42 U.S.C. § 1437n : US Code - Section 1437N: Eligibility for assisted housing

Search 42 U.S.C. § 1437n : US Code - Section 1437N: Eligibility for assisted housing

(a) Income eligibility for public housing
(1) Income mix within projects
A public housing agency may establish and utilize income-mix
criteria for the selection of residents for dwelling units in
public housing projects, subject to the requirements of this
section.
(2) PHA income mix
(A) (!1) Targeting. - Except as provided in paragraph (4), of
the public housing dwelling units of a public housing agency made
available for occupancy in any fiscal year by eligible families,
not less than 40 percent shall be occupied by families whose
incomes at the time of commencement of occupancy do not exceed 30
percent of the area median income, as determined by the Secretary
with adjustments for smaller and larger families; except that the
Secretary may establish income ceilings higher or lower than 30
percent of the area median income on the basis of the Secretary's
findings that such variations are necessary because of unusually
high or low family incomes.
(3) Prohibition of concentration of low-income families
(A) Prohibition
A public housing agency may not, in complying with the
requirements under paragraph (2), concentrate very low-income
families (or other families with relatively low incomes) in
public housing dwelling units in certain public housing
projects or certain buildings within projects. The Secretary
shall review the income and occupancy characteristics of the
public housing projects and the buildings of such projects of
such agencies to ensure compliance with the provisions of this
paragraph and paragraph (2).
(B) Deconcentration
(i) In general
A public housing agency shall submit with its annual public
housing agency plan under section 1437c-1 of this title an
admissions policy designed to provide for deconcentration of
poverty and income-mixing by bringing higher income tenants
into lower income projects and lower income tenants into
higher income projects. This clause may not be construed to
impose or require any specific income or racial quotas for
any project or projects.
(ii) Incentives
In implementing the policy under clause (i), a public
housing agency may offer incentives for eligible families
having higher incomes to occupy dwelling unit in projects
predominantly occupied by eligible families having lower
incomes, and provide for occupancy of eligible families
having lower incomes in projects predominantly occupied by
eligible families having higher incomes.
(iii) Family choice
Incentives referred to in clause (ii) may be made available
by a public housing agency only in a manner that allows for
the eligible family to have the sole discretion in
determining whether to accept the incentive and an agency may
not take any adverse action toward any eligible family for
choosing not to accept an incentive and occupancy of a
project described in clause (i)(II),(!2) Provided, That the
skipping of a family on a waiting list to reach another
family to implement the policy under clause (i) shall not be
considered an adverse action. An agency implementing an
admissions policy under this subparagraph shall implement the
policy in a manner that does not prevent or interfere with
the use of site-based waiting lists authorized under section
1437d(s) (!3) of this title.
(4) Fungibility with tenant-based assistance
(A) Authority
Except as provided under subparagraph (D), the number of
public housing dwelling units that a public housing agency
shall otherwise make available in accordance with paragraph
(2)(A) to comply with the percentage requirement under such
paragraph for a fiscal year shall be reduced by the credit
number for the agency under subparagraph (B).
(B) Credit for exceeding tenant-based assistance targeting
requirement
Subject to subparagraph (C), the credit number under this
subparagraph for a public housing agency for a fiscal year
shall be the number by which -
(i) the aggregate number of qualified families who, in such
fiscal year, are initially provided tenant-based assistance
under section 1437f of this title by the agency; exceeds
(ii) the number of qualified families that is required for
the agency to comply with the percentage requirement under
subsection (b)(1) of this section for such fiscal year.
(C) Limitations on credit number
The credit number under subparagraph (B) for a public housing
agency for a fiscal year may not in any case exceed the lesser
of -
(i) the number of dwelling units that is equivalent to 10
percent of the aggregate number of families initially
provided tenant-based assistance under section 1437f of this
title by the agency in such fiscal year; or
(ii) the number of public housing dwelling units of the
agency that -
(I) are in projects that are located in census tracts
having a poverty rate of 30 percent or more; and
(II) are made available for occupancy during such fiscal
year and are actually filled only by families whose incomes
at the time of commencement of such occupancy exceed 30
percent of the area median income, as determined by the
Secretary with adjustments for smaller and larger families.
(D) Fungibility floor
Notwithstanding any authority under subparagraph (A), of the
public housing dwelling units of a public housing agency made
available for occupancy in any fiscal year by eligible
families, not less than 30 percent shall be occupied by
families whose incomes at the time of commencement of occupancy
do not exceed 30 percent of the area median income, as
determined by the Secretary with adjustments for smaller and
larger families.
(E) Qualified family
For purposes of this paragraph, the term "qualified family"
means a family having an income described in subsection (b)(1)
of this section.
(b) Income eligibility for tenant-based section 1437f assistance
(1) In general
Of the families initially provided tenant-based assistance
under section 1437f of this title by a public housing agency in
any fiscal year, not less than 75 percent shall be families whose
incomes do not exceed 30 percent of the area median income, as
determined by the Secretary with adjustments for smaller and
larger families; except that the Secretary may establish income
ceilings higher or lower than 30 percent of the area median
income on the basis of the Secretary's findings that such
variations are necessary because of unusually high or low family
incomes.
(2) Jurisdictions served by multiple PHAs
In the case of any 2 or more public housing agencies that
administer tenant-based assistance under section 1437f of this
title with respect solely to identical geographical areas, such
agencies shall be treated as a single public housing agency for
purposes of paragraph (1).
(c) Income eligibility for project-based section 1437f assistance
(1) Pre-1981 act projects
Not more than 25 percent of the dwelling units that were
available for occupancy under section 8 [42 U.S.C. 1437f] housing
assistance payments contracts under this chapter before October
1, 1981, and which will be leased on or after October 1, 1981,
shall be available for leasing by low-income families other than
very low-income families.
(2) Post-1981 act projects
Not more than 15 percent of the dwelling units which become
available for occupancy under section 8 [42 U.S.C. 1437f] housing
assistance payments contracts under this chapter on or after
October 1, 1981, shall be available for leasing by low-income
families other than very low-income families.
(3) Targeting
For each project assisted under a contract for project-based
assistance, of the dwelling units that become available for
occupancy in any fiscal year that are assisted under the
contract, not less than 40 percent shall be available for leasing
only by families whose incomes at the time of commencement of
occupancy do not exceed 30 percent of the area median income, as
determined by the Secretary with adjustments for smaller and
larger families; except that the Secretary may establish income
ceilings higher or lower than 30 percent of the area median
income on the basis of the Secretary's findings that such
variations are necessary because of unusually high or low family
incomes.
(4) Prohibition of skipping
In developing admission procedures implementing paragraphs (1),
(2), and (3), the Secretary shall prohibit project owners from
selecting families for residence in an order different from the
order on the waiting list for the purpose of selecting relatively
higher income families for residence. Nothing in this paragraph
or this subsection may be construed to prevent an owner of
housing assisted under a contract for project-based assistance
from establishing a preference for occupancy in such housing for
families containing a member who is employed.
(5) Exception
The limitations established in paragraphs (1), (2), and (3)
shall not apply to dwelling units made available under project-
based contracts under section 1437f of this title for the
purpose of preventing displacement, or ameliorating the effects
of displacement.
(6) Definition
For purposes of this subsection, the term "project-based
assistance" means assistance under any of the following programs:
(A) The new construction or substantial rehabilitation
program under section 1437f(b)(2) of this title (as in effect
before October 1, 1983).
(B) The property disposition program under section 1437f(b)
of this title (as in effect before the effective date under
section 503(a) of the Quality Housing and Work Responsibility
Act of 1998).
(C) The loan management set-aside program under subsections
(b) and (v) of section 1437f of this title.
(D) The project-based certificate program under section
1437f(d)(2) of this title.
(E) The moderate rehabilitation program under section
1437f(e)(2) of this title (as in effect before October 1,
1991).
(F) The low-income housing preservation program under Low-
Income Housing Preservation and Resident Homeownership Act of
1990 [12 U.S.C. 4101 et seq.] or the provisions of the
Emergency Low Income Housing Preservation Act of 1987 (as in
effect before November 28, 1990).
(G) Section 1437f of this title (as in effect before the
effective date under section 503(a) of the Quality Housing and
Work Responsibility Act of 1998), following conversion from
assistance under section 1701s of title 12 or section 1715z-
1(f)(2) of title 12.
(d) Establishment of different standards
Notwithstanding subsection (a)(2) or (b)(1) of this section, if
approved by the Secretary, a public housing agency may for good
cause establish and implement, in accordance with the public
housing agency plan, an admission standard other than the standard
under such subsection.
(e) Repealed. Pub. L. 105-276, title V, Sec. 576(d)(2), Oct. 21,
1998, 112 Stat. 2640
(f) Ineligibility of individuals convicted of manufacturing or
producing methamphetamine on the premises
Notwithstanding any other provision of law, a public housing
agency shall establish standards for occupancy in public housing
dwelling units and assistance under section 1437f of this title
that -
(1) permanently prohibit occupancy in any public housing
dwelling unit by, and assistance under section 1437f of this
title for, any person who has been convicted of manufacturing or
otherwise producing methamphetamine on the premises in violation
of any Federal or State law; and
(2) immediately and permanently terminate the tenancy in any
public housing unit of, and the assistance under section 1437f of
this title for, any person who is convicted of manufacturing or
otherwise producing methamphetamine on the premises in violation
of any Federal or State law.