Pub. L. 102-550, tit. XIV, subtit. A, sec. 1413
SHELTER PLUS CARE PROGRAM.
SEC. 1413. SHELTER PLUS CARE PROGRAM. (a) Authorization of Appropriations.— Section 459 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403h) is amended— (1) by striking subsection (a) and inserting the following new subsection: 106 STAT. 4030 “(a) In General.—For purposes of the housing programs under this subtitle, there are authorized to be appropriated $266,550,000 for fiscal year 1993 and $277,745,100 for fiscal year 1994. Of any amount appropriated in any fiscal year to carry out this subtitle— “(1) not less than 10 percent shall be available only for carrying out part II of this subtitle; “(2) not less than 10 percent shall be available only for carrying out part III of this subtitle; “(3) not less than 10 percent shall be available only for carrying out part IV of this subtitle; and “(4) not less than 10 percent shall be available only for carrying out part V of this subtitle.”; (2) by striking subsections (b) and (c); and (3) by redesignating subsection (d) as subsection (b). (b) Participation of Homeless Individuals.—Section 455 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403d) is amended by adding at the end the following new sub-section: “(c) Participation of Homeless Individuals.—The Secretary shall, by regulation, require each recipient to provide for the consultation and participation of not less than one homeless individual or former homeless individual on the board of directors or other equivalent policymaking entity of the recipient, to the extent that such entity considers and makes policies and decisions regarding any housing assisted under this subtitle or services for such housing. The Secretary may grant waivers to recipients unable to meet the requirement under the preceding sentence if the recipient agrees to otherwise consult with homeless or formerly homeless individuals in considering and making such policies and decisions. (c) Employment of Homeless Individuals.—Section 456 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403e) is amended— (1) in paragraph (3), by striking “and” at the end; (2) in paragraph (4), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(5) to the maximum extent practicable, to involve homeless individuals and families, through employment volunteer services, or otherwise, in constructing or rehabilitating housing assisted under this subtitle and in providing services required under this subtitle.”. (d) Redesignation and Amendment of Part II Provisions.—Subtitle F of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403 et seq.) is amended as follows: (1) Part II Heading.—By amending the heading for part II to read as follows: “PART II—TENANT-BASED RENTAL ASSISTANCE” (2) Parts II and IV.—By striking parts III and IV. (3) Purpose.—By striking section 461 and inserting the following new section: 106 STAT. 4031 “SEC. 471. AUTHORITY.“The Secretary may use amounts made available under section 463 to provide tenant-based rental housing assistance for eligible persons in accordance with this part.”. (4) Housing assistance.—By redesignating section 462 as section 472 and amending such section by striking “Where” and inserting the following: “An eligible person on behalf of whom assistance is provided under this part shall select the unit in which such person will live using rental assistance under this part; except that where”. (5) Amount of assistance.—By redesignating section 463 as section 473 and amending such section by striking the last sentence. (e) Transfer, Redesignation, and Amendment of General Provisions.—Subtitle F of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403 et seq.) is amended as follows: (1) Termination of assistance.—By redesignating section 457 as section 461. (2) Definitions.— By redesignating section 458 as section 462 and amending such section— (A) by striking paragraph (2) and inserting the following new paragraph: “(2) The term ‘applicant’ means a State, unit of general local government, Indian tribe, or public housing agency”; and (B) in paragraph (5), by inserting before the period at the end “, and includes community mental health centers established as public nonprofit organizations”. (3) Authorization of appropriations.—By redesignating section 459 (as amended by subsection (a) of this section) as section 463. (4) Housing standards and rent reasonableness.—By redesignating section 464 as section 457, transferring and inserting such section after section 456, and amending sub-section (a)(1) of such section by striking “(or if no such agency exists in the applicable area, an entity selected by the Secretary)”. (5) Tenant rent and administrative fees.—By transfer-ring and inserting sections 465 and 466 after section 457 (as so redesignated by paragraph (4) of this subsection) and redesignating such sections as sections 458 and 459, respectively. (6) Occupancy.—By inserting after section 459 (as so redesignated by paragraph (5) of this subsection) the following new section: “SEC. 460. OCCUPANCY. “(a) Occupancy Agreement.—The occupancy agreement between a tenant and an owner of a dwelling unit assisted under this subtitle shall be for at least one month. “(b) Vacancy Payments.—If an eligible person vacates a dwelling unit assisted under this subtitle before the expiration of the occupancy agreement, no assistance payment may be made with respect to the unit after the month that follows the month during which the unit was vacated, unless it is occupied by another eligible person.”. 106 STAT. 4032 (f) Project-and Sponsor-Based Rental Assistance and Single Room Occupancy Dwellings.—Subtitle F of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403 et seq.), as amended by the preceding provisions of this section, is further amended by inserting at the end the following new parts: “PART III—PROJECT-BASED RENTAL ASSISTANCE “SEC. 476. AUTHORITY. The Secretary may use amounts made available under section 463 to provide project-based rental housing assistance for eligible persons in accordance with this part. “SEC. 477. HOUSING ASSISTANCE.“Assistance under this part shall be provided pursuant to a contract between the recipient and an owner of an existing structure. The contract shall provide that rental assistance payments shall be made to the owner and that the units in the structure shall be occupied by eligible persons for not less than the term of the contract. “SEC. 478. TERM OF CONTRACT AND AMOUNT OF ASSISTANCE. “(a) Term of Contract.—Each contract with a recipient for assistance under this part shall be for a term of 5 years, and the owner shall have an option to renew the assistance for an additional 5-year term, subject to the availability of amounts provided in appropriation Acts; except that if an expenditure of at least $3,000 for each unit (including its prorated share of work on common areas or systems) is required to make the structure decent, safe, and sanitary, and the owner agrees to carry out the rehabilitation with resources other than assistance under this sub-title within 12 months of notification of grant approval, the contract shall be for a term of 10 years. “(b) Amount of Assistance.—Each contract shall provide that the recipient shall receive aggregate amounts not to exceed the appropriate existing housing fair market rental under section 8(c)(1) of the United States Housing Act of 1937 in effect at the time the application is approved. Any amounts not needed for a year may be used to increase the amount available in subsequent years. “PART IV—SPONSOR-BASED RENTAL ASSISTANCE “SEC. 481. AUTHORITY.The Secretary may use amounts made available under section 463 to provide sponsor-based rental assistance for eligible persons in accordance with this part. “SEC. 482. HOUSING ASSISTANCE.“Assistance under this part shall be provided pursuant to a contract between the recipient and a private nonprofit sponsor that owns or leases dwelling units. The contract shall provide that rental assistance payments shall be made.to the sponsor and that such assisted units shall be occupied by eligible persons. 106 STAT. 4033 “SEC. 483. TERM OF CONTRACT AND AMOUNT OF ASSISTANCE. “(a) Term of Contract.—The contract with a recipient of assistance under this part shall be for a term of 5 years. “(b) Amount of Assistance.—Each contract shall provide that the recipient shall receive aggregate amounts not to exceed the appropriate existing housing fair market rental under section 8(c)(1) of the United States Housing Act of 1937 in effect at the time the application is approved. Any amounts not needed for a year may be used to increase the amount available in subsequent years. “PART V—SECTION 8 MODERATE REHABILITATION ASSISTANCE FOR SINGLE-ROOM OCCUPANCY DWELLINGS “SEC. 486. AUTHORITY.“The Secretary may use amounts made available under section 463 in connection with the moderate rehabilitation of single room occupancy housing described in section 8(n) of the United States Housing Act of 1937 for occupancy by eligible persons in accordance with this part. Amounts available under section 463 may be used in connection with the moderate rehabilitation of efficiency units if the building owner agrees to pay the additional cost of rehabilitating and operating the efficiency units. “SEC. 487. FIRE AND SAFETY IMPROVEMENTS.“Each contract for housing assistance payments entered into under this part shall require the installation of a sprinkler system that protects all major spaces, hard-wired smoke detectors, and any other fire safety improvements as may be required by State or local law. For purposes of this section, the term ‘major spaces’ means hallways, large common areas, and other areas specified in local fire, building, or safety codes. “SEC. 488. CONTRACT REQUIREMENTS.“Each contract for annual contributions entered into by the Secretary with a public housing agency to obligate the authority made available under section 463 for use under this part shall— “(1) commit the Secretary to make the authority available to the public housing agency for an aggregate period of 10 years, and require that any amendments increasing the authority shall be available for the remainder of such 10-year period; “(2) provide the Secretary with the option to renew the contract for an additional period of 10 years, subject to the availability of authority; and “(3) provide that, notwithstanding any other provision of law, first priority for occupancy of housing rehabilitated under this part shall be given to homeless persons.”. (g) Technical and Conforming Amendments.—Subtitle F of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403 et seq.), as amended by the preceding provisions of this section, is further amended— (1) by striking the heading for part I and inserting the following new heading: 106 STAT. 4034 “PART I—GENERAL REQUIREMENTS”; (2) in section 452(a), by striking “and IV” and inserting “IV, and V”; and (3) in section 454(b)— (A) in paragraph (1), by striking “or IV” and inserting “IV, or V”; (B) in paragraph (8), by striking “or IV” and inserting “IV, or V”; (C) in paragraph (10)(A), by inserting “, or III after “part II”; and (D) in paragraph (11)— (i) by striking “part III” and inserting “part V”; and (ii) by striking “rehabilitation and”.