U.S Code last checked for updates: May 18, 2024
§ 11408a.
Use of FMHA inventory for transitional housing for homeless persons and for turnkey housing
(a)
In general
The Secretary of Agriculture (in this section referred to as the “Secretary”) shall, on a priority basis, lease or sell program and nonprogram inventory properties held by the Secretary under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.]—
(1)
to provide transitional housing; and
(2)
to provide turnkey housing for tenants of such transitional housing and for eligible families.
(b)
Priority
The priority uses of inventory property under this section shall not have a higher priority than—
(1)
the disposition of such property by sale to eligible families; or
(2)
the disposition of such property by transfer for use as rental housing by eligible families.
(c)
Transitional housing
(1)
Leases authorized
(2)
Rental to eligible families
(d)
Lease procedures
(1)
Identification of property
Upon receipt by the Secretary of written notification from a public agency or nonprofit organization that it proposes to lease a property for the purpose of providing transitional housing or for the purpose of providing transitional housing and turnkey housing opportunities, the Secretary shall—
(A)
withdraw the property from the market for not more than 30 days for the purpose of negotiations under subparagraph (B);
(B)
negotiate a lease agreement with the organization or agency; and
(C)
if a lease is agreed to, commence the repairs necessary to make the property meet standards for decent, safe, and sanitary housing.
(2)
Lease terms
A lease of inventory property under this section shall—
(A)
be for a period of not more than 10 years;
(B)
provide for the payment of $1 for the 10-year lease; and
(C)
provide the nonprofit organization or public agency—
(i)
the right to use the property for transitional housing; and
(ii)
the option to arrange for the sale of the property to an eligible purchaser.
(e)
Purchase procedures
(1)
Identification of property
Upon receipt by the Secretary of written notification from a public agency or nonprofit organization that it proposes to purchase a property for the purpose of providing transitional housing or for the purpose of providing transitional housing and turnkey housing opportunities, the Secretary shall—
(A)
withdraw the property from the market for not more than 30 days for the purpose of negotiations under subparagraph (B);
(B)
negotiate a purchase agreement with the organization or agency; and
(C)
if a purchase agreement is agreed to, commence the repairs necessary to make the property meet standards for decent, safe, and sanitary housing.
(2)
Purchase terms
(f)
Employment of homeless individuals
(g)
Participation of homeless individuals
(1)
In general
(2)
Waiver
(h)
Budget compliance
(Pub. L. 100–77, title IV, § 592[492], as added Pub. L. 102–550, title XIV, § 1414, Oct. 28, 1992, 106 Stat. 4041.)
cite as: 42 USC 11408a