42 U.S.C. § 1437e : US Code - Section 1437E: Designated housing for elderly and disabled families

Search 42 U.S.C. § 1437e : US Code - Section 1437E: Designated housing for elderly and disabled families

(a) Authority to provide designated housing
(1) In general
Subject only to provisions of this section and notwithstanding
any other provision of law, a public housing agency for which a
plan under subsection (d) of this section is in effect may
provide public housing projects (or portions of projects)
designated for occupancy by (A) only elderly families, (B) only
disabled families, or (C) elderly and disabled families.
(2) Priority for occupancy
In determining priority for admission to public housing
projects (or portions of projects) that are designated for
occupancy as provided in paragraph (1), the public housing agency
may make units in such projects (or portions) available only to
the types of families for whom the project is designated.
(3) Eligibility of near-elderly families
If a public housing agency determines that there are
insufficient numbers of elderly families to fill all the units in
a project (or portion of a project) designated under paragraph
(1) for occupancy by only elderly families, the agency may
provide that near-elderly families may occupy dwelling units in
the project (or portion).
(b) Standards regarding evictions
Except as provided in section 1437n(e)(1)(B) (!1) of this title,
any tenant who is lawfully residing in a dwelling unit in a public
housing project may not be evicted or otherwise required to vacate
such unit because of the designation of the project (or portion of
a project) pursuant to this section or because of any action taken
by the Secretary or any public housing agency pursuant to this
section.
(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) of this section 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) of this
section 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
The Secretary shall conduct a limited review of each plan under
subsection (d) of this section that is submitted to the Secretary
to ensure that the plan is complete and complies with the
requirements of subsection (d) of this section. The Secretary
shall notify each public housing agency submitting a plan whether
the plan complies with such requirements not later than 60 days
after receiving the plan. If the Secretary does not notify the
public housing agency, as required under this paragraph or
paragraph (2), the plan shall be considered, for purposes of this
section, to comply with the requirements under subsection (d) of
this section and the Secretary shall be considered to have
notified the agency of such compliance upon the expiration of
such 60-day period.
(2) Notice of reasons for determination of noncompliance
If the Secretary determines that a plan, as submitted, does not
comply with the requirements under subsection (d) of this
section, the Secretary shall specify in the notice under
paragraph (1) the reasons for the noncompliance and any
modifications necessary for the plan to meet such requirements.
(3) Standards for determination of noncompliance
The Secretary may determine that a plan does not comply with
the requirements under subsection (d) of this section 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
Notwithstanding any other provision of this section, a public
housing agency shall be considered to have submitted a plan under
this subsection if the agency has submitted to the Secretary an
application and allocation plan under this section (as in effect
before March 28, 1996) that have not been approved or disapproved
before March 28, 1996.
(f) Effectiveness
(1) 5-year effectiveness of original plan
A plan under subsection (d) of this section shall be in effect
for purposes of this section during the 5-year period that begins
upon notification under subsection (e)(1) of this section of the
public housing agency that the plan complies with the
requirements under subsection (d) of this section.
(2) Renewal of plan
Upon the expiration of the 5-year period under paragraph (1) or
any 2-year period under this paragraph, an agency may extend the
effectiveness of the designation and plan for an additional 2-
year period (that begins upon such expiration) by submitting to
the Secretary any information needed to update the plan. The
Secretary may not limit the number of times a public housing
agency extends the effectiveness of a designation and plan under
this paragraph.
(3) Transition provision
Any application and allocation plan approved under this section
(as in effect before March 28, 1996) before March 28, 1996, shall
be considered to be a plan under subsection (d) of this section
that is in effect for purposes of this section for the 5-year
period beginning upon such approval.
(g) Inapplicability of Uniform Relocation Assistance and Real
Property Acquisitions Policy Act of 1970
No tenant of a public housing project shall be considered to be
displaced for purposes of the Uniform Relocation Assistance and
Real Property Acquisitions Policy Act of 1970 [42 U.S.C. 4601 et
seq.] because of the designation of any existing project or
building, or portion thereof, for occupancy as provided under
subsection (a) of this section.