§ 12910. Grants for community residences 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 § 861 · 104 Stat. 4079

   Enacted · 42 U.S.C. § 12910

   Pub. L. 101–625, title VIII, § 861, Nov. 28, 1990, 104 Stat. 4382

   Source evidence

   Code source credit
   Pub. L. 101–625, title VIII, § 861, Nov. 28, 1990, 104 Stat. 4382

   Enacted provision · exact public law section
   SEC. 861. GRANTS FOR COMMUNITY RESIDENCES AND SERVICES. (a) Grant Authority.— The Secretary of Housing and Urban Development may make grants to States and metropolitan areas to develop and operate community residences and provide services for persons with acquired immunodeficiency syndrome or related diseases. (b) Community Residences and Services.— (1) Community residences.— (A) In general.— A community residence under this section shall be a multiunit residence designed for individuals with acquired immunodeficiency syndrome or related diseases for the following purposes: (i) To provide a lower cost residential alternative to institutional care and to prevent or delay the need for institutional care. (ii) To provide a permanent or transitional residential setting with appropriate services that enhances the quality of life for individuals who are unable to live independently. (iii) To prevent homelessness among individuals with acquired immunodeficiency syndrome or related diseases by increasing available suitable housing resources. (iv) To integrate individuals with acquired immunodeficiency syndrome or related diseases into local communities and provide services to maintain the abilities of such individuals to participate as fully as possible in community life. (B) Rent.— Except to the extent that the costs of providing residence are reimbursed or provided by any other assistance from Federal or non-Federal public sources, each resident in a community residence shall pay as rent for a dwelling unit an amount equal to the following: (i) For low-income individuals, the amount of rent paid under section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)) by a low-income family (as the term is defined in section 3(b)(2) of such Act (42 U.S.C. 1437a(b)(2))) for a dwelling unit assisted under such Act. (ii) For any resident that is not a low-income resident, an amount based on a formula, which shall be determined by the Secretary, under which rent is determined by the income and resources of the resident. (C) Fees.— Fees may be charged for any services provided under subsection (c)(2) to residents of a community residence, except that any fees charged shall be based on the income and resources of the resident and the provision of services to any resident of a community residence may not be withheld because of an inability of the resident to pay such fee. (D) Section 8 assistance.— Assistance made available under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) may be used in conjunction with a community residence under this subsection for tenant-based certificates or vouchers. (2) Services.— Services provided with a grant under this section shall consist of services appropriate in assisting individuals with acquired immunodeficiency syndrome and related diseases to enhance their quality of life, enable such individuals to more fully participate in community life, and delay or prevent the placement of such individuals in hospitals or other institutions. (c) Use of Grants.— Any amounts received from a grant under this section may be used only as follows: (1) Community residences.— For providing assistance in connection with community residences under subsection (b)(1) for the following activities: (A) Physical improvements.— Construction, acquisition, rehabilitation, conversion, retrofitting, and other physical improvements necessary to make a structure suitable for use as a community residence. (B) Operating costs.— Operating costs for a community residence. (C) Technical assistance.— Technical assistance in establishing and operating a community residence, which may include planning and other predevelopment or preconstruction expenses. (D) In-house services.— Services appropriate for individuals residing in a community residence, which may include staff training and recruitment. (2) Services.— For providing services under subsection (b)(2) to any individuals assisted under this subtitle. (3) Administrative expenses.— For administrative expenses related to the planning and execution of activities under this section, except that a jurisdiction that receives a grant under this section may expend not more than 10 percent of the amount received under the grant for such administrative expenses. Administrative expenses under this paragraph may include expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases, for staff carrying out activities assisted with a grant under this section and for individuals who reside in proximity of individuals assisted under this subtitle. (d) Limitations on Use of Grants.— (1) Community residences.— Any jurisdiction that receives a grant under this section may not use any amounts received under the grant for the purposes under subsection (c)(1), except for planning and other expenses preliminary to construction or other physical improvement under subsection (c)(1)(A), unless the jurisdiction certifies to the Secretary, as the Secretary shall require, the following: (A) Service agreement.— That the jurisdiction has entered into a written agreement with service providers qualified to deliver any services included in the proposal under subsection (c) to provide such services to individuals assisted by the community residence. (B) Funding and capability.— That the jurisdiction will have sufficient funding for such services and the service providers are qualified to assist individuals with acquired immunodeficiency syndrome and related diseases. (C) Zoning and building codes.— That any construction or physical improvements carried out with amounts received from the grant will comply with any applicable State and local housing codes and licensing requirements in the jurisdiction in which the building or structure is located. (D) Intensive assistance.— That, for any individual who resides in a community residence assisted under the grant and who requires more intensive care than can be provided by the community residence, the jurisdiction will locate for and refer the individual to a service provider who can appropriately care for the individual. (2) Services.— Any jurisdiction that receives a grant under this section may use any amounts received under the grant for the purposes under subsection (c)(2) only for the provision of services by service providers qualified to provide such services to individuals with acquired immunodeficiency syndrome and related diseases.

2. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(j)(8) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12910(a)

   Pub. L. 102–550, § 606(j)(8), substituted “eligible persons” for “persons with acquired immunodeficiency syndrome or related diseases”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–550, § 606(j)(8), substituted “eligible persons” for “persons with acquired immunodeficiency syndrome or related diseases”.

   Enacted provision · exact public law section
   (8) Section 861(a) (42 U.S.C. 12910(a)) is amended by striking “persons with acquired immunodeficiency syndrome or related diseases” and inserting “eligible persons.”

3. 1992

   Housing and Community Development Act of 1992

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

   Substituted · 42 U.S.C. § 12910(b)(1)(A)

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

   Source evidence

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

   Enacted provision · exact public law section
   (i) in subsection (b); and

4. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(j)(9) · 106 Stat. 3672

   1. Substituted · 42 U.S.C. § 12910(b)(1)(A)(iv)

      Pub. L. 102–550, § 606(j)(9), (11)(E)(i), substituted “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases”

   2. Substituted · 42 U.S.C. § 12910(b)(1)(A)(iv)

      Pub. L. 102–550, § 606(j)(9), (11)(E)(i), substituted “such eligible persons” for “such individuals”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A)(iv). Pub. L. 102–550, § 606(j)(9), (11)(E)(i), substituted “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” and “such eligible persons” for “such individuals”.

   Enacted provision · exact public law section
   (9) Section 861(b)(1)(A)(iv) (42 U.S.C. 12910(b)(1)(A)(iv)) is amended by striking “such individuals” and inserting “such eligible persons”.

5. 1992

   Housing and Community Development Act of 1992

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

   Substituted · 42 U.S.C. § 12910(b)(2)

   Pub. L. 102–550, § 606(j)(11)(E)(i), which directed the substitution of “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” wherever appearing in subsec. (b), was executed by making the substitution for “individuals with acquired immunodeficiency syndrome and related diseases” in par. (2) to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 102–550, § 606(j)(11)(E)(i), which directed the substitution of “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” wherever appearing in subsec. (b), was executed by making the substitution for “individuals with acquired immunodeficiency syndrome and related diseases” in par. (2) to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (i) in subsection (b); and

6. 1992

   Housing and Community Development Act of 1992

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

   Inserted · 42 U.S.C. § 12910(c)(1)(C)

   Pub. L. 102–550, § 606(i)(1), inserted before period at end “, and expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases provided for individuals residing in proximity of eligible persons assisted under this chapter”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(C). Pub. L. 102–550, § 606(i)(1), inserted before period at end “, and expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases provided for individuals residing in proximity of eligible persons assisted under this chapter”.

   Enacted provision · exact public law section
   (1) in paragraph (1)(C), by inserting before the period at the end the following: “, and expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases provided for individuals residing in proximity of eligible persons assisted under this subtitle”; and

7. 1992

   Housing and Community Development Act of 1992

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

   1. Added · 42 U.S.C. § 12910(c)(3)

      Pub. L. 102–550, § 606(i)(2), added par. (3)

   2. Struck · 42 U.S.C. § 12910(c)(3)

      Pub. L. 102–550, § 606(i)(2), struck out former par. (3) which read as follows: “For administrative expenses related to the planning and execution of activities under this section, except that a jurisdiction that receives a grant under this section may expend not more than 10 percent of the amount received under the grant for such administrative expenses. Administrative expenses under this paragraph may include expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases, for staff carrying out activities assisted with a grant under this section and for individuals who reside in proximity of individuals assisted under this chapter.”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 102–550, § 606(i)(2), added par. (3) and struck out former par. (3) which read as follows: “For administrative expenses related to the planning and execution of activities under this section, except that a jurisdiction that receives a grant under this section may expend not more than 10 percent of the amount received under the grant for such administrative expenses. Administrative expenses under this paragraph may include expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases, for staff carrying out activities assisted with a grant under this section and for individuals who reside in proximity of individuals assisted under this chapter.”

   Enacted provision · exact public law section
   (2) by striking paragraph (3) and inserting the following new paragraph: (3) Administrative expenses.— For administrative expenses related to the planning and carrying out activities under this section (subject to the provisions of section 856(g)).”.

8. 1992

   Housing and Community Development Act of 1992

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

   Substituted · 42 U.S.C. § 12910(d)

   Pub. L. 102–550, § 606(j)(11)(E)(ii), which directed the substitution of “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” wherever appearing in subsec. (d), was executed by making the substitution for “individuals with acquired immunodeficiency syndrome and related diseases” in pars. (1)(B) and (2) to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–550, § 606(j)(11)(E)(ii), which directed the substitution of “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” wherever appearing in subsec. (d), was executed by making the substitution for “individuals with acquired immunodeficiency syndrome and related diseases” in pars. (1)(B) and (2) to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (ii) in subsection (d).

9. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(j)(10)(A) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12910(d)(1)(A)

   Pub. L. 102–550, § 606(j)(10)(A), substituted “eligible persons” for “individuals”

   Source evidence

   Code amendment note
   Subsec. (d)(1)(A). Pub. L. 102–550, § 606(j)(10)(A), substituted “eligible persons” for “individuals”.

   Enacted provision · exact public law section
   (A) in subparagraph (A), by striking “individuals” and inserting “eligible persons”; and

10. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 606(j)(10)(B) · 106 Stat. 3672

    Inserted · 42 U.S.C. § 12910(d)(1)(D)

    Pub. L. 102–550, § 606(j)(10)(B), inserted “with acquired immunodeficiency syndrome or related diseases” after “any individual”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(D). Pub. L. 102–550, § 606(j)(10)(B), inserted “with acquired immunodeficiency syndrome or related diseases” after “any individual”.

    Enacted provision · exact public law section
    (B) in subparagraph (D), by inserting “with acquired immunodeficiency syndrome or related diseases” after “any individual”.

11. 1998

    Pub. L. 105–276 title V § 550(b) · 112 Stat. 2461

    Substituted · 42 U.S.C. § 12910(b)(1)(D)

    Pub. L. 105–276 substituted “assistance” for “certificates or vouchers”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 105–276 substituted “assistance” for “certificates or vouchers”.

    Enacted provision · exact public law section
    (b) HOPWA Grants for Community Residences and Services.— Section 861(b)(1)(D) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12910(b)(1)(D)) is amended by striking “certificates or vouchers” and inserting “assistance”.

    Effective date note
    Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title.

13 of 13 references resolved to an enrolled provision