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42 U.S.C. § 12905Responsibilities of grantees

submitted 36 years ago by Pub. L. 101-625 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 684 words · no verdicts yet

in plain englishAI-generated · not legal advice

Grantees must meet several rules to keep their AIDS housing grants. They can't replace other funding, must protect privacy, and can't charge fees. Assisted homes must also have working smoke and carbon monoxide alarms.

(a) Prohibition of substitution of funds: Grant money can't be used to replace other funding a state or local government already set aside for this chapter's purposes. (b) Capability: The recipient must have — in the grantee's or Secretary's judgment — the ability to properly run the grant. (c) Cooperation: The recipient must agree to cooperate and coordinate with the relevant state and local agencies, and other public and private groups, that serve eligible persons in the area. (d) Prohibition of fees: The recipient must agree not to charge any eligible person a fee for housing or services paid for with grant money. (e) Confidentiality: The recipient must agree to keep confidential the names of anyone helped with grant money, and any other information about them. (f) Financial records: The recipient must agree to keep and share with the grantee or Secretary financial records good enough, in the Secretary's judgment, to properly account for and track the grant money. (g) Administrative expenses: A grantee can use up to 3% of its grant for its own administrative costs. A project sponsor can use up to 7% of what it receives for administrative costs tied to running eligible activities, including needed staff. (h) Environmental review: For environmental review purposes, a grant under this chapter counts as assistance for a "special project" under section 3547, and follows the Secretary's regulations for that section. (i) Carbon monoxide alarms: Every dwelling unit assisted under this chapter must have carbon monoxide alarms meeting or exceeding the standards in chapters 9 and 11 of the 2018 International Fire Code, or any other standard the Secretary adopts and publishes in the Federal Register. (j) Qualifying smoke alarms: Every assisted dwelling unit must have "qualifying smoke alarms" installed under applicable building codes and National Fire Protection Association Standard 72, on every level, in or near every sleeping area (including basements, but not crawl spaces or unfinished attics), and in common areas of buildings with such units. "Smoke alarm" has the same meaning as "smoke detector" in section 2225(d) of title 15. A "qualifying smoke alarm" is: for a unit built before December 29, 2022 (and not substantially rehabbed after that date) — one that is either hardwired, or uses a sealed, tamper-resistant 10-year non-rechargeable battery with a silencing feature, and that also gives notice for people with hearing loss as Standard 72 requires; or, for a unit built or substantially rehabbed after December 29, 2022 — one that is hardwired.
the actual law source: uscode.house.gov ↗public domain
(a) Prohibition of substitution of funds

Amounts received from grants under this chapter may not be used to replace other amounts made available or designated by State or local governments for use for the purposes under this chapter.

(b) Capability

The recipient shall have, in the determination of the grantee or the Secretary, the capacity and capability to effectively administer a grant under this chapter.

(c) Cooperation

The recipient shall agree to cooperate and coordinate in providing assistance under this chapter with the agencies of the relevant State and local governments responsible for services in the area served by the applicant for eligible persons and other public and private organizations and agencies providing services for such eligible persons.

(d) Prohibition of fees

The recipient shall agree that no fee will be charged to any eligible person for any housing or services provided with amounts from a grant under this chapter.

(e) Confidentiality

The recipient shall agree to ensure the confidentiality of the name of any individual assisted with amounts from a grant under this chapter and any other information regarding individuals receiving such assistance.

(f) Financial records

The recipient shall agree to maintain and provide the grantee or the Secretary with financial records sufficient, in the determination of the Secretary, to ensure proper accounting and disbursing of amounts received from a grant under this chapter.

(g) Administrative expenses
(1) Grantees

Notwithstanding any other provision of this chapter, each grantee may use not more than 3 percent of the grant amount for administrative costs relating to administering grant amounts and allocating such amounts to project sponsors.

(2) Project sponsors

Notwithstanding any other provision of this chapter, each project sponsor receiving amounts from grants made under this chapter 1 may use not more than 7 percent of the amounts received for administrative costs relating to carrying out eligible activities under section 12904 of this title, including the costs of staff necessary to carry out eligible activities.

(h) Environmental review

For purposes of environmental review, a grant under this chapter shall be treated as assistance for a special project that is subject to section 3547 of this title, and shall be subject to the regulations issued by the Secretary to implement such section.

(i) Carbon monoxide alarms

Each dwelling unit assisted under this chapter shall contain installed carbon monoxide alarms or detectors that meet or exceed—

(1)

the standards described in chapters 9 and 11 of the 2018 publication of the International Fire Code, as published by the International Code Council; or

(2)

any other standards as may be adopted by the Secretary, including any relevant updates to the International Fire Code, through a notice published in the Federal Register.

(j) Qualifying smoke alarms
(1) In general

Each dwelling unit assisted under this chapter shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.

(2) Definitions

For purposes of this subsection, the following definitions shall apply:

(A) Smoke alarm defined

The term “smoke alarm” has the meaning given the term “smoke detector” in section 2225(d) of title 15.

(B) Qualifying smoke alarm defined

The term “qualifying smoke alarm” means a smoke alarm that—

(i)

in the case of a dwelling unit built before December 29, 2022, and not substantially rehabilitated after December 29, 2022—

(I)
(aa)

is hardwired; or

(bb)

uses 10-year non rechargeable, nonreplaceable primary batteries and—

(AA)

is sealed;

(BB)

is tamper resistant; and

(CC)

contains silencing means; and

(II)

provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(ii)

in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022, is hardwired.

Source credit: (Pub. L. 101–625, title VIII, § 856, Nov. 28, 1990, 104 Stat. 4378; Pub. L. 102–550, title VI, § 606(f), (j)(4), (11)(A), Oct. 28, 1992, 106 Stat. 3809–3811; Pub. L. 106–377, § 1(a)(1) [title II, § 203(c)], Oct. 27, 2000, 114 Stat. 1441, 1441A–24; Pub. L. 116–260, div. Q, title I, § 101(e), Dec. 27, 2020, 134 Stat. 2164; Pub. L. 117–328, div. AA, title VI, § 601(d), Dec. 29, 2022, 136 Stat. 5545.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-625 · 104 Stat. 4378
  • 1992Amended · Pub. L. 102-550 · 106 Stat. 3809
  • 2000Amended · Pub. L. 106-377 · 114 Stat. 1441, 1441
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2164
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5545

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-625 on 1990-11-28.

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