42 USC 1437v - Demolition, site revitalization, replacement housing, and tenant-based assistance grants for projects

U.S Code last checked for updates: May 03, 2024

§ 1437v.

Demolition, site revitalization, replacement housing, and tenant-based assistance grants for projects

(a)

Purposes

The purpose of this section is to provide assistance to public housing agencies for the purposes of—

(1)

improving the living environment for public housing residents of severely distressed public housing projects through the demolition, rehabilitation, reconfiguration, or replacement of obsolete public housing projects (or portions thereof);

(2)

revitalizing sites (including remaining public housing dwelling units) on which such public housing projects are located and contributing to the improvement of the surrounding neighborhood;

(3)

providing housing that will avoid or decrease the concentration of very low-income families; and

(4)

building sustainable communities.

It is also the purpose of this section to provide assistance to smaller communities for the purpose of facilitating the development of affordable housing for low-income families that is undertaken in connection with a main street revitalization or redevelopment project in such communities.

(b)

Grant authority

(c)

Contribution requirement

(1)

In general

The Secretary may not make any grant under this section to any applicant unless the applicant certifies to the Secretary that the applicant will—

(A)

supplement the aggregate amount of assistance provided under this section with an amount of funds from sources other than this section equal to not less than 5 percent of the amount provided under this section; and

(B)

in addition to supplemental amounts provided in accordance with subparagraph (A), if the applicant uses more than 5 percent of the amount of assistance provided under this section for services under subsection (d)(1)(L), provide supplemental funds from sources other than this section in an amount equal to the amount so used in excess of 5 percent.

(2)

Supplemental funds

(3)

Exemption

(d)

Eligible activities

(1)

In general

Grants under this section may be used for activities to carry out revitalization programs for severely distressed public housing, including—

(A)

architectural and engineering work;

(B)

redesign, rehabilitation, or reconfiguration of a severely distressed public housing project, including the site on which the project is located;

(C)

the demolition, sale, or lease of the site, in whole or in part;

(D)

covering the administrative costs of the applicant, which may not exceed such portion of the assistance provided under this section as the Secretary may prescribe;

(E)

payment of reasonable legal fees;

(F)

providing reasonable moving expenses for residents displaced as a result of the revitalization of the project;

(G)

economic development activities that promote the economic self-sufficiency of residents under the revitalization program, including a Neighborhood Networks initiative for the establishment and operation of computer centers in public housing for the purpose of enhancing the self-sufficiency, employability, an 1

 So in original. Probably should be “and”.

economic self-reliance of public housing residents by providing them with onsite computer access and training resources;

(H)

necessary management improvements;

(I)

leveraging other resources, including additional housing resources, retail supportive services, jobs, and other economic development uses on or near the project that will benefit future residents of the site;

(J)

replacement housing (including appropriate homeownership downpayment assistance for displaced residents or other appropriate replacement homeownership activities) and rental assistance under section 1437f of this title;

(K)

transitional security activities; and

(L)

necessary supportive services, except that not more than 15 percent of the amount of any grant may be used for activities under this paragraph.

(2)

Endowment trust for supportive services

(e)

Application and selection

(1)

Application

(2)

Selection criteria

The Secretary shall establish criteria for the award of grants under this section and shall include among the factors—

(A)

the relationship of the grant to the public housing agency plan for the applicant and how the grant will result in a revitalized site that will enhance the neighborhood in which the project is located and enhance economic opportunities for residents;

(B)

the capability and record of the applicant public housing agency, or any alternative management entity for the agency, for managing redevelopment or modernization projects, meeting construction timetables, and obligating amounts in a timely manner;

(C)

the extent to which the applicant could undertake such activities without a grant under this section;

(D)

the extent of involvement of residents, State and local governments, private service providers, financing entities, and developers, in the development and ongoing implementation of a revitalization program for the project, except that the Secretary may not award a grant under this section unless the applicant has involved affected public housing residents at the beginning and during the planning process for the revitalization program, prior to submission of an application;

(E)

the need for affordable housing in the community;

(F)

the supply of other housing available and affordable to families receiving tenant-based assistance under section 1437f of this title;

(G)

the amount of funds and other resources to be leveraged by the grant;

(H)

the extent of the need for, and the potential impact of, the revitalization program;

(I)

the extent to which the plan minimizes permanent displacement of current residents of the public housing site who wish to remain in or return to the revitalized community and provides for community and supportive services to residents prior to any relocation;

(J)

the extent to which the plan sustains or creates more project-based housing units available to persons eligible for public housing in markets where the plan shows there is demand for the maintenance or creation of such units;

(K)

the extent to which the plan gives to existing residents priority for occupancy in dwelling units which are public housing dwelling units, or for residents who can afford to live in other units, priority for those units in the revitalized community; and

(L)

such other factors as the Secretary considers appropriate.

(3)

Applicability of selection criteria

(f)

Cost limits

Subject to the provisions of this section, the Secretary—

(1)

shall establish cost limits on eligible activities under this section sufficient to provide for effective revitalization programs; and

(2)

may establish other cost limits on eligible activities under this section.

(g)

Disposition and replacement

(h)

Administration by other entities

(i)

Withdrawal of funding

(j)

Definitions

For purposes of this section, the following definitions shall apply:

(1)

Applicant

The term “applicant” means—

(A)

any public housing agency that is not designated as troubled pursuant to section 1437d(j)(2) of this title;

(B)

any public housing agency for which a private housing management agent has been selected, or a receiver has been appointed, pursuant to section 1437d(j)(3) of this title; and

(C)

any public housing agency that is designated as troubled pursuant to section 1437d(j)(2) of this title and that—

(i)

is so designated principally for reasons that will not affect the capacity of the agency to carry out a revitalization program;

(ii)

is making substantial progress toward eliminating the deficiencies of the agency; or

(iii)

is otherwise determined by the Secretary to be capable of carrying out a revitalization program.

(2)

Severely distressed public housing

The term “severely distressed public housing” means a public housing project (or building in a project)—

(A)

that—

(i)

requires major redesign, reconstruction or redevelopment, or partial or total demolition, to correct serious deficiencies in the original design (including inappropriately high population density), deferred maintenance, physical deterioration or obsolescence of major systems and other deficiencies in the physical plant of the project;

(ii)

is a significant contributing factor to the physical decline of and disinvestment by public and private entities in the surrounding neighborhood;

(iii)

(I)

is occupied predominantly by families who are very low-income families with children, are unemployed, and dependent on various forms of public assistance;

(II)

has high rates of vandalism and criminal activity (including drug-related criminal activity) in comparison to other housing in the area; or

(III)

is lacking in sufficient appropriate transportation, supportive services, economic opportunity, schools, civic and religious institutions, and public services, resulting in severe social distress in the project;

(iv)

cannot be revitalized through assistance under other programs, such as the program for capital and operating assistance for public housing under this chapter, or the programs under sections 1437g and 1437l of this title (as in effect before the effective date under under 2

 So in original.

section 503(a) 2 the Quality Housing and Work Responsibility Act of 1998), because of cost constraints and inadequacy of available amounts; and

(v)

in the case of individual buildings, is, in the Secretary’s determination, sufficiently separable from the remainder of the project of which the building is part to make use of the building feasible for purposes of this section; or

(B)

that was a project described in subparagraph (A) that has been legally vacated or demolished, but for which the Secretary has not yet provided replacement housing assistance (other than tenant-based assistance).

(3)

Supportive services

(k)

Grantee reporting

(l)

Annual report

The Secretary shall submit to the Congress an annual report setting forth—

(1)

the number, type, and cost of public housing units revitalized pursuant to this section;

(2)

the status of projects identified as severely distressed public housing;

(3)

the amount and type of financial assistance provided under and in conjunction with this section, including a specification of the amount and type of assistance provided under subsection (n);

(4)

the types of projects funded, and number of affordable housing dwelling units developed with, grants under subsection (n); and

(5)

the recommendations of the Secretary for statutory and regulatory improvements to the program established by this section.

(m)

Funding

(1)

Authorization of appropriations

(2)

Technical assistance and program oversight

(3)

Set-aside for main street housing grants

(n)

Grants for assisting affordable housing developed through main street projects in smaller communities

(1)

Authority and use of grant amounts

(2)

Eligible project

For purposes of this subsection, the term “eligible project” means a project that—

(A)

the Secretary determines, under the criteria established pursuant to paragraph (3), is a main street project;

(B)

is carried out within the jurisdiction of a smaller community receiving the grant; and

(C)

involves the development of affordable housing that is located in the commercial area that is the subject of the project.

(3)

Main street projects

The Secretary shall establish requirements for a project to be considered a main street project for purposes of this section, which shall require that the project—

(A)

has as its purpose the revitalization or redevelopment of a historic or traditional commercial area;

(B)

involves investment, or other participation, by the government for, and private entities in, the community in which the project is carried out; and

(C)

complies with such historic preservation guidelines or principles as the Secretary shall identify to preserve significant historic or traditional architectural and design features in the structures or area involved in the project.

(4)

Eligible affordable housing activities

For purposes of this subsection, the activities described in subsection (d)(1) shall be considered eligible affordable housing activities, except that—

(A)

such activities shall be conducted with respect to affordable housing rather than with respect to severely distressed public housing projects; and

(B)

eligible affordable housing activities under this subsection shall not include the activities described in subparagraphs (B) through (E), (J), or (K) of subsection (d)(1).

(5)

Maximum grant amount

(6)

Contribution requirement

A smaller community applying for a grant under this subsection shall be considered an applicant for purposes of subsection (c) (relating to contributions by applicants), except that—

(A)

such supplemental amounts shall be used only for carrying out eligible affordable housing activities; and

(B)

paragraphs (1)(B) and (3) shall not apply to grants under this subsection.

(7)

Applications and selection

(A)

Application

(B)

Selection criteria

(8)

Cost limits

(9)

Inapplicability of other provisions

(10)

Reporting

(11)

Definitions

For purposes of this subsection, the following definitions shall apply:

(A)

Affordable housing

The term “affordable housing” means rental or homeownership dwelling units that—

(i)

are made available for initial occupancy to low-income families, with a subset of units made available to very- and extremely-low income families; and

(ii)

are subject to the same rules regarding occupant contribution toward rent or purchase and terms of rental or purchase as dwelling units in public housing projects assisted with a grant under this section.

(B)

Smaller community

The term “smaller community” means a unit of general local government (as such term is defined in section 5302 of this title) that—

(i)

has a population of 50,000 or fewer; and

(ii)

(I)

is not served by a public housing agency; or

(II)

is served by a single public housing agency, which agency administers 100 or fewer public housing dwelling units.

(o)

Sunset

(Sept. 1, 1937, ch. 896, title I, § 24, as added Pub. L. 102–550, title I, § 120, Oct. 28, 1992, 106 Stat. 3695; amended Pub. L. 104–99, title IV, § 402(d)(6)(A)(vi), Jan. 26, 1996, 110 Stat. 43; Pub. L. 104–330, title V, § 501(b)(9), Oct. 26, 1996, 110 Stat. 4042; Pub. L. 105–276, title V, § 535(a), Oct. 21, 1998, 112 Stat. 2581; Pub. L. 106–377, § 1(a)(1) [title II, § 214(b)], Oct. 27, 2000, 114 Stat. 1441, 1441A–27; Pub. L. 108–7, div. K, title II, § 215, Feb. 20, 2003, 117 Stat. 504; Pub. L. 108–186, title IV, §§ 402(a), (b), (d), (e), 403, Dec. 16, 2003, 117 Stat. 2693, 2694; Pub. L. 109–289, div. B, title II, § 21045, as added Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 54; Pub. L. 110–161, div. K, title II, § 224, Dec. 26, 2007, 121 Stat. 2437; Pub. L. 111–8, div. I, title II, § 223, Mar. 11, 2009, 123 Stat. 976; Pub. L. 111–117, div. A, title II, § 222, Dec. 16, 2009, 123 Stat. 3101; Pub. L. 112–55, div. C, title II, § 222, Nov. 18, 2011, 125 Stat. 699; Pub. L. 113–76, div. L, title II, § 234, Jan. 17, 2014, 128 Stat. 634; Pub. L. 113–235, div. K, title II, § 229, Dec. 16, 2014, 128 Stat. 2756; Pub. L. 114–113, div. L, title II, § 228, Dec. 18, 2015, 129 Stat. 2895; Pub. L. 115–31, div. K, title II, § 226, May 5, 2017, 131 Stat. 787.)

cite as: 42 USC 1437v