42 U.S.C. 1437a: Rental payments

2022

• Pub. L. 117–328 added par. (9). (Consolidated Appropriations Act, 2023) Law text · (a)

2020

• Pub. L. 116–260, §101(b)(1), added par. (8). (Consolidated Appropriations Act, 2021) Law text · (a)
• Pub. L. 116–260, §103(a), in first sentence, added cl. (v) after "tenant family," and redesignated former cl. (v) as (vi) and, in second sentence, inserted "or (vi)" after "clause (v)". (Consolidated Appropriations Act, 2021) Law text · (b)

2016

• Pub. L. 114–201, §102(a)(1)(A), substituted "pursuant to paragraph (6)" for "at least annually" in introductory provisions. (Housing Opportunity Through Modernization Act of 2016) Law text · (a)
• Pub. L. 114–201, §102(a)(1)(B), added pars. (6) and (7). (Housing Opportunity Through Modernization Act of 2016) Law text · (a), (7)
• Pub. L. 114–201, §102(c), added pars. (4) and (5) and struck out former pars. (4) and (5) which defined the terms "income" and "adjusted income", respectively. (Housing Opportunity Through Modernization Act of 2016) Law text · (b), (5)
• Pub. L. 114–201, §102(a)(2), (3), redesignated subsec. (f) as (d) and struck out former subsecs. (d) and (e) which related to disallowance of earned income from rent determinations and individual savings accounts, respectively. (Housing Opportunity Through Modernization Act of 2016) Law text · (d), (e), (f)

2015

• Pub. L. 114–94 inserted before period at end of second sentence "; except that, in the case of any family with a fixed income, as defined by the Secretary, after the initial review of the family's income, the public housing agency or owner shall not be required to conduct a review o… (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (a)

2014

• Pub. L. 113–235, §238(3), substituted "If" for "Public housing agencies must comply by June 1, 2014, with the requirement of this clause, except that if" in concluding provisions. (Consolidated and Further Continuing Appropriations Act, 2015) Law text · (a)
• Pub. L. 113–235, §238(1), substituted "which—" for "which shall not be lower than 80 percent of the applicable fair market rental established under section 1437f(c) of this title and which shall—" in introductory provisions, added subcl. (I), and struck out former subcl. (I) which read as follows: … (Consolidated and Further Continuing Appropriations Act, 2015) Law text · (a)
• Pub. L. 113–76, §210(2), inserted concluding provisions and struck out former concluding provisions, which read as follows: "The rental amount for a dwelling unit shall be considered to comply with the requirements of this clause if such amount does not exceed the actual monthly costs to the public… (Consolidated Appropriations Act, 2014) Law text · (a)
• Pub. L. 113–76, §210(1), in introductory provisions, substituted "Each" for "Except as otherwise provided under this clause, each" and inserted "not be lower than 80 percent of the applicable fair market rental established under section 1437f(c) of this title and which shall" after "which shall". (Consolidated Appropriations Act, 2014) Law text · (a)
• Pub. L. 113–235, §238(2), inserted "shall" before "be designed". (Consolidated and Further Continuing Appropriations Act, 2015) Law text · (a)
• Pub. L. 113–76, §238(a), designated first sentence as subpar. (A), second sentence as subpar. (B), and remaining sentences as subpar. (D), and added subpar. (C). (Consolidated Appropriations Act, 2014) Law text · (b)
• Pub. L. 113–76, §212, inserted ", or a consortium of such entities or bodies as approved by the Secretary" before period at end. (Consolidated Appropriations Act, 2014) Law text · (b)

2008

• Pub. L. 110–289 inserted "or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts" before "may not be considered". (Housing and Economic Recovery Act of 2008) Law text · (b)

2000

• Pub. L. 106–402 substituted "section 15002 of this title" for "section 6001 of this title". (Developmental Disabilities Assistance and Bill of Rights Act of 2000) Law text · (b)

1999

• Pub. L. 106–74, §214(a)(1), inserted ", or the owner responsible for determining the participant's eligibility or level of benefits," after "A public housing agency" and ", or to the owner responsible for determining the participant's eligibility or level of benefits" before period … (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000) Law text · (f)
• Pub. L. 106–74, §214(a)(2), added subpar. (C). (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000) Law text · (f)

1998

• Pub. L. 105–276, §507(c), inserted "and subject to the requirement under paragraph (3)" after "paragraph (2)" in third sentence. (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (a)
• Pub. L. 105–276, §523, amended par. (2) generally. For prior text, see 1996 Amendment note below. (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (a)
• Pub. L. 105–276, §507(a), added par. (3). (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (a)
• Pub. L. 105–276, §524(a), added pars. (4) and (5). (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (a), (5)
• Pub. L. 105–276, §506(1), inserted after second sentence "The term 'public housing' includes dwelling units in a mixed finance project that are assisted by a public housing agency with capital or operating assistance." (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (b)
• Pub. L. 105–276, §508(c)(1), substituted "limits for Westchester and Rockland Counties" for "limits for Westchester County", inserted "each" before "such county", substituted "include Westchester or Rockland Counties" for "include Westchester County" and "included Westchester and Ro… (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (b)
• Pub. L. 105–276, §506(2)(A), struck out at end "In determining priority for admission to housing under this chapter, the Secretary shall give preference to single persons who are elderly, disabled, or displaced persons before single persons who are eligible under clause (v) of th… (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (b)
• Pub. L. 105–276, §506(2)(B), substituted "public housing agency plan" for "regulations of the Secretary" in second sentence. (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (b)
• Pub. L. 105–276, §506(3), inserted at end "Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for low-income housing under this subchapter, solely on the basis of any drug or alcohol dependence. Th… (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (b)
• Pub. L. 105–276, §508(a), amended par. (5) generally, substituting present provisions for provisions which had defined "adjusted income" as income which remained after excluding $550 for each member of family in household under 18 years of age, disabled, or a student, $400 for any e… (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (b)
• Pub. L. 105–276, §546, amended par. (6) generally. Prior to amendment, par. (6) read as follows: "The term 'public housing agency' means any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage … (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (b)
• Pub. L. 105–276, §506(4), added pars. (9) to (13). (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (b)
• Pub. L. 105–276, §508(b)(1)(A), which directed the amendment of subsec. (c) by striking out the undesignated par. after par. (3), was executed by striking out concluding provisions after par. (5), to reflect the probable intent of Congress. Concluding provisions read as follows: "The e… (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (c)
• Pub. L. 105–276, §520(a), inserted before period at end of second sentence ", but does not include the costs associated with the demolition of or remediation of environmental hazards associated with public housing units that will not be replaced on the project site, or other extraor… (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (c)
• Pub. L. 105–276, §508(b)(1)(B), added subsecs. (d) and (e). (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (d), (e)
• Pub. L. 105–276, §508(d)(1), added subsec. (f). (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (f)

1996

• Pub. L. 104–99, §402(b)(1), (f), temporarily amended par. (2) generally, substituting (The Balanced Budget Downpayment Act, I) Law text · (a)
• Pub. L. 104–330, §501(b)(1)(A)(i), inserted "and" after semicolon. (Native American Housing Assistance and Self-Determination Act of 1996) Law text · (b)
• Pub. L. 104–330, §501(b)(1)(A)(ii), (iii), redesignated subpar. (H) as (G) and struck out former subpar. (G) which read as follows: "excessive travel expenses, not to exceed $25 per family per week, for employment- or education-related travel, except that this subparagraph shall … (Native American Housing Assistance and Self-Determination Act of 1996) Law text · (b)
• Pub. L. 104–330, §501(b)(1)(A)(iii), redesignated subpar. (H) as (G). (Native American Housing Assistance and Self-Determination Act of 1996) Law text · (b)
• Pub. L. 104–99, §402(c), (f), temporarily added subpar. (H) which read "for public housing, any other adjustments to earned income established by the public housing agency. If a public housing agency adopts other adjustments to income pursuant to subparagraph (H), the Secretary shall not take into … (The Balanced Budget Downpayment Act, I) Law text · (b)
• Pub. L. 104–330, §501(b)(1)(B), struck out at end "The term includes any Indian housing authority." (Native American Housing Assistance and Self-Determination Act of 1996) Law text · (b)
• Pub. L. 104–330, §501(b)(1)(C), inserted "and" before "the Trust" and struck out ", and Indian tribes" after "Pacific Islands". (Native American Housing Assistance and Self-Determination Act of 1996) Law text · (b)
• Pub. L. 104–330, §501(b)(1)(D), struck out pars. (9) to (12) which read as follows: (Native American Housing Assistance and Self-Determination Act of 1996) Law text · (b)

1994

• Pub. L. 103–233 substituted "includes families with children and" for "means families with children". · (b)

1992

• Pub. L. 102–550, §185(c)(4), substituted "section 1437f(o) or (y) of this title or paying rent under section 1437f(c)(3)(B) of this title" for "section 1437f(o) of this title". · (a)
• Pub. L. 102–550, §102(a), struck out "for not more than a 5-year period" after "monthly rent". · (a)
• Pub. L. 102–550, §102(b), struck out first sentence which read as follows: "The 5-year limitation established in subparagraph (A) shall not apply to any family residing in a public housing project administered by an Indian public housing agency." and substituted "without time lim… · (a)
• Pub. L. 102–550, §621, amended par. (3) generally, substituting present provisions for provisions relating to families consisting of single persons, elderly families, handicapped persons, displaced persons, and families with household heads 50 years old or older and the priorities f… · (b)
• Pub. L. 102–550, §103(a)(1), inserted "and any amounts which would be eligible for exclusion under section 1382b(a)(7) of this title" after "family". · (b)
• Pub. L. 102–550, §625(a)(1), inserted "or disabled" after "elderly". · (b)
• Pub. L. 102–550, §103(a)(2)(A), added subpar. (D) and struck out former subpar. (D) which read as follows: "(i) child care expenses to the extent necessary to enable another member of the family to be employed or to further his or her education; or (ii) excessive travel expenses,… · (b)
• Pub. L. 102–550, §103(a)(2)(B)–(D), added subpar. (G). · (b)
• Pub. L. 102–550, §622(c), which directed the amendment of subsec. (c) by inserting pars. (4) and (5) after "project.", was executed by making the insertion after "project." at the end of par. (3), to reflect the probable intent of Congress. · (c), (5)

1990

• Pub. L. 101–625, §515(b), added concluding undesignated par. directing that earnings and benefits to public housing residents resulting from participation in programs providing employment training and supportive services not be considered as income.
• Pub. L. 101–625, §572(1), substituted "low-income families" for "lower income families" in introductory provisions. · (a)
• Pub. L. 101–625, §572(2), substituted "low-income housing" for "lower income housing" wherever appearing. · (a), (b)
• Pub. L. 101–625, §573(d), inserted sentences at end relating to determination or establishment of median incomes and income ceilings and limits for Westchester County and for metropolitan statistical areas outside Westchester County. · (b)
• Pub. L. 101–625, §572(1), substituted "low-income families" for "lower income families" wherever appearing. · (b)
• Pub. L. 101–625, §574, inserted sentence at end relating to effect of temporary absence of child from the home due to placement in foster care on considerations of family composition and size. · (b)
• Pub. L. 101–625, §573(a), substituted "(D) and any other single persons. In no event may any single person under clause (D) be provided a housing unit assisted under this chapter of 2 bedrooms or more." for "(D) other single persons in circumstances described in regulations of the Secretary." in fi… · (b)
• Pub. L. 101–625, §573(b), inserted before period at end ", except that any amounts not actually received by the family may not be considered as income under this paragraph". · (b)
• Pub. L. 101–625, §573(c)(1), substituted "$550" for "$480". · (b)
• Pub. L. 101–625, §573(c)(2), struck out "elderly" before "family" in cl. (i) and struck out "and" at end. · (b)
• Pub. L. 101–625, §573(c)(3), added subpars. (E) and (F). · (b), (F)
• Pub. L. 101–625, §572(2), substituted "low-income housing" for "lower income housing" wherever appearing. · (b), (10), (11), (c)

1989

• Pub. L. 101–235, §302(1), substituted "5-year period" for "3-year period". · (a)
• Pub. L. 101–235, §302(2), substituted "5-year limitation" for "3-year limitation" and inserted at end "The terms of all ceiling rents established prior to December 15, 1989, shall be extended for the 5-year period beginning on December 15, 1989." · (a)

1988

• Pub. L. 100–242, §102(a), designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), a" for "A", redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and added par. (2). · (a)
• Pub. L. 100–242, §170(c), in cl. (A), substituted "sixty-two years of age," for "sixty-two years of age or", and ", has a developmental disability as defined in section 6001(7) of this title" for "or in section 102 of the Developmental Disabilities Services and Facilities Constructi… · (b)
• Pub. L. 100–242, §111, inserted provisions relating to determination of priority admission to public housing projects designed for elderly families. · (b)
• Pub. L. 100–358, §4(a), designated existing provisions as cl. (i) and added cl. (ii). · (b)
• Pub. L. 100–358, §4(b), inserted at end "The term includes any Indian housing authority." · (b)
• Pub. L. 100–358, §4(c), struck out ", bands, groups, and Nations, including Alaska Indians, Aleuts, and Eskimos, of the United States" after "and Indian tribes". · (b)
• Pub. L. 100–358, §4(d)–(g), added pars. (9) to (12). · (b)

1984

• Pub. L. 98–479, §102(b)(1), inserted provision at end that such ceilings shall be established in consultation with the Secretary of Agriculture for any rural area, as defined in section 1490 of this title, taking into account the subsidy characteristics and types of programs to whic… · (b)
• Pub. L. 98–479, §102(b)(2), inserted ", in consultation with the Secretary of Agriculture" at end. · (b)
• Pub. L. 98–479, §102(b)(3), designated existing provision as cl. (i), added cl. (ii), and inserted "the amount by which the aggregate of the following expenses of the family" in provisions preceding cl. (i). · (b)

1983

• Pub. L. 98–181, §206(a), in provisions preceding par. (1), inserted provision requiring annual review of family income, and inserted "(other than a family assisted under section 1437f(o) of this title)". · (a)
• Pub. L. 98–181, §206(b), qualified the term "very low-income families" in authorizing the Secretary to establish, where necessary, variations in income ceilings higher or lower than 50 per centum of the median for the area. · (b)
• Pub. L. 98–181, §202, inserted provision at end of par. (3) authorizing increase from 15 to 30 per centum in the single person occupancy limitation for nonoccupancy of the involved dwelling units. · (b)
• Pub. L. 98–181, §206(c), amended par. (5) generally, substituting provisions designating cls. (A) to (D) for prior exclusion from "adjusted income" of such amounts or types of income as the Secretary might prescribe, taking into account the number of minor children and other appropr… · (b)

1981

• Pub. L. 97–35 added subsecs. (a) and (c) and designated provisions constituting former section as subsec. (b), and in subsec. (b) as so designated, substituted provisions defining "lower income housing", "lower income families", "families", "income", "adjusted income", "public housing agency", "Sta…

1979

• Pub. L. 96–153 substituted provisions that the rental for a dwelling shall not exceed certain portion of the resident family's income to be established by the Secretary, and that in the case of a very low income family 25 per centum and in other cases 30 per centum of family income for pr… · (1)

1978

• Pub. L. 95–557 substituted "15 per cent" for "10 per cent". · (2)

1976

• Pub. L. 94–375 struck out "and" before cl. (C), added cl. (D), and two provisos relating to the percentage of units to be occupied by single persons and the priority to be given to single persons who are elderly, handicapped, or displaced, following cl. (D). · (2)