CHAPTER 131 - HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
Title 42 > CHAPTER 131
Sections (12)
§ 12901 Purpose
The purpose of this chapter 1 is to provide States and localities with the resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of persons with acquired immunodeficiency syndrome and families of such persons. ( Pub. L. 101–625, title VIII, § 852 , Nov. 28, 1990 , 104 Stat. 4375 ; Pub. L. 102–550, title VI, § 606(j)(1) , Oct. 28, 1992 , 106 Stat. 3810 .)
§ 12902 Definitions
For purposes of this chapter: The term “acquired immunodeficiency syndrome and related diseases” or “AIDS” means the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. The term “applicant” means a State, a unit of general local government, or a nonprofit organization eligible to receive assistance under this chapter. The term “low-income individual” means any individual or family whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary of Housing and Urban Development, 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. The term “grantee” means a State or unit of general local government receiving grants from the Secretary under this chapter. The term “metropolitan statistical area” means a metropolitan statistical area as established by the Office of Management and Budget. Such term includes the District of Columbia. The term “locality” means the geographical area within the jurisdiction of a local government. The term “recipient” means a grantee or other applicant receiving funds under this chapter. 1 The term “Secretary” means the Secretary of Housing and Urban Development. The term “State” means a State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this chapter. The term “unit of general local government” has the same meaning as in section 12704 of this title . The term “city” has the meaning given the term in section 5302(a) of this title . The term “eligible person” means a person with acquired immunodeficiency syndrome or a related disease and the family of such person. The term “nonprofit organization” means any nonprofit organization (including a State or locally chartered, nonprofit organization) that— is organized under State or local laws; has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; complies with standards of financial accountability acceptable to the Secretary; and has among its purposes significant activities related to providing services or housing to persons with acquired immunodeficiency syndrome or related diseases. The term “project sponsor” means a nonprofit organization or a housing agency of a State or unit of general local government that contracts with a grantee to receive assistance under this chapter. The term “HIV” means infection with the human immunodeficiency virus. The term “individuals living with HIV or AIDS” means, with respect to the counting of cases in a geographic area during a period of time, the sum of— the number of living non-AIDS cases of HIV in the area; and the number of living cases of AIDS in the area. ( Pub. L. 101–625, title VIII, § 853 , Nov. 28, 1990 , 104 Stat. 4375 ; Pub. L. 102–550, title VI, § 606(c) , Oct. 28, 1992 , 106 Stat. 3807 ; Pub. L. 114–201, title VII, § 701(b) , July 29, 2016 , 130 Stat. 814 .)
§ 12903 General authority
(a) Grants authorized The Secretary shall, to the extent of amounts approved in appropriations Acts under section 12912 of this title , make grants to States, units of general local government, and nonprofit organizations.
(b) Implementation of eligible activities A grantee shall carry out eligible activities under section 12904 of this title through project sponsors. Any grantee that is a State that enters into a contract with a nonprofit organization to carry out eligible activities in a locality shall obtain the approval of the unit of general local government for the locality before entering into the contract.
(c) Allocation of resources The Secretary shall allocate 90 percent of the amount approved in appropriations Acts under section 12912 of this title among States and metropolitan statistical areas as follows: 1 75 percent of such amounts among— cities that are the most populous unit of general local government in a metropolitan statistical area with a population greater than 500,000, as determined on the basis of the most recent census, and with more than 2,000 individuals living with HIV or AIDS, using the data specified in subparagraph (B); and States with more than 2,000 individuals living with HIV or AIDS outside of metropolitan statistical areas. 25 percent of such amounts among States and metropolitan statistical areas based on the method described in subparagraph (C). For purposes of allocating amounts under this paragraph for any fiscal year, the number of individuals living with HIV or AIDS shall be the number of such individuals as confirmed by the Director of the Centers for Disease Control and Prevention, as of December 31 of the most recent calendar year for which such data is available. For purposes of allocating amounts under subparagraph (A)(ii), the Secretary shall develop a method that accounts for— 1 differences in housing costs among States and metropolitan statistical areas based on the fair market rental established pursuant to section 1437f(c) of this title or another methodology established by the Secretary through regulation; and
(ii) differences in poverty rates among States and metropolitan statistical areas based on area poverty indexes or another methodology established by the Secretary through regulation. A grantee that received an allocation in fiscal year 2016 shall continue to be eligible for allocations under paragraph (1) in subsequent fiscal years, subject to— the amounts available from appropriations Acts under section 12912 of this title ;
(ii) approval by the Secretary of the most recent comprehensive housing affordability strategy for the grantee approved under section 12705 of this title ; 2 and
(iii) the requirements of subparagraph (C). Allocations to grantees described in subparagraph (A) shall be adjusted annually based on the administrative provisions included in fiscal year 2016 appropriations Acts. The Secretary shall redetermine the continued eligibility of a grantee that received an allocation in fiscal year 2016 at least once during the 10-year period following fiscal year 2016. For each of fiscal years 2017, 2018, 2019, 2020, and 2021, with respect to a grantee that received an allocation in the prior fiscal year, the Secretary shall ensure that the grantee’s share of total formula funds available for allocation does not decrease more than 5 percent nor gain more than 10 percent of the share of the total available formula funds that the grantee received in the preceding fiscal year. The Secretary may award funds reserved for a grantee eligible under paragraph (1) to an alternative grantee if— 1 the grantee submits to the Secretary a written agreement between the grantee and the alternative grantee that describes how the alternative grantee will take actions consistent with the applicable comprehensive housing affordability strategy approved under section 12705 of this title ; 2 the Secretary approves the written agreement described in clause (I) and agrees to award funds to the alternative grantee; and
(iii) the written agreement does not exceed a term of 10 years. An agreement approved pursuant to subparagraph (A) may be renewed by the parties with the approval of the Secretary. In this paragraph, the term “alternative grantee” means a public housing agency (as defined in section 1437a(b) of this title ), a unified funding agency (as defined in section 11360 of this title ), a State, a unit of general local government, or an instrumentality of State or local government. If a State or metropolitan statistical area declines an allocation under paragraph (1)(A), or the Secretary determines, in accordance with criteria specified in regulation, that a State or metropolitan statistical area that is eligible for an allocation under paragraph (1)(A) is unable to properly administer such allocation, the Secretary shall reallocate any funds reserved for such State or metropolitan statistical area as follows: For funds reserved for a State— 1 to eligible metropolitan statistical areas within the State on a pro rata basis; or if there is no eligible metropolitan statistical areas within a State, to metropolitan cities and urban counties within the State that are eligible for grant under section 5306 of this title , on a pro rata basis. For funds reserved for a metropolitan statistical area, to the State in which the metropolitan statistical area is located. If the Secretary is unable to make a reallocation under subparagraph (A) or (B), the Secretary shall make such funds available on a pro rata basis under the formula in paragraph (1)(A). The Secretary shall allocate 10 percent of the amounts appropriated under section 12912 of this title among— States and units of general local government that do not qualify for allocation of amounts under paragraph (1); and States, units of general local government, and nonprofit organizations, to fund special projects of national significance. In selecting projects under this paragraph, the Secretary shall consider (i) relative numbers of acquired immunodeficiency syndrome cases and per capita acquired immunodeficiency syndrome incidence; (ii) housing needs of eligible persons in the community; (iii) extent of local planning and coordination of housing programs for eligible persons; and (iv) the likelihood of the continuation of State and local efforts. For the purpose of subparagraph (A)(ii), in selecting projects of national significance the Secretary shall consider (i) the need to assess the effectiveness of a particular model for providing supportive housing for eligible persons; (ii) the innovative nature of the proposed activity; and (iii) the potential replicability of the proposed activity in other similar localities or nationally.
(d) Applications Funds made available under this section shall be allocated among applications submitted by applicants and approved by the Secretary. Applications for assistance under this section shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish. Such applications shall contain— a description of the proposed activities; a description of the size and characteristics of the population that would be served by the proposed activities; a description of the public and private resources that are expected to be made available in connection with the proposed activities; assurances satisfactory to the Secretary that any property purchased, leased, rehabilitated, renovated, or converted with assistance under this section shall be operated for not less than 10 years for the purpose specified in the application, except as otherwise specified in this chapter; evidence in a form acceptable to the Secretary that the proposed activities will meet urgent needs that are not being met by available public and private sources; and such other information or certifications that the Secretary determines to be necessary to achieve the purposes of this section.
(e) Additional requirement for metropolitan areas In addition to the other requirements of this section, to be eligible for a grant to a metropolitan area under this section, the major city, urban county, and any city with a population of 50,000 or more in that metropolitan area shall establish or designate a governmental agency or organization for receipt and use of amounts received from a grant under this section and shall submit to the Secretary, together with the application under subsection (d) a proposal for the operation of such agency or organization.
(f) Additional requirement for city formula grantees In addition to the other requirements of this section, to be eligible for a grant pursuant to subsection (c)(1), a city shall provide such assurances as the Secretary may require that any grant amounts received will be allocated among eligible activities in a manner that addresses the needs within the metropolitan statistical area in which the city is located, including areas not within the jurisdiction of the city. Any such city shall coordinate with other units of general local government located within the metropolitan statistical area to provide such assurances and comply with the assurances.
§ 12904 Eligible activities
Grants allocated under this chapter shall be available only for approved activities to carry out strategies designed to prevent homelessness among eligible persons. Approved activities shall include activities that— enable public and nonprofit organizations or agencies to provide housing information to such persons and coordinate efforts to expand housing assistance resources for such persons under section 12906 of this title ; facilitate the development and operation of shelter and services for such persons under section 12907 of this title ; provide rental assistance to such persons under section 12908 of this title ; facilitate (through project-based rental assistance or other means) the moderate rehabilitation of single room occupancy dwellings (SROs) that would be made available only to such persons under section 12909 of this title ; facilitate the development of community residences for eligible persons under section 12910 of this title ; carry out other activities that the Secretary develops in cooperation with eligible States and localities, except that activities developed under this paragraph may be assisted only with amounts provided under section 12903(c)(3) 1 of this title. The Secretary shall establish standards and guidelines for approved activities. The Secretary shall permit grantees to refine and adapt such standards and guidelines for individual projects, where such refinements and adaptations are made necessary by local circumstances. ( Pub. L. 101–625, title VIII, § 855 , Nov. 28, 1990 , 104 Stat. 4378 ; Pub. L. 102–550, title VI, § 606(e) , (h)(2), (j)(3), Oct. 28, 1992 , 106 Stat. 3808 , 3810.)
§ 12905 Responsibilities of grantees
(a) Prohibition of substitution of funds Amounts received from grants under this chapter may not be used to replace other amounts made available or designated by State or local governments for use for the purposes under this chapter.
(b) Capability The recipient shall have, in the determination of the grantee or the Secretary, the capacity and capability to effectively administer a grant under this chapter.
(c) Cooperation The recipient shall agree to cooperate and coordinate in providing assistance under this chapter with the agencies of the relevant State and local governments responsible for services in the area served by the applicant for eligible persons and other public and private organizations and agencies providing services for such eligible persons.
(d) Prohibition of fees The recipient shall agree that no fee will be charged to any eligible person for any housing or services provided with amounts from a grant under this chapter.
(e) Confidentiality The recipient shall agree to ensure the confidentiality of the name of any individual assisted with amounts from a grant under this chapter and any other information regarding individuals receiving such assistance.
(f) Financial records The recipient shall agree to maintain and provide the grantee or the Secretary with financial records sufficient, in the determination of the Secretary, to ensure proper accounting and disbursing of amounts received from a grant under this chapter.
(g) Administrative expenses Notwithstanding any other provision of this chapter, each grantee may use not more than 3 percent of the grant amount for administrative costs relating to administering grant amounts and allocating such amounts to project sponsors. Notwithstanding any other provision of this chapter, each project sponsor receiving amounts from grants made under this chapter 1 may use not more than 7 percent of the amounts received for administrative costs relating to carrying out eligible activities under section 12904 of this title , including the costs of staff necessary to carry out eligible activities.
(h) Environmental review For purposes of environmental review, a grant under this chapter shall be treated as assistance for a special project that is subject to section 3547 of this title , and shall be subject to the regulations issued by the Secretary to implement such section.
(i) Carbon monoxide alarms Each dwelling unit assisted under this chapter shall contain installed carbon monoxide alarms or detectors that meet or exceed— the standards described in chapters 9 and 11 of the 2018 publication of the International Fire Code, as published by the International Code Council; or any other standards as may be adopted by the Secretary, including any relevant updates to the International Fire Code, through a notice published in the Federal Register.
(j) Qualifying smoke alarms Each dwelling unit assisted under this chapter shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit. For purposes of this subsection, the following definitions shall apply: The term “smoke alarm” has the meaning given the term “smoke detector” in section 2225(d) of title 15 . The term “qualifying smoke alarm” means a smoke alarm that— in the case of a dwelling unit built before December 29, 2022 , and not substantially rehabilitated after December 29, 2022 — is hardwired; or uses 10-year non rechargeable, nonreplaceable primary batteries and— is sealed; is tamper resistant; and contains silencing means; and provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022 , is hardwired.
§ 12906 Grants for AIDS housing information and coordination services
Grants under this section may only be used for the following activities: To provide (or contract to provide) counseling, information, and referral services to assist eligible persons to locate, acquire, finance, and maintain housing and meet their housing needs. To identify, coordinate, and develop housing assistance resources (including conducting preliminary research and making expenditures necessary to determine the feasibility of specific housing-related initiatives) for eligible persons. ( Pub. L. 101–625, title VIII, § 857 , Nov. 28, 1990 , 104 Stat. 4379 ; Pub. L. 102–550, title VI, § 606(j)(11)(B) , Oct. 28, 1992 , 106 Stat. 3811 .)
§ 12907 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 eligible persons who are homeless or in need of housing assistance to prevent homelessness, which may include the following activities: Purchasing, leasing, renovating, repairing, and converting facilities to provide short-term shelter and services. 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. Providing supportive services, to eligible persons 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 (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. Providing for the operation of short-term supported housing provided under this section, including the costs of security, operation insurance, utilities, furnishings, equipment, supplies, and other incidental costs. Providing staff to carry out the program under this section (subject to the provisions of section 12905(g) of this title ).
(b) Program requirements 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 eligible persons— in the case of assistance involving substantial rehabilitation or acquisition of the building, for a period of not less than 10 years; and in the case of assistance under paragraph (1), (3), or (4) of subsection (a), for a period of not less than 3 years. 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— 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 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. 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. The Secretary may, as the Secretary determines appropriate, waive the limitation under subparagraph (A) for any program or short-term supported housing facility. 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. 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. 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. 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. 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. 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.
§ 12908 Rental assistance
(a) Use of funds Grants under this section may be used only for assistance to provide rental assistance for low-income eligible persons. Such assistance may be project based or tenant based and shall be provided to the extent practicable in the manner provided for under section 1437f of this title . Grantees shall ensure that the housing provided is decent, safe, and sanitary. Grants under this section may be used to assist individuals who elect to reside in shared housing arrangements in the manner provided under section 1437f(p) of this title , except that, notwithstanding such section, assistance under this section may be made available to nonelderly individuals. The Secretary shall issue any standards for shared housing under this paragraph that vary from standards issued under section 1437f(p) of this title only to the extent necessary to provide for circumstances of shared housing arrangements under this paragraph that differ from circumstances of shared housing arrangements for elderly families under section 1437f(p) of this title .
(b) Limitations A recipient under this section shall comply with the following requirements: The recipient shall provide for qualified service providers in the area to provide appropriate services to the eligible persons assisted under this section. For any individual with acquired immunodeficiency syndrome or related diseases who requires more care than can be provided in housing assisted under this section, the recipient shall provide for the locating of a care provider who can appropriately care for the individual and referral of the individual to the care provider.
(c) Administrative costs A project sponsor providing rental assistance under this section may use amounts from any grant received under this section for administrative expenses involved in providing such assistance, subject to the provisions of 12905(g)(2) 1 of this title.
§ 12909 Single room occupancy dwellings
(a) Use of grants Grants under this section may be used to provide project-based rental assistance or grants to facilitate the development of single room occupancy dwellings. To the extent practicable, a program under this section shall be carried out in the manner provided for under section 1437f(n) 1 of this title.
(b) Limitation Recipients under this section shall require the provision to individuals assisted under this section of the following assistance: Appropriate services provided by qualified service providers in the area. For any individual with acquired immunodeficiency syndrome or related diseases who requires more care than can be provided in housing assisted under this section, locating a care provider who can appropriately care for the individual and referral of the individual to the care provider.
§ 12910 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 eligible persons.
(b) Community residences and services A community residence under this section shall be a multiunit residence designed for eligible persons for the following purposes: To provide a lower cost residential alternative to institutional care and to prevent or delay the need for institutional care. 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. To prevent homelessness among eligible persons by increasing available suitable housing resources. To integrate eligible persons into local communities and provide services to maintain the abilities of such eligible persons to participate as fully as possible in community life. 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: 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 [ 42 U.S.C. 1437 et seq.]. 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. 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. 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 assistance. Services provided with a grant under this section shall consist of services appropriate in assisting eligible persons 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: For providing assistance in connection with community residences under subsection (b)(1) for the following activities: Construction, acquisition, rehabilitation, conversion, retrofitting, and other physical improvements necessary to make a structure suitable for use as a community residence. Operating costs for a community residence. Technical assistance in establishing and operating a community residence, which may include planning and other predevelopment or preconstruction expenses, 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. Services appropriate for individuals residing in a community residence, which may include staff training and recruitment. For providing services under subsection (b)(2) to any individuals assisted under this chapter. For administrative expenses related to the planning and carrying out activities under this section (subject to the provisions of section 12905(g) of this title ).
(d) Limitations on use of grants 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: 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 eligible persons assisted by the community residence. That the jurisdiction will have sufficient funding for such services and the service providers are qualified to assist eligible persons. 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. That, for any individual with acquired immunodeficiency syndrome or related diseases 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. 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 eligible persons.
§ 12911 Report
Any organization or agency that receives a grant under this chapter shall submit to the Secretary, for any fiscal year in which the organization or agency receives a grant under this chapter, a report describing the use of the amounts received, which shall include the number of individuals assisted, the types of assistance provided, and any other information that the Secretary determines to be appropriate. ( Pub. L. 101–625, title VIII, § 862 , Nov. 28, 1990 , 104 Stat. 4384 .)
§ 12912 Authorization of appropriations
There are authorized to be appropriated to carry out this chapter 156,300,000 for fiscal year 1994. ( Pub. L. 101–625, title VIII, § 863 , Nov. 28, 1990 , 104 Stat. 4384 ; Pub. L. 102–550, title VI, § 606(b) , Oct. 28, 1992 , 106 Stat. 3806 .)