42 U.S.C. § 1437e — Designated housing for elderly and disabled families

(a) Authority to provide designated housing. (1) General rule. Subject only to this section and despite any other law, a public housing agency with a plan in effect under subsection (d) may provide public-housing projects, or parts of projects, for occupancy by (A) only elderly families, (B) only disabled families, or (C) elderly and disabled families. (2) Priority for occupancy. When deciding priority for admission to a designated project or part of one, the agency may make the units available only to the types of families for which the project is designated. (3) Near-elderly families. If the agency decides there are not enough elderly families to fill all units in a project or part designated only for elderly families, it may allow near-elderly families to occupy those units. (b) Eviction standards. Except as provided in section 1437n(e)(1)(B), a tenant lawfully living in a public-housing unit may not be evicted or otherwise required to leave because the project or part of it is designated under this section, or because the Secretary or agency takes action under this section. (c) Relocation assistance. An agency that designates an existing project, building, or part of one must give each person or family that agrees to move because of the designation (1) notice of the designation and an explanation of available relocation benefits as soon as practicable for the agency and the person or family; (2) access to comparable housing, including suitable services and design features, which may include tenant-based rental assistance under section 1437f, at a tenant rent comparable to the rent for the unit left; and (3) payment of actual, reasonable moving expenses. (d) Required plan. The agency must prepare and submit to the Secretary a plan for designating a project or part of one. The plan must (1) establish that designation is necessary (A) to achieve the jurisdiction’s housing goals under the comprehensive housing affordability strategy under section 12705 and (B) to meet the housing needs of the jurisdiction’s low-income population; and (2) describe (A) the project or part to be designated; (B) the tenant types for which it will be designated; (C) supportive services to be provided; (D) how the project’s design and related facilities accommodate the intended occupants’ special environmental needs; and (E) plans to obtain additional resources or housing assistance for families who might have been housed if occupancy had not been restricted. “Supportive services” means services designed to meet residents’ special needs. (e) Review of plans. (1) The Secretary must conduct a limited review of each submitted plan to make sure it is complete and meets subsection (d). The Secretary must tell the agency within 60 days after receiving the plan whether it meets those requirements. If the Secretary does not give a required notice under paragraph (1) or (2), the plan is considered compliant for this section, and the Secretary is considered to have notified the agency of compliance when the 60 days ends. (2) If the plan does not comply, the Secretary’s notice must state why and what changes are needed. (3) The Secretary may find noncompliance only if (A) the plan is significantly incomplete in matters required by subsection (d), or (B) available evidence substantially challenges information in the plan. (4) An agency is considered to have submitted a plan if, before March 28, 1996, it submitted an application and allocation plan under this section as it then existed and that plan had not been approved or rejected before that date. (f) Effectiveness. (1) A subsection (d) plan is effective for five years beginning when the agency is notified under subsection (e)(1) that it complies with subsection (d). (2) After that five-year period, or after any later two-year period under this paragraph, the agency may extend the designation and plan for another two years by giving the Secretary information needed to update the plan. The Secretary may not limit how many times the agency extends it. (3) An application and allocation plan approved before March 28, 1996, under the earlier version of this section is treated as an effective subsection (d) plan for five years beginning on approval. (g) Relocation statute does not apply. A tenant of a public-housing project is not considered displaced for purposes of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 because an existing project, building, or part of one is designated for occupancy under subsection (a).