---
kind: "section"
citation: "42 U.S.C. § 12907"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12907"
heading: "AIDS short-term supported housing and services"
release: "119-102"
url: "https://uscodex.org/usc/42/12907"
units:
  - "Chapter 131 — Housing Opportunities for Persons with Aids"
---

# §12907. AIDS short-term supported housing and services

- (a) **Use of grants—** Any amounts received from grants under this section may only be used to carry out a [program](/usc/42/274l–1.md?p=4) to provide (or contract to provide) assistance to [eligible persons](/usc/42/12902.md?p=12) who are homeless or in need of [housing assistance](/usc/42/13641.md?p=3) to prevent homelessness, which may include the following activities:
  - (1) **Short-term supported housing—** Purchasing, leasing, renovating, repairing, and converting [facilities](/usc/42/11049.md?p=4) to provide short-term shelter and services.
  - (2) **Short-term housing payments assistance—** Providing rent assistance payments for short-term supported [housing](/usc/42/1490p–2.md?p=r-3) and rent, mortgage, and utilities payments to prevent homelessness of the tenant or mortgagor of a dwelling.
  - (3) **Supportive services—** Providing [supportive services](/usc/42/3002.md?p=54), to [eligible persons](/usc/42/12902.md?p=12) assisted under paragraphs [(1)](#a-1) and [(2)](#a-2), including health, mental health, assessment, permanent [housing](/usc/42/1490p–2.md?p=r-3) placement, [drug](/usc/42/282.md?p=j-1-A-vii) and alcohol abuse [treatment](/usc/42/11851.md?p=11) and counseling, day care, and nutritional services (except that health services under this paragraph may only be provided to individuals with acquired immunodeficiency syndrome or related diseases), and providing technical assistance to [eligible persons](/usc/42/12902.md?p=12) to provide assistance in gaining access to benefits and services for [homeless individuals](/usc/42/290cc–34.md?p=2) provided by the Federal Government and [State](/usc/42/12902.md?p=9) and [local governments](/usc/42/8401a.md).
  - (4) **Operation—** Providing for the operation of short-term supported [housing](/usc/42/1490p–2.md?p=r-3) provided under this section, including the costs of security, operation insurance, utilities, furnishings, equipment, supplies, and other incidental costs.
  - (5) **Administration—** Providing staff to carry out the [program](/usc/42/274l–1.md?p=4) under this section (subject to the provisions of [section 12905(g) of this title](/usc/42/12905.md?p=g)).
- (b) **Program requirements—**
  - (1) **Minimum use period for structures—**
    - (A) **In general—** Any [building](/usc/42/6881.md?p=i-3) or structure assisted with amounts from a grant under this section shall be maintained as a [facility](/usc/42/11049.md?p=4) to provide short-term supported [housing](/usc/42/1490p–2.md?p=r-3) or assistance for [eligible persons](/usc/42/12902.md?p=12)—
      - (i) in the case of assistance involving substantial rehabilitation or acquisition of the [building](/usc/42/6881.md?p=i-3), for a period of not less than 10 years; and
      - (ii) in the case of assistance under paragraph [(1)](#a-1), [(3)](#a-3), or [(4)](#a-4) of subsection (a), for a period of not less than 3 years.
    - (B) **Waiver—** The [Secretary](/usc/42/12902.md?p=8) may waive the requirement under [subparagraph (A)](#b-1-A) with respect to any [building](/usc/42/6881.md?p=i-3) or structure if the organization or agency that received the grant under which the [building](/usc/42/6881.md?p=i-3) was assisted demonstrates, to the satisfaction of the [Secretary](/usc/42/12902.md?p=8), that—
      - (i) the structure is no longer needed to provide short-term supported [housing](/usc/42/1490p–2.md?p=r-3) or assistance or the continued operation of the structure for such purposes is no longer feasible; and
      - (ii) the structure will be used to benefit individuals or [families](/usc/42/12704.md?p=11) whose [incomes](/usc/42/292s.md?p=c-4) do not exceed 80 percent of the median [income](/usc/42/292s.md?p=c-4) for the area, as determined by the [Secretary](/usc/42/12902.md?p=8), with adjustments for smaller and larger [families](/usc/42/12704.md?p=11), except that the [Secretary](/usc/42/12902.md?p=8) may establish [income](/usc/42/292s.md?p=c-4) ceilings higher or lower than 80 percent of the median [income](/usc/42/292s.md?p=c-4) for the area if the [Secretary](/usc/42/12902.md?p=8) finds that such variations are necessary because of prevailing levels of [construction](/usc/42/7479.md?p=2-C) costs or unusually high or low [family](/usc/42/290ff–4.md?p=d-2) [incomes](/usc/42/292s.md?p=c-4).
  - (2) **Residency and location limitations on short-term supported housing—**
    - (A) **Residency—** A short-term supported [housing](/usc/42/1490p–2.md?p=r-3) [facility](/usc/42/11049.md?p=4) assisted with amounts from a grant under this section may not provide shelter or [housing](/usc/42/1490p–2.md?p=r-3) at any [single](/usc/42/2304.md?p=m) time for more than 50 [families](/usc/42/12704.md?p=11) or individuals.
    - (B) **Waiver—** The [Secretary](/usc/42/12902.md?p=8) may, as the [Secretary](/usc/42/12902.md?p=8) determines appropriate, waive the limitation under [subparagraph (A)](#b-2-A) for any [program](/usc/42/274l–1.md?p=4) or short-term supported [housing](/usc/42/1490p–2.md?p=r-3) [facility](/usc/42/11049.md?p=4).
  - (3) **Term of assistance—**
    - (A) **Supported housing assistance—** A [program](/usc/42/274l–1.md?p=4) assisted under this section may not provide residence in a short-term [housing](/usc/42/1490p–2.md?p=r-3) [facility](/usc/42/11049.md?p=4) assisted under this section to any individual for a sum of more than 60 days during any 6-month period.
    - (B) **Housing payments assistance—** A [program](/usc/42/274l–1.md?p=4) assisted under this section may not provide assistance for rent, mortgage, or utilities payments to any individual for rent, mortgage, or utilities costs accruing over a period of more than 21 weeks of any 52-week period.
    - (C) **Waiver—** Notwithstanding subparagraphs [(A)](#b-3-A) and [(B)](#b-3-B), the [Secretary](/usc/42/12902.md?p=8) may waive the applicability of the requirements under such subparagraphs with respect to any individual for which the [project sponsor](/usc/42/12902.md?p=14) has made a good faith effort to acquire permanent [housing](/usc/42/1490p–2.md?p=r-3) (in accordance with [paragraph (4)](#b-4)) and has been unable to do so.
  - (4) **Placement—** A [program](/usc/42/274l–1.md?p=4) assisted under this section shall provide for any individual who has remained in short-term supported [housing](/usc/42/1490p–2.md?p=r-3) assisted under the demonstration [program](/usc/42/274l–1.md?p=4), to the maximum extent practicable, the opportunity for placement in permanent [housing](/usc/42/1490p–2.md?p=r-3) or an environment appropriate to the health and social needs of the individual.
  - (5) **Presumption for independent living—** In providing assistance under this section in any case in which the residence of an individual is appropriate to the needs of the individual, a [program](/usc/42/274l–1.md?p=4) assisted under this section shall, when reasonable, provide for assistance in a manner appropriate to maintain the individual in such residence.
  - (6) **Case management services—** A [program](/usc/42/274l–1.md?p=4) assisted under this section shall provide each individual assisted under the [program](/usc/42/274l–1.md?p=4) with an opportunity, if eligible, to receive case management services available from the appropriate social service agencies.

## Source credit

(Pub. L. 101–625, title VIII, § 858, Nov. 28, 1990, 104 Stat. 4379; Pub. L. 102–550, title VI, § 606(g), (j)(5), (11)(C), Oct. 28, 1992, 106 Stat. 3809–3811.)

## Notes

### Editorial Notes

### Amendments

1992—Subsec. (a). Pub. L. 102–550, § 606(j)(11)(C)(i), substituted “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” in introductory provisions.

Subsec. (a)(3). Pub. L. 102–550, § 606(g)(1)(A), (j)(5), substituted “to eligible persons assisted under” for “to individuals assisted under” and inserted before period at end “(except that health services under this paragraph may only be provided to individuals with acquired immunodeficiency syndrome or related diseases), and providing technical assistance to eligible persons to provide assistance in gaining access to benefits and services for homeless individuals provided by the Federal Government and State and local governments”.

Subsec. (a)(4), (5). Pub. L. 102–550, § 606(g)(1)(B), (C), added pars. (4) and (5) and struck out former pars. (4) and (5) which read as follows:

“(4) Maintenance and administration.—Providing for maintenance, administration, security, operation, insurance, utilities, furnishings, equipment, supplies, and other incidental costs relating to any short-term supported housing provided under the demonstration program under this section.

“(5) Technical assistance.—Providing technical assistance to such individuals to provide assistance in gaining access to benefits and services for homeless individuals provided by the Federal Government and State and local governments.”

Subsec. (b)(1)(A). Pub. L. 102–550, § 606(j)(11)(C)(ii), substituted “eligible persons” for “individuals with acquired immunodeficiency syndrome or related diseases” in introductory provisions.

Subsec. (b)(2)(B). Pub. L. 102–550, § 606(g)(2)(A)(i), (iii), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “Location.—A facility for short-term supported housing assisted with amounts from a grant under this section may not be located in or contiguous to any other facility for emergency or short-term housing that is not limited to use by individuals with acquired immunodeficiency syndrome or related diseases.”

Subsec. (b)(2)(C). Pub. L. 102–550, § 606(g)(2)(A)(ii), (iii), substituted “limitation under subparagraph (A)” for “limitations under subparagraphs (A) and (B)” and redesignated subpar. (C) as (B).

Subsec. (b)(3)(C). Pub. L. 102–550, § 606(g)(2)(B), added subpar. (C).