Text: H.R.4435 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 4435 IH
102d CONGRESS
2d Session
 H. R. 4435
To better provide for federally assisted housing for elderly and disabled
families that meets the special needs of such persons, to clarify the
essential requirements for residency in such housing, and to provide within
such housing for the coordination of health-related and social services
needs of such persons, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 11, 1992
Mr. KLECZKA (for himself, Mr. FRANK of Massachusetts, Mr. GONZALEZ,
Mrs. ROUKEMA, Mr. ATKINS, Mr. RANGEL, Mr. BLAZ, Mr. CARPER, Mr. OBERSTAR,
and Mr. VENTO) introduced the following bill; which was referred to the
Committee on Banking, Finance and Urban Affairs
A BILL
To better provide for federally assisted housing for elderly and disabled
families that meets the special needs of such persons, to clarify the
essential requirements for residency in such housing, and to provide within
such housing for the coordination of health-related and social services
needs of such persons, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Improvement of Housing for the Elderly and
  Disabled Act'.
SEC. 2. REGULATIONS.
  The Secretary of Housing and Urban Development shall issue any regulations
  necessary to carry out the provisions of this Act and the amendments made by
  this Act. In issuing such regulations, the Secretary shall provide notice
  and opportunity for public comment as provided in section 553 of title 5,
  United States Code.
TITLE I--AUTHORITY TO PROVIDE HOUSING UNDER UNITED STATES HOUSING ACT OF
1937 FOR OLDER PERSONS AND PERSONS WITH DISABILITIES
SEC. 101. CLARIFICATION OF AUTHORITY.
  Section 7 of the United States Housing Act of 1937 (42 U.S.C. 1437e)
  is amended to read as follows:
`DESIGNATED HOUSING
  `SEC. 7. (a) AUTHORITY TO PROVIDE DESIGNATED HOUSING-
  `(1) IN GENERAL- Subject only to paragraph (2), a public housing agency may
  provide public housing projects designed or designated for occupancy by (A)
  only elderly families, (B) only families whose heads (or their spouses), or
  whose sole members, are at least 62 years of age, (C) only families whose
  heads (or their spouses), or whose sole members, have a disability or are
  handicapped, (D) only families whose heads (or their spouses), or whose
  sole members, or have a developmental disability referred to in clause (A)
  of the first sentence of section 3(b)(3), (E) only families with children,
  or (F) any combination of such types of families with each other or any
  other eligible low-income families, as the public housing agency determines
  necessary to provide for the housing needs of the community served by the
  public housing agency and to best provide for the particular characteristics
  and needs of the occupants of the project.
  `(2) PRIORITY FOR OCCUPANCY- In determining priority for admission to
  public housing projects that are designed or designated for occupancy as
  provided in subsection (a)(1), the public housing agency may make units
  in such projects available only to the types of families for whom the
  project is designated. If a public housing agency providing such a project
  determines (in accordance with regulations of the Secretary) that there
  are insufficient numbers of such types of families to fill all the units
  in the project, the agency shall make units in such projects available
  to other types of families, as the agency determines appropriate to best
  provide for housing needs of the community served by the public housing
  agency and to best provide for the particular characteristics and needs
  of the occupants of the project.
  `(3) LACK OF VACANCY IN UNDESIGNATED PUBLIC HOUSING- To the extent necessary
  to provide a dwelling unit in public housing or assistance under this Act
  to a low-income family otherwise eligible for occupancy in a public housing
  dwelling unit (as required under subsection (b)), a public housing agency
  shall make available to such family any unoccupied unit in any project
  designated for occupancy as provided under this subsection, notwithstanding
  the designation of the project and priority for occupancy of the project
  as provided under this subsection.
  `(b) AVAILABILITY OF HOUSING-
  `(1) REQUIREMENT TO OBSERVE WAITING LISTS- Except as necessary to comply with
  any preference under section 6(c)(4)(A), subsection (a) of this section
  may not be construed to authorize a public housing agency to make any
  dwelling unit in public housing or assistance under this title available
  to any family described in subsection (a)(1) before making available an
  appropriate dwelling unit or such assistance for any other low-income
  family eligible for residence in public housing whose application for
  housing or assistance was submitted to the public housing agency before
  such family described in subsection (a)(1).
  `(2) TENANT CHOICE- The decision of any family not to occupy or accept an
  appropriate dwelling unit or assistance made available to the family in
  accordance with the requirements of this section shall not adversely affect
  such family with respect to a public housing agency making available other
  appropriate units in public housing or assistance under this Act.
  `(3) DISCRIMINATORY SELECTION- Paragraph (2) shall not apply to any
  family who decides not to occupy or accept an appropriate dwelling unit
  in public housing or assistance under this Act because of the race, color,
  or national origin of occupants of housing or the surrounding area.
  `(4) APPROPRIATENESS OF DWELLING UNITS- This section may not be construed
  to require a public housing agency to offer occupancy in any dwelling unit
  assisted under this Act to any family who is not of appropriate family
  size for the dwelling unit.
  `(c) ACCOMMODATION OF HOUSING AND SERVICE NEEDS- In designing, developing,
  otherwise acquiring and operating, designating, and providing housing and
  assistance under this title, each public housing agency shall endeavor
  to meet the housing and service needs of eligible families applying for
  assistance under this title. To meet such needs, public housing agencies
  may, wherever practicable--
  `(1) provide housing in which supportive services are provided, facilitated,
  or coordinated, mixed housing, shared housing, family housing, group homes,
  congregate housing under subsection (d), and other housing as the public
  housing agency considers appropriate;
  `(2) carry out major reconstruction of obsolete public housing projects
  and reconfiguration of public housing dwelling units; and
  `(3) provide assistance under section 8.
  `(d) CONGREGATE HOUSING-
  `(1) DEFINITION- For purposes of this section, the term `congregate housing'
  means low-rent housing with which there is connected a central dining
  facility where wholesome and economical meals can be served to occupants.
  `(2) OPERATING COSTS- Expenditures incurred by a public housing agency in
  the operation of a central dining facility in connection with congregate
  housing (other than the cost of providing food and service) shall be
  considered a cost of operation of the project.'.
SEC. 102. PROHIBITION OF EVICTIONS.
  Any tenant lawfully residing in a dwelling unit in a public housing project
  assisted under the United States Housing Act of 1937 may not be evicted or
  otherwise required to vacate such unit because of the amendments made by
  this title or because of any action taken by the Secretary of Housing and
  Urban Development or any public housing agency pursuant to the amendments
  made by this title.
SEC. 103. CONFORMING AMENDMENTS.
  (a) UNITED STATES HOUSING ACT OF 1937- The United States Housing Act of 1937
  (42 U.S.C. 1437 et seq.) is amended--
  (1) in section 3(b)(3), by striking the 8th and 9th sentences; and
  (2) in section 6(c)(4)(A), in the matter preceding clause (i)--
  (A) by striking `except' and all that follows through `such families,'; and
  (B) by inserting after `criteria' the following: `applicable to all families
  applying and eligible for residence in projects of the agency'.
  (b) HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974- Section 209 of the
  Housing and Community Development Act of 1974 (42 U.S.C. 1438) is amended--
  (1) in the first sentence, by inserting `(including projects designed
  or designated for occupancy as provided in section 7(a)(1) of such Act)'
  after `1937'; and
  (2) in the second sentence, by striking `such `related facilities' (as
  defined in section 202(d)(8) of the Housing Act of 1959)' and inserting
  `any special design features'.
TITLE II--STANDARDS AND OBLIGATIONS OF RESIDENCY AND COORDINATION OF SERVICES
IN FEDERALLY ASSISTED HOUSING
SEC. 201. COMPLIANCE BY OWNERS AS CONDITION OF FEDERAL ASSISTANCE.
  The Secretary shall require owners of federally assisted housing, as a
  condition of receiving the housing assistance for such housing, to comply
  with the procedures and requirements established under this title.
SEC. 202. CRITERIA FOR OCCUPANCY.
  (a) REQUIREMENT FOR TENANCY- In selecting tenants for occupancy of units
  in federally assisted housing, an owner of such housing shall select only
  applicants who comply with the criteria for occupancy in federally assisted
  housing, which shall be established by regulation by the Secretary. If an
  owner determines that an applicant for occupancy in the housing does not
  meet such criteria, the owner may deny such applicant occupancy.
  (b) STANDARDS- The criteria shall be sufficient to ensure that such housing
  is decent, safe, and sanitary, and the right to peaceful enjoyment of
  the housing and the health, safety, and welfare of other tenants, is not
  impaired and shall set forth standards for the reasonable performance and
  behavior of tenants.
  (c) ESSENTIAL TERMS OF TENANCY- The criteria shall provide that an owner
  may deny an applicant occupancy in federally assisted housing in any of
  the following instances:
  (1) DIRECT THREAT TO HEALTH OR SAFETY- The owner determines that the
  activities, habits, or practices of the applicant demonstrate that the
  occupancy of the applicant presents a direct threat to the health or
  safety of others. In making such determination, the owner shall consider
  the following information:
  (A) Any history of the applicant family of causing disturbance to neighbors
  or destruction of property.
  (B) Any living or housekeeping habits of the applicant family, to the extent
  that the habits would adversely affect the health, safety, or welfare of
  other residents.
  (C) Any history of involvement of any member of the applicant family
  in criminal activity that would adversely affect the health, safety, or
  welfare of other residents, including crimes involving physical violence
  to other persons or property and drug-related criminal activity.
  (D) Any prior evictions of the applicant family from housing or terminations
  from residential programs, taking into account the date and circumstances.
  (2) FAILURE TO MEET FINANCIAL OBLIGATIONS- The owner determines that the
  applicant family has failed in the past to meet financial obligations,
  which may include failure to make timely rental payments, indicating that
  the tenancy of the family in the housing presents a significant financial
  risk to the owner. For purposes of this paragraph, lack of a history of
  credit or financial obligations may not be considered a failure to meet
  financial obligations.
  (3) INTENTIONAL MISREPRESENTATION- The owner determines that the applicant
  family has intentionally made a misrepresentation relating to the application
  for housing regarding income, allowances, family composition, rent, the
  eligibility of the family for any preference for occupancy in the housing,
  or other information provided pursuant to paragraph (1) or (2).
  (d) APPLICABILITY TO TENANT-BASED SECTION 8 PROGRAM- Each public housing
  agency that provides assistance under section 8 of the United States
  Housing Act of 1937 that is not attached to a structure shall agree,
  as a condition of receiving amounts under annual contributions contracts
  for such assistance, to provide such assistance only to applicant families
  for such assistance who comply with the criteria for occupancy established
  under this section. The public housing agency shall determine compliance
  of the family under this subsection.
SEC. 203. LEASES AND TERMINATION OF TENANCY.
  The Secretary shall require owners of federally assisted housing to utilize
  leases that--
  (1) clearly state the criteria for occupancy and standards for performance
  and behavior of tenants established under section 202; and
  (2) clearly state that any violation of the standards for performance and
  behavior of tenants shall be sufficient cause for termination of tenancy.
SEC. 204. SERVICE COORDINATORS FOR HOUSING WITH OLDER OR DISABLED RESIDENTS.
  (a) REQUIREMENT TO PROVIDE SERVICE COORDINATORS-
  (1) IN GENERAL- To the extent that amounts are made available to carry
  out this subsection pursuant to the amendments made by subsection (b),
  the Secretary shall require owners of federally assisted housing projects
  receiving such amounts to provide for management staff members of such
  projects to coordinate the provision of supportive services for older and
  disabled families residing in the projects.
  (2) RESPONSIBILITIES- Each management staff member of a federally assisted
  housing project provided pursuant to this subsection--
  (A) shall consult with the owner of the housing, tenants, any tenant
  organizations, any resident management organizations, service providers,
  and any other appropriate persons, to identify the particular needs
  and characteristics of older families and disabled families who reside
  in the project and any supportive services related to such needs and
  characteristics;
  (B) shall manage and coordinate the provision of such services for residents
  of the project;
  (C) may provide training to tenants of the project in the obligations of
  tenancy or coordinate such training; and
  (D) may carry out other appropriate activities for residents of the project.
  (3) INCLUDED SERVICES- Supportive services referred to under paragraph
  (2)(A) may include health-related services, mental health services,
  services for nonmedical counseling, meals, transportation, personal care,
  bathing, toileting, housekeeping, chore assistance, safety, group and
  socialization activities, assistance with medications (in accordance with
  any applicable State laws), case management, personal emergency response,
  and other appropriate services. The services may be provided through any
  agency of the Federal Government or any other public or private department,
  agency, or organization.
  (4) EXCLUSIONS FROM DEFINITION OF FEDERALLY ASSISTED HOUSING- Notwithstanding
  section 207(2), for purposes of this subsection, the term `federally
  assisted housing' does not include housing described in subparagraphs (C)
  and (D) of such section.
  (b) COSTS OF PROVIDING SERVICE COORDINATORS-
  (1) PUBLIC HOUSING PROJECTS- Section 9(a)(1)(B) of the United States
  Housing Act of 1937 (42 U.S.C. 1437g(a)(1)(B)) is amended--
  (A) in the first sentence, by redesignating clauses (i) and (ii) as
  subclauses (I) and (II), respectively;
  (B) in the second sentence--
  (i) by striking `subparagraph' and inserting `clause';
  (ii) by inserting `or section 802 of the Cranston-Gonzalez National
  Affordable Housing Act' after `Congregate Housing Services Act of 1978'; and
  (iii) by inserting a period after `section 811 of the Cranston-Gonzalez
  National Affordable Housing Act';
  (C) by inserting `(i)' after the subparagraph designation; and
  (D) by adding at the end the following new clause:
  `(ii) Annual contributions under this section to any public housing
  agency for any project may be used, with respect to such project, for
  (I) the cost of a management staff member of the project under section
  204(a) of the Improvement of Housing for the Elderly and Disabled Act to
  coordinate the provision of any supportive services within the project
  for residents of the project who are older families and disabled families
  (as such terms are defined in section 207 of such Act), and (II) expenses
  for the provision of such services for such residents of the project. Not
  more than 15 percent of the cost of the provision of such services may
  be provided under this section. Services may not be provided under this
  clause for any person receiving assistance under the Congregate Housing
  Services Act of 1978 or section 802 of the Cranston-Gonzalez National
  Affordable Housing Act. The budget authority available under section
  5(c) for assistance under this section is authorized to be increased by
  $30,000,000 on or after October 1, 1992. Amounts made available under this
  clause shall be used to provide additional annual contributions to public
  housing agencies only for the purpose of providing management staff members
  and services under this clause for public housing projects.'.
  (2) PROJECT-BASED SECTION 8 HOUSING- Section 8(d)(2) of the United States
  Housing Act of 1937 (42 U.S.C. 1437f(d)(2)) is amended by adding at the
  end the following new subparagraph:
  `(F)(i) In determining the amount of assistance provided under a contract
  for assistance payments that is attached to a structure, the Secretary may
  consider and annually adjust, with respect to such project, for the cost
  of a management staff member of the project under section 204(a) of the
  Improvement of Housing for the Elderly and Disabled Act to coordinate the
  provision of any services within the project for residents of the project
  who are older families and disabled families (as such terms are defined
  in section 207 of such Act).
  `(ii) The budget authority available under section 5(c) for assistance under
  this section is authorized to be increased by $5,000,000 on or after October
  1, 1992. Amounts made available under this clause shall be used to provide
  additional amounts under annual contributions contracts for assistance
  under this section which shall be made available through contracts for
  assistance payments only for the purpose of providing management staff
  members under clause (i) for projects receiving assistance that is attached
  to the structure.'.
  (3) TENANT-BASED SECTION 8 HOUSING- Section 8(q) of the United States
  Housing Act of 1937 (42 U.S.C. 1437f(q)) is amended--
  (A) by redesignating paragraph (3) as paragraph (4); and
  (B) by inserting after paragraph (3) the following new paragraph:
  `(3)(A) Fees under this subsection may be used for the costs of management
  staff members of public housing agencies to coordinate the provision of
  supportive services for older families and disabled families (as such
  terms are defined in section 207 of the Improvement of Housing for the
  Elderly and Disabled Act) on whose behalf assistance not attached to a
  structure is provided under this section. Such staff members shall have
  the same responsibilities with respect to such families as staff members
  of federally assisted housing projects have under section 204(a) of such
  Act with respect to residents of such projects.
  `(B) To the extent amounts are provided in appropriation Acts under
  subparagraph (C), the Secretary shall increase fees under this subsection
  to provide for the costs of such management staff members of public
  housing agencies.
  `(C) The budget authority available under section 5(c) for assistance
  under this section is authorized to be increased by $15,000,000 on or after
  October 1, 1992. Amounts made available under this subparagraph shall be
  used to provide additional amounts under annual contributions contracts
  for increased fees under this subsection, which shall be used only for the
  purpose of providing management staff members of public housing agencies
  described in subparagraph (A).'.
  (4) MULTIFAMILY HOUSING ASSISTED UNDER NATIONAL HOUSING ACT-
  (A) AUTHORITY- The Secretary may make grants under this paragraph to owners
  of federally assisted housing projects described in subparagraphs (E) and
  (F) of section 207(2). Any grant amounts shall be used for the costs of
  providing a management staff member of the project under section 204(a)
  of this Act to coordinate the provision of any services within the project
  for residents of the project who are older families and disabled families
  (as such terms are defined in section 207 of this Act).
  (B) APPLICATION AND SELECTION- The Secretary shall provide for the form and
  manner of applications for grants under this paragraph and for selection
  of applicants to receive such grants.
  (C) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for fiscal year 1993 such sums as may be necessary for grants under this
  paragraph.
  (c) EXPANDED RESPONSIBILITIES OF SERVICE COORDINATORS IN SECTION 202 Housing-
  (1) SUPPORTIVE HOUSING FOR THE ELDERLY- Section 202(g) of the Housing Act of
  1959 (12 U.S.C. 1701q(g)), as amended by section 801 of the Cranston-Gonzalez
  National Affordable Housing Act, is amended--
  (A) in paragraph (2), by striking the last sentence; and
  (B) by adding at the end the following new paragraph:
  `(3) SERVICE COORDINATORS- Any cost associated with the employment of
  a service coordinator in housing assisted under this section shall be
  considered an eligible cost under subsection (c)(2). If a project is
  receiving congregate housing services assistance under section 802 of the
  Cranston-Gonzalez National Affordable Housing Act, the amount of costs
  provided under subsection (c)(2) for employment of the project service
  coordinator may not exceed the additional amount necessary to cover the costs
  of providing for the coordination of services for residents of the project
  who are not eligible residents under such section 802. To the extent that
  amounts are available pursuant to subsection (c)(2) for the costs of carrying
  out this paragraph within a project, an owner of housing assisted under this
  section shall provide a service coordinator for the housing to coordinate
  the provision of services under this subsection within the housing.'.
  (2) OLD SECTION 202 PROJECTS-
  (A) AVAILABILITY OF SECTION 8 ASSISTANCE- Subject to the availability of
  appropriations for contract amendments for the purpose of this subparagraph,
  in determining the amount of assistance under section 8 of the United States
  Housing Act of 1937 to be provided for a project assisted under section
  202 of the Housing Act of 1959, as in effect before the effectiveness
  of the amendments made by section 801 of the Cranston-Gonzalez National
  Affordable Housing Act, the Secretary shall consider (and annually adjust
  for) the costs of--
  (i) a management staff member of the project under subsection (a) of this
  section to coordinate the provision of any services within the project for
  residents of the project who are older families and disabled families; and
  (ii) expenses for the provision of such services.
Not more than 15 percent of the cost of the provision of services under clause
(ii) may be considered under this subparagraph for purposes of determining
the amount of assistance provided.
  (B) LIMITATION- If a project is receiving congregate housing services
  assistance under the Congregate Housing Services Act of 1978 or section
  802 of the Cranston-Gonzalez National Affordable Housing Act, the amount
  of costs provided pursuant to subparagraph (A) for the project may not
  exceed the additional amount necessary to cover the costs of providing
  for the coordination of services for residents of the project who are not
  eligible residents under such section 802 or eligible project residents
  under the Congregate Housing Services Act of 1978, as applicable.
SEC. 205. ASSISTANCE IN LOCATING HOUSING FOR OLDER AND DISABLED SECTION
8 RECIPIENTS.
  Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
  is amended by inserting after subsection (k) the following new subsection:
  `(l) ASSISTANCE IN LOCATING HOUSING FOR ELDERLY FAMILIES- Each public
  housing agency providing assistance under subsection (b) or (o) for any
  elderly family (as such term is defined in section 3(b)(3)) shall assist
  such family in locating and acquiring an appropriate dwelling unit, which
  shall include providing the family with a list of such available units in
  the area of jurisdiction of the public housing agency.'.
SEC. 206. CONFORMING AMENDMENTS.
  (a) PUBLIC HOUSING- Section 6 of the United States Housing Act of 1937
  (42 U.S.C. 1437d) is amended--
  (1) in subsection (c)(4)--
  (A) by striking `and' at the end of subparagraph (D);
  (B) by striking the period at the end of subparagraph (E) and inserting
  `; and'; and
  (C) by adding at the end the following new subparagraph:
  `(F) requiring the public housing agency to ensure and maintain compliance
  with the provisions of title II of the Improvement of Housing for the
  Elderly and Disabled Act.'; and
  (2) in subsection (l)--
  (A) by striking `and' at the end of paragraph (5);
  (B) by striking the period at the end of paragraph (6) and inserting `;
  and'; and
  (C) by inserting after paragraph (6) the following new paragraph:
  `(7) comply with the requirements under section 203(a) of the Improvement
  of Housing for the Elderly and Disabled Act.'.
  (b) PROJECT-BASED SECTION 8 HOUSING- Section 8(d)(1) of the United States
  Housing Act of 1937 (42 U.S.C. 1437f(d)(1)) is amended--
  (1) in subparagraph (B)(i), by inserting before the semicolon at the end
  the following: `, which, in the case of a lease for a unit in a structure
  assisted under a contract attached to the structure, shall comply with
  the requirements under section 203(a) of the Improvement of Housing for
  the Elderly and Disabled Act'; and
  (2) in subparagraph (C), by striking `and' at the end;
  (3) by redesignating subparagraph (D) as subparagraph (E); and
  (4) by inserting after subparagraph (C) the following new subparagraph:
  `(D) in the case of a contract attached to a structure, the owner shall
  ensure and maintain compliance with the provisions of title II of the
  Improvement of Housing for the Elderly and Disabled Act; and'.
  (c) SUPPORTIVE HOUSING FOR THE ELDERLY- Section 202 of the Housing Act of
  1959 (12 U.S.C. 1701q), as amended by section 801 of the Cranston-Gonzalez
  National Affordable Housing Act, is amended--
  (1) in subsection (i)(1), by inserting after the first sentence the following
  new sentence: `Such tenant selection procedures shall comply with section
  202 of the Improvement of Housing for the Elderly and Disabled Act.'; and
  (2) in subsection (j), by adding at the end the following new paragraph:
  `(6) COMPLIANCE WITH IMPROVEMENT OF HOUSING FOR THE ELDERLY AND DISABLED
  ACT- Each owner shall operate housing assisted under this section in
  compliance with title II of the Improvement of Housing for the Elderly
  and Disabled Act.'.
SEC. 207. DEFINITIONS.
  For purposes of this title:
  (1) DISABLED FAMILY- The term `disabled family' means any family that has
  a member (A) who has a disability as defined in section 223 of the Social
  Security Act or a developmental disability as defined in section 102(7)
  of the Developmental Disabilities Assistance and Bill of Rights Act, or
  (B) who is determined (pursuant to regulations issued by the Secretary)
  to have a physical, mental, or emotional impairment that is expected to
  be of long-continued and indefinite duration, substantially impedes such
  person's ability to live independently, and is of such a nature that such
  ability could be improved by more suitable housing conditions.
  (2) FEDERALLY ASSISTED HOUSING- The terms `federally assisted housing'
  and `project' mean--
  (A) a public housing project (as such term is defined in section 3(b)
  of the United States Housing Act of 1937);
  (B) housing for which assistance that is attached to the structure is
  provided under section 8 of the United States Housing Act of 1937;
  (C) housing that is assisted under section 202 of the Housing Act of 1959
  (as amended by section 801 of the Cranston-Gonzalez National Affordable
  Housing Act);
  (D) housing that is assisted under section 202 of the Housing Act of 1959,
  as such section existed before the enactment of the Cranston-Gonzalez
  National Affordable Housing Act;
  (E) housing financed by a loan or mortgage insured under section 221(d)(3)
  of the National Housing Act that bears interest at a rate determined under
  the proviso of section 221(d)(5) of such Act; and
  (F) housing insured, assisted, or held by the Secretary or a State or
  State agency under section 236 of the National Housing Act.
  (3) HOUSING ASSISTANCE- The term `housing assistance' means, with respect
  to federally assisted housing, the grant, contribution, capital advance,
  loan, mortgage insurance, or other assistance provided for the housing
  under the provisions of law referred to in paragraph (2). The term also
  includes any related assistance provided for the housing by the Secretary,
  including any rental assistance for low-income occupants.
  (4) OLDER FAMILY- The term `older family' means a family, the head of
  which (or whose spouse) is an older individual. The term includes older
  individuals living alone, 2 or more older individuals living together,
  and 1 or more older individuals living with 1 or more persons determined
  under regulations, which shall be issued by the Secretary, to be essential
  to the care or well-being of the older individuals.
  (5) OLDER INDIVIDUAL- The term `older individual' means an individual who
  is 62 years of age or older.
  (6) OWNER- The term `owner' means, with respect to federally assisted
  housing, the entity or private person, including a cooperative or public
  housing agency, that has the legal right to lease or sublease dwelling
  units in such housing.
  (7) SECRETARY- The term `Secretary' means the Secretary of Housing and
  Urban Development.

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