SECTION 8 PAYMENTS FOR SECTION 202 PROJECTS EXCERPT FROM SECTION 210 OF THE HOUSING AND COMMUNITY [Public Law 93-383; 88 Stat. 671; 12 U.S.C. 1701q note] (g)(1) In determining the feasibility and marketability of a project under section 202 of the Housing Act of 1959, the Secretary shall consider the availability of monthly assistance payments pursuant to section 8 of the United States Housing Act of 1937 with respect to such a project. (2) The Secretary shall insure that with the original approval of a project authorized pursuant to section 202 of the Housing Act of 1959, and thereafter at each annual revision of the assistance contract under section 8 of the United States Housing Act of 1937 with respect to such units in such project, the project will serve both low- and moderate-income families in a mix which he determines to be appropriate for the area and for viable operation of the project; except that the Secretary shall not permit maintenance or vacancies to await tenants of one income level where tenants of another income level are available. [12 U.S.C. 1701q note] ELDER COTTAGE HOUSING UNIT DEMONSTRATION EXCERPT FROM CRANSTON-GONZALEZ NATIONAL AFFORDABLE [Public Law 101-625; 104 Stat. 4323; 12 U.S.C. 1701q note] SEC. 806. ELDER COTTAGE HOUSING UNITS. (a) ELIGIBILITY FOR INSURANCE.-Section 2 of the National Housing Act (12 U.S.C. 1703) is amended by adding at the end the following new subsection: "(i) * * (b) DEMONSTRATION PROGRAM. (1) IN GENERAL.-The Secretary of Housing and Urban Development shall carry out a program to determine the feasibility of including as an eligible development cost under section 202 of the Housing Act of 1959 the cost of purchasing and installing elder cottage housing opportunity units that are small, freestanding, barrier-free, energy efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings. In the conduct of the demonstration, the Secretary shall determine whether the durability of such units is appropriate for inclusion in the section 202 program. (2) REPORT.-The Secretary shall transmit a report to the Congress not later than January 1, 1992 on the results of the demonstration under subsection (a). [12 U.S.C.1701q note] SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES EXCERPT FROM CRANSTON-GONZALEZ NATIONAL AFFORDABLE [Public Law 101-625; 104 Stat. 4324; 42 U.S.C. 8013] TITLE VIII-HOUSING FOR PERSONS WITH Subtitle B-Supportive Housing for Persons With Disabilities SEC. 811. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES. (a) PURPOSE.-The purpose of this section is to enable persons with disabilities to live with dignity and independence within their communities by expanding the supply of supportive housing that— (1) is designed to accommodate the special needs of such persons; and (2) provides supportive services that address the individual health, mental health, and other needs of such persons. (b) GENERAL AUTHORITY.-The Secretary is authorized to provide assistance to private, nonprofit organizations to expand the supply of supportive housing for persons with disabilities. Such assistance shall be provided as (1) capital advances in accordance with subsection (d)(1), and (2) contracts for project rental assistance in accordance with subsection (d)(2). Such assistance may be used to finance the acquisition, acquisition and moderate rehabilitation, construction, reconstruction, or moderate or substantial rehabilitation of housing, including the acquisition from the Resolution Trust Corporation, to be used as supportive housing for persons with disabilities and may include real property acquisition, site improvement, conversion, demolition, relocation, and other expenses that the Secretary determines are necessary to expand the supply of supportive housing for persons with disabilities. (c) GENERAL REQUIREMENTS.-The Secretary shall take such actions as may be necessary to ensure that— (1) assistance made available under this section will be used to meet the special needs of persons with disabilities by providing a variety of housing options, ranging from group homes and independent living facilities to dwelling units in multifamily housing developments, condominium housing, and cooperative housing; and (2) supportive housing for persons with disabilities assisted under this section shall— (A) provide persons with disabilities occupying such housing with supportive services that address their individual needs; (B) provide such persons with opportunities for optimal independent living and participation in normal daily activities, and (C) facilitate access by such persons to the community at large and to suitable employment opportunities within such community. (d) FORMS OF ASSISTANCE.— (1) CAPITAL ADVANCES.-A capital advance provided under this section shall bear no interest and its repayment shall not be required so long as the housing remains available for verylow-income persons with disabilities in accordance with this section. Such advance shall be in an amount calculated in accordance with the development cost limitation established in subsection (h). (2) PROJECT RENTAL ASSISTANCE.-Contracts for project rental assistance shall obligate the Secretary to make monthly payments to cover any part of the costs attributed to units occupied (or, as approved by the Secretary, held for occupancy) by very low-income persons with disabilities that is not met from project income. The annual contract amount for any project shall not exceed the sum of the initial annual project rentals for all units and any initial utility allowances for such units, as approved by the Secretary. Any contract amounts not used by a project in any year shall remain available to the project until the expiration of the contract. The Secretary may adjust the annual contract amount if the sum of the project income and the amount of assistance payments available under this paragraph are inadequate to provide for reasonable project costs. In the case of an intermediate care facility which is the residence of persons assisted under title XIX of the Social Security Act, project income under this paragraph shall include the same amount as if such person were being assisted under title XVI of the Social Security Act. (3) RENT CONTRIBUTION.-A very low-income person shall pay as rent for a dwelling unit assisted under this section the higher of the following amounts, rounded to the nearest dollar: (A) 30 percent of the person's adjusted monthly income, (B) 10 percent of the person's monthly income, or (C) if the person is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the person's actual housing costs, is specifically designated by such agency to meet the person's housing costs, the portion of such payments which is so designated; except that the gross income of a person occupying an intermediate care facility assisted under title XIX of the Social Security Act shall be the same amount as if the person were being assisted under title XVI of the Social Security Act. (e) TERM OF COMMITMENT. (1) USE LIMITATIONS.-All units in housing assisted under this section shall be made available for occupancy by very lowincome persons with disabilities for not less than 40 years. (2) CONTRACT TERMS.-The initial term of a contract entered into under subsection (d)(2) shall be 240 months. The Secretary shall, to the extent approved in appropriation Acts, extend any expiring contract for a term of not less than 60 months. In order to facilitate the orderly extension of expiring contracts, the Secretary is authorized to make commitments to extend expiring contracts during the year prior to the date of expiration. (f) APPLICATIONS.-Funds made available under this section shall be allocated by the Secretary among approvable applications submitted by private nonprofit organizations. Applications for assistance under this section shall be submitted in such form and in accordance with such procedures as the Secretary shall establish. Such applications shall contain (1) a description of the proposed housing; (2) a description of the assistance the applicant seeks under this section; (3) a supportive service plan that contains (A) a description of the needs of persons with disabilities that the housing is expected to serve; (B) assurances that persons with disabilities occupying such housing will receive supportive services based on their individual needs; (C) evidence of the applicant's (or a designated service provider's) experience in providing such supportive services; (D) a description of the manner in which such services will be provided to such persons, including evidence of such residential supervision as the Secretary determines is necessary to facilitate the adequate provision of such services; and (E) identification of the extent of State and local funds available to assist in the provision of such services; (4) a certification from the appropriate State or local agency (as determined by the Secretary) that the provision of the services identified in paragraph (3) are well designed to serve the special needs of persons with disabilities; (5) reasonable assurances that the applicant will own or have control of an acceptable site for the proposed housing not later than 6 months after notification of an award for assistance; (6) a certification from the public official responsible for submitting a housing strategy for the jurisdiction to be served in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act that the proposed housing is consistent with the approved housing strategy; and (7) such other information or certifications that the Secretary determines to be necessary or appropriate to achieve the purposes of this section. (g) SELECTION CRITERIA.-The Secretary shall establish selection criteria for assistance under this section, which shall include 84-043 0 92 - 11 |