42 USC 1437n - Eligibility for assisted housing

U.S Code last checked for updates: Apr 29, 2024

§ 1437n.

Eligibility for assisted housing

(a)

Income eligibility for public housing

(1)

Income mix within projects

(2)

PHA income mix

(A)

 So in original. No subpar. (B) has been enacted.

Targeting.—

Except as provided in paragraph (4), of the public housing dwelling units of a public housing agency made available for occupancy in any fiscal year by eligible families, not less than 40 percent shall be occupied by extremely low-income families.

(3)

Prohibition of concentration of low-income families

(A)

Prohibition

(B)

Deconcentration

(i)

In general

(ii)

Incentives

(iii)

Family choice

(4)

Fungibility with tenant-based assistance

(A)

Authority

(B)

Credit for exceeding tenant-based assistance targeting requirement

Subject to subparagraph (C), the credit number under this subparagraph for a public housing agency for a fiscal year shall be the number by which—

(i)

the aggregate number of qualified families who, in such fiscal year, are initially provided tenant-based assistance under section 1437f of this title by the agency; exceeds

(ii)

the number of qualified families that is required for the agency to comply with the percentage requirement under subsection (b)(1) for such fiscal year.

(C)

Limitations on credit number

The credit number under subparagraph (B) for a public housing agency for a fiscal year may not in any case exceed the lesser of—

(i)

the number of dwelling units that is equivalent to 10 percent of the aggregate number of families initially provided tenant-based assistance under section 1437f of this title by the agency in such fiscal year; or

(ii)

the number of public housing dwelling units of the agency that—

(I)

are in projects that are located in census tracts having a poverty rate of 30 percent or more; and

(II)

are made available for occupancy during such fiscal year and are actually filled only by families whose incomes at the time of commencement of such occupancy exceed 30 percent of the area median income, as determined by the Secretary with adjustments for smaller and larger families.

(D)

Fungibility floor

(E)

Qualified family

(5)

Limitations on tenancy for over-income families

(A)

Limitations

Except as provided in subparagraph (D), in the case of any family residing in a dwelling unit of public housing whose income for the most recent two consecutive years, as determined pursuant to income reviews conducted pursuant to section 1437a(a)(6) of this title, has exceeded the applicable income limitation under subparagraph (C), the public housing agency shall—

(i)

notwithstanding any other provision of this chapter, charge such family as monthly rent for the unit occupied by such family an amount equal to the greater of—

(I)

the applicable fair market rental established under section 1437f(c) of this title for a dwelling unit in the same market area of the same size; or

(II)

the amount of the monthly subsidy provided under this chapter for the dwelling unit, which shall include any amounts from the Operating Fund and Capital Fund under section 1437g of this title used for the unit, as determined by the agency in accordance with regulations that the Secretary shall issue to carry out this subclause; or

(ii)

terminate the tenancy of such family in public housing not later than 6 months after the income determination described in subparagraph (A).

(B)

Notice

(C)

Income limitation

(D)

Exception

(E)

Reports on over-income families and waiting lists

The Secretary shall require that each public housing agency shall—

(i)

submit a report annually, in a format required by the Secretary, that specifies—

(I)

the number of families residing, as of the end of the year for which the report is submitted, in public housing administered by the agency who had incomes exceeding the applicable income limitation under subparagraph (C); and

(II)

the number of families, as of the end of such year, on the waiting lists for admission to public housing projects of the agency; and

(ii)

make the information reported pursuant to clause (i) publicly available.

(b)

Income eligibility for tenant-based section 1437f assistance

(1)

In general

(2)

Jurisdictions served by multiple PHAs

(c)

Income eligibility for project-based section 1437f assistance

(1)

Pre-1981 act projects

(2)

Post-1981 act projects

(3)

Targeting

(4)

Prohibition of skipping

(5)

Exception

(6)

Definition

For purposes of this subsection, the term “project-based assistance” means assistance under any of the following programs:

(A)

The new construction or substantial rehabilitation program under section 1437f(b)(2) of this title (as in effect before October 1, 1983).

(B)

The property disposition program under section 1437f(b) of this title (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998).

(C)

The loan management set-aside program under subsections (b) and (v) of section 1437f of this title.

(D)

The project-based certificate program under section 1437f(d)(2) of this title.

(E)

The moderate rehabilitation program under section 1437f(e)(2) of this title (as in effect before October 1, 1991).

(F)

The low-income housing preservation program under Low-Income Housing Preservation and Resident Homeownership Act of 1990 [12 U.S.C. 4101 et seq.] or the provisions of the Emergency Low Income Housing Preservation Act of 1987 (as in effect before November 28, 1990).

(G)

Section 1437f of this title

(as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998), following conversion from assistance under

(d)

Establishment of different standards

(e)

Eligibility for assistance based on assets

(1)

Limitation on assets

Subject to paragraph (3) and notwithstanding any other provision of this chapter, a dwelling unit assisted under this chapter may not be rented and assistance under this chapter may not be provided, either initially or at each recertification of family income, to any family—

(A)

whose net family assets exceed $100,000, as such amount is adjusted annually by applying an inflationary factor as the Secretary considers appropriate; or

(B)

who has a present ownership interest in, a legal right to reside in, and the effective legal authority to sell, real property that is suitable for occupancy by the family as a residence, except that the prohibition under this subparagraph shall not apply to—

(i)

any property for which the family is receiving assistance under subsection (y) or (o)(12) of section 1437f of this title;

(ii)

any person that is a victim of domestic violence; or

(iii)

any family that is offering such property for sale.

(2)

Net family assets

(A)

In general

(B)

Exclusions

Such term does not include—

(i)

the value of personal property, except for items of personal property of significant value, as the Secretary may establish or the public housing agency may determine;

(ii)

the value of any retirement account;

(iii)

real property for which the family does not have the effective legal authority necessary to sell such property;

(iv)

any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a member of the family and arising out of law, that resulted in a member of the family being disabled;

(v)

the value of any Coverdell education savings account under section 530 of title 26 or any qualified tuition program under section 529 of such title; and

(vi)

such other exclusions as the Secretary may establish.

(C)

Trust funds

(3)

Self-certification

(A)

Net family assets

(B)

No current real property ownership

(C)

Standardized forms

(4)

Compliance for public housing dwelling units

(5)

Enforcement

(6)

Authority to delay evictions

(7)

Verifying income

(A)

Beginning in fiscal year 2018, the Secretary shall require public housing agencies to require each applicant for, or recipient of, benefits under this chapter to provide authorization by the applicant or recipient (or by any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient for such benefits) for the public housing agency to obtain (subject to the cost reimbursement requirements of section 1115(a) of the Right to Financial Privacy Act [12 U.S.C. 3415]) from any financial institution (within the meaning of section 1101(1) of such Act [12 U.S.C. 3401(1)]) any financial record (within the meaning of section 1101(2) of such Act [12 U.S.C. 3401(2)]) held by the institution with respect to the applicant or recipient (or any such other person) whenever the public housing agency determines the record is needed in connection with a determination with respect to such eligibility or the amount of such benefits.

(B)

Notwithstanding section 1104(a)(1) of the Right to Financial Privacy Act [12 U.S.C. 3404(a)(1)], an authorization provided by an applicant or recipient (or any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient) pursuant to subparagraph (A) of this paragraph shall remain effective until the earliest of—

(i)

the rendering of a final adverse decision on the applicant’s application for eligibility for benefits under this chapter;

(ii)

the cessation of the recipient’s eligibility for benefits under this chapter; or

(iii)

the express revocation by the applicant or recipient (or such other person referred to in subparagraph (A)) of the authorization, in a written notification to the Secretary.

(C)

(i)

An authorization obtained by the public housing agency pursuant to this paragraph shall be considered to meet the requirements of the Right to Financial Privacy Act [12 U.S.C. 3401 et seq.] for purposes of section 1103(a) of such Act [12 U.S.C. 3403(a)], and need not be furnished to the financial institution, notwithstanding section 1104(a) of such Act [12 U.S.C. 3404(a)].

(ii)

The certification requirements of section 1103(b) of the Right to Financial Privacy Act [12 U.S.C. 3403(b)] shall not apply to requests by the public housing agency pursuant to an authorization provided under this clause.

(iii)

A request by the public housing agency pursuant to an authorization provided under this clause is deemed to meet the requirements of section 1104(a)(3) of the Right to Financial Privacy Act [12 U.S.C. 3404(a)(3)] and the flush language of section 1102 of such Act [12 U.S.C. 3402].

(iv)

The public housing agency shall inform any person who provides authorization pursuant to this paragraph of the duration and scope of the authorization.

(D)

If an applicant for, or recipient of, benefits under this chapter (or any such other person referred to in subparagraph (A)) refuses to provide, or revokes, any authorization made by the applicant or recipient for the public housing agency to obtain from any financial institution any financial record, the public housing agency may, on that basis, determine that the applicant or recipient is ineligible for benefits under this subchapter.

(f)

Ineligibility of individuals convicted of manufacturing or producing methamphetamine on the premises

Notwithstanding any other provision of law, a public housing agency shall establish standards for occupancy in public housing dwelling units and assistance under section 1437f of this title that—

(1)

permanently prohibit occupancy in any public housing dwelling unit by, and assistance under section 1437f of this title for, any person who has been convicted of manufacturing or otherwise producing methamphetamine on the premises in violation of any Federal or State law; and

(2)

immediately and permanently terminate the tenancy in any public housing unit of, and the assistance under section 1437f of this title for, any person who is convicted of manufacturing or otherwise producing methamphetamine on the premises in violation of any Federal or State law.

(Sept. 1, 1937, ch. 896, title I, § 16, as added Pub. L. 97–35, title III, § 323, Aug. 13, 1981, 95 Stat. 404; amended Pub. L. 98–181, title I [title II, § 213], Nov. 30, 1983, 97 Stat. 1184; Pub. L. 100–242, title I, §§ 103, 112(b)(8), Feb. 5, 1988, 101 Stat. 1822, 1824; renumbered title I, Pub. L. 100–358, § 5, June 29, 1988, 102 Stat. 681; Pub. L. 100–628, title X, § 1001(a), Nov. 7, 1988, 102 Stat. 3263; Pub. L. 101–625, title V, §§ 511, 572(1), Nov. 28, 1990, 104 Stat. 4194, 4236; Pub. L. 102–550, title I, § 105, Oct. 28, 1992, 106 Stat. 3684; Pub. L. 104–99, title IV, § 402(d)(6)(A)(v), Jan. 26, 1996, 110 Stat. 42; Pub. L. 104–120, § 9(d), Mar. 28, 1996, 110 Stat. 837; Pub. L. 104–330, title V, § 501(b)(7), Oct. 26, 1996, 110 Stat. 4042; Pub. L. 105–276, title IV, § 428, title V, §§ 513(a), 576(d)(2), Oct. 21, 1998, 112 Stat. 2511, 2543, 2640; Pub. L. 105–277, div. A, § 123, Oct. 21, 1998, 112 Stat. 2681–546; Pub. L. 106–74, title II, § 205, Oct. 20, 1999, 113 Stat. 1069; Pub. L. 113–76, div. L, title II, § 238(b), Jan. 17, 2014, 128 Stat. 635; Pub. L. 114–201, title I, §§ 103, 104, July 29, 2016, 130 Stat. 792, 793.)

cite as: 42 USC 1437n