12 U.S.C. § 1701s — Rent supplement payments for qualified

Page 467 TITLE 12—BANKS AND BANKING § 1701s 1 See References in Text note below. § 1701r–1. Pet ownership in assisted rental hous- ing for the elderly or handicapped (a) Restrictions on ownership No owner or manager of any federally assisted rental housing for the elderly or handicapped may— (1) as a condition of tenancy or otherwise, prohibit or prevent any tenant in such housing from owning common household pets or hav- ing common household pets living in the dwelling accommodations of such tenant in such housing; or (2) restrict or discriminate against any per- son in connection with admission to, or con- tinued occupancy of, such housing by reason of the ownership of such pets by, or the presence of such pets in the dwelling accommodations of, such person. (b) Rules and regulations (1) Not later than the expiration of the twelve- month period following November 30, 1983, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue such regulations as may be necessary to ensure (A) compliance with the provisions of subsection (a) with respect to any program of assistance referred to in subsection (d) that is administered by such Secretary; and (B) attain- ing the goal of providing decent, safe, and sani- tary housing for the elderly or handicapped. (2) Such regulations shall establish guidelines under which the owner or manager of any feder- ally assisted rental housing for the elderly or handicapped (A) may prescribe reasonable rules for the keeping of pets by tenants in such hous- ing; and (B) shall consult with the tenants of such housing in prescribing such rules. Such rules may consider factors such as density of tenants, pet size, types of pets, potential finan- cial obligations of tenants, and standards of pet care. (c) Removal of pets constituting a nuisance Nothing in this section may be construed to prohibit any owner or manager of federally as- sisted rental housing for the elderly or handi- capped, or any local housing authority or other appropriate authority of the community where such housing is located, from requiring the re- moval from any such housing of any pet whose conduct or condition is duly determined to con- stitute a nuisance or a threat to the health or safety of the other occupants of such housing or of other persons in the community where such housing is located. (d) ‘‘Federally assisted rental housing for the el- derly or handicapped’’ defined For purposes of this section, the term ‘‘feder- ally assisted rental housing for the elderly or handicapped’’ means any rental housing project that— (1) is assisted under section 1701q of this title; or (2) is assisted under the United States Hous- ing Act of 1937 [42 U.S.C. 1437 et seq.], the Na- tional Housing Act [12 U.S.C. 1701 et seq.], or title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.], and is designated for occupancy by elderly or handicapped families, as such term is defined in section 1701q(d)(4) 1 of this title. (Pub. L. 98–181, title I [title II, § 227], Nov. 30, 1983, 97 Stat. 1195.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in subsec. (d)(2), is act Sept. 1, 1937, ch. 896, as revised gen- erally by Pub. L. 93–383, title II, Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables. The National Housing Act, referred to in subsec. (d)(2), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to this chapter (§ 1701 et seq.). For complete classification of this Act to the Code, see section 1701 of this title and Tables. The Housing Act of 1949, referred to in subsec. (d)(2), is act July 15, 1949, ch. 338, 63 Stat. 413. Title V of the Housing Act of 1949 is classified generally to subchapter III (§ 1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1441 of Title 42 and Tables. Section 1701q of this title, referred to in subsec. (d)(2), was amended generally by Pub. L. 101–625, title VIII, § 801(a), Nov. 28, 1990, 104 Stat. 4297, and, as so amended, no longer contains a subsec. (d)(4) or a definition of the term ‘‘elderly or handicapped families’’. CODIFICATION Section was enacted as part of the Housing and Urban–Rural Recovery Act of 1983 and also as part of the Domestic Housing and International Recovery and Financial Stability Act, and not as part of the National Housing Act which comprises this chapter. § 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 rate provided for in the proviso in section 221(d)(5) of that Act [12 U.S.C. 1715l(d)(5)]. Such term also includes a private nonprofit corporation or other private nonprofit legal entity, a limited dividend corporation or other limited dividend legal entity, or a cooper- ative housing corporation, which is the owner of a rental or cooperative housing project financed under a State or local program providing assist- ance through loans, loan insurance, or tax abatement and which may involve either new or existing construction and which is approved for receiving the benefits of this section. Subject to the limitations provided in subsection (j), the term ‘‘housing owner’’ also has the meaning pre- scribed in such subsection. Nothing in this sec- tion shall be construed as preventing payments to a housing owner with respect to projects in which all or part of the dwelling units do not contain kitchen facilities; but of the total amount of contracts to make annual payments approved in appropriation Acts pursuant to sub- section (a) after December 31, 1970, not more than 10 per centum in the aggregate shall be made with respect to such projects. (c) Definitions As used in this section, the term— (1) ‘‘qualified tenant’’ means any individual or family having an income which would qual- ify such individual or family for assistance under section 1437f of title 42, except that such term shall also include any individual or fam- ily who was receiving assistance under this section on the day preceding December 21, 1979, so long as such individual or family con- tinues to meet the conditions for such assist- ance which were in effect on such day; and (2) ‘‘income’’ means income from all sources of each member of the household, as deter- mined in accordance with criteria prescribed by the Secretary. In determining amounts to be excluded from income, the Secretary may, in the Secretary’s discretion, take into ac- count the number of minor children in the household and such other factors as the Sec- retary may determine are appropriate. The terms ‘‘qualified tenant’’ and ‘‘tenant’’ in- clude a member of a cooperative who satisfies the foregoing requirements and who, upon resale of his membership to the cooperative, will not be reimbursed for any equity increment accumu- lated through payments under this section. With respect to members of a cooperative, the terms ‘‘rental’’ and ‘‘rental charges’’ mean the charges under the occupancy agreements between such members and the cooperative. (d) Annual payment amount The amount of the annual payment with re- spect to any dwelling unit shall be the lesser of (1) 70 per centum of the fair market rent, or (2) the amount by which the fair market rental for such unit exceeds 30 per centum of the tenant’s adjusted income. (e) Criteria and procedure for determining eligi- bility and rental charges; recertification of income; agreements for services required in selection of tenants; delegation of authority to issue certificates (1) For purposes of carrying out the provisions of this section, the Secretary shall establish cri- teria and procedures for determining the eligi- bility of occupants and rental charges, including criteria and procedures with respect to periodic review of tenant incomes and periodic adjust- ment of rental charges. (2) Procedures adopted by the Secretary here- under shall provide for recertifications of the in- comes of occupants no less frequently than an- nually for the purpose of adjusting rental charges and annual payments on the basis of oc- cupants’ incomes, but in no event shall rental charges adjusted under this section for any dwelling exceed the fair market rental of the dwelling. (3) The Secretary may enter into agreements, or authorize housing owners to enter into agree- ments, with public or private agencies for serv- ices required in the selection of qualified ten- ants, including those who may be approved, on the basis of the probability of future increases in their incomes, as lessees under an option to purchase (which will give such approved quali- fied tenants an exclusive right to purchase at a price established or determined as provided in the option) dwellings, and in the establishment of rentals. The Secretary is authorized (without limiting his authority under any other provision of law) to delegate to any such public or private agency his authority to issue certificates pursu- ant to this subsection. (4) No payments under this section may be made with respect to any property for which the costs of operation (including wages and salaries) are determined by the Secretary to be greater than similar costs of operation of similar hous- ing in the community where the property is sit- uated. (f) Omitted (g) Authority of Secretary The Secretary is authorized to make such rules and regulations, to enter into such agree- ments, and to adopt such procedures as he may deem necessary or desirable to carry out the provisions of this section. Nothing contained in this section shall affect the authority of the Secretary of Housing and Urban Development with respect to any housing assisted under this section, section 221(d)(3), section 231(c)(3), or sec- tion 236 of the National Housing Act [12 U.S.C. 1715l(d)(3), 1715v(c)(3), 1715z–1], or section 1701q of this title, including the authority to prescribe occupancy requirements under other provisions of law or to determine the portion of such hous- ing which may be occupied by qualified tenants. To ensure that qualified tenants occupying that number of units with respect to which assist- ance was being provided under this section im- mediately prior to November 30, 1983, receive the benefit of assistance contracted for under this Page 469 TITLE 12—BANKS AND BANKING § 1701s section, the Secretary shall offer annually to amend contracts entered into with owners of projects assisted under this section but not sub- ject to mortgages insured under title II of the National Housing Act [12 U.S.C. 1707 et seq.] to provide sufficient payments to cover 100 percent of the necessary rent increases and changes in the incomes of qualified tenants, subject to the availability of authority for such purpose under section 1437c(c) of title 42. The Secretary shall take such actions as may be necessary to ensure that payments, including payments that reflect necessary rent increases and changes in the in- comes of tenants, are made on a timely basis for all units covered by contracts entered into under this section. (h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the pro- visions of this section, including, but not lim- ited to, such sums as may be necessary to make annual payments as prescribed in this section, pay for services provided under (or pursuant to agreements entered into under) subsection (e), and provide administrative expenses. (i) Omitted (j) Additional definition of housing owner; re- strictions on payments (1) For the purpose of assisting housing under this section on an experimental basis, subject to the limitations of this subsection, the term ‘‘housing owner’’ (in addition to the meaning prescribed in subsection (b)) includes— (A) a private nonprofit corporation or other private nonprofit legal entity, a limited divi- dend corporation or other limited dividend legal entity, or a cooperative housing corpora- tion, which is a mortgagor under a mortgage which receives the benefits of the interest rate provided for in the proviso in section 221(d)(5) of the National Housing Act [12 U.S.C. 1715l(d)(5)] and which, after August 10, 1965, has been approved for mortgage insurance under section 221(d)(3) of the National Housing Act and has been approved for receiving the benefits of this section; (B) a private nonprofit corporation or other private nonprofit legal entity which is a mort- gagor under a mortgage insured under section 231(c)(3) of the National Housing Act [12 U.S.C. 1715v(c)(3)] and which, after August 10, 1965, has obtained final endorsement of such mort- gage for mortgage insurance and has been ap- proved for receiving the benefits of this sec- tion; (C) a private nonprofit corporation, a public body or agency, or a cooperative housing cor- poration, which is a borrower under section 1701q of this title and has been approved for re- ceiving the benefits of this section: Provided, That, with respect to properties financed with loans under such section made on or before August 10, 1965, payments shall not be made with respect to more than 20 per centum of the dwelling units in any property so financed; and (D) a private nonprofit corporation or other private nonprofit legal entity, a limited divi- dend corporation or other limited dividend legal entity, or a cooperative housing corpora- tion, which is assisted under section 236 of the National Housing Act [12 U.S.C. 1715z–1] and which has been approved for receiving the ben- efits of this section: Provided, That payments shall not be made with respect to more than 20 per centum of the dwelling units in any prop- erty so financed, except that the foregoing limitation may be increased to 40 per centum of the dwelling units in any such property if the Secretary determines that such increase is necessary and desirable in order to provide ad- ditional housing for individuals and families meeting the requirements of subsection (c). (2) Of the amounts approved in appropriation Acts pursuant to subsection (a) for payments under this section in any year, not more than 5 per centum in the aggregate shall be paid with respect to properties of housing owners as de- fined in paragraph (1)(A) of this subsection, and not more than 5 per centum in the aggregate shall be paid with respect to properties of hous- ing owners as defined in paragraphs (1)(B) and (1)(C) of this subsection. (k) Repealed. Pub. L. 105–276, title V, § 514(d), Oct. 21, 1998, 112 Stat. 2548 (l) Additional available assistance authority Notwithstanding the provisions of subsection (a) and any other provision of law, the Secretary may utilize additional authority under section 1437c(c) of title 42 made available by appropria- tion Acts on or after October 1, 1979, to supple- ment assistance authority available under this section. The Secretary shall utilize, to the ex- tent necessary after September 30, 1984, any au- thority under this section that is recaptured ei- ther as the result of the conversion of housing projects covered by assistance under this section to contracts for assistance under section 1437f of title 42 or otherwise (1) for the purpose of mak- ing assistance payments, including amendments as provided in subsection (g), with respect to housing projects assisted under this section, but not subject to mortgages insured under the Na- tional Housing Act [12 U.S.C. 1701 et seq.], that remain covered by assistance under this section; and (2) if not required to provide assistance under this section, and notwithstanding any other provision of law, for the purpose of con- tracting for assistance payments under section 236(f)(2) of the National Housing Act [12 U.S.C. 1715z–1(f)(2)]. (m) Payments for benefit of certain projects hav- ing mortgages made by State or local hous- ing finance or government agencies The Secretary shall, not later than 45 days after receipt of an application by the mortgagee, provide interest reduction and rental assistance payments for the benefit of projects assisted under this section whose mortgages were made by State or local housing finance agencies or State or local government agencies for a term equal to the remaining mortgage term to matu- rity on projects assisted under this section to the extent of— (1) unexpended balances of amounts of au- thority as set forth in certain letter agree- ments between the Department of Housing and Page 470 TITLE 12—BANKS AND BANKING § 1701s Urban Development and such State or local housing finance agencies or State or local gov- ernment agencies, and (2) existing allocation under section 236 con- tracts on projects whose mortgages were made by State or local housing finance agencies or State or local government agencies which are not being funded, to the extent of such excess allocation, for any purposes permitted under the provisions of this section. An application shall be eligible for assistance under the previous sentence only if the mort- gagee submits the application within 548 days after February 5, 1988, along with a certification of the mortgagee that amounts are to be utilized hereunder for the purpose of either (A) reducing rents or rent increases to tenants, or (B) making repairs or otherwise increasing the economic vi- ability of a related project. Unexpended balances referred to in the first sentence of this sub- section which remain after disposition of all such applications is favorably concluded shall be rescinded. The authority conferred by this sub- section to provide interest reduction and rental assistance payments shall be available only to the extent approved in appropriation Acts. (Pub. L. 89–117, title I, § 101, Aug. 10, 1965, 79 Stat. 451; Pub. L. 90–19, § 22(a), (c), May 25, 1967, 81 Stat. 26; Pub. L. 90–448, title II, §§ 201(e), 202, title XI, § 1106(b), Aug. 1, 1968, 82 Stat. 502, 503, 567; Pub. L. 91–152, title I, § 112, Dec. 24, 1969, 83 Stat. 383; Pub. L. 91–609, title I, §§ 103, 114[115](c), 118(b), 120(a), (b), Dec. 31, 1970, 84 Stat. 1771, 1774, 1775; Pub. L. 96–153, title II, § 203(a), Dec. 21, 1979, 93 Stat. 1106; Pub. L. 96–399, Oct. 8, 1980, title II, § 205, 94 Stat. 1630; Pub. L. 97–35, title III, §§ 322(g), 327, Aug. 13, 1981, 95 Stat. 403, 407; Pub. L. 98–181, title I [title II, §§ 203(b)(3), 219], Nov. 30, 1983, 97 Stat. 1178, 1187; Pub. L. 98–479, title I, § 102(d), title II, § 204(e), Oct. 17, 1984, 98 Stat. 2222, 2233; Pub. L. 100–242, title I, §§ 167(a)(2), 168, 170(h), title IV, § 430(b), Feb. 5, 1988, 101 Stat. 1864, 1867, 1920; Pub. L. 104–99, title IV, § 402(d)(5), Jan. 26, 1996, 110 Stat. 42; Pub. L. 105–276, title V, § 514(d), Oct. 21, 1998, 112 Stat. 2548.) Editorial Notes REFERENCES IN TEXT The National Housing Act, referred to in subsecs. (g) and (l), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to this chapter (§ 1701 et seq.). Title II of the National Housing Act is classified gen- erally to subchapter II (§ 1707 et seq.) of this chapter. For complete classification of this Act to the Code, see section 1701 of this title and Tables. Section 236 contracts, referred to in subsec. (m)(2), refer to contracts under section 1715z–1 of this title. CODIFICATION Subsecs. (f) and (i) of this section amended sections 1451(c) and 1465(c)(2) of Title 42, The Public Health and Welfare. Section was enacted as part of the Housing and Urban Development Act of 1965, and not as part of the Na- tional Housing Act which comprises this chapter. AMENDMENTS 1998—Subsec. (k). Pub. L. 105–276, which directed the repeal of subsec. (k) of section 1010 of Pub. L. 89–117, was executed by striking out subsec. (k) of this section, to reflect the probable intent of Congress. For text, see 1996 Amendment note below. 1996—Subsec. (k). Pub. L. 104–99 temporarily sub- stituted ‘‘[Reserved.]’’ for the text of subsec. (k), which read as follows: ‘‘In selecting individuals or families to be assisted under this section in accordance with the eligibility criteria and procedures established under subsection (e)(1) of this section, the project owner shall give preference to individuals or families who are occu- pying substandard housing, are paying more than 50 percent of family income for rent, or are involuntarily displaced at the time they are seeking housing assist- ance under this section.’’ See Effective and Termi- nation Dates of 1996 Amendment note below. 1988—Subsec. (e)(1). Pub. L. 100–242, § 168(1), struck out provisions authorizing the Secretary to issue, upon the request of a housing owner, certificates of facts con- cerning individuals and families applying for admission to, or residing in, dwellings of such owner. Subsec. (g). Pub. L. 100–242, § 167(a)(2), substituted ‘‘100 percent’’ for ‘‘90 per centum’’. Subsec. (j)(1)(D). Pub. L. 100–242, § 170(h), made amendment identical to Pub. L. 98–479, § 204(e). See 1984 Amendment note below. Subsec. (k). Pub. L. 100–242, § 168(2), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: ‘‘In making assistance available under this sec- tion, the Secretary shall give priority to individuals or families who are occupying substandard housing or are involuntarily displaced at the time they are seeking housing assistance under this section.’’ Subsec. (m). Pub. L. 100–242, § 430(b), added subsec. (m). 1984—Subsec. (g). Pub. L. 98–479, § 102(d), struck out ‘‘up to’’ before ‘‘90 per centum’’ in next to last sen- tence. Subsec. (j)(1)(D). Pub. L. 98–479, § 204(e), substituted ‘‘dividend’’ for ‘‘divided’’ before ‘‘legal entity’’. 1983—Subsec. (e)(1)(B). Pub. L. 98–181, § 203(b)(3), in- serted ‘‘, was paying more than 50 per centum of family income for rent,’’. Subsec. (g). Pub. L. 98–181, § 219(a), inserted provision relating to the offer annually to amend contracts to en- sure that qualified tenants receive the benefit of assist- ance contracted for under this section. Subsec. (l). Pub. L. 98–181, § 219(b), inserted provision relating to the utilization by the Secretary of any au- thority under this section that is recaptured. 1981—Subsec. (c)(2). Pub. L. 97–35, § 322(g)(1), sub- stituted provisions defining ‘‘income’’ as income from all sources of each member and criteria for exclusions, for provisions defining ‘‘income’’ as determined under section 1437f of title 42. Subsec. (d). Pub. L. 97–35, §§ 322(g)(2), 327(b), sub- stituted provisions relating to determination of annual payment amount, for provisions relating to determina- tion of maximum amount of annual payment. Subsec. (e)(2). Pub. L. 97–35, § 322(g)(3), substituted provisions relating to annual recertifications, for pro- visions relating to the elderly and recertifications at intervals of two years or shorter. Subsec. (l). Pub. L. 97–35, § 327(a), substituted provi- sions relating to additional available assistance au- thority, for provisions relating to amendment of con- tracts. 1980—Subsec. (l). Pub. L. 96–399 substituted ‘‘shall, not later than 4 years after October 8, 1980,’’ for ‘‘may’’ in first sentence; inserted second sentence relating to amending of contracts; and substituted ‘‘the first sen- tence of this paragraph’’ for ‘‘preceding’’ in last sen- tence. 1979—Subsec. (c). Pub. L. 96–153, § 203(a)(l), revised def- inition of ‘‘qualified tenant’’ and inserted definition of ‘‘income’’. Subsec. (d). Pub. L. 96–153, § 203(a)(2), struck out pro- visions that in determining the income of tenants, an amount equal to $300 for each minor person shall be de- ducted and that the earnings of minor persons shall not be included in the income of the tenant, and inserted provisions relating to the determination of amount of payments under contracts amended pursuant to subsec. (j) of this section by reference to section 1437f of title 42. Page 471 TITLE 12—BANKS AND BANKING § 1701t Subsec. (e)(1)(B). Pub. L. 96–153, § 203(a)(3), substituted ‘‘occupying substandard housing or was involuntarily displaced at the time it was seeking assistance under this section’’ for ‘‘displaced by governmental action, is elderly, is physically handicapped, or is (or was) occu- pying substandard housing or housing extensively dam- aged or destroyed as the result of a natural disaster’’. Subsecs. (k), (l). Pub. L. 96–153, § 203(a)(4), added sub- secs. (k) and (l). 1970—Subsec. (a). Pub. L. 91–609, § 103, increased max- imum amount of payments by $40,000,000 on July 1, 1971. Subsec. (b). Pub. L. 91–609, §§ 114[115](c), 118(b), au- thorized payments to housing owners with respect to projects with dwelling units without kitchen facilities and provided for percentage limitation on payments to housing owner, and substituted ‘‘which may involve ei- ther new or existing construction and which’’ for ‘‘which prior to completion of construction or rehabili- tation’’ before ‘‘is approved’’, respectively. Subsec. (c)(2)(F). Pub. L. 91–609, § 120(a), added par. (F). Subsec. (e)(1)(B). Pub. L. 91–609, § 120(b), provided for issuance of certificates with respect to whether the in- dividual or family is a member of the Armed Forces of the United States serving on active duty. 1969—Subsec. (j)(1)(D). Pub. L. 91–152 inserted excep- tion which authorized the Secretary to increase pay- ments to 40 per centum of the dwelling units under the specified conditions. 1968—Subsec. (a). Pub. L. 90–448, § 202(a), increased maximum amount of payments by $40,000,000 on July 1, 1969, and by $100,000,000 on July 1, 1970. Subsec. (b). Pub. L. 90–448, § 202(b), included within definition of ‘‘housing owner’’ a private nonprofit cor- poration or other private nonprofit legal entity, a lim- ited dividend corporation or other limited dividended legal entity, or a cooperative housing corporation, which is the owner of a rental or cooperative housing project financed under a State or local program. Subsec. (c)(2)(E). Pub. L. 90–448, § 1106(b), substituted ‘‘affected by a disaster’’ for ‘‘affected by a natural dis- aster’’. Subsec. (d). Pub. L. 90–448, § 201(e)(1), inserted provi- sions authorizing, in determining the income of any tenant, a deduction of an amount equal to $300 for each minor person who is a member of the immediate family of the tenant and living with the tenant, and directing that the earnings of any such minor shall not be in- cluded in the income of such tenant. Subsec. (g). Pub. L. 90–448, § 201(e)(2), inserted ref- erence to section 1715z–1 of this title. Subsec. (j)(1)(D). Pub. L. 90–448, § 201(e)(3), inserted subpar. (D). 1967—Pub. L. 90–19, § 22(a), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing in subsecs. (c), (d), (e), and (g). Subsec. (a). Pub. L. 90–19, § 22(c)(1), substituted ‘‘Sec- retary of Housing and Urban Development (hereinafter referred to as the ‘Secretary’)’’ for ‘‘Housing and Home Finance Administrator (hereinafter referred to as the ‘Administrator’)’’. Subsec. (g). Pub. L. 90–19, § 22(c)(2), consolidated in the Secretary of Housing and Urban Development the authorities of the Federal Housing Commissioner and the Housing and Home Finance Administrator with re- spect to housing assisted under sections 1715l(d)(3) and 1715v(c)(3), and section 1701q of this title, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–276, title V, § 514(g), Oct. 21, 1998, 112 Stat. 2549, provided that: ‘‘This section [amending this sec- tion, sections 1701z–11 and 4116 of this title, and sec- tions 1437d, 1437f, 12899d, and 13615 of Title 42, The Pub- lic Health and Welfare, enacting provisions set out as notes under sections 1437a and 1437f of Title 42, and re- pealing provisions set out as notes under sections 1437d and 1437f of Title 42] shall take effect on, and the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act [Oct. 21, 1998].’’ EFFECTIVE AND TERMINATION DATES OF 1996 AMENDMENT Amendment by Pub. L. 104–99 effective Jan. 26, 1996, and only for fiscal years 1996, 1997, and 1998, and to cease to be effective Oct. 21, 1998, see section 402(f) of Pub. L. 104–99, as amended, and section 514(f) of Pub. L. 105–276, set out as notes under section 1437a of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as an Effective Date note under section 3701 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–153, title II, § 203(c), Dec. 21, 1979, 93 Stat. 1107, providing for the effective date of amendment of this section and section 1715z–1 of this title as Dec. 21, 1979, and setting forth maximum applicable tenant con- tribution, was repealed by Pub. L. 97–35, title III, §§ 322(h)(2), 371, Aug. 13, 1981, 95 Stat. 404, 431, eff. Oct. 1, 1981. AMENDMENTS TO CONTRACTS Pub. L. 109–115, div. A, title III, Nov. 30, 2005, 119 Stat. 2453, provided in part: ‘‘That amendments to such con- tracts [under this section and section 1715z–1(f)(2) of this title in State-aided, non-insured rental housing projects] hereafter may be for a period less than the term of the respective contracts.’’ LIMITATION ON WITHHOLDING OR CONDITIONING OF ASSISTANCE Assistance provided for in Housing and Community Development Act of 1974, National Housing Act, United States Housing Act of 1937, Housing Act of 1949, Dem- onstration Cities and Metropolitan Development Act of 1966, and Housing and Urban Development Acts of 1965, 1968, 1969, and 1970 [see Short Title note set out under section 1701 of this title], not to be withheld or made subject to conditions by reason of tax-exempt status of obligations issued or to be issued for financing of as- sistance, except as otherwise provided by law, see sec- tion 817 of Pub. L. 93–383, set out as a note under sec- tion 5301 of Title 42, The Public Health and Welfare. § 1701t. Congressional affirmation of national goal of decent homes and suitable living en- vironment for American families The Congress affirms the national goal, as set forth in section 1441 of title 42, of ‘‘a decent home and a suitable living environment for every American family’’. The Congress finds that this goal has not been fully realized for many of the Nation’s lower in- come families; that this is a matter of grave na- tional concern; and that there exist in the pub- lic and private sectors of the economy the re- sources and capabilities necessary to the full re- alization of this goal. The Congress declares that in the administra- tion of those housing programs authorized by this Act which are designed to assist families with incomes so low that they could not other- wise decently house themselves, and of other Government programs designed to assist in the provision of housing for such families, the high- est priority and emphasis should be given to meeting the housing needs of those families for which the national goal has not become a re- ality; and in the carrying out of such programs