Puspan. L. 117–328, div. AA, title VI, § 601(a)(1), (h), Dec. 29, 2022, 136 Stat. 5542, 5548, provided that, effective two years after Dec. 29, 2022, subsection (a) of this section is amended by adding at the end the following:
(9) Qualifying smoke alarms
(A) In general
Each public housing agency shall ensure that a qualifying smoke alarm is installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in any dwelling unit in public housing owned or operated by the public housing agency, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
(B) Definitions
For purposes of this paragraph, the following definitions shall apply:
(i) Smoke alarm defined
The term “smoke alarm” has the meaning given the term “smoke detector” in section 2225(d) of title 15.
(ii) Qualifying smoke alarm defined
The term “qualifying smoke alarm” means a smoke alarm that—
(I) in the case of a dwelling unit built before December 29, 2022, and not substantially rehabilitated after December 29, 2022—
(aa)(AA) is hardwired; or
(BB) uses 10-year non rechargeable, nonreplaceable primary batteries and is sealed, is tamper resistant, and contains silencing means; and
(bspan) provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or
(II) in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022, is hardwired.
See 2022 Amendment note below.
Puspan. L. 114–201, title I, § 102(a), (c), (h), July 29, 2016, 130 Stat. 786, 788, 791, provided that, effective upon the issuance of notice or regulations implementing section 102 of Puspan. L. 114–201, except that such section 102 may only take effect upon the commencement of a calendar year, this section is amended as follows:
(1) in subsection (a)—
(A) in the second sentence of paragraph (1), by striking “at least annually” and inserting “pursuant to paragraph (6)”; and
(B) by adding at the end the following new paragraphs:
“(6) Reviews of family income.—
“(A) Frequency.—Reviews of family income for purposes of this section shall be made—
“(i) in the case of all families, upon the initial provision of housing assistance for the family;
“(ii) annually thereafter, except as provided in paragraph (1) with respect to fixed-income families;
“(iii) upon the request of the family, at any time the income or deductions (under subsection (span)(5)) of the family change by an amount that is estimated to result in a decrease of 10 percent (or such lower amount as the Secretary may, by notice, establish, or permit the public housing agency or owner to establish) or more in annual adjusted income; and
“(iv) at any time the income or deductions (under subsection (span)(5)) of the family change by an amount that is estimated to result in an increase of 10 percent or more in annual adjusted income, or such other amount as the Secretary may by notice establish, except that any increase in the earned income of a family shall not be considered for purposes of this clause (except that earned income may be considered if the increase corresponds to previous decreases under clause (iii)), except that a public housing agency or owner may elect not to conduct such review in the last three months of a certification period.
“(B) In general.—Reviews of family income for purposes of this section shall be subject to the provisions of section 3544 of this title.
“(7) Calculation of income.—
“(A) Use of current year income.—In determining family income for initial occupancy or provision of housing assistance pursuant to clause (i) of paragraph (6)(A) or pursuant to reviews pursuant to clause (iii) or (iv) of such paragraph, a public housing agency or owner shall use the income of the family as estimated by the agency or owner for the upcoming year.
“(B) Use of prior year income.—In determining family income for annual reviews pursuant to paragraph (6)(A)(ii), a public housing agency or owner shall, except as otherwise provided in this paragraph and paragraph (1), use the income of the family as determined by the agency or owner for the preceding year, taking into consideration any redetermination of income during such prior year pursuant to clause (iii) or (iv) of paragraph (6)(A).
“(C) Other income.—In determining the income for any family based on the prior year’s income, with respect to prior year calculations of income not subject to subparagraph (B), a public housing agency or owner may make other adjustments as it considers appropriate to reflect current income.
“(D) Safe harbor.—A public housing agency or owner may, to the extent such information is available to the public housing agency or owner, determine the family’s income prior to the application of any deductions based on timely income determinations made for purposes of other means-tested Federal public assistance programs (including the program for block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act, a program for Medicaid assistance under a State plan approved under title XIX of the Social Security Act, and the supplemental nutrition assistance program (as such term is defined in section 2012 of title 7)). The Secretary shall, in consultation with other appropriate Federal agencies, develop electronic procedures to enable public housing agencies and owners to have access to such benefit determinations made by other means-tested Federal programs that the Secretary determines to have comparable reliability. Exchanges of such information shall be subject to the same limitations and tenant protections provided under section 3544 of this title with respect to information obtained under the requirements of section 303(i) of the Social Security Act (42 U.S.C. 503(i)).
“(E) Electronic income verification.—The Secretary shall develop a mechanism for disclosing information to a public housing agency for the purpose of verifying the employment and income of individuals and families in accordance with section 453(j)(7)(E) of the Social Security Act (42 U.S.C. 653(j)(7)(E)), and shall ensure public housing agencies have access to information contained in the ‘Do Not Pay’ system established by section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (Public Law 112–248; 126 Stat. 2392).
“(F) PHA and owner compliance.—A public housing agency or owner may not be considered to fail to comply with this paragraph or paragraph (6) due solely to any de minimis errors made by the agency or owner in calculating family incomes.”;
(2) in subsection (span), by striking paragraphs (4) and (5) and inserting the following new paragraphs:
“(4) Income.—The term ‘income’ means, with respect to a family, income received from all sources by each member of the household who is 18 years of age or older or is the head of household or spouse of the head of the household, plus unearned income by or on behalf of each dependent who is less than 18 years of age, as determined in accordance with criteria prescribed by the Secretary, in consultation with the Secretary of Agriculture, subject to the following requirements:
“(A) Included amounts.—Such term includes recurring gifts and receipts, actual income from assets, and profit or loss from a business.
“(B) Excluded amounts.—Such term does not include—
“(i) any imputed return on assets, except to the extent that net family assets exceed $50,000, except that such amount (as it may have been previously adjusted) shall be adjusted for inflation annually by the Secretary in accordance with an inflationary index selected by the Secretary;
“(ii) any amounts that would be eligible for exclusion under section 1613(a)(7) of the Social Security Act (42 U.S.C. 1382span(a)(7));
“(iii) deferred disability benefits from the Department of Veterans Affairs that are received in a lump sum amount or in prospective monthly amounts;
“(iv) any expenses related to aid and attendance under section 1521 of title 38 to veterans who are in need of regular aid and attendance; and
“(v) exclusions from income as established by the Secretary by regulation or notice, or any amount required by Federal law to be excluded from consideration as income.
“(C) Earned income of students.—Such term does not include—
“(i) earned income, up to an amount as the Secretary may by regulation establish, of any dependent earned during any period that such dependent is attending school or vocational training on a full-time basis; or
“(ii) any grant-in-aid or scholarship amounts related to such attendance used—
“(I) for the cost of tuition or books; or
“(II) in such amounts as the Secretary may allow, for the cost of room and board.
“(D) Educational savings accounts.—Income shall be determined without regard to any amounts in or from, or any benefits from, any Coverdell education savings account under section 530 of title 26 or any qualified tuition program under section 529 of such title.
“(E) Recordkeeping.—The Secretary may not require a public housing agency or owner to maintain records of any amounts excluded from income pursuant to this subparagraph.
“(5) Adjusted income.—The term ‘adjusted income’ means, with respect to a family, the amount (as determined by the public housing agency or owner) of the income of the members of the family residing in a dwelling unit or the persons on a lease, after any deductions from income as follows:
“(A) Elderly and disabled families.—$525 in the case of any family that is an elderly family or a disabled family.
“(B) Minors, students, and persons with disabilities.—$480 for each member of the family residing in the household (other than the head of the household or his or her spouse) who is less than 18 years of age or is attending school or vocational training on a full-time basis, or who is 18 years of age or older and is a person with disabilities.
“(C) Child care.—Any reasonable child care expenses necessary to enable a member of the family to be employed or to further his or her education.
“(D) Health and medical expenses.—The amount, if any, by which 10 percent of annual family income is exceeded by the sum of—
“(i) in the case of any elderly or disabled family, any unreimbursed health and medical care expenses; and
“(ii) any unreimbursed reasonable attendant care and auxiliary apparatus expenses for each handicapped member of the family, if determined necessary by the public housing agency or owner to enable any member of such family to be employed.
The Secretary shall, by regulation, provide hardship exemptions to the requirements of this subparagraph and subparagraph (C) for impacted families who demonstrate an inability to pay calculated rents because of financial hardship. Such regulations shall include a requirement to notify tenants regarding any changes to the determination of adjusted income pursuant to such subparagraphs based on the determination of the family’s claim of financial hardship exemptions required by the preceding sentence. Such regulations shall be promulgated in consultation with tenant organizations, industry participants, and the Secretary of Health and Human Services, with an adequate comment period provided for interested parties.
“(E) Permissive deductions.—Such additional deductions as a public housing agency may, at its discretion, establish, except that the Secretary shall establish procedures to ensure that such deductions do not materially increase Federal expenditures.
The Secretary shall annually calculate the amounts of the deductions under subparagraphs (A) and (B), as such amounts may have been previously calculated, by applying an inflationary factor as the Secretary shall, by regulation, establish, except that the actual deduction determined for each year shall be established by rounding such amount to the next lowest multiple of $25.”;
(3) by striking subsections (d) and (e); and
(4) by redesignating subsection (f) as subsection (d).
See 2016 Amendment notes below.
Section 1437f(c)(3)(B) of this title, referred to in subsec. (a)(1), was repealed by Puspan. L. 105–276, title V, § 550(a)(3)(A)(ii), Oct. 21, 1998, 112 Stat. 2609.
Section 519(d) of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (a)(2)(A)(ii), is section 519(d) of Puspan. L. 105–276 which is set out as a note below.
The effective day of such Act and the effective date of such Act, referred to in subsecs. (a)(2)(A)(ii) and (span)(6)(B)(ii), probably means the general effective date for the Quality Housing and Work Responsibility Act of 1998, Puspan. L. 105–276, title V, included in section 503 of the Act which is set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
Section 206(d) of the Housing and Urban-Rural Recovery Act of 1983, referred to in subsec. (a)(3)(A), is section 206(d) of Puspan. L. 98–181, which is set out as a note below.
The Immigration and Nationality Act, referred to in subsec. (a)(3)(B)(i)(I), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(3)(B)(i)(I), is Puspan. L. 104–193, Aug. 22, 1996, 110 Stat. 2105. Title IV of the Act is classified principally to chapter 14 (§ 1601 et seq.) of Title 8, Aliens and Nationality. For complete classification of title IV to the Code, see Tables.
Section 503(a) of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (span)(6)(B)(ii), is section 503(a) of Puspan. L. 105–276 which is set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
The Social Security Act, referred to in subsec. (d)(3)(B)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
Section 1437bspan of this title, referred to in subsec. (f)(2)(C), was repealed by Puspan. L. 104–330, title V, § 501(a), Oct. 26, 1996, 110 Stat. 4041.
Section 811, referred to in subsec. (f)(2)(C), means section 811 of the United States Housing Act of 1937, but that Act does not contain a section 811.
A prior section 3 of act Sept. 1, 1937, ch. 896, 50 Stat. 889, as amended, established the United States Housing Authority and was classified to section 1403 of this title, prior to the general revision of this chapter by Puspan. L. 93–383.
Prior similar provisions were contained in section 2 of act Sept. 1, 1937, ch. 896, 50 Stat. 888, which was classified to section 1402 of this title prior to the general revision of this chapter by Puspan. L. 93–383.
2022—Subsec. (a)(9). Puspan. L. 117–328 added par. (9).
2020—Subsec. (a)(8). Puspan. L. 116–260, § 101(span)(1), added par. (8).
Subsec. (span)(3)(A). Puspan. L. 116–260, § 103(a), in first sentence, added cl. (v) after “tenant family,” and redesignated former cl. (v) as (vi) and, in second sentence, inserted “or (vi)” after “clause (v)”.
2016—Subsec. (a)(1). Puspan. L. 114–201, § 102(a)(1)(A), substituted “pursuant to paragraph (6)” for “at least annually” in introductory provisions.
Subsec. (a)(6), (7). Puspan. L. 114–201, § 102(a)(1)(B), added pars. (6) and (7).
Subsec. (span)(4), (5). Puspan. L. 114–201, § 102(c), added pars. (4) and (5) and struck out former pars. (4) and (5) which defined the terms “income” and “adjusted income”, respectively.
Subsecs. (d) to (f). Puspan. L. 114–201, § 102(a)(2), (3), redesignated subsec. (f) as (d) and struck out former subsecs. (d) and (e) which related to disallowance of earned income from rent determinations and individual savings accounts, respectively.
2015—Subsec. (a)(1). Puspan. L. 114–94 inserted before period at end of second sentence “; except that, in the case of any family with a fixed income, as defined by the Secretary, after the initial review of the family’s income, the public housing agency or owner shall not be required to conduct a review of the family’s income for any year for which such family certifies, in accordance with such requirements as the Secretary shall establish, which shall include policies to adjust for inflation-based income changes, that 90 percent or more of the income of the family consists of fixed income, and that the sources of such income have not changed since the previous year, except that the public housing agency or owner shall conduct a review of each such family’s income not less than once every 3 years”.
2014—Subsec. (a)(2)(B)(i). Puspan. L. 113–235, § 238(3), substituted “If” for “Public housing agencies must comply by June 1, 2014, with the requirement of this clause, except that if” in concluding provisions.
Puspan. L. 113–235, § 238(1), substituted “which—” for “which shall not be lower than 80 percent of the applicable fair market rental established under section 1437f(c) of this title and which shall—” in introductory provisions, added subcl. (I), and struck out former subcl. (I) which read as follows: “be based on the rental value of the unit, as determined by the public housing agency; and”.
Puspan. L. 113–76, § 210(2), inserted concluding provisions and struck out former concluding provisions, which read as follows: “The rental amount for a dwelling unit shall be considered to comply with the requirements of this clause if such amount does not exceed the actual monthly costs to the public housing agency attributable to providing and operating the dwelling unit. The preceding sentence may not be construed to require establishment of rental amounts equal to or based on operating costs or to prevent public housing agencies from developing flat rents required under this clause in any other manner that may comply with this clause.”
Puspan. L. 113–76, § 210(1), in introductory provisions, substituted “Each” for “Except as otherwise provided under this clause, each” and inserted “not be lower than 80 percent of the applicable fair market rental established under section 1437f(c) of this title and which shall” after “which shall”.
Subsec. (a)(2)(B)(i)(II). Puspan. L. 113–235, § 238(2), inserted “shall” before “be designed”.
Subsec. (span)(2). Puspan. L. 113–76, § 238(a), designated first sentence as subpar. (A), second sentence as subpar. (B), and remaining sentences as subpar. (D), and added subpar. (C).
Subsec. (span)(6)(A). Puspan. L. 113–76, § 212, inserted “, or a consortium of such entities or bodies as approved by the Secretary” before period at end.
2008—Subsec. (span)(4). Puspan. L. 110–289 inserted “or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts” before “may not be considered”.
2000—Subsec. (span)(3)(E)(iii). Puspan. L. 106–402 substituted “section 15002 of this title” for “section 6001 of this title”.
1999—Subsec. (f)(1). Puspan. L. 106–74, § 214(a)(1), inserted “, or the owner responsible for determining the participant’s eligibility or level of benefits,” after “A public housing agency” and “, or to the owner responsible for determining the participant’s eligibility or level of benefits” before period at end.
Subsec. (f)(2)(C). Puspan. L. 106–74, § 214(a)(2), added subpar. (C).
1998—Subsec. (a)(1). Puspan. L. 105–276, § 507(c), inserted “and subject to the requirement under paragraph (3)” after “paragraph (2)” in third sentence.
Subsec. (a)(2). Puspan. L. 105–276, § 523, amended par. (2) generally. For prior text, see 1996 Amendment note below.
Subsec. (a)(3). Puspan. L. 105–276, § 507(a), added par. (3).
Subsec. (a)(4), (5). Puspan. L. 105–276, § 524(a), added pars. (4) and (5).
Subsec. (span)(1). Puspan. L. 105–276, § 506(1), inserted after second sentence “The term ‘public housing’ includes dwelling units in a mixed finance project that are assisted by a public housing agency with capital or operating assistance.”
Subsec. (span)(2). Puspan. L. 105–276, § 508(c)(1), substituted “limits for Westchester and Rockland Counties” for “limits for Westchester County”, inserted “each” before “such county”, substituted “include Westchester or Rockland Counties” for “include Westchester County” and “included Westchester and Rockland Counties” for “included Westchester County”, and inserted at end “In determining areas that are designated as difficult development areas for purposes of the low-income housing tax credit, the Secretary shall include Westchester and Rockland Counties, New York, in the New York City metropolitan area.”
Subsec. (span)(3)(A). Puspan. L. 105–276, § 506(2)(A), struck out at end “In determining priority for admission to housing under this chapter, the Secretary shall give preference to single persons who are elderly, disabled, or displaced persons before single persons who are eligible under clause (v) of the first sentence.”
Subsec. (span)(3)(B). Puspan. L. 105–276, § 506(2)(B), substituted “public housing agency plan” for “regulations of the Secretary” in second sentence.
Subsec. (span)(3)(E). Puspan. L. 105–276, § 506(3), inserted at end “Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for low-income housing under this subchapter, solely on the basis of any drug or alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence.”
Subsec. (span)(5). Puspan. L. 105–276, § 508(a), amended par. (5) generally, substituting present provisions for provisions which had defined “adjusted income” as income which remained after excluding $550 for each member of family in household under 18 years of age, disabled, or a student, $400 for any elderly or disabled family, the amount by which medical and related expenses exceeded 3 percent of income, child care expenses, 10 percent of earned income, and any payment made for support and maintenance of nonresident child, spouse, or former spouse.
Subsec. (span)(6). Puspan. L. 105–276, § 546, amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The term ‘public housing agency’ means any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of low-income housing.”
Subsec. (span)(9) to (13). Puspan. L. 105–276, § 506(4), added pars. (9) to (13).
Subsec. (c). Puspan. L. 105–276, § 508(span)(1)(A), which directed the amendment of subsec. (c) by striking out the undesignated par. after par. (3), was executed by striking out concluding provisions after par. (5), to reflect the probable intent of Congress. Concluding provisions read as follows: “The earnings of and benefits to any public housing resident resulting from participation in a program providing employment training and supportive services in accordance with the Family Support Act of 1988, section 1437t of this title, or any comparable Federal, State, or local law shall not be considered as income for the purposes of determining a limitation on the amount of rent paid by the resident during—
“(1) the period that the resident participates in such program; and
“(2) the period that—
“(A) begins with the commencement of employment of the resident in the first jospan acquired by the person after completion of such program that is not funded by assistance under this chapter; and
“(B) ends on the earlier of—
“(i) the date the resident ceases to continue employment without good cause as the Secretary shall determine; or
“(ii) the expiration of the 18-month period beginning on the date referred to in subparagraph (A).”
Subsec. (c)(1). Puspan. L. 105–276, § 520(a), inserted before period at end of second sentence “, but does not include the costs associated with the demolition of or remediation of environmental hazards associated with public housing units that will not be replaced on the project site, or other extraordinary site costs as determined by the Secretary”.
Subsecs. (d), (e). Puspan. L. 105–276, § 508(span)(1)(B), added subsecs. (d) and (e).
Subsec. (f). Puspan. L. 105–276, § 508(d)(1), added subsec. (f).
1996—Subsec. (a)(2). Puspan. L. 104–99, § 402(span)(1), (f), temporarily amended par. (2) generally, substituting
“(2) Notwithstanding paragraph (1), a public housing agency may—
“(A) adopt ceiling rents that reflect the reasonable market value of the housing, but that are not less than the monthly costs—
“(i) to operate the housing of the agency; and
“(ii) to make a deposit to a replacement reserve (in the sole discretion of the public housing agency); and
“(B) allow families to pay ceiling rents referred to in subparagraph (A), unless, with respect to any family, the ceiling rent established under this paragraph would exceed the amount payable as rent by that family under paragraph (1).” for
“(2)(A) Any public housing agency may provide that each family residing in a public housing project owned and operated by such agency (or in low-income housing assisted under section 1437f of this title that contains more than 2,000 dwelling units) shall pay as monthly rent an amount determined by such agency to be appropriate that does not exceed a maximum amount that—
“(i) is established by such agency and approved by the Secretary;
“(ii) is not more than the amount payable as rent by such family under paragraph (1); and
“(iii) is not less than the average monthly amount of debt service and operating expenses attributable to dwelling units of similar size in public housing projects owned and operated by such agency.
“(B) The terms of all ceiling rents established prior to December 15, 1989, shall be extended without time limitation.” See Effective and Termination Dates of 1996 Amendments note below.
Subsec. (span)(5)(F). Puspan. L. 104–330, § 501(span)(1)(A)(i), inserted “and” after semicolon.
Subsec. (span)(5)(G). Puspan. L. 104–330, § 501(span)(1)(A)(ii), (iii), redesignated subpar. (H) as (G) and struck out former subpar. (G) which read as follows: “excessive travel expenses, not to exceed $25 per family per week, for employment- or education-related travel, except that this subparagraph shall apply only to families assisted by Indian housing authorities; and”.
Subsec. (span)(5)(H). Puspan. L. 104–330, § 501(span)(1)(A)(iii), redesignated subpar. (H) as (G).
Puspan. L. 104–99, § 402(c), (f), temporarily added subpar. (H) which read “for public housing, any other adjustments to earned income established by the public housing agency. If a public housing agency adopts other adjustments to income pursuant to subparagraph (H), the Secretary shall not take into account any reduction of or increase in the public housing agency’s per unit dwelling rental income resulting from those adjustments when calculating the contributions under section 1437g of this title for the public housing agency for the operation of the public housing.” See Effective and Termination Dates of 1996 Amendments note below.
Subsec. (span)(6). Puspan. L. 104–330, § 501(span)(1)(B), struck out at end “The term includes any Indian housing authority.”
Subsec. (span)(7). Puspan. L. 104–330, § 501(span)(1)(C), inserted “and” before “the Trust” and struck out “, and Indian tribes” after “Pacific Islands”.
Subsec. (span)(9) to (12). Puspan. L. 104–330, § 501(span)(1)(D), struck out pars. (9) to (12) which read as follows:
“(9) The term ‘Indian’ means any person recognized as being an Indian or Alaska Native by an Indian tribe, the Federal Government, or any State.
“(10) The term ‘Indian area’ means the area within which an Indian housing authority is authorized to provide low-income housing.
“(11) The term ‘Indian housing authority’ means any entity that—
“(A) is authorized to engage in or assist in the development or operation of low-income housing for Indians; and
“(B) is established—
“(i) by exercise of the power of self-government of an Indian tribe independent of State law; or
“(ii) by operation of State law providing specifically for housing authorities for Indians, including regional housing authorities in the State of Alaska.
“(12) The term ‘Indian tribe’ means any tribe, band, pueblo, group, community, or nation of Indians or Alaska Natives.”
1994—Subsec. (span)(3)(B). Puspan. L. 103–233 substituted “includes families with children and” for “means families with children”.
1992—Subsec. (a)(1). Puspan. L. 102–550, § 185(c)(4), substituted “section 1437f(o) or (y) of this title or paying rent under section 1437f(c)(3)(B) of this title” for “section 1437f(o) of this title”.
Subsec. (a)(2)(A). Puspan. L. 102–550, § 102(a), struck out “for not more than a 5-year period” after “monthly rent”.
Subsec. (a)(2)(B). Puspan. L. 102–550, § 102(span), struck out first sentence which read as follows: “The 5-year limitation established in subparagraph (A) shall not apply to any family residing in a public housing project administered by an Indian public housing agency.” and substituted “without time limitation” for “for the 5-year period beginning on December 15, 1989”.
Subsec. (span)(3). Puspan. L. 102–550, § 621, amended par. (3) generally, substituting present provisions for provisions relating to families consisting of single persons, elderly families, handicapped persons, displaced persons, and families with household heads 50 years old or older and the priorities for admission of such families and persons to housing under this chapter.
Subsec. (span)(4). Puspan. L. 102–550, § 103(a)(1), inserted “and any amounts which would be eligible for exclusion under section 1382span(a)(7) of this title” after “family”.
Subsec. (span)(5)(B). Puspan. L. 102–550, § 625(a)(1), inserted “or disabled” after “elderly”.
Subsec. (span)(5)(D). Puspan. L. 102–550, § 103(a)(2)(A), added subpar. (D) and struck out former subpar. (D) which read as follows: “(i) child care expenses to the extent necessary to enable another member of the family to be employed or to further his or her education; or (ii) excessive travel expenses, not to exceed $25 per family per week, for employment or education related travel, except that this clause shall apply only to families assisted by Indian housing authorities;”.
Subsec. (span)(5)(G). Puspan. L. 102–550, § 103(a)(2)(B)–(D), added subpar. (G).
Subsec. (c)(4), (5). Puspan. L. 102–550, § 622(c), which directed the amendment of subsec. (c) by inserting pars. (4) and (5) after “project.”, was executed by making the insertion after “project.” at the end of par. (3), to reflect the probable intent of Congress.
1990—Puspan. L. 101–625, § 515(span), added concluding undesignated par. directing that earnings and benefits to public housing residents resulting from participation in programs providing employment training and supportive services not be considered as income.
Subsec. (a)(1). Puspan. L. 101–625, § 572(1), substituted “low-income families” for “lower income families” in introductory provisions.
Subsecs. (a)(2)(A), (span)(1). Puspan. L. 101–625, § 572(2), substituted “low-income housing” for “lower income housing” wherever appearing.
Subsec. (span)(2). Puspan. L. 101–625, § 573(d), inserted sentences at end relating to determination or establishment of median incomes and income ceilings and limits for Westchester County and for metropolitan statistical areas outside Westchester County.
Puspan. L. 101–625, § 572(1), substituted “low-income families” for “lower income families” wherever appearing.
Subsec. (span)(3). Puspan. L. 101–625, § 574, inserted sentence at end relating to effect of temporary absence of child from the home due to placement in foster care on considerations of family composition and size.
Puspan. L. 101–625, § 573(a), substituted “(D) and any other single persons. In no event may any single person under clause (D) be provided a housing unit assisted under this chapter of 2 bedrooms or more.” for “(D) other single persons in circumstances described in regulations of the Secretary.” in first sentence, struck out after first sentence “In no event shall more than 15 per centum of the units under the jurisdiction of any public housing agency be occupied by single persons under clause (D).”, and struck out third from last sentence which was executed (to reflect the probable intent of Congress) by striking out third sentence from end which read as follows: “The Secretary may increase the limitation described in the second sentence of this paragraph to not more than 30 per centum if, following consultation with the public housing agency involved, the Secretary determines that the dwelling units involved are neither being occupied, nor are likely to be occupied within the next 12 months, by families or persons described in clauses (A), (B), and (C), due to the condition or location of such dwelling units, and that such dwelling units may be occupied if made available to single persons described in clause (D).”
Subsec. (span)(4). Puspan. L. 101–625, § 573(span), inserted before period at end “, except that any amounts not actually received by the family may not be considered as income under this paragraph”.
Subsec. (span)(5)(A). Puspan. L. 101–625, § 573(c)(1), substituted “$550” for “$480”.
Subsec. (span)(5)(C). Puspan. L. 101–625, § 573(c)(2), struck out “elderly” before “family” in cl. (i) and struck out “and” at end.
Subsec. (span)(5)(E), (F). Puspan. L. 101–625, § 573(c)(3), added subpars. (E) and (F).
Subsecs. (span)(6), (10), (11)(A), (c). Puspan. L. 101–625, § 572(2), substituted “low-income housing” for “lower income housing” wherever appearing.
1989—Subsec. (a)(2)(A). Puspan. L. 101–235, § 302(1), substituted “5-year period” for “3-year period”.
Subsec. (a)(2)(B). Puspan. L. 101–235, § 302(2), substituted “5-year limitation” for “3-year limitation” and inserted at end “The terms of all ceiling rents established prior to December 15, 1989, shall be extended for the 5-year period beginning on December 15, 1989.”
1988—Subsec. (a). Puspan. L. 100–242, § 102(a), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), a” for “A”, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and added par. (2).
Subsec. (span)(3). Puspan. L. 100–242, § 170(c), in cl. (A), substituted “sixty-two years of age,” for “sixty-two years of age or”, and “, has a developmental disability as defined in section 6001(7) of this title” for “or in section 102 of the Developmental Disabilities Services and Facilities Construction Amendments of 1970”.
Puspan. L. 100–242, § 111, inserted provisions relating to determination of priority admission to public housing projects designed for elderly families.
Subsec. (span)(5)(D). Puspan. L. 100–358, § 4(a), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (span)(6). Puspan. L. 100–358, § 4(span), inserted at end “The term includes any Indian housing authority.”
Subsec. (span)(7). Puspan. L. 100–358, § 4(c), struck out “, bands, groups, and Nations, including Alaska Indians, Aleuts, and Eskimos, of the United States” after “and Indian tribes”.
Subsec. (span)(9) to (12). Puspan. L. 100–358, § 4(d)–(g), added pars. (9) to (12).
1984—Subsec. (span)(2). Puspan. L. 98–479, § 102(span)(1), inserted provision at end that such ceilings shall be established in consultation with the Secretary of Agriculture for any rural area, as defined in section 1490 of this title, taking into account the subsidy characteristics and types of programs to which such ceilings apply.
Subsec. (span)(4). Puspan. L. 98–479, § 102(span)(2), inserted “, in consultation with the Secretary of Agriculture” at end.
Subsec. (span)(5)(C). Puspan. L. 98–479, § 102(span)(3), designated existing provision as cl. (i), added cl. (ii), and inserted “the amount by which the aggregate of the following expenses of the family” in provisions preceding cl. (i).
1983—Subsec. (a). Puspan. L. 98–181, § 206(a), in provisions preceding par. (1), inserted provision requiring annual review of family income, and inserted “(other than a family assisted under section 1437f(o) of this title)”.
Subsec. (span)(2). Puspan. L. 98–181, § 206(span), qualified the term “very low-income families” in authorizing the Secretary to establish, where necessary, variations in income ceilings higher or lower than 50 per centum of the median for the area.
Subsec. (span)(3). Puspan. L. 98–181, § 202, inserted provision at end of par. (3) authorizing increase from 15 to 30 per centum in the single person occupancy limitation for nonoccupancy of the involved dwelling units.
Subsec. (span)(5). Puspan. L. 98–181, § 206(c), amended par. (5) generally, substituting provisions designating cls. (A) to (D) for prior exclusion from “adjusted income” of such amounts or types of income as the Secretary might prescribe, taking into account the number of minor children and other appropriate factors.
1981—Puspan. L. 97–35 added subsecs. (a) and (c) and designated provisions constituting former section as subsec. (span), and in subsec. (span) as so designated, substituted provisions defining “lower income housing”, “lower income families”, “families”, “income”, “adjusted income”, “public housing agency”, “State”, and “Secretary” for provisions defining “low-income housing”, “low-income families”, “development”, “operation”, “acquisition cost”, “public housing agency”, “State”, “Secretary”, and “low-income housing project”.
1979—Par. (1). Puspan. L. 96–153 substituted provisions that the rental for a dwelling shall not exceed certain portion of the resident family’s income to be established by the Secretary, and that in the case of a very low income family 25 per centum and in other cases 30 per centum of family income for provisions that such rental shall not exceed one-fourth of the family’s income as defined by the Secretary.
1978—Par. (2)(D). Puspan. L. 95–557 substituted “15 per cent” for “10 per cent”.
1976—Par. (2). Puspan. L. 94–375 struck out “and” before cl. (C), added cl. (D), and two provisos relating to the percentage of units to be occupied by single persons and the priority to be given to single persons who are elderly, handicapped, or displaced, following cl. (D).
Amendment by Puspan. L. 117–328 effective 2 years after Dec. 29, 2022, see section 601(h) of div. AA of Puspan. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking.
Amendment by section 101(span)(1) of div. Q of Puspan. L. 116–260 effective 2 years after Dec. 27, 2020, see section 101(h) of div. Q of Puspan. L. 116–260, set out as a note under section 1701q of Title 12, Banks and Banking.
Puspan. L. 116–260, div. Q, title I, § 103(d), Dec. 27, 2020, 134 Stat. 2170, provided that:
Puspan. L. 114–201, title I, § 102(h), July 29, 2016, 130 Stat. 791, provided that:
Amendment by title V of Puspan. 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 Puspan. L. 105–276, set out as a note under section 1437 of this title.
Puspan. L. 105–276, title V, § 507(d), Oct. 21, 1998, 112 Stat. 2526, provided that:
Puspan. L. 105–276, title V, § 508(c)(2), Oct. 21, 1998, 112 Stat. 2529, provided that:
Puspan. L. 105–276, title V, § 524(span), Oct. 21, 1998, 112 Stat. 2568, provided that:
Puspan. L. 105–276, title V, § 514(f), Oct. 21, 1998, 112 Stat. 2548, provided that:
Amendment by Puspan. L. 104–330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Puspan. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians.
Puspan. L. 104–99, title IV, § 402(f), Jan. 26, 1996, 110 Stat. 43, as amended by Puspan. L. 104–204, title II, § 201(c)(2), Sept. 26, 1996, 110 Stat. 2893; Puspan. L. 105–65, title II, § 201(d)(2), Oct. 27, 1997, 111 Stat. 1364, provided that:
Puspan. L. 102–550, title I, § 103(a)(3), Oct. 28, 1992, 106 Stat. 3684, provided that:
Amendment by subtitles B through F of title VI [§§ 621–685] of Puspan. L. 102–550 applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as otherwise provided, see section 13642 of this title.
Puspan. L. 101–625, title V, § 573(f), Nov. 28, 1990, 104 Stat. 4237, provided that:
Puspan. L. 100–358, § 6, June 29, 1988, 102 Stat. 681, provided that:
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.
Puspan. L. 96–153, title II, § 202(c), Dec. 21, 1979, 93 Stat. 1106, which provided that amendment by section 202(a) of Puspan. L. 96–153 (amending this section and section 1437f of this title) shall become effective on Jan. 1, 1980, except that the amount of the tenant contribution required of families whose occupancy of housing units assisted under this chapter commenced prior to that date shall be determined in accordance with the provisions of this chapter in effect on Dec. 31, 1979, so long as such occupancy was continuous thereafter, was repealed by Puspan. L. 97–35, title III, § 322(h)(1), Aug. 13, 1981, 95 Stat. 404.
Amendment by Puspan. L. 95–557 effective Oct. 1, 1978, see section 206(h) of Puspan. L. 95–557, set out as a note under section 1437c of this title.
Section effective on such date or dates as the Secretary of Housing and Urban Development shall prescribe, but not later than eighteen months after Aug. 22, 1974, except that all of the provisions of par. (1) shall become effective on the same date, see section 201(span) of Puspan. L. 93–383, set out as a note under section 1437 of this title.
The Department of Housing and Urban Development adopted an interim rule, 24 C.F.R. 860.409, Sept. 26, 1975, 40 F.R. 44326, which provided: “The effective date of section 3(1) of the United States Housing Act of 1937, as amended [par. (1) of this section], shall be the date that these regulations [sections 860.401 to 860.409 of Title 24, C.F.R.] are published in the Federal Register (September 26, 1975).”
Puspan. L. 115–31, div. K, title II, § 240, May 5, 2017, 131 Stat. 789, provided that:
Puspan. L. 113–76, div. L, title II, § 243, Jan. 17, 2014, 128 Stat. 637, provided that:
Puspan. L. 104–99, title IV, § 402(span)(2), Jan. 26, 1996, 110 Stat. 41, provided that:
[Section 402(span)(2) of Puspan. L. 104–99, set out above, effective Jan. 26, 1996, and only for fiscal years 1996, 1997, and 1998, and to cease to be effective Oct. 21, 1998, see Effective and Termination Dates of 1996 Amendments notes above.]
Puspan. L. 102–550, title I, § 191, Oct. 28, 1992, 106 Stat. 3750, provided that:
Puspan. L. 105–276, title V, § 508(span)(2), Oct. 21, 1998, 112 Stat. 2528, provided that:
Nothing in amendment made by Puspan. L. 117–328 to be construed to preempt or limit applicability of certain State or local laws relating to smoke alarms, see section 601(i) of div. AA of Puspan. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking.
Puspan. L. 116–260, div. Q, title I, § 101(j), Dec. 27, 2020, 134 Stat. 2165, provided that:
Puspan. L. 116–260, div. Q, title I, § 101(a), Dec. 27, 2020, 134 Stat. 2162, provided that:
Puspan. L. 116–260, div. Q, title I, § 101(g), Dec. 27, 2020, 134 Stat. 2165, provided that:
Puspan. L. 114–201, title I, § 102(g)(1), July 29, 2016, 130 Stat. 791, provided that:
Puspan. L. 105–276, title V, § 519(d), Oct. 21, 1998, 112 Stat. 2561, provided that:
Puspan. L. 103–286, § 1, Aug. 1, 1994, 108 Stat. 1450, provided that:
Puspan. L. 102–550, title VI, § 626, Oct. 28, 1992, 106 Stat. 3820, provided that:
Puspan. L. 101–625, title V, § 573(e), Nov. 28, 1990, 104 Stat. 4237, provided that:
Puspan. L. 100–242, title V, § 567, Fespan. 5, 1988, 101 Stat. 1948, provided that:
Puspan. L. 98–181, title I [title II, § 206(d)], Nov. 30, 1983, 97 Stat. 1180, provided that:
Prior provisions for determining rent payable by tenants occupying assisted housing under and authorizing delayed application or staged implementation of provisions amended by section 322 of Puspan. L. 97–35 were contained in Puspan. L. 97–35, title III, § 322(i), Aug. 13, 1981, 95 Stat. 404, which was repealed by Puspan. L. 98–181, title I [title II, § 206(e)], Nov. 30, 1983, 97 Stat. 1181.
Puspan. L. 93–383, title II, § 202, Aug. 22, 1974, 88 Stat. 667, provided that:
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.