Sec. 40001. Public housing investments
950 words·~4 min read·
/bill/117/hr/5376/rh/section-40001A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In addition to amounts otherwise made available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2022, out of any money in the Treasury not otherwise appropriated— $10,000,000,000 for the Capital Fund under section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ) pursuant to the same formula as in fiscal year 2021, to be made available within 60 days of the date of the enactment of this Act; $66,500,000,000 for eligible activities under section 9(d)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d)(1) ) for priority investments as determined by the Secretary to repair, replace, or construct properties assisted under such section 9; $2,750,000,000 for competitive grants under section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v ) (in this section referred to as section 24 ), under the terms and conditions in subsection (b), for transformation, rehabilitation, and replacement housing needs of public housing, to transform neighborhoods of poverty into functioning, sustainable mixed-income neighborhoods ; and $750,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and the Public Housing Capital Fund and the section 24 grant program generally, including information technology, financial reporting, research and evaluation, other cross-program costs in support of programs administered by the Secretary in this title, and other costs; the Secretary may transfer and merge amounts set aside under this subparagraph to section 40301.
Amounts appropriated by this section shall remain available until September 30, 2031. Grants awarded under subsection (a)(3) shall be subject to terms and conditions determined by the Secretary, which shall include the following: Grant funds may be used for resident and community services, community development and revitalization, and affordable housing needs in the community. Eligible recipients of grants shall include lead applicants and joint applicants, as follows: A lead applicant shall be a local government or a public housing agency.
A nonprofit organization or a for-profit developer may apply jointly as a joint applicant with such public entities specified in subparagraph (A). Grantees shall commit to a period of affordability determined by the Secretary of not fewer than 20 years, but the Secretary may specify a period of affordability that is fewer than 20 years with respect to homeownership units developed with section 24 grants. For purposes of environmental review, a grantee shall be treated as a public housing agency under section 26 of the United States Housing Act of 1937 ( 42 U.S.C. 1437x ) and grants from amounts made available under this heading shall be subject to the regulations issued by the Secretary to implement such section.
Grantees shall create partnerships with other local organizations, included assisted housing owners, service agencies, and resident organizations. The Secretary may, until September 30, 2031, obligate any available unobligated balances made available under subsection (a)(3). Amounts made available under this section shall be used for low-income housing (as such term is defined under section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ) and affordable housing, which shall be housing for which the owner or purchaser of the project has recorded an affordability use restriction approved by the Secretary for households earning up to 120 percent of the area median income for no fewer than 20 years.
Grants awarded under this section shall be subject to the following terms and conditions: Amounts provided pursuant to this section may not be used for operating costs or rental assistance. Paragraph
(3)of section 9(g) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(g)(3) ) shall not apply to new funds made available under this section. Amounts made available under this section shall be used to address health, safety, and environmental hazards, including lead, fire, carbon monoxide, mold, asbestos, radon, pest infestation, and other hazards as defined by the Secretary. Amounts made available under this section shall advance improvements to energy and water efficiency or climate and disaster resilience in housing assisted under this section. The Secretary shall establish, by notice, alternative deadlines to those established in section 9(j) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(j) ) to provide public housing agencies reasonable periods of time to obligate and expend funds provided under paragraphs
(1)and
(2)of subsection (a). If the Secretary recaptures funding allocated by formula from a public housing agency under paragraph (a)(1), such recaptured amounts shall be added to the amounts available under paragraph (a)(2), and shall be obligated by the Secretary prior to the expiration of such funds. The Secretary shall ensure that amounts provided pursuant to this section shall serve to supplement and not supplant other amounts generated by a recipient of such amounts or amounts provided by other Federal, State, or local sources. The Secretary may waive or specify alternative requirements for subsections (d)(1), (d)(2), (e), and
(j)of section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ) and associated regulations in connection with the use of amounts made available under this section other than requirements related to tenant rights and protections, fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section. The Secretary shall have authority to issue such regulations or other notices, guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner.
Connectionstraces to 4
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources