The law › Title 42, The Public Health and Welfare › Chapter 8
42 U.S.C. 1436a: Restriction on use of assisted housing by non-resident aliens
Created in 1980 by Public Law 96-399. Changed by 8 later laws. No bill we track in this Congress changes it.
1 other section of the Code cite this one, including 42 U.S.C. 1471.
1 part of federal rules cite it as their authority, written by Office of the Secretary, Department of Housing and Urban Development (1).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2016
- Pub. L. 114–201 substituted "any citizen or national of the United States shall be entitled to a preference or priority in receiving financial assistance before any such alien who is otherwise eligible for assistance." for "such alien shall not be entitled to a preference in receivi… (Housing Opportunity Through Modernization Act of 2016) Law text · (a)
2000
- Pub. L. 106–504 added par. (7). Law text · (a)
1998
- Pub. L. 105–276, §592(a)(1), substituted "applicable Secretary" for "Secretary of Housing and Urban Development". (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (b)
- Pub. L. 105–276, §592(a)(2), aligned cls. (ii) and (iii) with cl. (i). (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (c)
- Pub. L. 105–276, §592(a)(3)(A), in last sentence, substituted "applicable Secretary, or" for "Secretary of Housing and Urban Development, or" and "applicable Secretary considers" for "Secretary considers". (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (d)
- Pub. L. 105–276, §592(a)(3)(B), aligned concluding provisions with par. (2) and inserted "applicable" before "Secretary" in concluding provisions. (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (d)
- Pub. L. 105–276, §592(a)(3)(C), inserted "applicable" before "Secretary" in introductory provisions. (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (d)
- Pub. L. 105–276, §592(a)(3)(D), substituted "the applicable Secretary shall" for "the Secretary shall" in introductory provisions. (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (d)
- Pub. L. 105–276, §592(a)(3)(E), inserted "applicable" before "Secretary". (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (d)
- Pub. L. 105–276, §592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i). (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (h)
- Pub. L. 105–276, §592(a)(4)(A), substituted "No" for "Except in the case of an election under paragraph (2)(A), no" and "subsection (d)" for "this section" and inserted "applicable" before "Secretary". (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (h)
- Pub. L. 105–276, §592(a)(4)(B)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: "may elect not to comply with this section; and". (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (h)
- Pub. L. 105–276, §592(a)(4)(B)(ii), substituted "in carrying out subsection (d)" for "in complying with this section" in introductory provisions. (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (h)
- Pub. L. 105–276, §592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i). (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (i)
1996
- Pub. L. 104–193, §441(a)(1), substituted "applicable Secretary" for "Secretary of Housing and Urban Development" in introductory provisions. (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (a)
- Pub. L. 104–208, §308(g)(7)(D)(ii), substituted "section 1231(b)(3)" for "section 1253(h)". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (a)
- Pub. L. 104–208, §572, designated existing provisions as par. (1) and added par. (2). (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (b)
- Pub. L. 104–193, §441(a)(2), inserted "the direct loan program under section 1472 of this title or section 1472(c)(5)(D), 1474, 1490a(a)(2)(A), or 1490r of this title, subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act," after "1715z–1 of title 12,". (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (b)
- Pub. L. 104–193, §441(a)(1), substituted "applicable Secretary" for "Secretary of Housing and Urban Development" in two places. (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (c)
- Pub. L. 104–208, §573(1), substituted "shall" for "may, in its discretion," in introductory provisions. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (c)
- Pub. L. 104–208, §573(2), inserted at end "Financial assistance continued under this subparagraph for a family may be provided only on a prorated basis, under which the amount of financial assistance is based on the percentage of the total number of members of the family that are… (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (c)
- Pub. L. 104–208, §573(3), designated first sentence of existing provisions as cl. (i), designated second and third sentences of existing provisions as cl. (ii) and substituted "Except as provided in clause (iii), any deferral" for "Any deferral" and "18-months" for "3 years", and… (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (c)
- Pub. L. 104–208, §574(1), inserted "or to be" after "being" in introductory provisions. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–193, §441(a)(3), substituted "applicable Secretary" for "Secretary" wherever appearing in pars. (2) to (6). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (d)
- Pub. L. 104–193, §441(a)(1), (4), substituted "the term 'applicable Secretary' " for "the term 'Secretary' " and "applicable Secretary" for "Secretary of Housing and Urban Development" in closing provisions. (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (d)
- Pub. L. 104–208, §574(2), inserted at end "If the declaration states that the individual is not a citizen or national of the United States and that the individual is younger than 62 years of age, the declaration shall be verified by the Immigration and Naturalization Service. If … (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–208, §574(3), substituted "on September 30, 1996, or applying for financial assistance on or after September 30, 1996" for "on February 5, 1988" in introductory provisions and added concluding provisions. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–208, §574(4)(A), substituted "on September 30, 1996, or applying for financial assistance on or after September 30, 1996" for "on February 5, 1988" in introductory provisions. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–208, §574(4)(B)(i)(I), inserted ", not to exceed 30 days," after "reasonable opportunity". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–208, §574(4)(B)(i)(II), (ii), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: "may not delay, deny, reduce, or terminate the individual's eligibility for financial assistance on the basis of the individual's immigration statu… (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d), (iii)
- Pub. L. 104–208, §574(4)(C), added cl. (ii) and struck out former cl. (ii) which read as follows: "pending such verification or appeal, the applicable Secretary may not delay, deny, reduce, or terminate the individual's eligibility for financial assistance on the basis of the… (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–208, §574(5), inserted ", the Secretary shall" after "status" in introductory provisions, added subpars. (A) to (C), and struck out former subpars. (A) and (B) which read as follows: (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–208, §574(6), added par. (6) and struck out former par. (6) which read as follows: "For purposes of paragraph (5)(B), the applicable fair hearing process made available with respect to any individual shall include not less than the following procedural protections: (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (d)
- Pub. L. 104–193, §441(a)(1), substituted "applicable Secretary" for "Secretary of Housing and Urban Development" in introductory provisions. (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (e)
- Pub. L. 104–208, §575(2), inserted at end "the response from the Immigration and Naturalization Service to the appeal of that individual." (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (e)
- Pub. L. 104–208, §575(1), (3), struck out par. (4) which read as follows: "because of a fair hearing process described in subsection (d)(5)(B) of this section (or provided for under any alternative system for verifying immigration status with the Immigration and Naturalization Servi… (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (e)
- Pub. L. 104–193, §441(a)(1), substituted "applicable Secretary" for "Secretary of Housing and Urban Development". (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (g)
- Pub. L. 104–208, §576, added subsec. (h) relating to verification of eligibility. (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (h)
- Pub. L. 104–193, §441(a)(5), added subsec. (h) defining "applicable Secretary". (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (h)
1988
- Pub. L. 100–242, §164(a), added par. (6). · (a)
- Pub. L. 100–242, §164(b), added subsec. (c). · (c)
- Pub. L. 100–242, §164(c)(8), amended last sentence generally. Prior to amendment, last sentence read as follows: "In this subsection and subsection (e) of this section, the term 'Secretary' refers to the Secretary and to a public housing authority or other entity which makes financial … · (d)
- Pub. L. 100–242, §164(c)(1), inserted ", is not 62 years of age or older, and is receiving financial assistance on February 5, 1988" after "States". · (d)
- Pub. L. 100–242, §164(c)(2), in introductory provisions, inserted ", is not 62 years of age or older, and is receiving financial assistance on February 5, 1988" after "States", and "or recertification" after "application". · (d)
- Pub. L. 100–242, §164(c)(3), inserted after comma "or to appeal to the Immigration and Naturalization Service the verification determination of the Immigration and Naturalization Service under paragraph (3),". · (d)
- Pub. L. 100–242, §164(c)(4), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: "if there are submitted documents which the Secretary determines constitutes reasonable evidence indicating such status—". · (d)
- Pub. L. 100–242, §164(c)(5), (6), inserted "or additional information" after "documents" in cl. (i), and "or appeal" after "verification" in cl. (ii). · (d), (ii)
- Pub. L. 100–242, §164(c)(7), added par. (6). · (d)
- Pub. L. 100–242, §164(d)(1), in introductory provisions, inserted "of Housing and Urban Development" after "Secretary". · (e)
- Pub. L. 100–242, §164(d)(2), (3), inserted "(or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603))". · (e), (3)
- Pub. L. 100–242, §164(d)(4), inserted "(or provided for under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99–603))". · (e)
- Pub. L. 100–242, §164(e), added subsec. (f). · (f)
- Pub. L. 100–242, §164(f)(1), added subsec. (g). · (g)
1986
- Pub. L. 99–603 added subsecs. (d) and (e). · (d), (e)
1981
- Pub. L. 97–35 substituted provisions relating to restrictions on use of assisted housing by resident aliens meeting further conditions for provisions relating to prohibition on financial assistance to nonimmigrant student-aliens. · (a)
- Pub. L. 97–35 struck out "(1)" after "(b)" and par. (2) which defined "nonimmigrant student-alien". · (b)
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.