2012 US Code
Title 42 - The Public Health and Welfare
Chapter 8 - LOW-INCOME HOUSING (§§ 1401 - 1440)
Subchapter I - GENERAL PROGRAM OF ASSISTED HOUSING (§§ 1437 - 1437z-8)
Section 1437k - Consortia, joint ventures, affiliates, and subsidiaries of public housing agencies
Publication Title | United States Code, 2012 Edition, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING Sec. 1437k - Consortia, joint ventures, affiliates, and subsidiaries of public housing agencies |
Contains | section 1437k |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Sept. 1, 1937, ch. 896, title I, §13, as added Pub. L. 96-153, title II, §209, Dec. 21, 1979, 93 Stat. 1109; amended Pub. L. 96-399, title II, §202(b), Oct. 8, 1980, 94 Stat. 1629; renumbered title I, Pub. L. 100-358, §5, June 29, 1988, 102 Stat. 681; Pub. L. 105-276, title V, §515, Oct. 21, 1998, 112 Stat. 2549. |
Statutes at Large References | 50 Stat. 894 93 Stat. 1109 94 Stat. 1629 101 Stat. 1847 102 Stat. 681 112 Stat. 2549 |
Public Law References | Public Law 93-383, Public Law 96-153, Public Law 96-399, Public Law 100-242, Public Law 100-358, Public Law 105-276 |
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Any 2 or more public housing agencies may participate in a consortium for the purpose of administering any or all of the housing programs of those public housing agencies in accordance with this section.
(2) EffectWith respect to any consortium described in paragraph (1)—
(A) any assistance made available under this subchapter to each of the public housing agencies participating in the consortium shall be paid to the consortium; and
(B) all planning and reporting requirements imposed upon each public housing agency participating in the consortium with respect to the programs operated by the consortium shall be consolidated.
(3) Restrictions (A) AgreementEach consortium described in paragraph (1) shall be formed and operated in accordance with a consortium agreement, and shall be subject to the requirements of a joint public housing agency plan, which shall be submitted by the consortium in accordance with section 1437c–1 of this title.
(B) Minimum requirementsThe Secretary shall specify minimum requirements relating to the formation and operation of consortia and the minimum contents of consortium agreements under this paragraph.
(b) Joint ventures (1) In generalNotwithstanding any other provision of law, a public housing agency, in accordance with the public housing agency plan, may—
(A) form and operate wholly owned or controlled subsidiaries (which may be nonprofit corporations) and other affiliates, any of which may be directed, managed, or controlled by the same persons who constitute the board of directors or similar governing body of the public housing agency, or who serve as employees or staff of the public housing agency; or
(B) enter into joint ventures, partnerships, or other business arrangements with, or contract with, any person, organization, entity, or governmental unit—
(i) with respect to the administration of the programs of the public housing agency, including any program that is subject to this subchapter; or
(ii) for the purpose of providing or arranging for the provision of supportive or social services.
(2) Use and treatment of incomeAny income generated under paragraph (1)—
(A) shall be used for low-income housing or to benefit the residents assisted by the public housing agency; and
(B) shall not result in any decrease in any amount provided to the public housing agency under this subchapter, except as otherwise provided under the formulas established under section 1437g(d)(2) and 1437g(e)(2) of this title.
(3) AuditsThe Comptroller General of the United States, the Secretary, or the Inspector General of the Department of Housing and Urban Development may conduct an audit of any activity undertaken under paragraph (1) at any time.
(Sept. 1, 1937, ch. 896, title I, §13, as added Pub. L. 96–153, title II, §209, Dec. 21, 1979, 93 Stat. 1109; amended Pub. L. 96–399, title II, §202(b), Oct. 8, 1980, 94 Stat. 1629; renumbered title I, Pub. L. 100–358, §5, June 29, 1988, 102 Stat. 681; Pub. L. 105–276, title V, §515, Oct. 21, 1998, 112 Stat. 2549.)
Prior ProvisionsA prior section 13 of act Sept. 1, 1937, ch. 896, 50 Stat. 894, as amended, enumerated powers of the Authority and was classified to section 1413 of this title, prior to the general revision of this chapter by Pub. L. 93–383.
Amendments1998—Pub. L. 105–276 amended section catchline and text of section generally. Prior to amendment, text read as follows: “The Secretary shall, to the maximum extent practicable, require that newly constructed and substantially rehabilitated projects assisted under this chapter with authority provided on or after October 1, 1979, shall be equipped with heating and cooling systems selected on the basis of criteria which include a life-cycle cost analysis of such systems.”
1980—Pub. L. 96–399 struck out subsec. (a) which related to consideration by the Secretary, in utilizing contract authority, of projects which will be modernized to a substantial extent with weatherization materials as defined in section 6862(9) of this title, and redesignated former subsec. (b) as entire section.
Effective Date of 1998 AmendmentAmendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title.
Energy Efficient Public Housing DemonstrationPub. L. 100–242, title I, §125, Feb. 5, 1988, 101 Stat. 1847, provided that:
“(a)
“(b)
“(c)
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