Supportive housing for the elderly
Purpose
The purpose of this section is to enable elderly persons to live with dignity and independence by expanding the supply of supportive housing that—
is designed to accommodate the special needs of elderly persons; and
provides a range of services that are tailored to the needs of elderly persons occupying such housing.
General authority
Forms of assistance
Capital advances
Project rental assistance
Tenant rent contribution
Term of commitment
Use limitations
Contract terms
Applications
Funds made available under this section shall be allocated by the Secretary among approvable applications submitted by private nonprofit organizations. Applications for assistance under this section shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish. Such applications shall contain—
a description of the proposed housing;
a description of the assistance the applicant seeks under this section;
a description of the resources that are expected to be made available in compliance with subsection (h);
a description of (A) the category or categories of elderly persons the housing is intended to serve; (B) the supportive services, if any, to be provided to the persons occupying such housing; (C) the manner in which such services will be provided to such persons, including, in the case of frail elderly persons, evidence of such residential supervision as the Secretary determines is necessary to facilitate the adequate provision of such services; and (D) the public or private sources of assistance that can reasonably be expected to fund or provide such services;
a certification from the public official responsible for submitting a housing strategy for the jurisdiction to be served in accordance with section 12705 of title 42 that the proposed project is consistent with the approved housing strategy; and
such other information or certifications that the Secretary determines to be necessary or appropriate to achieve the purposes of this section.
The Secretary shall not reject an application on technical grounds without giving notice of that rejection and the basis therefor to the applicant and affording the applicant an opportunity to respond.
Initial selection criteria and processing
Selection criteria
The Secretary shall establish selection criteria for assistance under this section, which shall include—
the ability of the applicant to develop and operate the proposed housing;
the need for supportive housing for the elderly in the area to be served, taking into consideration the availability of public housing for the elderly and vacancy rates in such facilities;
the extent to which the proposed size and unit mix of the housing will enable the applicant to manage and operate the housing efficiently and ensure that the provision of supportive services will be accomplished in an economical fashion;
the extent to which the proposed design of the housing will meet the special physical needs of elderly persons;
the extent to which the applicant has demonstrated that the supportive services identified in subsection (e)(4) will be provided on a consistent, long-term basis;
the extent to which the applicant has ensured that a service coordinator will be employed or otherwise retained for the housing, who has the managerial capacity and responsibility for carrying out the actions described in subparagraphs (A) and (B) of subsection (g)(2);
the extent to which the proposed design of the housing will accommodate the provision of supportive services that are expected to be needed, either initially or over the useful life of the housing, by the category or categories of elderly persons the housing is intended to serve; and
such other factors as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively.
Delegated processing
The Secretary shall establish procedures to delegate the award, review and processing of projects, selected by the Secretary in a national competition, to a State or local housing agency that—
is in geographic proximity to the property;
has demonstrated experience in and capacity for underwriting multifamily housing loans that provide housing and supportive services;
may or may not be providing low-income housing tax credits in combination with the funding under this section; and
agrees to issue a firm commitment within 12 months of delegation.
The Secretary shall retain the authority to process funding under this section in cases in which no State or local housing agency has applied to provide delegated processing pursuant to this paragraph or no such agency has entered into an agreement with the Secretary to serve as a delegated processing agency.
The Secretary shall develop a schedule for reasonable fees under this subparagraph to be paid to delegated processing agencies, which shall take into consideration any other fees to be paid to the agency for other funding provided to the project by the agency, including bonds, tax credits, and other gap funding.
Assistance under subsection (c)(2) may be provided for projects which identify in the application for assistance a defined health and other supportive services program including sources of financing the services for eligible residents and memoranda of understanding with service provision agencies and organizations to provide such services for eligible residents at their request. Such supportive services plan and memoranda of understating shall—
identify the target populations to be served by the project;
set forth methods for outreach and referral;
identify the health and other supportive services to be provided; and
identify the terms under which such services will be made available to residents of the project.
Under such delegated system, the Secretary shall retain the authority to approve rents and development costs and to execute funding under this section within 60 days of receipt of the commitment from the State or local agency. The Secretary shall provide to such agency and the project sponsor, in writing, the reasons for any reduction in funding under this section and such reductions shall be subject to appeal.
Provisions of services
In general
Local coordination of services
The Secretary shall ensure that owners have the managerial capacity to—
assess on an ongoing basis the service needs of residents;
coordinate the provision of supportive services and tailor such services to the individual needs of residents; and
seek on a continuous basis new sources of assistance to ensure the long-term provision of supportive services.
Any cost associated with this subsection shall be an eligible cost under subsection (c)(2).
Service coordinators
Development cost limitations
In general
The Secretary shall periodically establish reasonable development cost limitations by market area for various types and sizes of supportive housing for the elderly by publishing a notice of the cost limitations in the Federal Register. The cost limitations shall reflect—
the cost of construction, reconstruction, or rehabilitation of supportive housing for the elderly that meets applicable State and local housing and building codes;
the cost of movables necessary to the basic operation of the housing, as determined by the Secretary;
the cost of special design features necessary to make the housing accessible to elderly persons;
the cost of special design features necessary to make individual dwelling units meet the physical needs of elderly project residents;
the cost of congregate space necessary to accommodate the provision of supportive services to elderly project residents;
if the housing is newly constructed, the cost of meeting the energy efficiency standards promulgated by the Secretary in accordance with section 12709 of title 42; and
the cost of land, including necessary site improvement.
In establishing development cost limitations for a given market area under this subsection, the Secretary shall use data that reflect currently prevailing costs of construction, reconstruction, or rehabilitation, and land acquisition in the area. For purposes of this paragraph, the term “congregate space” shall include space for cafeterias or dining halls, community rooms or buildings, workshops, adult day health facilities, or other outpatient health facilities, or other essential service facilities. Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the community in which the project is located, except that assistance made available under this section may not be used to subsidize any such commercial facility.
Acquisition
In the case of existing housing and related facilities to be acquired, the cost limitations shall include—
the cost of acquiring such housing,
the cost of rehabilitation, alteration, conversion, or improvement, including the moderate rehabilitation thereof, and
the cost of the land on which the housing and related facilities are located.
Annual adjustments
Incentives for savings
Special housing account
The Secretary shall use the development cost limitations established under paragraph (1) or (2) to calculate the amount of financing to be made available to individual owners. Owners which incur actual development costs that are less than the amount of financing shall be entitled to retain 50 percent of the savings in a special housing account. Such percentage shall be increased to 75 percent for owners which add energy efficiency features which—
exceed the energy efficiency standards promulgated by the Secretary in accordance with section 12709 of title 42;
substantially reduce the life-cycle cost of the housing;
reduce gross rent requirements; and
enhance tenant comfort and convenience.
Uses
Design flexibility
Use of funds from other sources
Tenant selection
In general
Information regarding housing under this section
Miscellaneous provisions
Technical assistance
Civil rights compliance
Owner deposit
In general
Reduction of requirement
Notice of appeal
Labor
In general
Exemption
Subparagraph (A) shall not apply to any individual who—
performs services for which the individual volunteered;
does not receive compensation for such services; or
is paid expenses, reasonable benefits, or a nominal fee for such services; and
is not otherwise employed at any time in the construction work.
Access to residual receipts
Compliance with Housing and Community Development Act of 1992
Use of project reserves
Definitions
The term “elderly person” means a household composed of one or more persons at least one of whom is 62 years of age or more at the time of initial occupancy.
The term “frail elderly” means an elderly person who is unable to perform at least 3 activities of daily living adopted by the Secretary for purposes of this program. Owners may establish additional eligibility requirements (acceptable to the Secretary) based on the standards in local supportive services programs.
The term “owner” means a private nonprofit organization that receives assistance under this section to develop and operate supportive housing for the elderly.
The term “private nonprofit organization” means—
any incorporated private institution or foundation—
no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual;
which has a governing board—
the membership of which is selected in a manner to assure that there is significant representation of the views of the community in which such housing is located; and
which is responsible for the operation of the housing assisted under this section, except that, in the case of a nonprofit organization that is the sponsoring organization of multiple housing projects assisted under this section, the Secretary may determine the criteria or conditions under which financial, compliance and other administrative responsibilities exercised by a single-entity private nonprofit organization that is the owner corporation responsible for the operation of an individual housing project may be shared or transferred to the governing board of such sponsoring organization; and
which is approved by the Secretary as to financial responsibility; and
a for-profit limited partnership the sole general partner of which is—
an organization meeting the requirements under subparagraph (A);
a for-profit corporation wholly owned and controlled by one or more organizations meeting the requirements under subparagraph (A); or
a limited liability company wholly owned and controlled by one or more organizations meeting the requirements under subparagraph (A).
The term “State” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States.
The term “Secretary” means the Secretary of Housing and Urban Development.
The term “supportive housing for the elderly” means housing that is designed (A) to meet the special physical needs of elderly persons and (B) to accommodate the provision of supportive services that are expected to be needed, either initially or over the useful life of the housing, by the category or categories of elderly persons that the housing is intended to serve.
The term “very low-income” has the same meaning as given the term “very low-income families” under section 1437a(b)(2) of title 42.
Allocation of funds
Capital advances
Project rental assistance
Nonmetropolitan allocation
Authorization of appropriations
22 So in original. Probably should be “(n)”. Authorization of appropriations
Source
(Pub. L. 86–372, title II, § 202,Notes
References in Text
Codification
Amendments
Effective Date of 2000 Amendment
In General.—
The provisions of this title [see section 801 of Pub. L. 106–569, set out as a Short Title of 2000 Amendment note under section 1701 of this title] and the amendments made by this title are effective as of the date of the enactment of this Act [
Effect of Regulatory Authority.—
Any authority in this title or the amendments made by this title to issue regulations, and any specific requirement to issue regulations by a date certain, may not be construed to affect the effectiveness or applicability of the provisions of this title or the amendments made by this title under such provisions and amendments and subsection (a) of this section.”
Effective Date of 1999 Amendment
In General.—
The provisions of this title [see Short Title of 1999 Amendment note set out under section 1701 of this title] and the amendments made by this title are effective as of the date of the enactment of this Act [
Effect of Regulatory Authority.—
Any authority in this title or the amendments made by this title to issue regulations, and any specific requirement to issue regulations by a date certain, may not be construed to affect the effectiveness or applicability of the provisions of this title or the amendments made by this title under such provisions and amendments and subsection (a) of this section.”
Effective Date of 1992 Amendment
Effective Date of 1990 Amendments
Effective Date of 1988 Amendment
Except as otherwise provided in this section, the provisions of, and amendments made by, this section [amending this section and enacting and repealing provisions set out as notes below] shall not apply with respect to projects with loans or loan reservations made under section 202 of the Housing Act of 1959 [this section] before the implementation date under subsection (e) [section 162(e) of Pub. L. 100–242 set out below].
Notwithstanding paragraph (1), the Secretary shall apply the provisions of, and amendments made by, this section to any project if needed to facilitate the development of such project in a timely manner.”
Effective and Termination Dates of 1983 Amendment
Effective Date of 1981 Amendment
Effective Date of 1965 Amendment
Effective Date of 1962 Amendment
Regulations
Rental Assistance Contract Obligations
Intergenerational Housing Assistance
SHORT TITLE.
DEFINITIONS.
“In this title:
Child.—
The term ‘child’ means an individual who—
is not attending school and is not more than 18 years of age; or
is attending school and is not more than 19 years of age.
Covered family.—
The term ‘covered family’ means a family that—
includes a child; and
has a head of household who is—
a grandparent of the child who is raising the child; or
a relative of the child who is raising the child.
Elderly person.—
The term ‘elderly person’ has the same meaning as in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)).
Grandparent.—
In general.—
The term ‘grandparent’ means, with respect to a child, an individual who is a grandparent or stepgrandparent of the child by blood or marriage, regardless of the age of such individual.
Case of adoption.—
In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a grandparent or stepgrandparent of the child as adopted.
Intergenerational dwelling unit.—
The term ‘intergenerational dwelling unit’ means a qualified dwelling unit that is reserved for occupancy only by an intergenerational family.
Intergenerational family.—
The term ‘intergenerational family’ means a covered family that has a head of household who is an elderly person.
Private nonprofit organization.—
The term ‘private nonprofit organization’ has the same meaning as in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)).
Qualified dwelling unit.—
The term ‘qualified dwelling unit’ means a dwelling unit that—
has not fewer than 2 separate bedrooms;
is equipped with design features appropriate to meet the special physical needs of elderly persons, as needed; and
is equipped with design features appropriate to meet the special physical needs of young children, as needed.
Raising a child.—
The term ‘raising a child’ means, with respect to an individual, that the individual—
resides with the child; and
is the primary caregiver for the child—
because the biological or adoptive parents of the child do not reside with the child or are unable or unwilling to serve as the primary caregiver for the child; and
regardless of whether the individual has a legal relationship to the child (such as guardianship or legal custody) or is caring for the child informally and has no such legal relationship with the child.
Relative.—
In general.—
The term ‘relative’ means, with respect to a child, an individual who—
is not a parent of the child by blood or marriage; and
is a relative of the child by blood or marriage, regardless of the age of the individual.
Case of adoption.—
In the case of a child who was adopted, the term ‘relative’ includes an individual who, by blood or marriage, is a relative of the family who adopted the child.
Secretary.—
The term ‘Secretary’ means the Secretary of Housing and Urban Development.
DEMONSTRATION PROGRAM FOR ELDERLY HOUSING FOR INTERGENERATIONAL FAMILIES.
Demonstration Program.—
The Secretary shall carry out a demonstration program (referred to in this section as the ‘demonstration program’) to provide assistance for intergenerational dwelling units for intergenerational families in connection with the supportive housing program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q).
Intergenerational Dwelling Units.—
The Secretary shall provide assistance under this section only to private nonprofit organizations selected under subsection (d) for use only for expanding the supply of intergenerational dwelling units, which units shall be provided—
by designating and retrofitting, for use as intergenerational dwelling units, existing dwelling units that are located within a project assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
through development of buildings or projects comprised solely of intergenerational dwelling units; or
through the development of an annex or addition to an existing project assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), that contains intergenerational dwelling units, including through the development of elder cottage housing opportunity units that are small, freestanding, barrier free, energy efficient, removable dwelling units located adjacent to a larger project or dwelling.
Program Terms.—
Assistance provided pursuant to this section shall be subject to the provisions of section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), except that—
notwithstanding subsection (d)(1) of that section 202 or any provision of that section restricting occupancy to elderly persons, any intergenerational dwelling unit assisted under the demonstration program may be occupied by an intergenerational family;
subsections (e) and (f) of that section 202 shall not apply;
in addition to the requirements under subsection (g) of that section 202, the Secretary shall—
ensure that occupants of intergenerational dwelling units assisted under the demonstration program are provided a range of services that are tailored to meet the needs of elderly persons, children, and intergenerational families; and
coordinate with the heads of other Federal agencies as may be appropriate to ensure the provision of such services; and
the Secretary may waive or alter any other provision of that section 202 necessary to provide for assistance under the demonstration program.
Selection.—
The Secretary shall—
establish application procedures for private nonprofit organizations to apply for assistance under this section; and
to the extent that amounts are made available pursuant to subsection (f), select not less than 2 and not more than 4 projects that are assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for assistance under this section, based on the ability of the applicant to develop and operate intergenerational dwelling units and national geographical diversity among those projects funded.
Report.—
Not later than 36 months after the date of enactment of this Act [
describes the demonstration program; and
analyzes the effectiveness of the demonstration program.
Authorization of Appropriations.—
There are authorized to be appropriated $10,000,000 to carry out this section.
Sunset.—
The demonstration program carried out under this section shall terminate 5 years after the date of enactment of this Act.
TRAINING FOR HUD PERSONNEL REGARDING GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES ISSUES.
STUDY OF HOUSING NEEDS OF GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES.
In General.—
The Secretary and the Director of the Bureau of the Census jointly shall—
conduct a study to determine an estimate of the number of covered families in the United States and their affordable housing needs; and
submit a report to Congress regarding the results of the study conducted under paragraph (1).
Report and Recommendations.—
The report required under subsection (a) shall—
be submitted to Congress not later than 12 months after the date of enactment of this Act [
include recommendations by the Secretary and the Director of the Bureau of the Census regarding how the major assisted housing programs of the Department of Housing and Urban Development, including the supportive housing for the elderly program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) can be used and, if appropriate, amended or altered, to meet the affordable housing needs of covered families.”
Prepayment and Refinancing
Approval of Prepayment of Debt.—
Upon request of the project sponsor of a project assisted with a loan under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q](as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act [Pub. L. 101–625, which was approved
the project sponsor agrees to operate the project until at least 20 years following the maturity date of the original loan under terms at least as advantageous to existing and future tenants as the terms required by the original loan agreement or any project-based rental assistance payments contract under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] (or any other project-based rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)), or any successor project-based rental assistance program, relating to the project; and
the prepayment may involve refinancing of the loan if such refinancing results in—
a lower interest rate on the principal of the loan for the project and in reductions in debt service related to such loan; or
a transaction in which the project owner will address the physical needs of the project, but only if, as a result of the refinancing—
the rent charges for unassisted families residing in the project do not increase or such families are provided rental assistance under a senior preservation rental assistance contract for the project pursuant to subsection (e); and
the overall cost for providing rental assistance under section 8 for the project (if any) is not increased, except, upon approval by the Secretary to—
mark-up-to-market contracts pursuant to section 524(a)(3) of the Multifamily Assisted Housing Reform and Affordability Act [of 1997] [Pub. L. 105–65] (42 U.S.C. 1437f note), as such section is carried out by the Secretary for properties owned by nonprofit organizations; or
mark-up-to-budget contracts pursuant to section 524(a)(4) of the Multifamily Assisted Housing Reform and Affordability Act (42 U.S.C. 1437f note), as such section is carried out by the Secretary for properties owned by eligible owners (as such term is defined in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)); and
notwithstanding paragraph (2)(A), the prepayment and refinancing authorized pursuant to paragraph (2)(B) involves an increase in debt service only in the case of a refinancing of a project assisted with a loan under such section 202 carrying an interest rate of 6 percent or lower.
Sources of Refinancing.—
In the case of prepayment under this section involving refinancing, the project sponsor may refinance the project through any third party source, including financing by State and local housing finance agencies, use of tax-exempt bonds, multi-family mortgage insurance under the National Housing Act [12 U.S.C. 1701 et seq.], reinsurance, or other credit enhancements, including risk sharing as provided under section 542 of the Housing and Community Development Act of 1992 [12 U.S.C. 1715z–22]([former] 12 U.S.C. 1707 note). For purposes of underwriting a loan insured under the National Housing Act, the Secretary may assume that any section 8 rental assistance contract relating to a project will be renewed for the term of such loan.
Use of Proceeds.—
Upon execution of the refinancing for a project pursuant to this section, the Secretary shall ensure that proceeds are used in a manner advantageous to tenants of the project, or are used in the provision of affordable rental housing and related social services for elderly persons that are tenants of the project or are tenants of other HUD-assisted senior housing by the private nonprofit organization project owner, private nonprofit organization project sponsor, or private nonprofit organization project developer, including—
not more than 15 percent of the cost of increasing the availability or provision of supportive services, which may include the financing of service coordinators and congregate services, except that upon the request of the non-profit owner, sponsor, or organization and determination of the Secretary, such 15 percent limitation may be waived to ensure that the use of unexpended amounts better enables seniors to age in place;
rehabilitation, modernization, or retrofitting of structures, common areas, or individual dwelling units, including reducing the number of units by reconfiguring units that are functionally obsolete, unmarketable, or not economically viable;
construction of an addition or other facility in the project, including assisted living facilities (or, upon the approval of the Secretary, facilities located in the community where the project sponsor refinances a project under this section, or pools shared resources from more than one such project);
rent reduction of unassisted tenants residing in the project;
rehabilitation of the project to ensure long-term viability; and
the payment to the project owner, sponsor, or third party developer of a developer’s fee in an amount not to exceed or duplicate—
in the case of a project refinanced through a State low income housing tax credit program, the fee permitted by the low income housing tax credit program as calculated by the State program as a percentage of acceptable development cost as defined by that State program; or
in the case of a project refinanced through any other source of refinancing, 15 percent of the acceptable development cost.
Use of Certain Project Funds.—
The Secretary shall allow a project sponsor that is prepaying and refinancing a project under this section—
to use any residual receipts held for that project in excess of $500 per individual dwelling unit for the cost of activities designed to increase the availability or provision of supportive services or other purposes approved by the Secretary; and
to use any reserves for replacement in excess of $1,000 per individual dwelling unit for activities described in paragraphs (2) and (3) of subsection (c).
Senior Preservation Rental Assistance Contracts.—
Notwithstanding any other provision of law, in connection with a prepayment plan for a project approved under subsection (a) by the Secretary or as otherwise approved by the Secretary to prevent displacement of elderly residents of the project in the case of refinancing or recapitalization and to further preservation and affordability of such project, the Secretary shall provide project-based rental assistance for the project under a senior preservation rental assistance contract, as follows:
Assistance under the contract shall be made available to the private nonprofit organization owner—
for a term of at least 20 years, subject to annual appropriations; and
under the same rules governing project-based rental assistance made available under section 8 of the Housing Act of 1937 [42 U.S.C. 1437f] or under the rules of such assistance as may be made available for the project.
Any projects for which a senior preservation rental assistance contract is provided shall be subject to a use agreement to ensure continued project affordability having a term of the longer of (A) the term of the senior preservation rental assistance contract, or (B) such term as is required by the new financing.
Subordination or Assumption of Existing Debt.—
In lieu of prepayment under this section of the indebtedness with respect to a project, the Secretary may approve—
in connection with new financing for the project, the subordination of the loan for the project under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q] (as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act [Pub. L. 101–625, which was approved
the assumption (which may include the subordination described in paragraph (1)) of the loan for the project under such section 202 in connection with the transfer of the project with such a loan to a private nonprofit organization.
Flexible Subsidy Debt.—
The Secretary shall waive the requirement that debt for a project pursuant to the flexible subsidy program under section 201 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1715z–1a) be prepaid in connection with a prepayment, refinancing, or transfer under this section of a project if the financial transaction or refinancing cannot be completed without the waiver.
Tenant Involvement in Prepayment and Refinancing.—
The Secretary shall not accept an offer to prepay the loan for any project under section 202 of the Housing Act of 1959 unless the Secretary—
has determined that the owner of the project has notified the tenants of the owner’s request for approval of a prepayment; and
has determined that the owner of the project has provided the tenants with an opportunity to comment on the owner’s request for approval of a prepayment, including on the description of any anticipated rehabilitation or other use of the proceeds from the transaction, and its impacts on project rents, tenant contributions, or the affordability restrictions for the project, and that the owner has responded to such comments in writing.
Definition of Private Nonprofit Organization.—
For purposes of this section, the term ‘private nonprofit organization’ has the meaning given such term in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)).”
Consideration of Costs of Providing Service Coordinators in Determining Amount of Housing Assistance
Availability of section 8 assistance.—
Subject to the availability of appropriations for contract amendments for the purpose of this paragraph, in determining the amount of assistance under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] to be provided for a project assisted under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q], as in effect before the effectiveness of the amendments made by section 801 of the Cranston-Gonzalez National Affordable Housing Act [Pub. L. 101–625, see Effective Date of 1990 Amendment note above], the Secretary shall consider (and annually adjust for) the costs of—
employing or otherwise retaining the services of one or more service coordinators under section 661 [671] of this Act [42 U.S.C. 13631] to coordinate the provision of any services within the project for residents of the project who are elderly families and disabled families; and
expenses for the provision of such services.
Not more than 15 percent of the cost of the provision of services under subparagraph (B) may be considered under this paragraph for purposes of determining the amount of assistance provided.
Inapplicability of hud reform act provisions.—
Notwithstanding section 102 of the Department of Housing and Urban Development Reform Act of 1989 [42 U.S.C. 3545], the provisions of paragraphs (1), (2), and (3) of subsection (a) of such section shall not apply to amendments to contracts under section 8 of the United States Housing Act of 1937 made to carry out the purposes of paragraph (1) of this subsection.
Limitation.—
If a project is receiving congregate housing services assistance under the Congregate Housing Services Act of 1978 [42 U.S.C. 8001 et seq.] or section 802 of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 8011], the amount of costs provided pursuant to paragraph (1) for the project may not exceed the additional amount necessary to cover the costs of providing for the coordination of services for residents of the project who are not eligible residents under such section 802 or eligible project residents under the Congregate Housing Services Act of 1978, as applicable.”
Expedited Financing and Construction
In general.—
The Secretary may, subject to the availability of appropriations for contract amendments for the purposes of this subsection—
provide such adjustments and waivers to the cost limitations specified under 24 CFR 885.410(a)(1); and
make such adjustments to the relevant fair market rent limitations established under section 8(c)(1) of the United States Housing Act of 1937 [42 U.S.C. 1437f(c)(1)] in providing assistance under such Act,
as are necessary to ensure the expedited financing and construction of qualified supportive housing for the elderly provided that the Secretary finds that any applicable cost containment rules and regulations have been satisfied.
Definition.—
For purposes of this subsection, the term ‘supportive housing for the elderly’ means housing—
located in a high-cost jurisdiction; and
for which a loan reservation was made under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q], 3 years before the date of enactment of this Act [
Feasibility of Including Elder Cottage Housing Opportunity Units as Eligible Development Costs
In general.—
The Secretary of Housing and Urban Development shall carry out a program to determine the feasibility of including, as an eligible development cost under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q], the cost of purchasing and installing elder cottage housing opportunity units that are small, freestanding, barrier-free, energy efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings. In conducting the demonstration, the Secretary shall determine whether the durability of such units is appropriate for making such units generally eligible for assistance under the programs under such sections.
Allocation.—
Notwithstanding any other law, the Secretary shall reserve from any amounts available for capital advances and project rental assistance under section 202 of the Housing Act of 1959, amounts sufficient in each of fiscal years 1993 and 1994 to provide not less than 100 units under the demonstration under this subsection in connection with each such section. Any amounts reserved under this paragraph shall be available only for carrying out the demonstration under this subsection and, for purposes of the demonstration, the cost of purchasing and installing an elder cottage housing opportunity unit shall be considered an eligible development cost under sections [sic] 202 of the Housing Act of 1959.
Report.—
Not later than
Implementation.—
The Secretary shall issue regulations to carry out the demonstration under this subsection not later than the expiration of the 6-month period beginning on the date of the enactment of the Housing and Community Development Act of 1992 [
Preferences for Native Hawaiians on Hawaiian Home Lands Under HUD Programs
Findings and Purpose of 1988 Amendment
The Congress finds that—
housing for nonelderly handicapped families is assisted under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q] and section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f];
the housing programs under such sections are designed and implemented primarily to assist rental housing for elderly and nonelderly families and are often inappropriate for dealing with the specialized needs of the physically impaired, the developmentally disabled, and the chronically mentally ill;
the development of housing for nonelderly handicapped families under such programs is often more expensive than necessary, thereby reducing the number of such families that can be assisted with available funds;
the program under section 202 of the Housing Act of 1959 can continue to provide direct loans to finance group residences and independent apartments for nonelderly handicapped families, but can be made more efficient and less costly by the adoption of standards and procedures applicable only to housing for such families;
the cost containment policies currently being implemented in the development of small group homes (i) do not adequately reflect the necessity for building designs to meet the needs of the designated residents; and (ii) do not recognize necessary State and local standards for the operation of such homes;
the use of the program under section 8 of the United States Housing Act of 1937 to assist rentals for housing for nonelderly handicapped families is time consuming and unnecessarily costly and, in some areas of the Nation, prevents the development of such housing;
the use of the program under section 8 of the United States Housing Act of 1937 to assist rentals for housing for nonelderly handicapped families should be replaced by a more appropriate subsidy mechanism;
both elderly and handicapped housing projects assisted under section 202 of the Housing Act of 1959 will benefit from an increased emphasis on supportive services and a greater use of State and local funds; and
an improved program for nonelderly handicapped families will assist in providing shelter and supportive services for mentally ill persons who might otherwise be homeless.
The purpose of this section is to improve the direct loan program under section 202 of the Housing Act of 1959 to ensure that such program meets the special housing and related needs of nonelderly handicapped families.”
Termination of Section 8 Assistance
Implementation of 1988 Amendment
Housing for the Elderly or Handicapped Fund
Reports Respecting Elderly and Handicapped Housing Programs in Rural Areas, Etc.
Feasibility and Marketability of Projects; Assistance for Projects Servicing Low- and Moderate-Income Families
In determining the feasibility and marketability of a project under section 202 of the Housing Act of 1959 [this section], the Secretary shall consider the availability of monthly assistance payments pursuant to section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] with respect to such a project.
The Secretary shall insure that with the original approval of a project authorized pursuant to section 202 of the Housing Act of 1959, and thereafter at each annual revision of the assistance contract under section 8 of the United States Housing Act of 1937 with respect to units in such project, the project will serve both low- and moderate-income families in a mix which he determines to be appropriate for the area and for viable operation of the project; except that the Secretary shall not permit maintenance of vacancies to await tenants of one income level where tenants of another income level are available.”