The law › Title 12, Banks and Banking › Chapter 13
12 U.S.C. 1701q: Supportive housing for the elderly
Created in 1959 by Public Law 86-372. Changed by 29 later laws. No bill we track in this Congress changes it.
35 other sections of the Code cite this one, including 12 U.S.C. 1701q–1, 12 U.S.C. 1701q–2, 12 U.S.C. 1701q–3, 12 U.S.C. 1701r–1, 12 U.S.C. 1701s.
3 parts of federal rules cite it as their authority, written by Office of the Secretary, Department of Housing and Urban Development (1), Office of Assistant Secretary for Housing—federal Housing Commissioner, Department of Housing and Urban Development (1), Office of the Assistant Secretary for Housing-Federal Housing Commissioner, Department of Housing and Urban Development (Section 8 Housing Assistance Programs, Section 202 Direct Loan Program, Section 202 Supportive Housing for the Elderly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (1).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2022
- Pub. L. 117–328 added par. (10). (Consolidated Appropriations Act, 2023) Law text · (j)
2020
- Pub. L. 116–260 added par. (9). (Consolidated Appropriations Act, 2021) Law text · (j)
2014
- Pub. L. 113–76, §241(a)(1), in introductory provisions, substituted "The Secretary shall establish procedures to delegate the award, review and processing of projects, selected by the Secretary in a national competition, to a State or local housing agency that—" for "In issuing a… (Consolidated Appropriations Act, 2014) Law text · (f)
- Pub. L. 113–76, §241(a)(2), substituted "funding" for "capital advance" and a semicolon for a comma. (Consolidated Appropriations Act, 2014) Law text · (f)
- Pub. L. 113–76, §241(b), substituted "funding under this section" for "capital advances". (Consolidated Appropriations Act, 2014) Law text · (f)
- Pub. L. 113–76, §241(c), struck out first sentence "An agency to which review and processing is delegated pursuant to subparagraph (A) may assess a reasonable fee which shall be included in the capital advance amounts and may recommend project rental assistance amounts in excess … (Consolidated Appropriations Act, 2014) Law text · (f)
- Pub. L. 113–76, §241(d), (e), added subpar. (D), redesignated former subpar. (D) as (E), and in subpar. (E), substituted "execute funding under this section" for "execute a capital advance" and "in funding under this section" for "in capital advance amounts or project rental… (Consolidated Appropriations Act, 2014) Law text · (f), (E)
2011
- Pub. L. 111–372, §101, added subpar. (F) and redesignated former subpars. (F) and (G) as (G) and (H), respectively. (Section 202 Supportive Housing for the Elderly Act of 2010) Law text · (f)
- Pub. L. 111–372, §102, inserted "reasonable" before "development cost limitations" in introductory provisions. (Section 202 Supportive Housing for the Elderly Act of 2010) Law text · (h)
- Pub. L. 111–372, §103, inserted after period at end "Such amount shall be used only to cover operating deficits during the first 3 years of operations and shall not be used to cover construction shortfalls or inadequate initial project rental assistance amounts." (Section 202 Supportive Housing for the Elderly Act of 2010) Law text · (j)
- Pub. L. 111–372, §104, amended par. (4) generally. Prior to amendment, par. (4) defined "private nonprofit organization". (Section 202 Supportive Housing for the Elderly Act of 2010) Law text · (k)
- Pub. L. 111–372, §105, inserted after period at end "In complying with this paragraph, the Secretary shall either operate a national competition for the nonmetropolitan funds or make allocations to regional offices of the Department of Housing and Urban Development." (Section 202 Supportive Housing for the Elderly Act of 2010) Law text · (l)
2008
- Pub. L. 110–289 substituted "Initial selection criteria and processing" for "Selection criteria" in heading, designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (7) as subpars. (A) to (G), respectively, of par. (1), and added par. (2). (Housing and Economic Recovery Act of 2008) Law text · (f)
2000
- Pub. L. 106–569, §833(1), struck out "from the Resolution Trust Corporation" after "or the acquisition of a structure". (American Homeownership and Economic Opportunity Act of 2000) Law text · (b)
- Pub. L. 106–569, §851(c)(1), added cl. (F) and redesignated former cl. (F) as (G). (American Homeownership and Economic Opportunity Act of 2000) Law text · (g), (G)
- Pub. L. 106–569, §835, inserted at end of concluding provisions "Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of reside… (American Homeownership and Economic Opportunity Act of 2000) Law text · (h)
- Pub. L. 106–569, §833(2), substituted "Acquisition" for "RTC properties" in heading and struck out "from the Resolution Trust Corporation under section 1441a(c) of this title or from the Federal Deposit Insurance Corporation under section 1831q of this title" after "related faciliti… (American Homeownership and Economic Opportunity Act of 2000) Law text · (h)
- Pub. L. 106–569, §832, substituted "sources other than this section" for "non-Federal sources" and inserted at end "Notwithstanding any other provision of law, assistance amounts provided under this section may be treated as amounts not derived from a Federal grant." (American Homeownership and Economic Opportunity Act of 2000) Law text · (h)
- Pub. L. 106–569, §834, added par. (8). (American Homeownership and Economic Opportunity Act of 2000) Law text · (j)
- Pub. L. 106–569, §831, inserted concluding provisions. (American Homeownership and Economic Opportunity Act of 2000) Law text · (k)
- Pub. L. 106–569, §821, added subsec. (m) relating to authorization of appropriations for fiscal years 2001 to 2003. (American Homeownership and Economic Opportunity Act of 2000) Law text · (m)
1999
- Pub. L. 106–74 added subsec. (m) relating to authorization of appropriations for fiscal year 2000. (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000) Law text · (m)
1992
- Pub. L. 102–550, §602(b), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former par. (5) which read as follows: "a certification from the appropriate State or local agency (as determined by the Secretary) that the provision of services identified … · (e)
- Pub. L. 102–550, §602(c), which directed insertion of ", taking into consideration the availability of public housing for the elderly and vacancy rates in such facilities" at end, was executed by making insertion before semicolon at end. · (f)
- Pub. L. 102–550, §602(a)(1), struck out "and persons with disabilities" after "elderly persons" in last sentence. · (g)
- Pub. L. 102–550, §677(a)(A), struck out at end "Any cost associated with the employment of a service coordinator shall also be an eligible cost except where the project is receiving congregate housing services assistance under section 8011 of title 42." · (g)
- Pub. L. 102–550, §677(a)(B), added par. (3). · (g)
- Pub. L. 102–550, §1604(c)(3), made technical amendment to reference to section 1831q of this title to correct reference to corresponding provision of original act. · (h)
- Pub. L. 102–550, §682(c)(1), inserted after first sentence "Such tenant selection procedures shall comply with subtitle C of title VI of the Housing and Community Development Act of 1992 and any regulations issued under such subtitle." · (i)
- Pub. L. 102–550, §602(a)(2), substituted "elderly persons" for "persons with disabilities". · (i)
- Pub. L. 102–550, §602(f), inserted at end "The Secretary shall reduce or waive the requirement of the owner deposit under paragraph (1) in the case of a nonprofit applicant that is not affiliated with a national sponsor, as determined by the Secretary." · (j)
- Pub. L. 102–550, §913(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: · (j)
- Pub. L. 102–550, §602(e), added par. (6). · (j)
- Pub. L. 102–550, §682(c)(2), added par. (7). · (j)
- Pub. L. 102–550, §601(c)(1), substituted "Allocation of funds" for "Authorizations" in heading. · (l)
- Pub. L. 102–550, §601(c)(2), inserted sentence at beginning, substituted "Such amounts" for "Amounts so appropriated" in second sentence, and struck out former first sentence which read as follows: "There are authorized to be appropriated for the purpose of funding capital advances … · (l)
- Pub. L. 102–550, §601(c)(3), added par. (2) and struck out former par. (2) which read as follows: "For the purpose of funding contracts for project rental assistance in accordance with subsection (c)(2) of this section the Secretary may, to the extent approved in an appropriations A… · (l)
- Pub. L. 102–550, §602(g), which directed substitution of "15 percent" for "20 percent" in par. (4) was executed to par. (3) to reflect the probable intent of Congress. · (l)
- Pub. L. 102–550, §601(c)(4), substituted "for assistance under this section" for "under this subtitle". · (l)
1991
- Pub. L. 102–139, amending Pub. L. 101–625, §801(a), struck out "in housing principally serving frail elderly persons" after "coordinator". · (g)
- Pub. L. 102–139 struck out "or a project where the tenants are not principally frail elderly" before period at end of subsec. (g)(2) as it existed prior to the general amendment of this section by section 801(a) of Pub. L. 101–625. · (g)
- Pub. L. 102–242 inserted "or from the Federal Deposit Insurance Corporation under section 1831q of this title" after "section 1441a(c) of this title". · (h)
1990
- Pub. L. 101–625, §801(a), amended section generally, substituting present provisions for provisions authorizing loans for housing and related facilities for elderly or handicapped families.
- Pub. L. 101–625, §801(e), struck out before period at end ", and not more than $666,400,000 may be approved in appropriation Acts for such loans with respect to fiscal year 1984. For fiscal years 1988 and 1989, not more than $621,701,000 and $630,000,000, respectively, may be app… · (a)
- Pub. L. 101–625, §804(b), added par. (9). · (a)
- Pub. L. 101–625, §955(c), designated existing provisions as subpar. (A), struck out before period at end "; but the Secretary may waive the application of this paragraph in cases or classes of cases where laborers or mechanics, not otherwise employed at any time in the construction … · (c)
- Pub. L. 101–625, §804(a), inserted at end "The term also means the cost of acquiring existing housing and related facilities from the Resolution Trust Corporation under section 1441a(c) of this title, the cost of rehabilitation, alteration, conversion, or improvement, including the … · (d)
- Pub. L. 101–625, §808, designated existing provisions as par. (1) and added par. (2). · (g)
- Pub. L. 101–625, §804(c), inserted at end "In the case of existing housing and related facilities acquired from the Resolution Trust Corporation under section 1441a(c) of this title, the term of the contract pursuant to such section 8 shall be 240 months." · (g)
- Pub. L. 101–625, §807, added par. (3). · (k)
- Pub. L. 101–625, §805, added subsec. (p). · (p)
1988
- Pub. L. 100–242, §161(c)(1), designated existing provisions as subpar. (A), substituted "taking into consideration the average yield, during the 3-month period immediately preceding the fiscal year in which the loan is made, on the most recently issued 30-year marketable obligations… · (a)
- Pub. L. 100–242, §161(a), inserted provisions relating to such sums as may be approved for fiscal years 1988 and 1989, and substituted "October 1, 1983, to such sum" for "October 1, 1983, and to such sum". · (a)
- Pub. L. 100–242, §161(d), substituted "Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury taking into consideration the average yield, during the 3-month period immediately preceding the fiscal year in which the loan is made, on the most recent… · (a)
- Pub. L. 100–242, §161(b), inserted provisions relating to loan authority for fiscal years 1988 and 1989. · (a)
- Pub. L. 100–242, §161(f), added par. (8). · (a)
- Pub. L. 100–242, §162(b)(3), inserted reference to construction designed for dwelling use by 12 or more elderly or handicapped families. · (c)
- Pub. L. 100–242, §170(g)(1), substituted reference to a handicapped person if such person has a developmental disability as defined in section 6001(7) of title 42, for reference to a handicapped person if such person is a developmentally disabled individual as defined in section 102… · (d)
- Pub. L. 100–242, §162(b)(2), added pars. (9), (10). · (d), (10)
- Pub. L. 100–242, §162(c), designated existing provisions as par. (1) and added par. (2). · (f)
- Pub. L. 100–242, §170(g)(2), substituted "section 133" for "section 134". · (f)
- Pub. L. 100–242, §162(b)(1), amended subsec. (h) generally, changing structure of subsection from one consisting of introductory provisions and two numbered paragraphs to one consisting of four numbered paragraphs. · (h)
- Pub. L. 100–242, §170(g)(3), substituted "different" for "difference". · (l)
- Pub. L. 100–242, §161(e), added subsec. (n). · (n)
1984
- Pub. L. 98–479, §203(h), substituted "chapter 31 of title 31" for "the Second Liberty Bond Act" and "such chapter" for "that Act". · (a)
- Pub. L. 98–479, §102(c)(1), substituted "October 1, 1984" for "October 1, 1985". · (a)
- Pub. L. 98–479, §201(e), substituted "Health and Human Services" for "Health, Education, and Welfare". · (f)
- Pub. L. 98–479, §102(c)(2)(A), inserted "and" at end. · (h)
- Pub. L. 98–479, §102(c)(2)(B), substituted a period for "; and" at end. · (h)
- Pub. L. 98–479, §102(c)(3), inserted "The Secretary shall not impose difference requirements or standards with respect to construction change orders, increases in loan amount to cover change orders, errors in plans and specifications, and use of contingency funds, because of the method… · (l)
1983
- Pub. L. 98–181, §223(a)(1), inserted ", except that such interest rate plus such allowance shall not exceed 9.25 per centum per annum". · (a)
- Pub. L. 98–181, §223(b), struck out "and" after "1980" and inserted ", to $6,400,000,000 on October 1, 1983, and to such sum as may be approved in an appropriation Act on October 1, 1985,". · (a)
- Pub. L. 98–181, §223(c), substituted "$666,400,000" and "1984" for "$850,848,000" and "1982", respectively. · (a)
- Pub. L. 98–181, §223(d)(1), (2), in provisions preceding par. (1), substituted "1983" for "1978", and inserted ", and persons described in subparagraphs (B) and (C) of subsection (d)(4) of this section who have been released from residential health treatment facilities". · (h)
- Pub. L. 98–181, §223(d)(3), (5), substituted "persons described in the first sentence of this subsection" for "handicapped persons", and struck out "and" at end. · (h)
- Pub. L. 98–181, §223(d)(4), (6), substituted "persons described in the first sentence of this subsection who are" for "handicapped persons", and substituted "such community; and" for "such community". · (h)
- Pub. L. 98–181, §223(e), added subsecs. (i) to (m). · (i), (j), (k), (l), (m)
1981
- Pub. L. 97–35 inserted provisions relating to fiscal year 1982. · (a)
1980
- Pub. L. 96–399 inserted last sentence relating to housing to meet the needs of handicapped (primarily nonelderly) persons. · (d)
1979
- Pub. L. 96–153, §306(a), provided for increase of notes or other obligations to $3,827,500,000 on October 1, 1979, to $4,777,500,000 on October 1, 1980, and to $5,752,500,000 on October 1, 1981. · (a)
- Pub. L. 96–153, §306(b), added pars. (6) and (7). · (a), (7)
- Pub. L. 96–153, §306(c)(1), substituted "adult day health facilities, or other" for "or infirmaries or other inpatient or". · (d)
- Pub. L. 96–153, §306(c)(2), inserted reference to adult day health services. · (f)
- Pub. L. 96–153, §306(d), inserted provisions that at the time of settlement on permanent financing, the Secretary make appropriate adjustment in the amount of assistance to be provided under a contract for annual contributions pursuant to section 8 of the United States Housing Act of 1… · (g)
1978
- Pub. L. 95–557, §205(b), struck out "in any fiscal year" after "The aggregate loans made under this section", and "for such year" after "lending authority established". · (a)
- Pub. L. 95–557, §205(d), designated provisions beginning "no part of" as par. (A), substituted "member, founder, contributor, or individual" for "private shareholder, contributor, or individual, if such institution or foundation is approved by the Secretary as to financial responsib… · (d)
- Pub. L. 95–557, §205(c), inserted "the cost of movables necessary to the basic operation of the project as determined by the Secretary," after "related facilities". · (d)
- Pub. L. 95–557, §205(a), added subsec. (h). · (h)
1977
- Pub. L. 95–128, §202(a), provided for determination of "development cost" without regard to mortgage limits applicable to housing projects subject to mortgages insured under section 1715v of this title. · (d)
- Pub. L. 95–128, §202(b), added subsec. (g). · (g)
1976
- Pub. L. 94–375, §11(c)(1), substituted "average interest rate on all interest bearing obligations of the United States then forming a part of the public debt, computed at the end of the fiscal year next preceding the date on which the loan is made" for "current average market yield … · (a)
- Pub. L. 94–375, §11(a), (c)(2), substituted "$1,475,000,000, which amount shall be increased to $2,387,500,000 on October 1, 1977, and to $3,300,000,000 on October 1, 1978" for "$800,000,000" and "the average interest rate on all interest bearing obligations of the United Stat… · (a)
- Pub. L. 94–375, §11(b), included in definition of "elderly or handicapped families" two or more elderly or handicapped persons living together, one such person and another providing care for the first, or a surviving member of the family who was living in the unit at the time anothe… · (d)
1974
- Pub. L. 93–383, §210(a), substituted provisions authorizing the Secretary of the Treasury to determine the interest rate, for provisions authorizing the Secretary of Housing and Urban Development to determine the interest rate. · (a)
- Pub. L. 93–383, §210(d), redesignated existing provision as subsec. (a)(4)(A), inserted ", and the proceeds from notes or other obligations issued under subparagraph (B)," after "Amounts so appropriated", and added subsec. (a)(4)(B), (C). · (a)
- Pub. L. 93–383, §210(e), added par. (5). · (a)
- Pub. L. 93–383, §210(b), substituted "an impairment" for "a physical impairment" and inserted provisions relating to developmentally disabled individuals. · (d)
- Pub. L. 93–383, §210(f), inserted "residing in the project or in the area" after "families". · (d)
- Pub. L. 93–383, §210(c), added subsec. (f). · (f)
1969
- Pub. L. 91–152 increased by $150,000,000 on July 1, 1969 the amount authorized to be appropriated for the purposes of this section. · (a)
1968
- Pub. L. 90–448, §1706(1), authorized assistance to limited profit sponsors. · (a)
- Pub. L. 90–448, §1706(2), authorized loans to any limited profit sponsor approved by the Secretary. · (a)
- Pub. L. 90–448, §1706(3), limited the amount of the loan to not more than 90 per centum of the development cost in the case of other than a corporation, consumer cooperative, or public body or agency. · (a)
1967
- Pub. L. 90–19, §16(a)(1), substituted "Secretary" for "Administrator" wherever appearing in subsecs. (a)(2) to (4), (b), (c)(2), (3), (d)(2), (4), and (e) of this section.
- Pub. L. 90–19, §16(a)(2), struck out at end ", except that for purposes of this subsection the Administrator shall perform the functions vested in the Commissioner by such section 513". · (c)
- Pub. L. 90–19, §16(a)(3), substituted definition of "Secretary" meaning the Secretary of Housing and Urban Development for "Administrator" meaning the Housing and Home Finance Administrator. · (d)
1965
- Pub. L. 89–117, §105(b)(1), substituted "the lower of (A) 3 per centum per annum, or" for "the higher of (A) 2¾ per centum per annum, or". · (a)
- Pub. L. 89–117, §105(a), increased amount authorized to be appropriated from $350,000,000 to $500,000,000. · (a)
1964
- Pub. L. 88–560, §203(a)(2)(A), substituted "elderly or handicapped families" for "elderly families and elderly persons". · (a), (2)
- Pub. L. 88–560, §201, increased amount authorized to be appropriated from $275,000,000 to $350,000,000. · (a)
- Pub. L. 88–560, §203(a)(2)(B), included in definition of "housing" structures suitable for dwelling use by handicapped families, designated existing provisions as subpar. (A), and added subpar. (B). · (d)
- Pub. L. 88–560, §203(a)(2)(C), substituted definitions of "elderly or handicapped families" and when "a person shall be considered handicapped" for former provisions defining "elderly families" as "families the head of which (or his spouse) is sixty-two years of age or over" and "el… · (d)
- Pub. L. 88–560, §203(a)(2)(D), redefined "construction" to include rehabilitation, alteration, conversion, or improvement of existing structures. · (d)
- Pub. L. 88–560, §203 (a)(2)(E), redefined "existing facilities" by designating existing provisions as cl. (A), inserting in cl. (A) "by elderly or handicapped families" and "workshops", and adding cl. (B). · (d)
- Pub. L. 88–560, §203(a)(2)(A), substituted "elderly or handicapped families" for "elderly families and elderly persons" in two places. · (e)
1963
- Pub. L. 88–158 increased amount authorized to be appropriated from $225,000,000 to $275,000,000. · (a)
1962
- Pub. L. 87–723, §3(a), increased amount authorized to be appropriated from $125,000,000 to $225,000,000. · (a)
- Pub. L. 87–723, §3(b)(1), redesignated subsec. (d)(1)(A) as entire subsec. (d)(1) and struck out subsec. (d)(1)(B) which included in definition of "housing" dwelling facilities provided by rehabilitation, alteration, conversion, or improvement of existing structures which were other… · (d)
- Pub. L. 87–723, §3(b)(2), struck out ", or rehabilitation, alteration, conversion, or improvement of existing structures" after "new structures". · (d)
- Pub. L. 87–723, §3(b)(3), redesignated subsec. (d)(8)(A) as entire subsec. (d)(8) and struck out subsec. (d)(8)(B) which included in definition of "related facilities" structures suitable for essential service facilities provided by rehabilitation, alteration, conversion, or improve… · (d)
1961
- Pub. L. 87–70, §201(a)(1), authorized assistance for consumer cooperatives and public bodies and agencies. · (a)
- Pub. L. 87–70, §201(a)(2), authorized loans to consumer cooperatives and to public bodies or agencies, and prohibited loans to public bodies or agencies unless they certify that they are not receiving financial assistance exclusively pursuant to the United States Housing Act of 1937. · (a)
- Pub. L. 87–70, §201(a)(3), (b), substituted "loan under this section" for "loan to a corporation under this section", and "may be in an amount not exceeding the total development cost" for "may be in an amount not exceeding 98 per centum of the total development cost". · (a)
- Pub. L. 87–70, §201(c), increased amount authorized to be appropriated from $50,000,000 to $125,000,000, and struck out provisions which limited the amount outstanding at any one time for related facilities to not more than $5,000,000. · (a)
- Pub. L. 87–70, §201(a)(4), substituted "credited to the corporation, cooperative, or public body or agency undertaking" for "credited to the corporation undertaking". · (c)
- Pub. L. 87–70, §201(d), added subsec. (e). · (e)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.