I 

111TH CONGRESS 

1ST SESSION H. R. 1675 

To amend section 811 of the Cranston-Gonzalez National Affordable Housing 

Act to improve the program under such section for supportive housing 

for persons with disabilities. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2009 

Mr. MURPHY of Connecticut (for himself, Mrs. BIGGERT, Mr. FRANK of Massachusetts, Ms. WATERS, Ms. SCHAKOWSKY, Mr. ELLISON, Mr. SIRES, 

and Mr. FILNER) introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To amend section 811 of the Cranston-Gonzalez National 

Affordable Housing Act to improve the program under 

such section for supportive housing for persons with disabilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; REFERENCES. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Frank Melville Supportive Housing Investment Act of 

6 2009’’. 


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1 (b) REFERENCES.—Except as otherwise expressly 

2 provided, wherever in this Act an amendment or repeal 

3 is expressed in terms of an amendment to, or repeal of, 

4 section 811 or any other provision of section 811, the ref5 erence shall be considered to be made to section 811 of 

6 the Cranston-Gonzalez National Affordable Housing Act 

7 (42 U.S.C. 8013). 

8 SEC. 2. TENANT-BASED RENTAL ASSISTANCE THROUGH 

9 CERTIFICATE FUND. 

10 (a) TERMINATION OF MAINSTREAM TENANT-BASED

11 RENTAL ASSISTANCE PROGRAM.—Section 811 is amend12 ed— 

13 (1) in subsection (b)— 

14 (A) by striking the first subsection des15 ignation and all that follows through the end of 

16 subparagraph (B) of paragraph (2) and insert17 ing the following: 

18 ‘‘(b) AUTHORITY TO PROVIDE ASSISTANCE.—The 

19 Secretary is authorized to provide assistance to private 

20 nonprofit organizations to expand the supply of supportive 

21 housing for persons with disabilities, which shall be pro22 vided as— 

23 ‘‘(1) capital advances in accordance with sub24 section (d)(1); and 


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1 ‘‘(2) contracts for project rental assistance in 

2 accordance with subsection (d)(2).’’; and 

3 (B) by striking ‘‘assistance under this 

4 paragraph’’ and inserting ‘‘Assistance under 

5 this subsection’’; 

6 (2) in subsection (d), by striking paragraph (4); 

7 and 

8 (3) in subsection (l), by striking paragraph (1). 

9 (b) RENEWAL THROUGH SECTION 8.—Section 811 

10 is amended by adding at the end the following new sub11 section: 

12 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS FOR SEC13 TION 8 ASSISTANCE.— 

14 ‘‘(1) IN GENERAL.—There is authorized to be 

15 appropriated for tenant-based rental assistance 

16 under section 8(o) of the United States Housing Act 

17 of 1937 (42 U.S.C. 1437f(o)) for persons with dis18 abilities in fiscal year 2010 the amount necessary to 

19 provide a number of incremental vouchers under 

20 such section that is equal to the number of vouchers 

21 provided in fiscal year 2009 under the tenant-based 

22 rental assistance program under subsection (d)(4) of 

23 this section (as in effect before the date of the enact24 ment of the Frank Melville Supportive Housing In25 vestment Act of 2009). 


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1 ‘‘(2) REQUIREMENTS UPON TURNOVER.—The 

2 Secretary shall develop and issue, to public housing 

3 agencies that receive voucher assistance made avail4 able under this subsection and to public housing 

5 agencies that received voucher assistance under sec6 tion 8(o) of the United States Housing Act of 1937 

7 (42 U.S.C. 1437f(o)) for non-elderly disabled fami8 lies pursuant to appropriation Acts for fiscal years 

9 1997 through 2002 or any other subsequent appro10 priations for incremental vouchers for non-elderly 

11 disabled families, guidance to ensure that, to the 

12 maximum extent possible, such vouchers continue to 

13 be provided upon turnover to qualified persons with 

14 disabilities or to qualified non-elderly disabled fami15 lies, respectively.’’. 

16 SEC. 3. MODERNIZED CAPITAL ADVANCE PROGRAM. 

17 (a) PROJECT RENTAL ASSISTANCE CONTRACTS.— 

18 Section 811 is amended— 

19 (1) in subsection (d)(2)— 

20 (A) by inserting ‘‘(A) INITIAL PROJECT

21 RENTAL ASSISTANCE CONTRACT.—’’ after 

22 ‘‘PROJECT RENTAL ASSISTANCE.—’’; 

23 (B) in the first sentence, by inserting after 

24 ‘‘shall’’ the following: ‘‘comply with subsection 

25 (e)(2) and shall’’; 


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1 (C) by striking ‘‘annual contract amount’’ 

2 each place such term appears and inserting 

3 ‘‘amount provided under the contract for each 

4 year covered by the contract’’; and 

5 (D) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(B) RENEWAL OF AND INCREASES IN CON8 TRACT AMOUNTS.— 

9 ‘‘(i) EXPIRATION OF CONTRACT TERM.— 

10 Upon the expiration of each contract term, sub11 ject to the availability of amounts made avail12 able in appropriation Acts, the Secretary shall 

13 adjust the annual contract amount to provide 

14 for reasonable project costs, and any increases, 

15 including adequate reserves and service coordi16 nators, except that any contract amounts not 

17 used by a project during a contract term shall 

18 not be available for such adjustments upon re19 newal. 

20 ‘‘(ii) EMERGENCY SITUATIONS.—In the 

21 event of emergency situations that are outside 

22 the control of the owner, the Secretary shall in23 crease the annual contract amount, subject to 

24 reasonable review and limitations as the Sec25 retary shall provide.’’. 


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1 (2) in subsection (e)(2)— 

2 (A) in the first sentence, by inserting be3 fore the period at the end the following: ‘‘, ex4 cept that, in the case of the sponsor of a project 

5 assisted with any low-income housing tax credit 

6 pursuant to section 42 of the Internal Revenue 

7 Code of 1986 or with any tax-exempt housing 

8 bonds, the contract shall have an initial term of 

9 not less than 360 months and shall provide 

10 funding for a term of 60 months’’; and 

11 (B) by striking ‘‘extend any expiring con12 tract’’ and insert ‘‘upon expiration of a contract 

13 (or any renewed contract), renew such con14 tract’’. 

15 (b) PROGRAM REQUIREMENTS.—Section 811 is 

16 amended— 

17 (1) in subsection (e)— 

18 (A) by striking the subsection heading and 

19 inserting the following: ‘‘PROGRAM REQUIRE20 MENTS’’; 

21 (B) by striking paragraph (1) and insert22 ing the following new paragraph: 

23 ‘‘(1) USE RESTRICTIONS.— 

24 ‘‘(A) TERM.—Any project for which a cap25 ital advance is provided under subsection (d)(1) 


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1 shall be operated for not less than 40 years as 

2 supportive housing for persons with disabilities, 

3 in accordance with the application for the 

4 project approved by the Secretary and shall, 

5 during such period, be made available for occu6 pancy only by very low-income persons with dis7 abilities. 

8 ‘‘(B) CONVERSION.—If the owner of a 

9 project requests the use of the project for the 

10 direct benefit of very low-income persons with 

11 disabilities and, pursuant to such request the 

12 Secretary determines that a project is no longer 

13 needed for use as supportive housing for per14 sons with disabilities, the Secretary may ap15 prove the request and authorize the owner to 

16 convert the project to such use.’’; and 

17 (C) by adding at the end the following new 

18 paragraphs: 

19 ‘‘(3) LIMITATION ON USE OF FUNDS.—No as20 sistance received under this section (or any State or 

21 local government funds used to supplement such as22 sistance) may be used to replace other State or local 

23 funds previously used, or designated for use, to as24 sist persons with disabilities. 

25 ‘‘(4) MULTIFAMILY PROJECTS.— 


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1 ‘‘(A) LIMITATION.—Except as provided in 

2 subparagraph (B), of the total number of dwell3 ing units in any multifamily housing project 

4 (including any condominium or cooperative 

5 housing project) containing any unit for which 

6 assistance is provided from a capital grant 

7 under subsection (d)(1) made after the date of 

8 the enactment of the Frank Melville Supportive 

9 Housing Investment Act of 2009, the aggregate 

10 number that are used for persons with disabil11 ities, including supportive housing for persons 

12 with disabilities, or to which any occupancy 

13 preference for persons with disabilities applies, 

14 may not exceed 25 percent of such total. 

15 ‘‘(B) EXCEPTION.—Subparagraph (A) 

16 shall not apply in the case of any project that 

17 is a group home or independent living facility.’’; 

18 and 

19 (2) in subsection (l), by striking paragraph (4). 

20 (c) DELEGATED PROCESSING.—Subsection (g) of 

21 section 811 (42 U.S.C. 8013(g)) is amended— 

22 (1) by striking ‘‘SELECTION CRITERIA.—’’ and 

23 inserting ‘‘SELECTION CRITERIA AND PROC24 ESSING.—(1) SELECTION CRITERIA.—’’; 


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1 (2) by redesignating paragraphs (1), (2), (3), 

2 (4), (5), (6), and (7) as subparagraphs (A), (B), 

3 (C), (D), (E), (G), and (H), respectively; 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) DELEGATED PROCESSING.— 

7 ‘‘(A) In issuing a capital advance under sub8 section (d)(1) for any multifamily project (but not 

9 including any project that is a group home or inde10 pendent living facility) for which financing for the 

11 purposes described in the last sentence of subsection 

12 (b) is provided by a combination of the capital ad13 vance and sources other than this section, within 30 

14 days of award of the capital advance, the Secretary 

15 shall delegate review and processing of such projects 

16 to a State or local housing agency that— 

17 ‘‘(i) is in geographic proximity to the prop18 erty; 

19 ‘‘(ii) has demonstrated experience in and 

20 capacity for underwriting multifamily housing 

21 loans that provide housing and supportive serv22 ices; 

23 ‘‘(iii) may or may not be providing low-in24 come housing tax credits in combination with 

25 the capital advance under this section; and 


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1 ‘‘(iv) agrees to issue a firm commitment 

2 within 12 months of delegation. 

3 ‘‘(B) The Secretary shall retain the authority to 

4 process capital advances in cases in which no State 

5 or local housing agency has applied to provide dele6 gated processing pursuant to this paragraph or no 

7 such agency has entered into an agreement with the 

8 Secretary to serve as a delegated processing agency. 

9 ‘‘(C) An agency to which review and processing 

10 is delegated pursuant to subparagraph (A) may as11 sess a reasonable fee which shall be included in the 

12 capital advance amounts and may recommend 

13 project rental assistance amounts in excess of those 

14 initially awarded by the Secretary. The Secretary 

15 shall develop a schedule for reasonable fees under 

16 this subparagraph to be paid to delegated processing 

17 agencies, which shall take into consideration any 

18 other fees to be paid to the agency for other funding 

19 provided to the project by the agency, including 

20 bonds, tax credits, and other gap funding. 

21 ‘‘(D) Under such delegated system, the Sec22 retary shall retain the authority to approve rents 

23 and development costs and to execute a capital ad24 vance within 60 days of receipt of the commitment 

25 from the State or local agency. The Secretary shall 


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1 provide to such agency and the project sponsor, in 

2 writing, the reasons for any reduction in capital ad3 vance amounts or project rental assistance and such 

4 reductions shall be subject to appeal.’’. 

5 (d) LEVERAGING OTHER RESOURCES.—Paragraph 

6 (1) of section 811(g) (as so designated by subsection 

7 (c)(1) of this section) is amended by inserting after sub8 paragraph (E) (as so redesignated by subsection (c)(2) of 

9 this section) the following new subparagraph: 

10 ‘‘(F) the extent to which the per-unit cost 

11 of units to be assisted under this section will be 

12 supplemented with resources from other public 

13 and private sources;’’. 

14 (e) TENANT PROTECTIONS AND ELIGIBILITY FOR

15 OCCUPANCY.—Section 811 is amended by striking sub16 section (i) and inserting the following new subsection: 

17 ‘‘(i) ADMISSION AND OCCUPANCY.— 

18 ‘‘(1) TENANT SELECTION.— 

19 ‘‘(A) PROCEDURES.—An owner shall adopt 

20 written tenant selection procedures that are sat21 isfactory to the Secretary as (i) consistent with 

22 the purpose of improving housing opportunities 

23 for very low-income persons with disabilities; 

24 and (ii) reasonably related to program eligibility 

25 and an applicant’s ability to perform the obligaVerDate Nov 24 2008 06:37 Mar 24, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1675.IH H1675

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1 tions of the lease. Owners shall promptly notify 

2 in writing any rejected applicant of the grounds 

3 for any rejection. 

4 ‘‘(B) REQUIREMENT FOR OCCUPANCY.— 

5 Occupancy in dwelling units provided assistance 

6 under this section shall be available only to per7 sons with disabilities and households that in8 clude at least one person with a disability. 

9 ‘‘(C) AVAILABILITY.—Except only as pro10 vided in subparagraph (D), occupancy in dwell11 ing units in housing provided with assistance 

12 under this section shall be available to all per13 sons with disabilities eligible for such occupancy 

14 without regard to the particular disability in15 volved. 

16 ‘‘(D) LIMITATION ON OCCUPANCY.—Not17 withstanding any other provision of law, the 

18 owner of housing developed under this section 

19 may, with the approval of the Secretary, limit 

20 occupancy within the housing to persons with 

21 disabilities who can benefit from the supportive 

22 services offered in connection with the housing. 

23 ‘‘(2) TENANT PROTECTIONS.— 

24 ‘‘(A) LEASE.—The lease between a tenant 

25 and an owner of housing assisted under this 


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1 section shall be for not less than one year, and 

2 shall contain such terms and conditions as the 

3 Secretary shall determine to be appropriate. 

4 ‘‘(B) TERMINATION OF TENANCY.—An 

5 owner may not terminate the tenancy or refuse 

6 to renew the lease of a tenant of a rental dwell7 ing unit assisted under this section except— 

8 ‘‘(i) for serious or repeated violation 

9 of the terms and conditions of the lease, 

10 for violation of applicable Federal, State, 

11 or local law, or for other good cause; and 

12 ‘‘(ii) by providing the tenant, not less 

13 than 30 days before such termination or 

14 refusal to renew, with written notice speci15 fying the grounds for such action. 

16 ‘‘(C) VOLUNTARY PARTICIPATION IN SERV17 ICES.—A supportive service plan for housing 

18 assisted under this section shall permit each 

19 resident to take responsibility for choosing and 

20 acquiring their own services, to receive any sup21 portive services made available directly or indi22 rectly by the owner of such housing, or to not 

23 receive any supportive services.’’. 

24 (f) DEVELOPMENT COST LIMITATIONS.—Subsection 

25 (h) of section 811 is amended— 


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1 (1) in paragraph (1)— 

2 (A) by striking the paragraph heading and 

3 inserting ‘‘GROUP HOMES’’; 

4 (B) in the first sentence, by striking ‘‘var5 ious types and sizes’’ and inserting ‘‘group 

6 homes’’; 

7 (C) by striking subparagraph (E); and 

8 (D) by redesignating subparagraphs (F) 

9 and (G) as subparagraphs (E) and (F), respec10 tively; 

11 (2) in paragraph (3), by inserting ‘‘established 

12 pursuant to paragraph (1)’’ after ‘‘cost limitation’’; 

13 and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(6) APPLICABILITY OF HOME PROGRAM COST

17 LIMITATIONS.— 

18 ‘‘(A) IN GENERAL.—The provisions of sec19 tion 212(e) of this Act and the cost limits es20 tablished by the Secretary pursuant to such sec21 tion with respect to the amount of funds under 

22 subtitle A of title II of this Act that may be in23 vested on a per unit basis, shall apply to sup24 portive housing assisted with a capital advance 

25 under subsection (d)(1) and the amount of 


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1 funds under such subsection that may be in2 vested on a per unit basis. 

3 ‘‘(B) WAIVERS.—The Secretary shall pro4 vide for waiver of the cost limits applicable pur5 suant to subparagraph (A)— 

6 ‘‘(i) in the cases in which the cost lim7 its established pursuant to section 212(e) 

8 of this Act may be waived; and 

9 ‘‘(ii) to provide for— 

10 ‘‘(I) the cost of special design 

11 features to make the housing acces12 sible to persons with disabilities; 

13 ‘‘(II) the cost of special design 

14 features necessary to make individual 

15 dwelling units meet the special needs 

16 of persons with disabilities; and 

17 ‘‘(III) the cost of providing the 

18 housing in a location that is accessible 

19 to public transportation and commu20 nity organizations that provide sup21 portive services to persons with dis22 abilities.’’. 

23 (g) REPEAL OF AUTHORITY TO WAIVE SIZE LIMITA24 TIONS.—Subsection (k) of section 811 is amended— 


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1 (1) in paragraph (1), by striking the second 

2 sentence; and 

3 (2) in paragraph (4), by striking ‘‘(or such 

4 higher number of persons’’ and all that follows 

5 through ‘‘subsection (h)(6))’’. 

6 (h) MINIMUM ALLOCATION FOR MULTIFAMILY

7 PROJECTS.—Subsection (l) of section 811, as amended by 

8 the preceding provisions of this Act, is further amended 

9 by inserting before paragraph (2) the following new para10 graph: 

11 ‘‘(1) MINIMUM ALLOCATION FOR MULTIFAMILY

12 PROJECTS.—The Secretary shall establish a min13 imum percentage of the amount made available for 

14 each fiscal year for capital advances under sub15 section (d)(1) that shall be used for multifamily 

16 projects subject to subsection (e)(4).’’. 

17 SEC. 4. PROJECT RENTAL ASSISTANCE COMPETITIVE DEM18 ONSTRATION PROGRAM. 

19 Section 811, as amended by the preceding provisions 

20 of this Act, is further amended— 

21 (1) by redesignating subsections (k) through 

22 (n) as subsections (l) through (o), respectively; and 

23 (2) by inserting after subsection (j) the fol24 lowing new subsection: 


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1 ‘‘(k) PROJECT RENTAL ASSISTANCE-ONLY COMPETI2 TIVE DEMONSTRATION PROGRAM.— 

3 ‘‘(1) AUTHORITY.—The Secretary shall carry 

4 out a demonstration program under this subsection 

5 to expand the supply of supportive housing for non6 elderly adults with disabilities, under which the Sec7 retary shall make funds available for project rental 

8 assistance pursuant to paragraph (2) for eligible 

9 projects under paragraph (3). The Secretary shall 

10 provide for State housing finance agencies and other 

11 appropriate entities to apply to the Secretary for 

12 such project rental assistance funds, which shall be 

13 made available by such agencies and entities for 

14 dwelling units in eligible projects based upon criteria 

15 established by the Secretary for the demonstration 

16 program under this subsection. The Secretary may 

17 not require any State housing finance agency or 

18 other entity applying for project rental assistance 

19 funds under the demonstration program to identify 

20 in such application the eligible projects for which 

21 such funds will be used, and shall allow such agen22 cies and applicants to subsequently identify such eli23 gible projects pursuant to the making of commit24 ments described in paragraph (3)(B). 

25 ‘‘(2) PROJECT RENTAL ASSISTANCE.— 


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1 ‘‘(A) CONTRACT TERMS.—Project rental 

2 assistance under the demonstration program 

3 under this subsection shall be provided— 

4 ‘‘(i) in accordance with subsection 

5 (d)(2); and 

6 ‘‘(ii) under a contract having an ini7 tial term of not less than 180 months that 

8 provides funding for a term 60 months, 

9 which funding shall be renewed upon expi10 ration, subject to the availability of suffi11 cient amounts in appropriation Acts. 

12 ‘‘(B) LIMITATION ON UNITS ASSISTED.— 

13 Of the total number of dwelling units in any 

14 multifamily housing project containing any unit 

15 for which project rental assistance under the 

16 demonstration program under this subsection is 

17 provided, the aggregate number that are pro18 vided such project rental assistance, that are 

19 used for supportive housing for persons with 

20 disabilities, or to which any occupancy pref21 erence for persons with disabilities applies, may 

22 not exceed 25 percent of such total. 

23 ‘‘(C) PROHIBITION OF CAPITAL AD24 VANCES.—The Secretary may not provide a 

25 capital advance under subsection (d)(1) for any 


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1 project for which assistance is provided under 

2 the demonstration program. 

3 ‘‘(D) ELIGIBLE POPULATION.—Project 

4 rental assistance under the demonstration pro5 gram under this subsection may be provided 

6 only for dwelling units for extremely low-income 

7 persons with disabilities and extremely low-in8 come households that include at least one per9 son with a disability. 

10 ‘‘(3) ELIGIBLE PROJECTS.—An eligible project 

11 under this paragraph is a new or existing multi12 family housing project for which— 

13 ‘‘(A) the development costs are paid with 

14 resources from other public or private sources; 

15 and 

16 ‘‘(B) a commitment has been made— 

17 ‘‘(i) by the applicable State agency re18 sponsible for allocation of low-income hous19 ing tax credits under section 42 of the In20 ternal Revenue Code of 1986, for an allo21 cation of such credits; 

22 ‘‘(ii) by the applicable participating 

23 jurisdiction that receives assistance under 

24 the HOME Investment Partnership Act, 

25 for assistance from such jurisdiction; or 


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1 ‘‘(iii) by any Federal agency or any 

2 State or local government, for funding for 

3 the project from funds from any other 

4 sources. 

5 ‘‘(4) STATE AGENCY INVOLVEMENT.—Assist6 ance under the demonstration may be provided only 

7 for projects for which the applicable State agency re8 sponsible for health and human services programs, 

9 and the applicable State agency designated to ad10 minister or supervise the administration of the State 

11 plan for medical assistance under title XIX of the 

12 Social Security Act, have entered into such agree13 ments as the Secretary considers appropriate— 

14 ‘‘(A) to identify the target populations to 

15 be served by the project; 

16 ‘‘(B) to set forth methods for outreach and 

17 referral; and 

18 ‘‘(C) to make available appropriate services 

19 for tenants of the project. 

20 ‘‘(5) USE REQUIREMENTS.—In the case of any 

21 project for which project rental assistance is pro22 vided under the demonstration program under this 

23 subsection, the dwelling units assisted pursuant to 

24 paragraph (2) shall be operated for not less than 30 

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1 ities, in accordance with the application for the 

2 project approved by the Secretary, and such dwelling 

3 units shall, during such period, be made available for 

4 occupancy only by persons and households described 

5 in paragraph (2)(D). 

6 ‘‘(6) REPORT.—Upon the expiration of the 5- 

7 year period beginning on the date of the enactment 

8 of the Frank Melville Supportive Housing Invest9 ment Act of 2009, the Secretary shall submit to the 

10 Congress a report describing the demonstration pro11 gram under this subsection, analyzing the effective12 ness of the program, including the effectiveness of 

13 the program compared to the program for capital 

14 advances in accordance with subsection (d)(1) (as in 

15 effect pursuant to the amendments made by such 

16 Act), and making recommendations regarding future 

17 models for assistance under this section based upon 

18 the experiences under the program.’’. 

19 SEC. 5. TECHNICAL CORRECTIONS. 

20 Section 811 is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1), by striking ‘‘and’’ at 

23 the end; 

24 (B) in paragraph (2)— 


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1 (i) by striking ‘‘provides’’ and insert2 ing ‘‘makes available’’; and 

3 (ii) by striking the period at the end 

4 and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(3) promotes and facilitates community inte8 gration for people with significant and long-term dis9 abilities.’’; 

10 (2) in subsection (c)— 

11 (A) in paragraph (1), by striking ‘‘special’’ 

12 and inserting ‘‘housing and community-based 

13 services’’; and 

14 (B) in paragraph (2)— 

15 (i) by striking subparagraph (A) and 

16 inserting the following: 

17 ‘‘(A) make available voluntary supportive 

18 services that address the individual needs of 

19 persons with disabilities occupying such hous20 ing;’’; and 

21 (ii) in subparagraph (B), by striking 

22 the comma and inserting a semicolon; 

23 (3) in subsection (d)(1), by striking ‘‘provided 

24 under’’ and all that follows through ‘‘shall bear’’ and 


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1 inserting ‘‘provided pursuant to subsection (b)(1) 

2 shall bear’’; 

3 (4) in subsection (f)— 

4 (A) in paragraph (3)— 

5 (i) in subparagraph (B), by striking 

6 ‘‘receive’’ and inserting ‘‘be offered’’; 

7 (ii) by striking subparagraph (C) and 

8 inserting the following: 

9 ‘‘(C) evidence of the applicant’s experience 

10 in— 

11 ‘‘(i) providing such supportive serv12 ices; or 

13 ‘‘(ii) creating and managing struc14 tured partnerships with service providers 

15 for the delivery of appropriate community16 based services;’’; 

17 (iii) in subparagraph (D), by striking 

18 ‘‘such persons’’ and all that follows 

19 through ‘‘provision of such services’’ and 

20 inserting ‘‘tenants’’; and 

21 (iv) in subparagraph (E), by inserting 

22 ‘‘other Federal, and’’ before ‘‘State’’; and 

23 (B) in paragraph (4), by striking ‘‘special’’ 

24 and inserting ‘‘housing and community-based 

25 services’’; 


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1 (5) in subsection (g), in paragraph (1) (as so 

2 redesignated by section 3(c)(1) of this Act)— 

3 (A) in subparagraph (D) (as so redesig4 nated by section 3(c)(2) of this Act), by strik5 ing ‘‘the necessary supportive services will be 

6 provided’’ and inserting ‘‘appropriate supportive 

7 services will be made available’’; and 

8 (B) by striking subparagraph (E) (as so 

9 redesignated by section 3(c)(2) of this Act) and 

10 inserting the following: 

11 ‘‘(E) the extent to which the location and de12 sign of the proposed project will facilitate the provi13 sion of community-based supportive services and ad14 dress other basic needs of persons with disabilities, 

15 including access to appropriate and accessible trans16 portation, access to community services agencies, 

17 public facilities, and shopping;’’; 

18 (6) in subsection (j)— 

19 (A) by striking paragraph (4); and 

20 (B) by redesignating paragraphs (5), (6), 

21 and (7) as paragraphs (4), (5), and (6), respec22 tively; 

23 (7) in subsection (l) (as so redesignated by sec24 tion 4(1) of this Act)— 


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1 (A) in paragraph (1), by inserting before 

2 the period at the end of the first sentence the 

3 following: ‘‘, which provides a separate bedroom 

4 for each tenant of the residence’’; 

5 (B) by striking paragraph (2) and insert6 ing the following: 

7 ‘‘(2)(A) The term ‘person with disabilities’ 

8 means a person who is 18 years of age or older and 

9 less than 62 years of age, who— 

10 ‘‘(i) has a disability as defined in section 

11 223 of the Social Security Act; 

12 ‘‘(ii) is determined, pursuant to regulations 

13 issued by the Secretary, to have a physical, 

14 mental, or emotional impairment which— 

15 ‘‘(I) is expected to be of long-contin16 ued and indefinite duration; 

17 ‘‘(II) substantially impedes his or her 

18 ability to live independently; and 

19 ‘‘(III) is of such a nature that such 

20 ability could be improved by more suitable 

21 housing conditions; or 

22 ‘‘(iii) has a developmental disability as de23 fined in section 102 of the Developmental Dis24 abilities Assistance and Bill of Rights Act of 

25 2000. 


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1 ‘‘(B) Such term shall not exclude persons who 

2 have the disease of acquired immunodeficiency syn3 drome or any conditions arising from the etiologic 

4 agent for acquired immunodeficiency syndrome. Not5 withstanding any other provision of law, no indi6 vidual shall be considered a person with disabilities, 

7 for purposes of eligibility for low-income housing 

8 under this title, solely on the basis of any drug or 

9 alcohol dependence. The Secretary shall consult with 

10 other appropriate Federal agencies to implement the 

11 preceding sentence. 

12 ‘‘(C) The Secretary shall prescribe such regula13 tions as may be necessary to prevent abuses in de14 termining, under the definitions contained in this 

15 paragraph, the eligibility of families and persons for 

16 admission to and occupancy of housing assisted 

17 under this section. Notwithstanding the preceding 

18 provisions of this paragraph, the term ‘person with 

19 disabilities’ includes two or more persons with dis20 abilities living together, one or more such persons 

21 living with another person who is determined (under 

22 regulations prescribed by the Secretary) to be impor23 tant to their care or well-being, and the surviving 

24 member or members of any household described in 

25 subparagraph (A) who were living, in a unit assisted 


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1 under this section, with the deceased member of the 

2 household at the time of his or her death.’’; 

3 (C) by striking paragraph (3) and insert4 ing the following new paragraph: 

5 ‘‘(3) The term ‘supportive housing for persons 

6 with disabilities’ means dwelling units that— 

7 ‘‘(A) are designed to meet the permanent 

8 housing needs of very low-income persons with 

9 disabilities; and 

10 ‘‘(B) are located in housing that make 

11 available supportive services that address the 

12 individual health, mental health, or other needs 

13 of such persons.’’; 

14 (D) in paragraph (5), by striking ‘‘a 

15 project for’’; and 

16 (E) in paragraph (6)— 

17 (i) by inserting after and below sub18 paragraph (D) the matter to be inserted by 

19 the amendment made by section 841 of the 

20 American Homeownership and Economic 

21 Opportunity Act of 2000 (Public Law 

22 106–569; 114 Stat. 3022); and 

23 (ii) in the matter inserted by the 

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1 paragraph, by striking ‘‘wholly owned 

2 and’’; and 

3 (8) in subsection (m) (as so redesignated by 

4 section 4(1) of this Act)— 

5 (A) in paragraph (2), by striking ‘‘sub6 section (c)(1)’’ and inserting ‘‘subsection 

7 (d)(1)’’; and 

8 (B) in paragraph (3), by striking ‘‘sub9 section (c)(2)’’ and inserting ‘‘subsection 

10 (d)(2)’’. 

11 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

12 Subsection (n) of section 811 (as so redesignated by 

13 section 4(1) of this Act) is amended to read as follows: 

14 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated for each of fiscal years 

16 2010 through 2014 the following amounts: 

17 ‘‘(1) CAPITAL ADVANCE/PRAC PROGRAM.—For 

18 providing assistance pursuant to subsection (b), such 

19 sums as may be necessary. 

20 ‘‘(2) DEMONSTRATION PROGRAM.—For car21 rying out the demonstration program under sub22 section (k), such sums as may be necessary to pro23 vide 2,500 incremental dwelling units under such 

24 program in each of fiscal years 2010 and 2011 and 

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1 gram in each of fiscal years 2012, 2013, and 

2 2014.’’. 

3 SEC. 7. NEW REGULATIONS AND PROGRAM GUIDANCE. 

4 Not later than the expiration of the 180-day period 

5 beginning on the date of the enactment of this Act, the 

6 Secretary of Housing and Urban Development shall issue 

7 new regulations and guidance for the program under sec8 tion 811 of the Cranston-Gonzalez National Affordable 

9 Housing Act (42 U.S.C. 8013) for supportive housing for 

10 persons with disabilities to carry out such program in ac11 cordance with the amendments made by this Act. 

12 SEC. 8. GAO STUDY. 

13 The Comptroller General of the United States shall 

14 conduct a study of the supportive housing for persons with 

15 disabilities program under section 811 of the Cranston16 Gonzalez National Affordable Housing Act (42 U.S.C. 

17 8013) to determine the adequacy and effectiveness of such 

18 program in assisting households of persons with disabil19 ities. Such study shall determine— 

20 (1) the total number of households assisted 

21 under such program; 

22 (2) the extent to which households assisted 

23 under other programs of the Department of Housing 

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1 ance or rental housing would be eligible to receive 

2 assistance under such section 811 program; and 

3 (3) the extent to which households described in 

4 paragraph (2) who are eligible for, but not receiving, 

5 assistance under such section 811 program are re6 ceiving supportive services from, or assisted by, the 

7 Department of Housing and Urban Development 

8 other than through the section 811 program (includ9 ing under the Resident Opportunity and Self-Suffi10 ciency program) or from other sources. 

11 Upon the completion of the study required under this sec12 tion, the Comptroller General shall submit a report to the 

13 Congress setting forth the findings and conclusions of the 

14 study. 

Æ 


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