Federal · Title 42 — Public Health and Welfare
42 U.S.C. § 11408a: Use of FMHA inventory for transitional housing for homeless persons and for turnkey housing
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to provide transitional housing; and to provide turnkey housing for tenants of such transitional housing and for eligible families. the disposition of such property by sale to eligible families; or the disposition of such property by transfer for use as rental housing by eligible families. The Secretary shall lease inventory properties to public agencies and nonprofit organizations to provide transitional housing for homeless families and individuals and to provide such agencies the option to provide turnkey housing opportunities for homeless persons and other inadequately housed families. A public agency or nonprofit organization may rent housing leased to it under paragraph (1) to a family for up to 10 years and may, during that period, assist the tenant in obtaining a loan and credit assistance under title V of the Housing Act of 1949 [ 42 U.S.C. 1471 et seq.] to purchase the housing from the Secretary. withdraw the property from the market for not more than 30 days for the purpose of negotiations under subparagraph (B); negotiate a lease agreement with the organization or agency; and if a lease is agreed to, commence the repairs necessary to make the property meet standards for decent, safe, and sanitary housing. be for a period of not more than 10 years; provide for the payment of $1 for the 10-year lease; and the right to use the property for transitional housing; and the option to arrange for the sale of the property to an eligible purchaser. withdraw the property from the market for not more than 30 days for the purpose of negotiations under subparagraph (B); negotiate a purchase agreement with the organization or agency; and if a purchase agreement is agreed to, commence the repairs necessary to make the property meet standards for decent, safe, and sanitary housing. A purchase of inventory property under this section shall provide for a purchase price equal to not more than the fair market value of the property minus 10 percent. A public agency or nonprofit organization may lease or purchase property under this section only if the agency or organization, to the maximum extent practicable, involves homeless individuals and families, through employment, volunteer services, or otherwise, in maintaining, operating, and renovating any properties leased or acquired under this section and in providing any services for occupants of properties assisted under this section. The Secretary shall, by regulation, require each public agency and nonprofit organization leasing or purchasing property under this section to provide for the participation of not less than 1 homeless individual or former homeless individual on the board of directors or other equivalent policy making entity of such agency or organization, to the extent that such organization or applicant considers and makes policies and decisions regarding any property acquired under this section. The Secretary may grant a waiver to a public agency or nonprofit organization that is unable to meet the requirement of paragraph (1), if the agency or organization agrees to otherwise consult with homeless or formerly homeless individuals in considering and making such policies and decisions. The authority provided to the Secretary under this section shall be effective only to the extent approved in advance in appropriations Acts.
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