§ 12907. AIDS short-term supported housing and services

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   AIDS Housing Opportunity Act

   Pub. L. 101–625 title VIII § 858 · 104 Stat. 4079

   Enacted · 42 U.S.C. § 12907

   Pub. L. 101–625, title VIII, § 858, Nov. 28, 1990, 104 Stat. 4379

   Source evidence

   Code source credit
   Pub. L. 101–625, title VIII, § 858, Nov. 28, 1990, 104 Stat. 4379

   Enacted provision · exact public law section
   SEC. 858. AIDS SHORT-TERM SUPPORTED HOUSING AND SERVICES. (a) Use of Grants.— Any amounts received from grants under this section may only be used to carry out a program to provide (or contract to provide) assistance to individuals with acquired immunodeficiency syndrome or related diseases who are homeless or in need of housing assistance to prevent homelessness, which may include the following activities: (1) Short-term supported housing.— Purchasing, leasing, renovating, repairing, and converting facilities to provide short-term shelter and services. (2) Short-term housing payments assistance.— Providing rent assistance payments for short-term supported housing and rent, mortgage, and utilities payments to prevent homelessness of the tenant or mortgagor of a dwelling. (3) Supportive services.— Providing supportive services, to individuals assisted under paragraphs (1) and (2), including health, mental health, assessment, permanent housing placement, drug and alcohol abuse treatment and counseling, day care, and nutritional services. (4) Maintenance and administration.— Providing for maintenance, administration, security, operation, insurance, utilities, furnishings, equipment, supplies, and other incidental costs relating to any short-term supported housing provided under the demonstration program under this section. (5) Technical assistance.— Providing technical assistance to such individuals to provide assistance in gaining access to benefits and services for homeless individuals provided by the Federal Government and State and local governments. (b) Program Requirements.— (1) Minimum use period for structures.— (A) In general.— Any building or structure assisted with amounts from a grant under this section shall be maintained as a facility to provide short-term supported housing or assistance for individuals with acquired immunodeficiency syndrome or related diseases— (i) in the case of assistance involving substantial rehabilitation or acquisition of the building, for a period of not less than 10 years; and (ii) in the case of assistance under paragraph (1), (3), or (4) of subsection (a), for a period of not less than 3 years. (B) Waiver.— The Secretary may waive the requirement under subparagraph (A) with respect to any building or structure if the organization or agency that received the grant under which the building was assisted demonstrates, to the satisfaction of the Secretary, that— (i) the structure is no longer needed to provide short-term supported housing or assistance or the continued operation of the structure for such purposes is no longer feasible; and (ii) the structure will be used to benefit individuals or families whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 percent of the median income for the area if the Secretary finds that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes. (2) Residency and location limitations on short-term supported housing.— (A) Residency.— A short-term supported housing facility assisted with amounts from a grant under this section may not provide shelter or housing at any single time for more than 50 families or individuals. (B) Location.— A facility for short-term supported housing assisted with amounts from a grant under this section may not be located in or contiguous to any other facility for emergency or short-term housing that is not limited to use by individuals with acquired immunodeficiency syndrome or related diseases. (C) Waiver.— The Secretary may, as the Secretary determines appropriate, waive the limitations under subparagraphs (A) and (B) for any program or short-term supported housing facility. (3) Term of assistance.— (A) Supported housing assistance.— A program assisted under this section may not provide residence in a short-term housing facility assisted under this section to any individual for a sum of more than 60 days during any 6-month period. (B) Housing payments assistance.— A program assisted under this section may not provide assistance for rent, mortgage, or utilities payments to any individual for rent, mortgage, or utilities costs accruing over a period of more than 21 weeks of any 52-week period. (4) Placement.— A program assisted under this section shall provide for any individual who has remained in short-term supported housing assisted under the demonstration program, to the maximum extent practicable, the opportunity for placement in permanent housing or an environment appropriate to the health and social needs of the individual. (5) Presumption for independent living.— In providing assistance under this section in any case in which the residence of an individual is appropriate to the needs of the individual, a program assisted under this section shall, when reasonable, provide for assistance in a manner appropriate to maintain the individual in such residence. (6) Case management services.— A program assisted under this section shall provide each individual assisted under the program with an opportunity, if eligible, to receive case management services available from the appropriate social service agencies.

2. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(j)(11)(C)(i) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12907(a)

   Pub. L. 102–550, § 606(j)(11)(C)(i), substituted “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–550, § 606(j)(11)(C)(i), substituted “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” in introductory provisions.

   Enacted provision · exact public law section
   (i) in subsection (a), in the matter preceding paragraph (1); and

3. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(g)(1)(A) · 106 Stat. 3672

   1. Substituted · 42 U.S.C. § 12907(a)(3)

      Pub. L. 102–550, § 606(g)(1)(A), (j)(5), substituted “to eligible persons assisted under” for “to individuals assisted under”

   2. Inserted · 42 U.S.C. § 12907(a)(3)

      Pub. L. 102–550, § 606(g)(1)(A), (j)(5), inserted before period at end “(except that health services under this paragraph may only be provided to individuals with acquired immunodeficiency syndrome or related diseases), and providing technical assistance to eligible persons to provide assistance in gaining access to benefits and services for homeless individuals provided by the Federal Government and State and local governments”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 102–550, § 606(g)(1)(A), (j)(5), substituted “to eligible persons assisted under” for “to individuals assisted under” and inserted before period at end “(except that health services under this paragraph may only be provided to individuals with acquired immunodeficiency syndrome or related diseases), and providing technical assistance to eligible persons to provide assistance in gaining access to benefits and services for homeless individuals provided by the Federal Government and State and local governments”.

   Enacted provision · exact public law section
   (A) in paragraph (3), by inserting before the period at the end the following: “(except that health services under this paragraph may only be provided to individuals with acquired immunodeficiency syndrome or related diseases), and providing technical assistance to eligible persons to provide assistance in gaining access to benefits and services or homeless individuals provided by the Federal Government and State and local governments”;

4. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(g)(1)(B) · 106 Stat. 3672

   1. Added · 42 U.S.C. § 12907(a)(4); 42 U.S.C. § 12907(a)(5)

      Pub. L. 102–550, § 606(g)(1)(B), (C), added pars. (4) and (5)

   2. Struck · 42 U.S.C. § 12907(a)(4); 42 U.S.C. § 12907(a)(5)

      Pub. L. 102–550, § 606(g)(1)(B), (C), struck out former pars. (4) and (5) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (a)(4), (5). Pub. L. 102–550, § 606(g)(1)(B), (C), added pars. (4) and (5) and struck out former pars. (4) and (5) which read as follows:

   “(4) Maintenance and administration.—Providing for maintenance, administration, security, operation, insurance, utilities, furnishings, equipment, supplies, and other incidental costs relating to any short-term supported housing provided under the demonstration program under this section. “(5) Technical assistance.—Providing technical assistance to such individuals to provide assistance in gaining access to benefits and services for homeless individuals provided by the Federal Government and State and local governments.”

   Enacted provision · exact public law section
   (B) by striking paragraphs (4) and (5); and

5. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(j)(11)(C)(ii) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12907(b)(1)(A)

   Pub. L. 102–550, § 606(j)(11)(C)(ii), substituted “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 102–550, § 606(j)(11)(C)(ii), substituted “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” in introductory provisions.

   Enacted provision · exact public law section
   (ii) in subsection (b)(1)(A);

6. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(g)(2)(A)(i) · 106 Stat. 3672

   1. Redesignated · 42 U.S.C. § 12907(b)(2)(B)

      Pub. L. 102–550, § 606(g)(2)(A)(i), (iii), redesignated subpar. (C) as (B)

   2. Struck · 42 U.S.C. § 12907(b)(2)(B)

      Pub. L. 102–550, § 606(g)(2)(A)(i), (iii), struck out former subpar. (B) which read as follows: “Location.—A facility for short-term supported housing assisted with amounts from a grant under this section may not be located in or contiguous to any other facility for emergency or short-term housing that is not limited to use by individuals with acquired immunodeficiency syndrome or related diseases.”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B). Pub. L. 102–550, § 606(g)(2)(A)(i), (iii), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “Location.—A facility for short-term supported housing assisted with amounts from a grant under this section may not be located in or contiguous to any other facility for emergency or short-term housing that is not limited to use by individuals with acquired immunodeficiency syndrome or related diseases.”

   Enacted provision · exact public law section
   (i) by striking subparagraph (B);

7. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(g)(2)(A)(ii) · 106 Stat. 3672

   1. Substituted · 42 U.S.C. § 12907(b)(2)(C)

      Pub. L. 102–550, § 606(g)(2)(A)(ii), (iii), substituted “limitation under subparagraph (A)” for “limitations under subparagraphs (A) and (B)”

   2. Redesignated · 42 U.S.C. § 12907(b)(2)(C)

      Pub. L. 102–550, § 606(g)(2)(A)(ii), (iii), redesignated subpar. (C) as (B)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C). Pub. L. 102–550, § 606(g)(2)(A)(ii), (iii), substituted “limitation under subparagraph (A)” for “limitations under subparagraphs (A) and (B)” and redesignated subpar. (C) as (B).

   Enacted provision · exact public law section
   (ii) in subparagraph (C), by striking “limitations under subparagraphs (A) and (B)” and inserting “limitation under subparagraph (A)”; and

8. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(g)(2)(B) · 106 Stat. 3672

   Added · 42 U.S.C. § 12907(b)(3)(C)

   Pub. L. 102–550, § 606(g)(2)(B), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (b)(3)(C). Pub. L. 102–550, § 606(g)(2)(B), added subpar. (C).

   Enacted provision · exact public law section
   (B) in paragraph (3), by adding at the end the following new subparagraph: “(C) Waiver.— Notwithstanding subparagraphs (A) and (B), the Secretary may waive the applicability of the requirements under such subparagraphs with respect to any individual for which the project sponsor has made a good faith effort to acquire permanent housing (in accordance with paragraph (4)) and has been unable to do so.”,

12 of 12 references resolved to an enrolled provision