Collapse to view only § 4136. Repealed.
- § 4131. National objectives and eligible families
- § 4132. Eligible affordable housing activities
- § 4133. Program requirements
- § 4134. Types of investments
- § 4135. Low-income requirement and income targeting
- § 4136. Repealed.
- § 4137. Lease requirements and tenant selection
- § 4138. Availability of records
- § 4139. Noncompliance with affordable housing requirement
- § 4140. Continued use of amounts for affordable housing
§ 4131. National objectives and eligible families
(a) Primary objectiveThe national objectives of this chapter are—
(1) to assist and promote affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy environments on Indian reservations and in other Indian areas for occupancy by low-income Indian families;
(2) to ensure better access to private mortgage markets for Indian tribes and their members and to promote self-sufficiency of Indian tribes and their members;
(3) to coordinate activities to provide housing for Indian tribes and their members with Federal, State, and local activities to further economic and community development for Indian tribes and their members;
(4) to plan for and integrate infrastructure resources for Indian tribes with housing development for tribes; and
(5) to promote the development of private capital markets in Indian country and to allow such markets to operate and grow, thereby benefiting Indian communities.
(b) Eligible families
(1) In general
(2) Exception to low-income requirement
(A) Exception to requirement
(B) Limits
(3) Essential families
(4) Law enforcement officersA recipient may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this chapter for a law enforcement officer on an Indian reservation or other Indian area, if—
(A) the officer—
(i) is employed on a full-time basis by the Federal Government or a State, county, or other unit of local government, or lawfully recognized tribal government; and
(ii) in implementing such full-time employment, is sworn to uphold, and make arrests for, violations of Federal, State, county, or tribal law; and
(B) the recipient determines that the presence of the law enforcement officer on the Indian reservation or other Indian area may deter crime.
(5) Law enforcement officers
(6)1
1 So in original. Two pars. (6) have been enacted.
Preference for tribal members and other Indian families(6)1 Exemption
(Pub. L. 104–330, title II, § 201, Oct. 26, 1996, 110 Stat. 4031; Pub. L. 105–276, title V, § 595(e)(7), Oct. 21, 1998, 112 Stat. 2657; Pub. L. 106–377, § 1(a)(1) [title II, § 210], Oct. 27, 2000, 114 Stat. 1441, 1441A–26; Pub. L. 106–568, title X, § 1003(e), Dec. 27, 2000, 114 Stat. 2926; Pub. L. 110–411, title II, § 201, Oct. 14, 2008, 122 Stat. 4324.)
§ 4132. Eligible affordable housing activities
Affordable housing activities under this subchapter are activities, in accordance with the requirements of this subchapter, to develop, operate, maintain, or support affordable housing for rental or homeownership, or to provide housing services with respect to affordable housing, through the following activities:
(1) Indian housing assistance
(2) Development
(3) Housing services
(4) Housing management services
(5) Crime prevention and safety activities
(6) Model activities
(7) Community development demonstration project
(A) In general
(B) Study
(8) Self-Determination Act demonstration project
(A) In general
(B) Study
(9) Reserve accounts
(A) In general
(B) Maximum amount
(Pub. L. 104–330, title II, § 202, Oct. 26, 1996, 110 Stat. 4032; Pub. L. 107–292, § 8, Nov. 13, 2002, 116 Stat. 2055; Pub. L. 109–58, title V, § 506(b), Aug. 8, 2005, 119 Stat. 779; Pub. L. 110–411, title II, § 202, Oct. 14, 2008, 122 Stat. 4325.)
§ 4133. Program requirements
(a) Rents
(1) Establishment
(2) Maximum rent
(b) Maintenance and efficient operation
(c) Insurance coverage
(d) Eligibility for admission
(e) Management and maintenance
(f) Use of grant amounts over extended periods
(1) In general
(2) Carryover
(g) De minimis exemption for procurement of goods and services
(Pub. L. 104–330, title II, § 203, Oct. 26, 1996, 110 Stat. 4032; Pub. L. 110–411, title II, § 203, Oct. 14, 2008, 122 Stat. 4325.)
§ 4134. Types of investments
(a) In general
Subject to section 4133 of this title and the Indian housing plan for an Indian tribe, the recipient for that tribe shall have—
(1) the discretion to use grant amounts for affordable housing activities through equity investments, interest-bearing loans or advances, noninterest-bearing loans or advances, interest subsidies, leveraging of private investments, or any other form of assistance that the Secretary has determined to be consistent with the purposes of this chapter; and
(2) the right to establish the terms of assistance.
(b) Investments
(Pub. L. 104–330, title II, § 204, Oct. 26, 1996, 110 Stat. 4033.)
§ 4135. Low-income requirement and income targeting
(a) In generalHousing shall qualify as affordable housing for purposes of this chapter only if—
(1) each dwelling unit in the housing—
(A) in the case of rental housing, is made available for occupancy only by a family that is a low-income family at the time of their initial occupancy of such unit;
(B) in the case of a contract to purchase existing housing, is made available for purchase only by a family that is a low-income family at the time of purchase;
(C) in the case of a lease-purchase agreement for existing housing or for housing to be constructed, is made available for lease-purchase only by a family that is a low-income family at the time the agreement is entered into; and
(D) in the case of a contract to purchase housing to be constructed, is made available for purchase only by a family that is a low-income family at the time the contract is entered into; and
(2) except for housing assisted under section 1437bb of title 42 (as in effect before the date of the effectiveness of this chapter), each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for the remaining useful life of the property (as determined by the Secretary) without regard to the term of the mortgage or to transfer of ownership, or for such other period that the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this chapter, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if such action—
(A) recognizes any contractual or legal rights of public agencies, nonprofit sponsors, or others to take actions that would avoid termination of low-income affordability in the case of foreclosure or transfer in lieu of foreclosure; and
(B) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary.
(b) Exception
(c) Applicability
(Pub. L. 104–330, title II, § 205, Oct. 26, 1996, 110 Stat. 4033; Pub. L. 105–276, title V, § 595(e)(8), Oct. 21, 1998, 112 Stat. 2657; Pub. L. 110–411, title II, § 204, Oct. 14, 2008, 122 Stat. 4326.)
§ 4136. Repealed. Pub. L. 106–568, title X, § 1003(k)(2), Dec. 27, 2000, 114 Stat. 2930; Pub. L. 106–569, title V, § 503(j)(2), Dec. 27, 2000, 114 Stat. 2966
§ 4137. Lease requirements and tenant selection
(a) LeasesExcept to the extent otherwise provided by or inconsistent with tribal law, in renting dwelling units in affordable housing assisted with grant amounts provided under this chapter, the owner or manager of the housing shall utilize leases that—
(1) do not contain unreasonable terms and conditions;
(2) require the owner or manager to maintain the housing in compliance with applicable housing codes and quality standards;
(3) require the owner or manager to give adequate written notice of termination of the lease, which shall be the period of time required under State, tribal, or local law;
(4) specify that, with respect to any notice of eviction or termination, notwithstanding any State, tribal, or local law, a resident shall be informed of the opportunity, prior to any hearing or trial, to examine any relevant documents, records, or regulations directly related to the eviction or termination;
(5) require that the owner or manager may not terminate the tenancy, during the term of the lease, except for serious or repeated violation of the terms or conditions of the lease, violation of applicable Federal, State, tribal, or local law, or for other good cause; and
(6) provide that the owner or manager may terminate the tenancy of a resident for any activity, engaged in by the resident, any member of the household of the resident, or any guest or other person under the control of the resident, that—
(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other residents or employees of the owner or manager of the housing;
(B) threatens the health or safety of, or right to peaceful enjoyment of their premises by, persons residing in the immediate vicinity of the premises; or
(C) is criminal activity (including drug-related criminal activity) on or off the premises.
(b) Tenant and homebuyer selectionThe owner or manager of affordable rental housing assisted with grant amounts provided under this chapter shall adopt and utilize written tenant and homebuyer selection policies and criteria that—
(1) are consistent with the purpose of providing housing for low-income families;
(2) are reasonably related to program eligibility and the ability of the applicant to perform the obligations of the lease; and
(3) provide for—
(A) the selection of tenants and homebuyers from a written waiting list in accordance with the policies and goals set forth in the Indian housing plan for the tribe that is the grant beneficiary of such grant amounts; and
(B) the prompt notification in writing to any rejected applicant of that rejection and the grounds for that rejection.
(Pub. L. 104–330, title II, § 207, Oct. 26, 1996, 110 Stat. 4034; Pub. L. 105–276, title V, § 595(b), (e)(9), Oct. 21, 1998, 112 Stat. 2656, 2658.)
§ 4138. Availability of records
(a) Provision of information
(b) Exception
(c) Confidentiality
(Pub. L. 104–330, title II, § 208, Oct. 26, 1996, 110 Stat. 4035; Pub. L. 105–276, title V, § 595(e)(10), Oct. 21, 1998, 112 Stat. 2658; Pub. L. 110–411, title II, § 205, Oct. 14, 2008, 122 Stat. 4326.)
§ 4139. Noncompliance with affordable housing requirement
If a recipient uses grant amounts to provide affordable housing under this subchapter, and at any time during the useful life of the housing the recipient does not comply with the requirement under section 4135(a)(2) of this title, the Secretary shall take appropriate action under section 4161(a) of this title.
(Pub. L. 104–330, title II, § 209, Oct. 26, 1996, 110 Stat. 4035; Pub. L. 105–276, title V, § 595(c), Oct. 21, 1998, 112 Stat. 2656; Pub. L. 106–568, title X, § 1003(f)(1), Dec. 27, 2000, 114 Stat. 2927; Pub. L. 106–569, title V, § 503(e)(1), Dec. 27, 2000, 114 Stat. 2962.)
§ 4140. Continued use of amounts for affordable housing
Any funds for programs for low-income housing under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] that, on the date of the applicability of this chapter to an Indian tribe, are owned by, or in the possession or under the control of, the Indian housing authority for the tribe, including all reserves not otherwise obligated, shall be considered assistance under this chapter and subject to the provisions of this chapter relating to use of such assistance.
(Pub. L. 104–330, title II, § 210, Oct. 26, 1996, 110 Stat. 4036.)