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42 U.S. Code § 8013. Supportive housing for persons with disabilities
(a) PurposeThe purpose of this section is to enable persons with disabilities to live with dignity and independence within their communities by expanding the supply of supportive housing that—
(1)
is designed to accommodate the special needs of such persons;
(2)
makes available supportive services that address the individual health, mental health, and other needs of such persons; and
(3)
promotes and facilitates community integration for people with significant and long-term disabilities.
(b) Authority to provide assistanceThe Secretary is authorized to take the following actions:
(1) Tenant-based assistance
To provide tenant-based rental assistance to eligible persons with disabilities, in accordance with subsection (d)(4).
(2) Capital advancesTo provide assistance to private, nonprofit organizations to expand the supply of supportive housing for persons with disabilities, which shall be provided as—
(A)
capital advances in accordance with subsection (d)(1), and
(B)
contracts for project rental assistance in accordance with subsection (d)(2);
assistance under this paragraph may be used to finance the acquisition, acquisition and moderate rehabilitation, construction, reconstruction, or moderate or substantial rehabilitation of housing, including the acquisition from the Resolution Trust Corporation, to be used as supportive housing for persons with disabilities and may include real property acquisition, site improvement, conversion, demolition, relocation, and other expenses that the Secretary determines are necessary to expand the supply of supportive housing for persons with disabilities.
(3) Project rental assistance
(A) In general
To offer additional methods of financing supportive housing for non-elderly adults with disabilities, the Secretary shall make funds available for project rental assistance pursuant to subparagraph (B) for eligible projects under subparagraph (C). The Secretary shall provide for State housing finance agencies and other appropriate entities to apply to the Secretary for such project rental assistance funds, which shall be made available by such agencies and entities for dwelling units in eligible projects based upon criteria established by the Secretary. The Secretary may not require any State housing finance agency or other entity applying for such project rental assistance funds to identify in such application the eligible projects for which such funds will be used, and shall allow such agencies and applicants to subsequently identify such eligible projects pursuant to the making of commitments described in subparagraph (C)(ii).
(B) Contract terms
(i) Contract termsProject rental assistance under this paragraph shall be provided—
(I)
in accordance with subsection (d)(2); and
(II)
under a contract having an initial term of not less than 180 months that provides funding for a term 60 months, which funding shall be renewed upon expiration, subject to the availability of sufficient amounts in appropriation Acts.
(ii) Limitation on units assisted
Of the total number of dwelling units in any multifamily housing project containing any unit for which project rental assistance under this paragraph is provided, the aggregate number that are provided such project rental assistance, that are used for supportive housing for persons with disabilities, or to which any occupancy preference for persons with disabilities applies, may not exceed 25 percent of such total.
(iii) Prohibition of capital advances
The Secretary may not provide a capital advance under subsection (d)(1) for any project for which assistance is provided under this paragraph.
(iv) Eligible population
Project rental assistance under this paragraph may be provided only for dwelling units for extremely low-income persons with disabilities and extremely low-income households that include at least one person with a disability.
(C) Eligible projectsAn eligible project under this subparagraph is a new or existing multifamily housing project for which—
(i)
the development costs are paid with resources from other public or private sources; and
(ii) a commitment has been made—
(I)
by the applicable State agency responsible for allocation of low-income housing tax credits under section 42 of title 26, for an allocation of such credits;
(II)
by the applicable participating jurisdiction that receives assistance under the HOME Investment Partnership [1] Act [42 U.S.C. 12721 et seq.], for assistance from such jurisdiction; or
(III)
by any Federal agency or any State or local government, for funding for the project from funds from any other sources.
(D) State agency involvementAssistance under this paragraph may be provided only for projects for which the applicable State agency responsible for health and human services programs, and the applicable State agency designated to administer or supervise the administration of the State plan for medical assistance under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], have entered into such agreements as the Secretary considers appropriate—
(i)
to identify the target populations to be served by the project;
(ii)
to set forth methods for outreach and referral; and
(iii)
to make available appropriate services for tenants of the project.
(E) Use requirements
In the case of any project for which project rental assistance is provided under this paragraph, the dwelling units assisted pursuant to subparagraph (B) shall be operated for not less than 30 years as supportive housing for persons with disabilities, in accordance with the application for the project approved by the Secretary, and such dwelling units shall, during such period, be made available for occupancy only by persons and households described in subparagraph (B)(iv).
(F) ReportNot later than 3 years after January 4, 2011, and again 2 years thereafter, the Secretary shall submit to Congress a report—
(i)
describing the assistance provided under this paragraph;
(ii)
analyzing the effectiveness of such assistance, including the effectiveness of such assistance compared to the assistance program for capital advances set forth under subsection (d)(1) (as in effect pursuant to the amendments made by such Act); [2] and
(iii)
making recommendations regarding future models for assistance under this section.