f(b)(1)];
"(3) the voucher program for rental assistance under section
8(o) of the United States Housing Act of 1937 [42 U.S.C.
1437f(o)];
"(4) the programs for project-based assistance under section 8
of the United States Housing Act of 1937 [42 U.S.C. 1437f];
"(5) the rental assistance payments program under section
521(a)(2)(A) of the Housing Act of 1949 [42 U.S.C.
1490a(a)(2)(A)];
"(6) the program for housing for the elderly under section 202
of the Housing Act of 1959 [12 U.S.C. 1701q];
"(7) the program for housing for persons with disabilities
under section 811 of the Cranston-Gonzalez National Affordable
Housing Act [42 U.S.C. 8013];
"(8) the program for financing housing by a loan or mortgage
insured under section 221(d)(3) of the National Housing Act [12
U.S.C. 1715l(d)(3)] that bears interest at a rate determined
under the proviso of section 221(d)(5) of such Act [12 U.S.C.
1715l(d)(5)];
"(9) the program under section 236 of the National Housing Act
[12 U.S.C. 1715z-1];
"(10) the program for construction or substantial
rehabilitation under section 8(b)(2) of the United States Housing
Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October
1, 1983; and
"(11) any other program for housing assistance administered by
the Secretary of Housing and Urban Development or the Secretary
of Agriculture, under which occupancy in the housing assisted or
housing assistance provided is based on income, as the
Comptroller General may determine.
"(e) Report. - Not later than 12 months after the date of the
enactment of this Act [Oct. 21, 1998], the Comptroller General
shall submit to the Congress a final report which shall contain the
results of the study under this section, including the analysis and
estimates required under subsection (b).
"(f) Effective Date. - This section shall take effect on the date
of the enactment of this Act [Oct. 21, 1998]."
LIMITATION ON WITHHOLDING OR CONDITIONING OF ASSISTANCE
Assistance provided for in Housing and Community Development Act
of 1974 [42 U.S.C. 5301 et seq.], National Housing Act [12 U.S.C.
1701 et seq.], United States Housing Act of 1937 [42 U.S.C. 1437 et
seq.], Housing Act of 1949 [see Short Title note set out under
section 1441 of this title], Demonstration Cities and Metropolitan
Development Act of 1966 [see Short Title note set out under section
3331 of this title], and Housing and Urban Development Acts of
1965, 1968, 1969, and 1970 not to be withheld or made subject to
conditions by reason of tax-exempt status of obligations issued or
to be issued for financing of assistance, except as otherwise
provided by law, see section 817 of Pub. L. 93-383, set out as a
note under section 5301 of this title.