§ 1701q.
(e)
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—
(1)
a description of the proposed housing;
(2)
a description of the assistance the applicant seeks under this section;
(3)
a description of the resources that are expected to be made available in compliance with subsection (h);
(4)
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;
(5)
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
(6)
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.
(k)
Definitions
(1)
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.
(2)
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.
(3)
The term “owner” means a private nonprofit organization that receives assistance under this section to develop and operate supportive housing for the elderly.
(4)
The term “private nonprofit organization” means—
(A)
any incorporated private institution or foundation—
(i)
no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual;
(ii)
which has a governing board—
(I)
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
(II)
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
(iii)
which is approved by the Secretary as to financial responsibility; and
(B)
a for-profit limited partnership the sole general partner of which is—
(i)
an organization meeting the requirements under subparagraph (A);
(ii)
a for-profit corporation wholly owned and controlled by one or more organizations meeting the requirements under subparagraph (A); or
(iii)
a limited liability company wholly owned and controlled by one or more organizations meeting the requirements under subparagraph (A).
(5)
The term “State” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States.
(6)
The term “Secretary” means the Secretary of Housing and Urban Development.
(7)
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.
([Pub. L. 86–372, title II, § 202], Sept. 23, 1959, [73 Stat. 667]; [Pub. L. 87–70, title II, § 201], June 30, 1961, [75 Stat. 162]; [Pub. L. 87–723, § 3], Sept. 28, 1962, [76 Stat. 670]; [Pub. L. 88–158], Oct. 24, 1963, [77 Stat. 278]; [Pub. L. 88–560, title II], §§ 201, 203(a)(2), Sept. 2, 1964, [78 Stat. 783]; [Pub. L. 89–117, title I, § 105(a)], (b)(1), formerly § 105, Aug. 10, 1965, [79 Stat. 457], renumbered [Pub. L. 89–754, title X, § 1001(1)], (2), Nov. 3, 1966, [80 Stat. 1284]; [Pub. L. 90–19, § 16(a)], May 25, 1967, [81 Stat. 25]; [Pub. L. 90–448, title XVII, § 1706], Aug. 1, 1968, [82 Stat. 605]; [Pub. L. 91–152, title II, § 218], Dec. 24, 1969, [83 Stat. 390]; [Pub. L. 93–383, title II, § 210(a)]–(f), Aug. 22, 1974, [88 Stat. 669–671]; [Pub. L. 94–375, § 11], Aug. 3, 1976, [90 Stat. 1074]; [Pub. L. 95–128, title II, § 202], Oct. 12, 1977, [91 Stat. 1129]; [Pub. L. 95–557, title II, § 205], Oct. 31, 1978,