§ 12910. Grants for community residences and services
(a)
Grant authority
The Secretary of Housing and Urban Development may make grants to States and metropolitan areas to develop and operate community residences and provide services for eligible persons.
(b)
Community residences and services
(1)
Community residences
(A)
In general
A community residence under this section shall be a multiunit residence designed for eligible persons for the following purposes:
(i)
To provide a lower cost residential alternative to institutional care and to prevent or delay the need for institutional care.
(ii)
To provide a permanent or transitional residential setting with appropriate services that enhances the quality of life for individuals who are unable to live independently.
(B)
Rent
Except to the extent that the costs of providing residence are reimbursed or provided by any other assistance from Federal or non-Federal public sources, each resident in a community residence shall pay as rent for a dwelling unit an amount equal to the following:
(i)
For low-income individuals, the amount of rent paid under section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a
(a)) by a low-income family (as the term is defined in section 3(b)(2) of such Act (42 U.S.C. 1437a
(b)(2))) for a dwelling unit assisted under such Act [42 U.S.C. 1437 et seq.].
(C)
Fees
Fees may be charged for any services provided under subsection (c)(2) of this section to residents of a community residence, except that any fees charged shall be based on the income and resources of the resident and the provision of services to any resident of a community residence may not be withheld because of an inability of the resident to pay such fee.
(2)
Services
Services provided with a grant under this section shall consist of services appropriate in assisting eligible persons to enhance their quality of life, enable such individuals to more fully participate in community life, and delay or prevent the placement of such individuals in hospitals or other institutions.
(c)
Use of grants
Any amounts received from a grant under this section may be used only as follows:
(1)
Community residences
For providing assistance in connection with community residences under subsection (b)(1) of this section for the following activities:
(A)
Physical improvements
Construction, acquisition, rehabilitation, conversion, retrofitting, and other physical improvements necessary to make a structure suitable for use as a community residence.
(C)
Technical assistance
Technical assistance in establishing and operating a community residence, which may include planning and other predevelopment or preconstruction expenses, and expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases provided for individuals residing in proximity of eligible persons assisted under this chapter.
(d)
Limitations on use of grants
(1)
Community residences
Any jurisdiction that receives a grant under this section may not use any amounts received under the grant for the purposes under subsection (c)(1) of this section, except for planning and other expenses preliminary to construction or other physical improvement under subsection (c)(1)(A) of this section, unless the jurisdiction certifies to the Secretary, as the Secretary shall require, the following:
(A)
Service agreement
That the jurisdiction has entered into a written agreement with service providers qualified to deliver any services included in the proposal under subsection (c) of this section to provide such services to eligible persons assisted by the community residence.
(B)
Funding and capability
That the jurisdiction will have sufficient funding for such services and the service providers are qualified to assist eligible persons.
(C)
Zoning and building codes
That any construction or physical improvements carried out with amounts received from the grant will comply with any applicable State and local housing codes and licensing requirements in the jurisdiction in which the building or structure is located.
(D)
Intensive assistance
That, for any individual with acquired immunodeficiency syndrome or related diseases who resides in a community residence assisted under the grant and who requires more intensive care than can be provided by the community residence, the jurisdiction will locate for and refer the individual to a service provider who can appropriately care for the individual.