**(a) Conditions for assistance** Notwithstanding any other provision of law, the applicable Secretary may not make financial assistance available for the benefit of any alien unless that alien is a resident of the United States and is—
(1) an alien lawfully admitted for permanent residence as an immigrant as defined by section 1101(a)(15) and (20) of title 8, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country;
(2) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to [section 1259 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1259&num=0&edition=prelim);
(3) an alien who is lawfully present in the United States pursuant to an admission under [section 1157 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim) or pursuant to the granting of asylum (which has not been terminated) under [section 1158 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim);
(4) an alien who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to [section 1182(d)(5) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/d/
File SHA-256: 21dd8bfa391f19997d19fd69cf5710004983b2d65e251a99d5f79d50aa3cefb2. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:record_usc_35c773aacfdc79dea5034f4b Source file: Laws/federal/codes/united-states-code/title-42/section-1437o-restriction-on-use-of-assisted-housing-by-non-resident-aliens--97d9289233.md Pages: Not recorded – Not recorded Passage SHA-256: 0f2efcc932d688faf0b6430c0e23d07ba48b029caacb09b43b622cbcc467cf1f Retained source evidence SHA-256: 21dd8bfa391f19997d19fd69cf5710004983b2d65e251a99d5f79d50aa3cefb2
Source location: Title 42, Chapter 8, § 1437o; chapter-008-low-income-housing.md
Stored source content
**(a) Conditions for assistance** Notwithstanding any other provision of law, the applicable Secretary may not make financial assistance available for the benefit of any alien unless that alien is a resident of the United States and is—
(1) an alien lawfully admitted for permanent residence as an immigrant as defined by section 1101(a)(15) and (20) of title 8, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country;
(2) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to [section 1259 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1259&num=0&edition=prelim);
(3) an alien who is lawfully present in the United States pursuant to an admission under [section 1157 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim) or pursuant to the granting of asylum (which has not been terminated) under [section 1158 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim);
(4) an alien who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to [section 1182(d)(5) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/d/5&num=0&edition=prelim);
(5) an alien who is lawfully present in the United States as a result of the Attorney General’s withholding deportation pursuant to [section 1231(b)(3) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1231/b/3&num=0&edition=prelim);
(6) an alien lawfully admitted for temporary or permanent residence under [section 1255a of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255a&num=0&edition=prelim); or
(7) an alien who is lawfully resident in the United States and its territories and possessions under section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia ([48 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1901&num=0&edition=prelim) note) and Palau ([48 U.S.C. 1931](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1931&num=0&edition=prelim) note) while the applicable section is in effect: Provided, That, within Guam any any 11 So in original. citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for assistance.
**(b) “Financial assistance” defined**
(1) For purposes of this section the term “financial assistance” means financial assistance made available pursuant to the United States Housing Act of 1937 [[42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.], section 1715z or 1715z–1 of title 12, the direct loan program under [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1472&num=0&edition=prelim) or section 1472(c)(5)(D), 1474, 1490a(a)(2)(A), or 1490r of this title, subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act [[42 U.S.C. 12851](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12851&num=0&edition=prelim) et seq.], or section 101 of the Housing and Urban Development Act of 1965 [[12 U.S.C. 1701s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701s&num=0&edition=prelim)].
(2) If the eligibility for financial assistance of at least one member of a family has been affirmatively established under the program of financial assistance and under this section, and the ineligibility of one or more family members has not been affirmatively established under this section, any financial assistance made available to that family by the applicable Secretary shall be prorated, based on the number of individuals in the family for whom eligibility has been affirmatively established under the program of financial assistance and under this section, as compared with the total number of individuals who are members of the family.
**(c) Preservation of families; students**
(1) If, following completion of the applicable hearing process, financial assistance for any individual receiving such assistance on February 5, 1988, is to be terminated, the public housing agency or other local governmental entity involved (in the case of public housing or assistance under section 8 of the United States Housing Act of 1937 [[42 U.S.C. 1437f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim)]) or the applicable Secretary (in the case of any other financial assistance) shall take one of the following actions:
(A) Permit the continued provision of financial assistance, if necessary to avoid the division of a family in which the head of household or spouse is a citizen of the United States, a national of the United States, or an alien resident of the United States described in any of paragraphs (1) through (6) of subsection (a). For purposes of this paragraph, the term “family” means a head of household, any spouse, any parents of the head of household, any parents of the spouse, and any children of the head of household or spouse. Financial assistance continued under this subparagraph for a family may be provided only on a prorated basis, under which the amount of financial assistance is based on the percentage of the total number of members of the family that are eligible for that assistance under the program of financial assistance and under this section.
(B)
(i) Defer the termination of financial assistance, if necessary to permit the orderly transition of the individual and any family members involved to other affordable housing.
(ii) Except as provided in clause (iii), any deferral under this subparagraph shall be for a 6-month period and may be renewed by the public housing agency or other entity involved for an aggregate period of 18-months. At the beginning of each deferral period, the public housing agency or other entity involved shall inform the individual and family members of their ineligibility for financial assistance and offer them other assistance in finding other affordable housing.
(iii) The time period described in clause (ii) shall not apply in the case of a refugee under [section 1157 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim) or an individual seeking asylum under [section 1158 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim).
(2) Notwithstanding any other provision of law, the applicable Secretary may not make financial assistance available for the benefit of—
(A) any alien who—
(i) has a residence in a foreign country that such alien has no intention of abandoning;
(ii) is a bona fide student qualified to pursue a full course of study; and
(iii) is admitted to the United States temporarily and solely for purposes of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by such alien and approved by the Attorney General after consultation with the Department of Education of the United States, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student (and if any such institution of learning or place of study fails to make such reports promptly the approval shall be withdrawn); and
(B) the alien spouse and minor children of any alien described in subparagraph (A), if accompanying such alien or following to join such alien.
**(d) Conditions for provision of financial assistance for individuals** The following conditions apply with respect to financial assistance being or to be provided for the benefit of an individual:
(1)
(A) There must be a declaration in writing by the individual (or, in the case of an individual who is a child, by another on the individual’s behalf), under penalty of perjury, stating whether or not the individual is a citizen or national of the United States, and, if that individual is not a citizen or national of the United States, that the individual is in a satisfactory immigration status. If the declaration states that the individual is not a citizen or national of the United States and that the individual is younger than 62 years of age, the declaration shall be verified by the Immigration and Naturalization Service. If the declaration states that the individual is a citizen or national of the United States, the applicable Secretary, or the agency administering assistance covered by this section, may request verification of the declaration by requiring presentation of documentation that the applicable Secretary considers appropriate, including a United States passport, resident alien card, alien registration card, social security card, or other documentation.
(B) In this subsection, the term “satisfactory immigration status” means an immigration status which does not make the individual ineligible for financial assistance.
(2) If such an individual is not a citizen or national of the United States, is not 62 years of age or older, and is receiving financial assistance on September 30, 1996, or applying for financial assistance on or after September 30, 1996, there must be presented either—
(A) alien registration documentation or other proof of immigration registration from the Immigration and Naturalization Service that contains the individual’s alien admission number or alien file number (or numbers if the individual has more than one number), or
(B) such other documents as the applicable Secretary determines constitutes reasonable evidence indicating a satisfactory immigration status.
In the case of an individual applying for financial assistance on or after September 30, 1996, the applicable Secretary may not provide any such assistance for the benefit of that individual before documentation is presented and verified under paragraph (3) or (4).
(3) If the documentation described in paragraph (2)(A) is presented, the applicable Secretary shall utilize the individual’s alien file or alien admission number to verify with the Immigration and Naturalization Service the individual’s immigration status through an automated or other system (designated by the Service for use with States) that—
(A) utilizes the individual’s name, file number, admission number, or other means permitting efficient verification, and
(B) protects the individual’s privacy to the maximum degree possible.
(4) In the case of such an individual who is not a citizen or national of the United States, is not 62 years of age or older, and is receiving financial assistance on September 30, 1996, or applying for financial assistance on or after September 30, 1996, if, at the time of application or recertification for financial assistance, the statement described in paragraph (1) is submitted but the documentation required under paragraph (2) is not presented or if the documentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3)—
(A) the applicable Secretary—
(i) shall provide a reasonable opportunity, not to exceed 30 days, to submit to the applicable Secretary evidence indicating a satisfactory immigration status, or to appeal to the Immigration and Naturalization Service the verification determination of the Immigration and Naturalization Service under paragraph (3),
(ii) in the case of any individual receiving assistance on September 30, 1996, may not delay, deny, reduce, or terminate the eligibility of that individual for financial assistance on the basis of the immigration status of that individual until the expiration of that 30-day period; and
(iii) in the case of any individual applying for financial assistance on or after September 30, 1996, may not deny the application for such assistance on the basis of the immigration status of that individual until the expiration of that 30-day period; and
(B) if any documents or additional information are submitted as evidence under subparagraph (A), or if appeal is made to the Immigration and Naturalization Service with respect to the verification determination of the Service under paragraph (3)—
(i) the applicable Secretary shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such documents or additional information for official verification,
(ii) pending such verification or appeal, the applicable Secretary may not—
(I) in the case of any individual receiving assistance on September 30, 1996, delay, deny, reduce, or terminate the eligibility of that individual for financial assistance on the basis of the immigration status of that individual; and
(II) in the case of any individual applying for financial assistance on or after September 30, 1996, deny the application for such assistance on the basis of the immigration status of that individual; and
(iii) the applicable Secretary shall not be liable for the consequences of any action, delay, or failure of the Service to conduct such verification.
(5) If the applicable Secretary determines, after complying with the requirements of paragraph (4), that such an individual is not in a satisfactory immigration status, the applicable Secretary shall—
(A) deny the application of that individual for financial assistance or terminate the eligibility of that individual for financial assistance, as applicable;
(B) provide that the individual may request a fair hearing during the 30-day period beginning upon receipt of the notice under subparagraph (C); and
(C) provide to the individual written notice of the determination under this paragraph, the right to a fair hearing process, and the time limitation for requesting a hearing under subparagraph (C).
(6) The applicable Secretary shall terminate the eligibility for financial assistance of an individual and the members of the household of the individual, for a period of not less than 24 months, upon determining that such individual has knowingly permitted another individual who is not eligible for such assistance to reside in the public or assisted housing unit of the individual. This provision shall not apply to a family if the ineligibility of the ineligible individual at issue was considered in calculating any proration of assistance provided for the family.
For purposes of this subsection, the term “applicable Secretary” means the applicable Secretary, a public housing agency, or another entity that determines the eligibility of an individual for financial assistance.
**(e) Regulatory actions against entities for erroneous determinations regarding eligibility based upon citizenship or immigration status** The applicable Secretary shall not take any compliance, disallowance, penalty, or other regulatory action against an entity with respect to any error in the entity’s determination to make an individual eligible for financial assistance based on citizenship or immigration status—
(1) if the entity has provided such eligibility based on a verification of satisfactory immigration status by the Immigration and Naturalization Service,
(2) because the entity, under subsection (d)(4)(A)(ii) (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603)), was required to provide a reasonable opportunity to submit documentation, or
(3) because the entity, under subsection (d)(4)(B)(ii) (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603)), was required to wait for the response of the Immigration and Naturalization Service to the entity’s request for official verification of the immigration status of the individual, or the response from the Immigration and Naturalization Service to the appeal of that individual.
**(f) Verification system; liability of State or local government agencies or officials; prior consent agreements, court decrees or court orders unaffected**
(1) Notwithstanding any other provision of law, no agency or official of a State or local government shall have any liability for the design or implementation of the Federal verification system described in subsection (d) if the implementation by the State or local agency or official is in accordance with Federal rules and regulations.
(2) The verification system of the Department of Housing and Urban Development shall not supersede or affect any consent agreement entered into or court decree or court order entered prior to February 5, 1988.
**(g) Reimbursement for costs of implementation** The applicable Secretary is authorized to pay to each public housing agency or other entity an amount equal to 100 percent of the costs incurred by the public housing agency or other entity in implementing and operating an immigration status verification system under subsection (d) (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603)).
**(h) “Applicable Secretary” defined** For purposes of this section, the term “applicable Secretary” means—
(1) the Secretary of Housing and Urban Development, with respect to financial assistance administered by such Secretary and financial assistance under subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act [[42 U.S.C. 12851](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12851&num=0&edition=prelim) et seq.]; and
(2) the Secretary of Agriculture, with respect to financial assistance administered by such Secretary.
**(i) Verification of eligibility**
(1) **In general** — No individual or family applying for financial assistance may receive such financial assistance prior to the affirmative establishment and verification of eligibility of at least the individual or one family member under subsection (d) by the applicable Secretary or other appropriate entity.
(2) **Rules applicable to public housing agencies** — A public housing agency (as that term is defined in section 3 of the United States Housing Act of 1937 [[42 U.S.C. 1437a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437a&num=0&edition=prelim)])—
(A) may, notwithstanding paragraph (1) of this subsection, elect not to affirmatively establish and verify eligibility before providing financial assistance 22 So in original. Probably should be followed by “; and”.
(B) in carrying out subsection (d)—
(i) may initiate procedures to affirmatively establish or verify the eligibility of an individual or family under this section at any time at which the public housing agency determines that such eligibility is in question, regardless of whether or not that individual or family is at or near the top of the waiting list of the public housing agency;
(ii) may affirmatively establish or verify the eligibility of an individual or family under this section in accordance with the procedures set forth in [section 1324a(b)(1) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a/b/1&num=0&edition=prelim); and
(iii) shall have access to any relevant information contained in the SAVE system (or any successor thereto) that relates to any individual or family applying for financial assistance.
(3) **Eligibility of families** — For purposes of this subsection, with respect to a family, the term “eligibility” means the eligibility of each family member.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements; certificate of need for housing and employment status** Notwithstanding any other provisions of this subchapter and in addition to mortgages insured under [section 1748b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1748b&num=0&edition=prelim), the Secretary may insure any mortgage under this section which meets the eligibility requirements set forth in [section 1709(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1709/b&num=0&edition=prelim): Provided, That a mortgage insured under this section shall have been executed by a mortgagor who at the time of insurance is the owner of the property and either occupies the property or certifies that his failure to do so is the result of a change in his employment by the Armed Forces or a contractor thereof and to whom the Secretary of Defense or his designee has issued a certificate indicating that such person requires housing and is at the date of the certificate a civilian employee at a research or development installation of one of the military departments of the United States or a contractor thereof and is considered by such military department to be an essential, nontemporary employee at such date. Such certificate shall be conclusive evidence to the Secretary of the employment status of the mortgagor and of the mortgagor’s need for housing.
**(b) Certification of housing need to Secretary; guaranty from loss; authorization of appropriations** No mortgage shall be insured under this section unless the Secretary of Defense or his designee shall have certified to the Secretary that the housing is necessary to provide adequate housing for such civilians employed in connection with such a research or development inst
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 1701s. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1701s. Rent supplement payments for qualified
lower income families
(a) Authorization; maximum term; maximum ag-
gregate amount
The Secretary of Housing and Urban Develop-
ment (hereinafter referred to as the ‘‘Sec-
retary’’) is authorized to make, and contract to
make, annual payments to a ‘‘housing owner’’
on behalf of ‘‘qualified tenants’’, as those terms
are defined herein, in such amounts and under
such circumstances as are prescribed in or pur-
suant to this section. In no case shall a contract
provide for such payments with respect to any
housing for a period exceeding forty years. The
aggregate amount of the contracts to make such
payments shall not exceed amounts approved in
appropriation Acts, and payments pursuant to
such contracts shall not exceed $150,000,000 per
annum prior to July 1, 1969, which maximum
dollar amount shall be increased by $40,000,000,
on July 1, 1969, by $100,000,000 on July 1, 1970, and
by $40,000,000 on July 1, 1971.
(b) ‘‘Housing owner’’ defined; limitation on pay-
ments to housing owner
As used in this section, the term ‘‘housing
owner’’ means a private nonprofit corporation
or other private nonprofit legal entity, a limited
dividend corporation or other limited dividend
legal entity, or a cooperative housing corpora-
Page 468
TITLE 12—BANKS AND BANKING
§ 1701s
tion, which is a mortgagor under section
221(d)(3) of the National Housing Act [12 U.S.C.
1715l(d)(3)] and which, after August 10, 1965, has
been approved for mortgage insurance there-
under and has been approved for receiving the
benefits of this section: Provided, That, except as
provided in subsection (j), no payments under
this section may be made with respect to any
property financed with a mortgage receiving the
benefits of the interest
Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 1701s. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established the National Homeownership Trust, which shall be in the Department of Housing and Urban Development and shall provide assistance to first-time homebuyers in accordance with this subchapter.
**(b) Board of Directors** The Trust shall be governed by a Board of Directors, which shall be composed of—
(1) the Secretary of Housing and Urban Development, who shall be the chairperson of the Board;
(2) the Secretary of the Treasury;
(3) the chairperson of the Board of Directors of the Federal Deposit Insurance Corporation;
(4) the chairperson of the Federal Housing Finance Board;
(5) the chairperson of the Board of Directors of the Federal National Mortgage Association;
(6) the chairperson of the Board of Directors of the Federal Home Loan Mortgage Corporation; and
(7) 1 individual representing consumer interests, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate.
**(c) Powers of Trust** The Trust shall have the same powers as the powers given the Government National Mortgage Association in [section 1723a(a) of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1723a/a&num=0&edition=prelim).
**(d) Travel and per diem** Members of the Board of Directors shall receive no additional compensation by reason of service on the Board, but shall be allowed travel expenses, including per diem in lieu of subsistence, as provided for employees of the Federal Government or in the same manner as persons employed intermittently in the Government service are allowed under [section 5703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim), as appropriate.
**(e) Director and staff**
(1) *
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 12851. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 12851. National Homeownership Trust
(a) Establishment
There is established the National Homeowner-
ship Trust, which shall be in the Department of
Housing and Urban Development and shall pro-
vide assistance to first-time homebuyers in ac-
cordance with this subchapter.
(b) Board of Directors
The Trust shall be governed by a Board of Di-
rectors, which shall be composed of—
(1) the Secretary of Housing and Urban De-
velopment, who shall be the chairperson of the
Board;
(2) the Secretary of the Treasury;
(3) the chairperson of the Board of Directors
of the Federal Deposit Insurance Corporation;
(4) the chairperson of the Federal Housing
Finance Board;
(5) the chairperson of the Board of Directors
of the Federal National Mortgage Association;
(6) the chairperson of the Board of Directors
of the Federal Home Loan Mortgage Corpora-
tion; and
(7) 1 individual representing consumer inter-
ests, who shall be appointed by the President
of the United States, by and with the advice
and consent of the Senate.
Page 8484
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12852
1 So in original. The ‘‘; and’’ probably should be a period.
(c) Powers of Trust
The Trust shall have the same powers as the
powers given the Government National Mort-
gage Association in section 1723a(a) of title 12.
(d) Travel and per diem
Members of the Board of Directors shall re-
ceive no additional compensation by reason of
service on the Board, but shall be allowed travel
expenses, including per diem in lieu of subsist-
ence, as provided for employees of the Federal
Government or in the same manner as persons
employed intermittently in the Government
service are allowed under section 5703 of title 5,
as appropriate.
(e) Director and staff
(1) Director
The Board of Directors ma
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 12851. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Sections 1401 to 1404 were omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653.
Section 1401, acts Sept. 1, 1937, ch. 896, § 1, 50 Stat. 888; July 15, 1949, 338, title III, § 307(a), 63 Stat. 429; Sept. 23, 1959, Pub. L. 86–372, title V, § 501, 73 Stat. 679; Aug. 1, 1968, Pub. L. 90–448, title II, § 206(a), 82 Stat. 504; Dec. 31, 1970, Pub. L. 91–609, title II, § 211, 84 Stat. 1779, set out declaration of policy. See [section 1437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim).
Section 1402, acts, Sept. 1, 1937, ch. 896, § 2, 50 Stat. 888; July 15, 1949, ch. 338, title III, §§ 302(b), 304(c), (i), 306, 307(b), 63 Stat. 424, 425, 429; Oct. 26, 1951, ch. 577, § 1, 65 Stat. 647; June 30, 1953, 170, § 24(c), 67 Stat. 128; Aug. 7, 1956, ch. 1029, title IV, § 404(a), 70 Stat. 1104; July 12, 1957, Pub. L. 85–104, title III, § 307, title IV, § 401(a), 71 Stat. 301; Sept. 23, 1959, Pub. L. 86–372, title V, §§ 502, 503(a), 504, 73 Stat. 680; June 30, 1961, Pub. L. 87–70, title II, § 202, 75 Stat. 163; Sept. 2, 1964, Pub. L. 88–560, title II, § 203(d), title IV, § 401(a), 78 Stat. 784, 794; Aug. 10, 1965, Pub. L. 89–117, title I, §§ 103(b), 104, 79 Stat. 457; Aug. 1, 1968, Pub. L. 90–448, title II, § 209(a), 82 Stat. 505; Dec. 24, 1969, Pub. L. 91–152, title II, § 213(a), title IV, § 403(a), 83 Stat. 389, 395; Dec. 31, 1970, Pub. L. 91–609, title II, § 208(a), title IX, § 903(c), 84 Stat. 1778, 1808; Dec. 22, 1971, Pub. L. 92–213, § 9, 85 Stat. 776, defined applicable terms. See [section 1437a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1437. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1437. Declaration of policy and public housing
agency organization
(a) Declaration of policy
It is the policy of the United States—
(1) to promote the general welfare of the Na-
tion by employing the funds and credit of the
Nation, as provided in this chapter—
(A) to assist States and political subdivi-
sions of States to remedy the unsafe housing
conditions and the acute shortage of decent
and safe dwellings for low-income families;
(B) to assist States and political subdivi-
sions of States to address the shortage of
housing affordable to low-income families;
and
(C) consistent with the objectives of this
subchapter, to vest in public housing agen-
Page 4527
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1437
1 So in original. Probably should be ‘‘(i)’’.
cies
that
perform
well,
the
maximum
amount of responsibility and flexibility in
program administration, with appropriate
accountability to public housing residents,
localities, and the general public;
(2) that the Federal Government cannot
through its direct action alone provide for the
housing of every American citizen, or even a
majority of its citizens, but it is the responsi-
bility of the Government to promote and pro-
tect the independent and collective actions of
private
citizens
to
develop
housing
and
strengthen their own neighborhoods;
(3) that the Federal Government should act
where there is a serious need that private citi-
zens or groups cannot or are not addressing re-
sponsibly; and
(4) that our Nation should promote the goal
of providing decent and affordable housing for
all citizens through the efforts and encourage-
ment of Federal, State, and local govern-
ments, and by the independent and collective
actions of private citizens, organizations, and
the private secto
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1437. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Housing and Urban Development may sue and be sued only with respect to its functions under the United States Housing Act of 1937, as amended [[42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.], and title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, as amended [[42 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1501&num=0&edition=prelim) et seq.]. Funds made available for carrying out the functions, powers, and duties of the Secretary of Housing and Urban Development (including appropriations therefor, which are authorized) shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary of Housing and Urban Development. Notwithstanding any other provisions of law except provisions of law enacted after August 10, 1948 expressly in limitation hereof, the Secretary of Housing and Urban Development, or any State or local public agency administering a low-rent housing project assisted pursuant to the United States Housing Act of 1937 or title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, shall continue to have the right to maintain an action or proceeding to recover possession of any housing accommodations operated by it where such action is authorized by the statute or regulations under which such housing accommodations are administered, and, in determining net income for the purposes of tenant eligibility with respect to low-rent housing projects assisted pursuant to said Acts, the Secretary of Housing and Urban Development is authorized, where it finds such action equitable and in the public interest, to exclude am
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1437a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1437a. Rental payments
(a) Families included; rent options; minimum
amount; occupancy by police officers and
over-income families
(1) Dwelling units assisted under this chapter
shall be rented only to families who are low-in-
come families at the time of their initial occu-
pancy of such units. Reviews of family income
shall be made pursuant to paragraph (6); except
that, in the case of any family with a fixed in-
come, as defined by the Secretary, after the ini-
tial review of the family’s income, the public
housing agency or owner shall not be required to
conduct a review of the family’s income for any
year for which such family certifies, in accord-
ance with such requirements as the Secretary
shall establish, which shall include policies to
adjust for inflation-based income changes, that
90 percent or more of the income of the family
consists of fixed income, and that the sources of
such income have not changed since the pre-
vious year, except that the public housing agen-
cy or owner shall conduct a review of each such
family’s income not less than once every 3
years. Except as provided in paragraph (2) and
subject to the requirement under paragraph (3),
a family shall pay as rent for a dwelling unit as-
sisted under this chapter (other than a family
assisted under section 1437f(o) or (y) of this title
or paying rent under section 1437f(c)(3)(B) 1 of
this title) the highest of the following amounts,
rounded to the nearest dollar:
(A) 30 per centum of the family’s monthly
adjusted income;
(B) 10 per centum of the family’s monthly
income; or
(C) if the family is receiving payments for
welfare assistance from a public agency and a
part of such payments, adjusted in accordance
with the family’s actual housing costs, is spe-
cifically
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1437a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 2, 1954, ch. 649, title VIII, § 815, 68 Stat. 647, required submission of specifications by applicants prior to award of any contract for construction of a project and submission of data with respect to acquisition of land prior to authorization to purchase such land.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1437f. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1437f. Low-income housing assistance
(a) Authorization for assistance payments
For the purpose of aiding low-income families
in obtaining a decent place to live and of pro-
moting economically mixed housing, assistance
payments may be made with respect to existing
housing in accordance with the provisions of
this section.
(b) Other existing housing programs
(1) IN GENERAL.—The Secretary is authorized
to enter into annual contributions contracts
with public housing agencies pursuant to which
such agencies may enter into contracts to make
assistance payments to owners of existing dwell-
ing units in accordance with this section. In
areas where no public housing agency has been
organized or where the Secretary determines
that a public housing agency is unable to imple-
ment the provisions of this section, the Sec-
retary is authorized to enter into such contracts
and to perform the other functions assigned to a
public housing agency by this section.
(2) The Secretary is authorized to enter into
annual contributions contracts with public
housing agencies for the purpose of replacing
public housing transferred in accordance with
subchapter II–A of this chapter. Each contract
entered into under this subsection shall be for a
term of not more than 60 months.
(c) Contents and purposes of contracts for assist-
ance payments; amount and scope of month-
ly assistance payments
(1)(A) An assistance contract entered into pur-
suant to this section shall establish the max-
imum monthly rent (including utilities and all
maintenance and management charges) which
the owner is entitled to receive for each dwell-
ing unit with respect to which such assistance
payments are to be made. The maximum month-
ly rent shall not exceed by more than 10 per cen-
tum th
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1437f. This identifies an authority to review, not proof of applicability.