Home > 104th Congressional Public Laws > Pub.L. 104-121 To provide for enactment of the Senior Citizens' Right to Work Act of 1996, the Line Item Veto Act, and the Small Business Growth and Fairness Act of 1996, and to provide for a permanent increase in the public debt limit. <Pub.L. 104-121 To provide for enactment of the Senior Citizens' Right to Work Act of 1996, the Line Item Veto Act, and the Small Business Growth and Fairness Act of 1996, and to provide for a permanent increase in the public debt limit. <
``designated housing for elderly and disabled families
``Sec. 7. (a) Authority To Provide Designated Housing.--
``(1) In general.--Subject only to provisions of this
section and notwithstanding any other provision of law, a public
housing agency for which a plan under subsection (d) is in
effect may provide public housing projects (or portions of
projects) designated for occupancy by (A) only elderly families,
(B) only disabled families, or (C) elderly and disabled
families.
``(2) Priority for occupancy.--In determining priority for
admission to public housing projects (or portions of projects)
that are designated for occupancy as provided in paragraph (1),
the public housing agency may make units in such projects
[[Page 110 STAT. 839]]
(or portions) available only to the types of families for whom
the project is designated.
``(3) Eligibility of near-elderly families.--If a public
housing agency determines that there are insufficient numbers of
elderly families to fill all the units in a project (or portion
of a project) designated under paragraph (1) for occupancy by
only elderly families, the agency may provide that near-elderly
families may occupy dwelling units in the project (or portion).
``(b) Standards Regarding Evictions.--Except as provided in section
16(e)(1)(B), any tenant who is lawfully residing in a dwelling unit in a
public housing project may not be evicted or otherwise required to
vacate such unit because of the designation of the project (or portion
of a project) pursuant to this section or because of any action taken by
the Secretary or any public housing agency pursuant to this section.
``(c) Relocation Assistance.--A public housing agency that
designates any existing project or building, or portion thereof, for
occupancy as provided under subsection (a)(1) shall provide, to each
person and family who agrees to be relocated in connection with such
designation--
``(1) <<NOTE: Notice.>> notice of the designation and an
explanation of available relocation benefits, as soon as is
practicable for the agency and the person or family;
``(2) access to comparable housing (including appropriate
services and design features), which may include tenant-based
rental assistance under section 8, at a rental rate paid by the
tenant that is comparable to that applicable to the unit from
which the person or family has vacated; and
``(3) payment of actual, reasonable moving expenses.
``(d) Required Plan.--A plan under this subsection for designating a
project (or portion of a project) for occupancy under subsection (a)(1)
is a plan, prepared by the public housing agency for the project and
submitted to the Secretary, that--
``(1) establishes that the designation of the project is
necessary--
``(A) to achieve the housing goals for the
jurisdiction under the comprehensive housing
affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing Act; and
``(B) to meet the housing needs of the low-income
population of the jurisdiction; and
``(2) includes a description of--
``(A) the project (or portion of a project) to be
designated;
``(B) the types of tenants for which the project is
to be designated;
``(C) any supportive services to be provided to
tenants of the designated project (or portion);
``(D) how the design and related facilities (as such
term is defined in section 202(d)(8) of the Housing Act
of 1959) of the project accommodate the special
environmental needs of the intended occupants; and
``(E) any plans to secure additional resources or
housing assistance to provide assistance to families
that may have been housed if occupancy in the project
were not restricted pursuant to this section.
[[Page 110 STAT. 840]]
For purposes of this subsection, the term `supportive services' means
services designed to meet the special needs of residents.
``(e) Review of Plans.--
``(1) Review and notification.--The Secretary shall conduct
a limited review of each plan under subsection (d) that is
submitted to the Secretary to ensure that the plan is complete
and complies with the requirements of subsection (d). The
Secretary shall notify each public housing agency submitting a
plan whether the plan complies with such requirements not later
than 60 days after receiving the plan. If the Secretary does not
notify the public housing agency, as required under this
paragraph or paragraph (2), the plan shall be considered, for
purposes of this section, to comply with the requirements under
subsection (d) and the Secretary shall be considered to have
notified the agency of such compliance upon the expiration of
such 60-day period.
``(2) Notice of reasons for determination of
noncompliance.--If the Secretary determines that a plan, as
submitted, does not comply with the requirements under
subsection (d), the Secretary shall specify in the notice under
paragraph (1) the reasons for the noncompliance and any
modifications necessary for the plan to meet such requirements.
``(3) Standards for determination of noncompliance.--The
Secretary may determine that a plan does not comply with the
requirements under subsection (d) only if--
``(A) the plan is incomplete in significant matters
required under such subsection; or
``(B) there is evidence available to the Secretary
that challenges, in a substantial manner, any
information provided in the plan.
``(4) Treatment of existing plans.--Notwithstanding any
other provision of this section, a public housing agency shall
be considered to have submitted a plan under this subsection if
the agency has submitted to the Secretary an application and
allocation plan under this section (as in effect before the date
of the enactment of the Housing Opportunity Program Extension
Act of 1996) that have not been approved or disapproved before
such date of enactment.
``(f) Effectiveness.--
``(1) 5-year effectiveness of original plan.--A plan under
subsection (d) shall be in effect for purposes of this section
during the 5-year period that begins upon notification under
subsection (e)(1) of the public housing agency that the plan
complies with the requirements under subsection (d).
``(2) Renewal of plan.--Upon the expiration of the 5-year
period under paragraph (1) or any 2-year period under this
paragraph, an agency may extend the effectiveness of the
designation and plan for an additional 2-year period (that
begins upon such expiration) by submitting to the Secretary any
information needed to update the plan. The Secretary may not
limit the number of times a public housing agency extends the
effectiveness of a designation and plan under this paragraph.
``(3) Transition provision.--Any application and allocation
plan approved under this section (as in effect before the date
of the enactment of the Housing Opportunity Program Extension
Act of 1996) before such date of enactment shall be consid
[[Page 110 STAT. 841]]
ered to be a plan under subsection (d) that is in effect for
purposes of this section for the 5-year period beginning upon
such approval.
``(g) Inapplicability of Uniform Relocation Assistance and Real
Property Acquisitions Policy Act of 1970.--No tenant of a public housing
project shall be considered to be displaced for purposes of the Uniform
Relocation Assistance and Real Property Acquisitions Policy Act of 1970
because of the designation of any existing project or building, or
portion thereof, for occupancy as provided under subsection (a) of this
section.
``(h) Inapplicability to Indian Housing.--The provisions of this
section shall not apply with respect to low-income housing developed or
operated pursuant to a contract between the Secretary and an Indian
housing authority.''.
(b) Authorization of Appropriations for Implementation of Allocation
Plans.--There are authorized to be appropriated for fiscal year 1996
such sums as may be necessary for rental subsidy contracts under the
existing housing certificate and housing voucher programs under section
8 of the United States Housing Act of 1937 for public housing agencies
to implement allocations plans for designated housing under section 7 of
such Act that are approved by the Secretary of Housing and Urban
Development.
SEC. 11. <<NOTE: 42 USC 12805 note.>> ASSISTANCE FOR HABITAT FOR
HUMANITY AND OTHER SELF-HELP HOUSING
PROVIDERS.
(a) Grant Authority.--The Secretary of Housing and Urban Development
may, to the extent amounts are available to carry out this section and
the requirements of this section are met, make grants for use in
accordance with this section to--
(1) Habitat for Humanity International, whose organizational
headquarters are located in Americus, Georgia; and
(2) other national or regional organizations or consortia
that have experience in providing or facilitating self-help
housing homeownership opportunities.
(b) Goals and Accountability.--In making grants under this section,
the Secretary shall take such actions as may be necessary to ensure
that--
(1) assistance provided under this section is used to
facilitate and encourage innovative homeownership opportunities
through the provision of self-help housing, under which the
homeowner contributes a significant amount of sweat equity
toward the construction of the new dwelling;
(2) assistance provided under this section for land
acquisition and infrastructure development results in the
development of not less than 4,000 new dwellings;
(3) the dwellings constructed in connection with assistance
provided under this section are quality dwellings that comply
with local building and safety codes and standards and are
available at prices below the prevailing market prices;
(4) the provision of assistance under this section
establishes and fosters a partnership between the Federal
Government and Habitat for Humanity International, its
affiliates, and other organizations and consortia, resulting in
efficient development of affordable housing with minimal
governmental intervention, limited governmental regulation, and
significant involvement by private entities;
[[Page 110 STAT. 842]]
(5) activities to develop housing assisted pursuant to this
section involve community participation similar to the
homeownership program carried out by Habitat for Humanity
International, in which volunteers assist in the construction of
dwellings; and
(6) dwellings are developed in connection with assistance
under this section on a geographically diverse basis, which
includes areas having high housing costs, rural areas, and areas
underserved by other homeownership opportunities that are
populated by low-income families unable to otherwise afford
housing.
<<NOTE: Notification.>> If, at any time, the Secretary determines that
the goals under this subsection cannot be met by providing assistance in
accordance with the terms of this section, the Secretary shall
immediately notify the applicable Committees in writing of such
determination and any proposed changes for such goals or this section.
(c) Allocation.--Of any amounts available for grants under this
section--
(1) 62.5 percent shall be used for a grant to the
organization specified in subsection (a)(1); and
(2) 37.5 percent shall be used for grants to organizations
and consortia under subsection (a)(2).
(d) Use.--
(1) Purpose.--Amounts from grants made under this section,
including any recaptured amounts, shall be used only for
eligible expenses in connection with developing new decent,
safe, and sanitary nonluxury dwellings in the United States for
families and persons who otherwise would be unable to afford to
purchase a dwelling.
(2) Eligible expenses.--For purposes of paragraph (1), the
term ``eligible expenses'' means costs only for the following
activities:
(A) Land acquisition.--Acquiring land (including
financing and closing costs).
(B) Infrastructure improvement.--Installing,
extending, constructing, rehabilitating, or otherwise
improving utilities and other infrastructure.
Such term does not include any costs for the rehabilitation,
improvement, or construction of dwellings.
(e) Establishment of Grant Fund.--
(1) In general.--Any amounts from any grant made under this
section shall be deposited by the grantee organization or
consortium in a fund that is established by such organization or
consortium for such amounts, administered by such organization
or consortium, and available for use only for the purposes under
subsection (d). Any interest, fees, or other earnings of the
fund shall be deposited in the fund and shall be considered
grant amounts for purposes of this section.
(2) Assistance to habitat for humanity affiliates.--Habitat
for Humanity International may use amounts in the fund
established for such organization pursuant to paragraph (1) for
the purposes under subsection (d) by providing assistance from
the fund to local affiliates of such organization.
(f) Requirements for Assistance to Other Organizations.--The
Secretary may make a grant to an organization or consortium under
subsection (a)(2) only pursuant to--
[[Page 110 STAT. 843]]
(1) an expression of interest by such organization or
consortia to the Secretary for a grant for such purposes;
(2) a determination by the Secretary that the organization
or consortia has the capability and has obtained financial
commitments (or has the capacity to obtain financial
commitments) necessary to--
(A) develop not less than 30 dwellings in connection
with the grant amounts; and
(B) otherwise comply with a grant agreement under
subsection (i); and
(3) a grant agreement entered into under subsection (i).
(g) Treatment of Unused Amounts.--Upon the expiration of the 6-month
period beginning upon the Secretary first providing notice of the
availability of amounts for grants under subsection (a)(2), the
Secretary shall determine whether the amount remaining from the
aggregate amount reserved under subsection (c)(2) exceeds the amount
needed to provide funding in connection with any expressions of interest
under subsection (f)(1) made by such date that are likely to result in
grant agreements under subsection (i). If the Secretary determines that
such excess amounts remain, the Secretary shall provide the excess
amounts to Habitat for Humanity International by making a grant to such
organization in accordance with this section.
(h) Geographical Diversity.--In using grant amounts provided under
subsection (a)(1), Habitat for Humanity International shall ensure that
the amounts are used in a manner that results in national geographic
diversity among housing developed using such amounts. In making grants
under subsection (a)(2), the Secretary shall ensure that grants are
provided and grant amounts are used in a manner that results in national
geographic diversity among housing developed using grant amounts under
this section.
(i) Grant Agreement.--A grant under this section shall be made only
pursuant to a grant agreement entered into by the Secretary and the
organization or consortia receiving the grant, which shall--
(1) require such organization or consortia to use grant
amounts only as provided in this section;
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