1 So in original.
citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for assistance.
2 So in original. Probably should be followed by “; and”.
Editorial Notes
References in Text

The United States Housing Act of 1937, referred to in subsec. (span), is act Sept. 1, 1937, ch. 896, as revised generally by Puspan. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is classified generally to this chapter (§ 1437 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.

The Cranston-Gonzalez National Affordable Housing Act, referred to in subsecs. (span)(1) and (h)(1), is Puspan. L. 101–625, Nov. 28, 1990, 104 Stat. 4079, as amended. Subtitle A of title III of the Act, known as the National Homeownership Trust Act, is classified generally to subchapter III (§ 12851 et seq.) of chapter 130 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables.

Section 101 of the Housing and Urban Development Act of 1965, referred to in subsec. (span), is section 101 of Puspan. L. 89–117, title I, Aug. 10, 1965, 79 Stat. 451, which enacted section 1701s of Title 12, Banks and Banking, and amended sections 1451 and 1465 of this title.

The Immigration Reform and Control Act of 1986, referred to in subsecs. (e)(2), (3) and (g), is Puspan. L. 99–603, Nov. 6, 1986, 100 Stat. 3359. For complete classification of this Act to the Code, see Short Title of 1986 Amendments note set out under section 1101 of Title 8, Aliens and Nationality, and Tables.

Codification

Section was enacted as part of the Housing and Community Development Act of 1980, and not as part of the United States Housing Act of 1937 which comprises this chapter.

Amendments

2016—Subsec. (a)(7). Puspan. L. 114–201 substituted “any citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for assistance.” for “such alien shall not be entitled to a preference in receiving assistance under this Act over any United States citizen or national resident therein who is otherwise eligible for such assistance.”

2000—Subsec. (a)(7). Puspan. L. 106–504 added par. (7).

1998—Subsec. (span)(2). Puspan. L. 105–276, § 592(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development”.

Subsec. (c)(1)(B). Puspan. L. 105–276, § 592(a)(2), aligned cls. (ii) and (iii) with cl. (i).

Subsec. (d)(1)(A). Puspan. L. 105–276, § 592(a)(3)(A), in last sentence, substituted “applicable Secretary, or” for “Secretary of Housing and Urban Development, or” and “applicable Secretary considers” for “Secretary considers”.

Subsec. (d)(2). Puspan. L. 105–276, § 592(a)(3)(B), aligned concluding provisions with par. (2) and inserted “applicable” before “Secretary” in concluding provisions.

Subsec. (d)(4)(B)(ii). Puspan. L. 105–276, § 592(a)(3)(C), inserted “applicable” before “Secretary” in introductory provisions.

Subsec. (d)(5). Puspan. L. 105–276, § 592(a)(3)(D), substituted “the applicable Secretary shall” for “the Secretary shall” in introductory provisions.

Subsec. (d)(6). Puspan. L. 105–276, § 592(a)(3)(E), inserted “applicable” before “Secretary”.

Subsec. (h). Puspan. L. 105–276, § 592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i).

Subsec. (h)(1). Puspan. L. 105–276, § 592(a)(4)(A), substituted “No” for “Except in the case of an election under paragraph (2)(A), no” and “subsection (d)” for “this section” and inserted “applicable” before “Secretary”.

Subsec. (h)(2)(A). Puspan. L. 105–276, § 592(a)(4)(B)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: “may elect not to comply with this section; and”.

Subsec. (h)(2)(B). Puspan. L. 105–276, § 592(a)(4)(B)(ii), substituted “in carrying out subsection (d)” for “in complying with this section” in introductory provisions.

Subsec. (i). Puspan. L. 105–276, § 592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i).

1996—Subsec. (a). Puspan. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development” in introductory provisions.

Subsec. (a)(5). Puspan. L. 104–208, § 308(g)(7)(D)(ii), substituted “section 1231(span)(3)” for “section 1253(h)”.

Subsec. (span). Puspan. L. 104–208, § 572, designated existing provisions as par. (1) and added par. (2).

Puspan. L. 104–193, § 441(a)(2), inserted “the direct loan program under section 1472 of this title or section 1472(c)(5)(D), 1474, 1490a(a)(2)(A), or 1490r of this title, subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act,” after “1715z–1 of title 12,”.

Subsec. (c). Puspan. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development” in two places.

Subsec. (c)(1). Puspan. L. 104–208, § 573(1), substituted “shall” for “may, in its discretion,” in introductory provisions.

Subsec. (c)(1)(A). Puspan. L. 104–208, § 573(2), inserted at end “Financial assistance continued under this subparagraph for a family may be provided only on a prorated basis, under which the amount of financial assistance is based on the percentage of the total number of members of the family that are eligible for that assistance under the program of financial assistance and under this section.”

Subsec. (c)(1)(B). Puspan. L. 104–208, § 573(3), designated first sentence of existing provisions as cl. (i), designated second and third sentences of existing provisions as cl. (ii) and substituted “Except as provided in clause (iii), any deferral” for “Any deferral” and “18-months” for “3 years”, and added cl. (iii).

Subsec. (d). Puspan. L. 104–208, § 574(1), inserted “or to be” after “being” in introductory provisions.

Puspan. L. 104–193, § 441(a)(3), substituted “applicable Secretary” for “Secretary” wherever appearing in pars. (2) to (6).

Puspan. L. 104–193, § 441(a)(1), (4), substituted “the term ‘applicable Secretary’ ” for “the term ‘Secretary’ ” and “applicable Secretary” for “Secretary of Housing and Urban Development” in closing provisions.

Subsec. (d)(1)(A). Puspan. L. 104–208, § 574(2), inserted at end “If the declaration states that the individual is not a citizen or national of the United States and that the individual is younger than 62 years of age, the declaration shall be verified by the Immigration and Naturalization Service. If the declaration states that the individual is a citizen or national of the United States, the Secretary of Housing and Urban Development, or the agency administering assistance covered by this section, may request verification of the declaration by requiring presentation of documentation that the Secretary considers appropriate, including a United States passport, resident alien card, alien registration card, social security card, or other documentation.”

Subsec. (d)(2). Puspan. L. 104–208, § 574(3), substituted “on September 30, 1996, or applying for financial assistance on or after September 30, 1996” for “on February 5, 1988” in introductory provisions and added concluding provisions.

Subsec. (d)(4). Puspan. L. 104–208, § 574(4)(A), substituted “on September 30, 1996, or applying for financial assistance on or after September 30, 1996” for “on February 5, 1988” in introductory provisions.

Subsec. (d)(4)(A)(i). Puspan. L. 104–208, § 574(4)(B)(i)(I), inserted “, not to exceed 30 days,” after “reasonable opportunity”.

Subsec. (d)(4)(A)(ii), (iii). Puspan. L. 104–208, § 574(4)(B)(i)(II), (ii), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “may not delay, deny, reduce, or terminate the individual’s eligibility for financial assistance on the basis of the individual’s immigration status until such a reasonable opportunity has been provided; and”.

Subsec. (d)(4)(B)(ii). Puspan. L. 104–208, § 574(4)(C), added cl. (ii) and struck out former cl. (ii) which read as follows: “pending such verification or appeal, the applicable Secretary may not delay, deny, reduce, or terminate the individual’s eligibility for financial assistance on the basis of the individual’s immigration status, and”.

Subsec. (d)(5). Puspan. L. 104–208, § 574(5), inserted “, the Secretary shall” after “status” in introductory provisions, added subpars. (A) to (C), and struck out former subpars. (A) and (B) which read as follows:

“(A) the applicable Secretary shall deny or terminate the individual’s eligibility for financial assistance, and

“(B) the applicable fair hearing process shall be made available with respect to the individual.”

Subsec. (d)(6). Puspan. L. 104–208, § 574(6), added par. (6) and struck out former par. (6) which read as follows: “For purposes of paragraph (5)(B), the applicable fair hearing process made available with respect to any individual shall include not less than the following procedural protections:

“(A) The applicable Secretary shall provide the individual with written notice of the determination described in paragraph (5) and of the opportunity for a hearing with respect to the determination.

“(B) Upon timely request by the individual, the applicable Secretary shall provide a hearing before an impartial hearing officer designated by the applicable Secretary, at which hearing the individual may produce evidence of a satisfactory immigration status.

“(C) The applicable Secretary shall notify the individual in writing of the decision of the hearing officer on the appeal of the determination in a timely manner.

“(D) Financial assistance may not be denied or terminated until the completion of the hearing process.”

Subsec. (e). Puspan. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development” in introductory provisions.

Subsec. (e)(3). Puspan. L. 104–208, § 575(2), inserted at end “the response from the Immigration and Naturalization Service to the appeal of that individual.”

Subsec. (e)(4). Puspan. L. 104–208, § 575(1), (3), struck out par. (4) which read as follows: “because of a fair hearing process described in subsection (d)(5)(B) of this section (or provided for under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603)).”

Subsec. (g). Puspan. L. 104–193, § 441(a)(1), substituted “applicable Secretary” for “Secretary of Housing and Urban Development”.

Subsec. (h). Puspan. L. 104–208, § 576, added subsec. (h) relating to verification of eligibility.

Puspan. L. 104–193, § 441(a)(5), added subsec. (h) defining “applicable Secretary”.

1988—Subsec. (a)(6). Puspan. L. 100–242, § 164(a), added par. (6).

Subsec. (c). Puspan. L. 100–242, § 164(span), added subsec. (c).

Subsec. (d). Puspan. L. 100–242, § 164(c)(8), amended last sentence generally. Prior to amendment, last sentence read as follows: “In this subsection and subsection (e) of this section, the term ‘Secretary’ refers to the Secretary and to a public housing authority or other entity which makes financial assistance available.”

Subsec. (d)(2). Puspan. L. 100–242, § 164(c)(1), inserted “, is not 62 years of age or older, and is receiving financial assistance on February 5, 1988” after “States”.

Subsec. (d)(4). Puspan. L. 100–242, § 164(c)(2), in introductory provisions, inserted “, is not 62 years of age or older, and is receiving financial assistance on February 5, 1988” after “States”, and “or recertification” after “application”.

Subsec. (d)(4)(A)(i). Puspan. L. 100–242, § 164(c)(3), inserted after comma “or to appeal to the Immigration and Naturalization Service the verification determination of the Immigration and Naturalization Service under paragraph (3),”.

Subsec. (d)(4)(B). Puspan. L. 100–242, § 164(c)(4), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “if there are submitted documents which the Secretary determines constitutes reasonable evidence indicating such status—”.

Subsec. (d)(4)(B)(i), (ii). Puspan. L. 100–242, § 164(c)(5), (6), inserted “or additional information” after “documents” in cl. (i), and “or appeal” after “verification” in cl. (ii).

Subsec. (d)(6). Puspan. L. 100–242, § 164(c)(7), added par. (6).

Subsec. (e). Puspan. L. 100–242, § 164(d)(1), in introductory provisions, inserted “of Housing and Urban Development” after “Secretary”.

Subsec. (e)(2), (3). Puspan. L. 100–242, § 164(d)(2), (3), inserted “(or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603))”.

Subsec. (e)(4). Puspan. L. 100–242, § 164(d)(4), inserted “(or provided for under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603))”.

Subsec. (f). Puspan. L. 100–242, § 164(e), added subsec. (f).

Subsec. (g). Puspan. L. 100–242, § 164(f)(1), added subsec. (g).

1986—Subsecs. (d), (e). Puspan. L. 99–603 added subsecs. (d) and (e).

1981—Subsec. (a). Puspan. L. 97–35 substituted provisions relating to restrictions on use of assisted housing by resident aliens meeting further conditions for provisions relating to prohibition on financial assistance to nonimmigrant student-aliens.

Subsec. (span). Puspan. L. 97–35 struck out “(1)” after “(span)” and par. (2) which defined “nonimmigrant student-alien”.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment

Puspan. L. 105–276, title V, § 592(span), Oct. 21, 1998, 112 Stat. 2654, provided that: “The amendments made by this section [amending this section] are made on, and shall apply beginning upon, the date of the enactment of this Act [Oct. 21, 1998].”

Effective Date of 1996 Amendment

Amendment by section 308(g)(7)(D)(ii) of Puspan. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Puspan. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.

Amendment by sections 572–576 of Puspan. L. 104–208 effective Sept. 30, 1996, see section 591 of Puspan. L. 104–208, set out as a note under section 1101 of Title 8.

Effective Date of 1988 Amendment

Puspan. L. 100–242, title I, § 164(h), Fespan. 5, 1988, 101 Stat. 1863, provided that:

“(1) The provisions of, and amendments made by, subsections (a), (span), (e), (f), and (g) [amending this section, repealing section 1437r of this title, and enacting provisions set out below] shall take effect on the date of the enactment of this Act [Fespan. 5, 1988].
“(2) The amendments made by subsections (c) and (d) [amending this section] shall take effect on October 1, 1988.”

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–603 effective on Oct. 1, 1988, with certain exceptions and qualifications, see section 121(c)(3), (4) of Puspan. L. 99–603, set out as a note under section 1320span–7 of this title.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–35 effective Oct. 1, 1981, see section 371 of Puspan. L. 97–35, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.

Short Title of 1996 Amendment

Puspan. L. 104–208, div. C, title V, § 571, Sept. 30, 1996, 110 Stat. 3009–684, provided that: “This subtitle [subtitle E (§§ 571–577) of title V of div. C of Puspan. L. 104–208, amending this section and enacting provisions set out as a note below] may be cited as the ‘Use of Assisted Housing by Aliens Act of 1996’.”

Regulations

Puspan. L. 104–208, div. C, title V, § 577, Sept. 30, 1996, 110 Stat. 3009–688, provided that:

“(a)Issuance.—Not later than the 60 days after the date of enactment of this Act [Sept. 30, 1996], the Secretary of Housing and Urban Development shall issue any regulations necessary to implement the amendments made by this part [probably means this subtitle, subtitle E (§§ 571–577) of title V of div. C of Puspan. L. 104–208, see Short Title of 1996 Amendment note above]. Such regulations shall be issued in the form of an interim final rule, which shall take effect upon issuance and shall not be subject to the provisions of section 533 of title 5, United States Code, regarding notice or opportunity for comment.
“(span)Failure To Issue.—If the Secretary fails to issue the regulations required under subsection (a) before the date specified in that subsection, the regulations relating to restrictions on assistance to noncitizens, contained in the final rule issued by the Secretary of Housing and Urban Development in RIN–2501–AA63 (Docket No. R–95–1409; FR–2383–F–050), published in the Federal Register on March 20, 1995 (Vol. 60, No. 53; pp. 14824–14861), shall not apply after that date.”

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

Transitional Certification and Documentation Provisions

Puspan. L. 100–242, title I, § 164(g), Fespan. 5, 1988, 101 Stat. 1863, provided that: “In carrying out section 214 of the Housing and Community Development Act of 1980 [this section] during fiscal year 1988, the Secretary of Housing and Urban Development shall require, as a condition of providing financial assistance for the benefit of any individual, that such individual—

“(1) declare in writing, under penalty of perjury, whether or not such individual is a citizen or national of the United States; and
“(2) if not a citizen or national—
“(A) declare in writing, under penalty of perjury, the immigration status of such individual, if such individual is not less than 62 years of age ‘and is receiving financial assistance on the date of the enactment of the Housing and Community Development Act of 1987’ [Fespan. 5, 1988]; or
“(B) provide such documentation regarding the immigration status of such individual as the Secretary may require by regulation.”

Delayed Implementation of 1981 Amendment

Puspan. L. 98–181, title I [title IV, § 474(e)], Nov. 30, 1983, 97 Stat. 1239, provided in part that: “The Secretary may not implement the amendment to section 214 of the Housing and Community Development Act of 1980 [this section], made by section 329(a) of the Housing and Community Development Amendments of 1981 [Puspan. L. 97–35], before the expiration of the one-year period following the date of the enactment of this Act [Nov. 30, 1983].”

Aliens Granted Conditional Entry Eligible for Assisted Housing

Puspan. L. 97–35, title III, § 329(span), Aug. 13, 1981, 95 Stat. 408, provided that: “An alien who is lawfully present in the United States as a result of being granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) before April 1, 1980, because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity shall be deemed, for purposes of section 214 of the Housing and Community Development Act of 1980 [this section], to be an alien described in section 214(a)(3) of such Act [subsec. (a)(3) of this section].”