§ 4133 TITLE 25—INDIANS Page 718

in connection with rental or homeownership

assistance, establishment and support of resident organizations and resident management

corporations, energy auditing, activities related to the provision of self-sufficiency and

other services, and other services related to

assisting owners, tenants, contractors, and

other entities, participating or seeking to participate in other housing activities assisted

pursuant to this section.

(4) Housing management services

The provision of management services for affordable housing, including preparation of

work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, and management

of affordable housing projects.

(5) Crime prevention and safety activities

The provision of safety, security, and law enforcement measures and activities appropriate

to protect residents of affordable housing from

crime.

(6) Model activities

Housing activities under model programs

that are designed to carry out the purposes of

this chapter and are specifically approved by

the Secretary as appropriate for such purpose.

(Pub. L. 104–330, title II, §202, Oct. 26, 1996, 110

Stat. 4032.)

EFFECTIVE DATE

Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set

out as a note under section 4101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4131, 4133, 4191

of this title.

§ 4133. Program requirements

(a) Rents

(1) Establishment

Subject to paragraph (2), each recipient shall

develop written policies governing rents and

homebuyer payments charged for dwelling

units assisted under this chapter, including

the methods by which such rents and homebuyer payments are determined.

(2) Maximum rent

In the case of any low-income family residing in a dwelling unit assisted with grant

amounts under this chapter, the monthly rent

or homebuyer payment (as applicable) for such

dwelling unit may not exceed 30 percent of the

monthly adjusted income of such family.

(b) Maintenance and efficient operation

Each recipient who owns or operates (or is responsible for funding any entity that owns or

operates) housing developed or operated pursuant to a contract between the Secretary and an

Indian housing authority pursuant to the United

States Housing Act of 1937 [42 U.S.C. 1437 et seq.]

shall, using amounts of any grants received

under this chapter, reserve and use for operating

assistance under section 4132(1) of this title such

amounts as may be necessary to provide for the

continued maintenance and efficient operation

of such housing. This subsection may not be

construed to prevent any recipient (or entity

funded by a recipient) from demolishing or disposing of Indian housing referred to in this subsection, pursuant to regulations established by

the Secretary.

(c) Insurance coverage

Each recipient shall maintain adequate insurance coverage for housing units that are owned

or operated or assisted with grant amounts provided under this chapter.

(d) Eligibility for admission

Each recipient shall develop written policies

governing the eligibility, admission, and occupancy of families for housing assisted with grant

amounts provided under this chapter.

(e) Management and maintenance

Each recipient shall develop policies governing the management and maintenance of housing assisted with grant amounts under this

chapter.

(Pub. L. 104–330, title II, §203, Oct. 26, 1996, 110

Stat. 4032.)

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in

subsec. (b), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, §201(a), Aug. 22, 1974, 88

Stat. 653, which is classified generally to chapter 8

(§1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 1437 of

Title 42 and Tables.

EFFECTIVE DATE

Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set

out as a note under section 4101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4134, 4192 of this

title.

§ 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

A recipient may invest grant amounts for the

purposes of carrying out affordable housing activities in investment securities and other obligations as approved by the Secretary.

(Pub. L. 104–330, title II, §204, Oct. 26, 1996, 110

Stat. 4033.)

EFFECTIVE DATE

Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set

out as a note under section 4101 of this title.