42 U.S.C. § 1437o — Repealed. Pub. L. 101–625, title II,

Page 4673 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1437o (d) and struck out former subsecs. (a) to (d). Prior to amendment, subsec. (a) related to percentage avail- ability under contracts prior to Oct. 1, 1981, subsec. (b) related to percentage availability under contracts on or after Oct. 1, 1981, subsec. (c) related to admission procedures implementing subsec. (b), and subsec. (d) re- lated to applicability of admission procedures limita- tions. Subsec. (e). Pub. L. 105–276, § 576(d)(2), struck out heading and text of subsec. (e), which directed public housing agency to establish standards to prohibit occu- pancy by and terminate tenancy of any person illegally using controlled substance or whose use of controlled substance or abuse of alcohol might interfere with peaceful enjoyment of premises by other residents, and authorized agency to consider rehabilitation of person in making determination to deny occupancy. Subsec. (f). Pub. L. 105–276, § 428, added subsec. (f). 1996—Pub. L. 104–120, § 9(d)(1), substituted ‘‘Eligi- bility’’ for ‘‘Income eligibility’’ in section catchline. Subsec. (c). Pub. L. 104–99 temporarily substituted ‘‘the written system of preferences for selection estab- lished by the public housing agency pursuant to section 1437d(c)(4)(A)’’ for ‘‘the system of preferences estab- lished by the agency pursuant to section 1437d(c)(4)(A)(ii)’’. See Effective and Termination Dates of 1996 Amendments note below. Subsec. (d). Pub. L. 104–330, § 501(b)(7)(A), redesignated par. (1) as entire subsec. and struck out par. (2) which read as follows: ‘‘The limitations established in sub- sections (a) and (b) of this section shall not apply to dwelling units assisted by Indian public housing agen- cies, to scattered site public housing dwelling units sold or intended to be sold to public housing tenants under section 1437c(h) of this title..’’ Subsec. (e). Pub. L. 104–120, § 9(d)(2), added subsec. (e). Subsec. (e)(3). Pub. L. 104–330, § 501(b)(7)(B), struck out heading and text of par. (3). Text read as follows: ‘‘This subsection does not apply to any dwelling unit assisted by an Indian housing authority.’’ 1992—Subsec. (c). Pub. L. 102–550, § 105(a), substituted ‘‘very low-income families and shall’’ for ‘‘very low-in- come families, shall’’ and ‘‘. In developing such admis- sion procedures, the Secretary shall’’ for ‘‘, and shall’’ and inserted ‘‘; except that such prohibition shall not apply with respect to families selected for occupancy in public housing under the system of preferences estab- lished by the agency pursuant to section 1437d(c)(4)(A)(ii) of this title’’ after ‘‘higher income families for residence’’. Subsec. (d)(2). Pub. L. 102–550, § 105(b), inserted before period at end ‘‘, to scattered site public housing dwell- ing units sold or intended to be sold to public housing tenants under section 1437c(h) of this title.’’ 1990—Subsec. (a). Pub. L. 101–625, § 572(1), substituted ‘‘low-income families’’ for ‘‘lower income families’’. Subsec. (b). Pub. L. 101–625, § 572(1), substituted ‘‘low- income families’’ for ‘‘lower income families’’ in par. (1). Pub. L. 101–625, § 511, designated existing provisions as par. (1), substituted ‘‘15 percent’’ for ‘‘5 per centum’’, and added par. (2). Subsecs. (c), (d)(1). Pub. L. 101–625, § 572(1), sub- stituted ‘‘low-income families’’ for ‘‘lower income fami- lies’’ wherever appearing. 1988—Subsec. (b). Pub. L. 100–242, § 112(b)(8), struck out ‘‘annual’’ before ‘‘contributions’’. Subsec. (c). Pub. L. 100–628 substituted ‘‘shall estab- lish an appropriate specific percentage of lower income families other than very-low income families that may be assisted in each assisted housing program’’ for ‘‘and shall establish, as appropriate, differing percentage limitations on admission of lower income families in separate assisted housing programs’’ and inserted be- fore period at end of first sentence ‘‘, and shall prohibit project owners from selecting families for residence in an order different from the order on the waiting list for the purpose of selecting relatively higher income fami- lies for residence’’. Pub. L. 100–242, § 103, added subsec. (c). Subsec. (d). Pub. L. 100–242, § 103, added subsec. (d). 1983—Subsec. (a). Pub. L. 98–181 increased to 25 from 10 the percentage of dwelling units available for leas- ing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENTS Pub. L. 105–277, div. A, § 123, Oct. 21, 1998, 112 Stat. 2681–546, provided that the amendment made by section 123 of Pub. L. 105–277 is effective upon enactment of Pub. L. 105–276. Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as other- wise provided, with provision that Secretary may im- plement amendment before such date, except to extent that such amendment provides otherwise, and with sav- ings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title. Pub. L. 105–276, title V, § 513(b), Oct. 21, 1998, 112 Stat. 2547, provided that: ‘‘This section [amending this sec- tion] shall take effect on, and the amendments under 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 AMENDMENTS Amendment by Pub. L. 104–330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians. Amendment by Pub. L. 104–120 to be construed to have become effective Oct. 1, 1995, notwithstanding the effective date of any regulations issued by Secretary of Housing and Urban Development to implement amend- ments by sections 9 and 10 of Pub. L. 104–120 or any fail- ure by Secretary to issue any such regulations, see sec- tion 13 of Pub. L. 104–120, set out as a note under sec- tion 1437d of this title. Amendment by Pub. L. 104–99 effective Jan. 26, 1996, 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 this title. EFFECTIVE DATE Section effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as a note under section 3701 of Title 12, Banks and Banking. § 1437o. Repealed. Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128 Section, act Sept. 1, 1937, ch. 896, title I, § 17, as added Nov. 30, 1983, Pub. L. 98–181, title I [title III, § 301], 97 Stat. 1196; amended Oct. 17, 1984, Pub. L. 98–479, title I, § 103, 98 Stat. 2223; Oct. 18, 1986, Pub. L. 99–500, § 101(g), 100 Stat. 1783–242, and Oct. 30, 1986, Pub. L. 99–591, § 101(g), 100 Stat. 3341–242; Dec. 22, 1987, Pub. L. 100–202, §§ 101(f) [title I, § 101], 106, 101 Stat. 1329–187, 1329–189, 1329–433; Feb. 5, 1988, Pub. L. 100–242, title I, §§ 150, 151, 170(e), 101 Stat. 1853, 1854, 1867; renumbered title I, June 29, 1988, Pub. L. 100–358, § 5, 102 Stat. 681; Nov. 7, 1988, Pub. L. 100–628, title X, § 1007, 102 Stat. 3266; June 30, 1989, Pub. L. 101–45, title I, 103 Stat. 112; Dec. 15, 1989, Pub. L. 101–235, title III, § 304, 103 Stat. 2044; May 25, 1990, Pub. L. 101–302, title II, 104 Stat. 238; Nov. 5, 1990, Pub. L. 101–507, title II, 104 Stat. 1369; Nov. 28, 1990, Pub. L. 101–625, title V, § 572(1), 104 Stat. 4236; Apr. 10, 1991, Pub. L. 102–27, title II, 105 Stat. 150; Oct. 28, 1992, Pub. L. 102–550, title VI, § 625(a)(4), 106 Stat. 3820, authorized Secretary to make rental rehabilitation and develop- ment grants. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1991, and except with respect to projects and programs for which binding commit- Page 4674 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1437p 1 So in original. The word ‘‘and’’ probably should not appear. ments have been entered into prior to Oct. 1, 1991, no new grants or loans to be made after Oct. 1, 1991, under this section, see section 12839(a)(1), (b)(1) of this title. § 1437p. Demolition and disposition of public housing (a) Applications for demolition and disposition Except as provided in subsection (b), upon re- ceiving an application by a public housing agen- cy for authorization, with or without financial assistance under this subchapter, to demolish or dispose of a public housing project or a portion of a public housing project (including any trans- fer to a resident-supported nonprofit entity), the Secretary shall approve the application, if the public housing agency certifies— (1) in the case of— (A) an application proposing demolition of a public housing project or a portion of a public housing project, that— (i) the project or portion of the public housing project is obsolete as to physical condition, location, or other factors, mak- ing it unsuitable for housing purposes; and (ii) no reasonable program of modifica- tions is cost-effective to return the public housing project or portion of the project to useful life; and (B) an application proposing the demoli- tion of only a portion of a public housing project, that the demolition will help to en- sure the viability of the remaining portion of the project; (2) in the case of an application proposing disposition by sale or other transfer of a pub- lic housing project or other real property sub- ject to this subchapter— (A) the retention of the property is not in the best interests of the residents or the public housing agency because— (i) conditions in the area surrounding the public housing project adversely affect the health or safety of the residents or the feasible operation of the project by the public housing agency; or (ii) disposition allows the acquisition, development, or rehabilitation of other properties that will be more efficiently or effectively operated as low-income hous- ing; (B) the public housing agency has other- wise determined the disposition to be appro- priate for reasons that are— (i) in the best interests of the residents and the public housing agency; (ii) consistent with the goals of the pub- lic housing agency and the public housing agency plan; and (iii) otherwise consistent with this sub- chapter; or (C) for property other than dwelling units, the property is excess to the needs of a pub- lic housing project or the disposition is inci- dental to, or does not interfere with, contin- ued operation of a public housing project; (3) that the public housing agency has spe- cifically authorized the demolition or disposi- tion in the public housing agency plan, and has certified that the actions contemplated in the public housing agency plan comply with this section; (4) that the public housing agency— (A) will notify each family residing in a project subject to demolition or disposition 90 days prior to the displacement date, ex- cept in cases of imminent threat to health or safety, consistent with any guidelines issued by the Secretary governing such noti- fications, that— (i) the public housing project will be de- molished or disposed of; (ii) the demolition of the building in which the family resides will not com- mence until each resident of the building is relocated; and (iii) each family displaced by such action will be offered comparable housing— (I) that meets housing quality stand- ards; (II) that is located in an area that is generally not less desirable than the lo- cation of the displaced person’s housing; and (III) which may include— (aa) tenant-based assistance, except that the requirement under this clause regarding offering of comparable hous- ing shall be fulfilled by use of tenant- based assistance only upon the reloca- tion of such family into such housing; (bb) project-based assistance; or (cc) occupancy in a unit operated or assisted by the public housing agency at a rental rate paid by the family that is comparable to the rental rate appli- cable to the unit from which the fam- ily is vacated; (B) will provide for the payment of the ac- tual and reasonable relocation expenses of each resident to be displaced; (C) will ensure that each displaced resident is offered comparable housing in accordance with the notice under subparagraph (A); and 1 (D) will provide any necessary counseling for residents who are displaced; and (E) will not commence demolition or com- plete disposition until all residents residing in the building are relocated; (5) that the net proceeds of any disposition will be used— (A) unless waived by the Secretary, for the retirement of outstanding obligations issued to finance the original public housing project or modernization of the project; and (B) to the extent that any proceeds remain after the application of proceeds in accord- ance with subparagraph (A), for— (i) the provision of low-income housing or to benefit the residents of the public housing agency; or (ii) leveraging amounts for securing commercial enterprises, on-site in public housing projects of the public housing agency, appropriate to serve the needs of the residents; and