§ 4103. Definitions
For purposes of this chapter, the following definitions shall apply:
(1)
Adjusted income
The term “adjusted income” means the annual income that remains after excluding the following amounts:
(A)
Youths, students, and persons with disabilities
$480 for each member of the family residing in the household (other than the head of the household or the spouse of the head of the household)—
(C)
Medical and attendant expenses
The amount by which 3 percent of the annual income of the family is exceeded by the aggregate of—
(D)
Child care expenses
Child care expenses, to the extent necessary to enable another member of the family to be employed or to further his or her education.
(E)
Earned income of minors
The amount of any earned income of any member of the family who is less than 18 years of age.
(2)
Affordable housing
The term “affordable housing” means housing that complies with the requirements for affordable housing under subchapter II of this chapter. The term includes permanent housing for homeless persons who are persons with disabilities, transitional housing, and single room occupancy housing.
(4)
Elderly families and near-elderly families
The terms “elderly family” and “near-elderly family” mean a family whose head (or his or her spouse), or whose sole member, is an elderly person or a near-elderly person, respectively. Such terms include 2 or more elderly persons or near-elderly persons living together, and 1 or more such persons living with 1 or more persons determined under the Indian housing plan for the agency to be essential to their care or well-being.
(6)
Family
The term “family” includes a family with or without children, an elderly family, a near-elderly family, a disabled family, and a single person.
(7)
Grant beneficiary
The term “grant beneficiary” means the Indian tribe or tribes on behalf of which a grant is made under this chapter to a recipient.
(8)
Housing related community development
(9)
Income
The term “income” means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary, except that the following amounts may not be considered as income under this paragraph:
(11)
Indian area
The term “Indian area” means the area within which an Indian tribe or a tribally designated housing entity, as authorized by 1 or more Indian tribes, provides assistance under this chapter for affordable housing.
(12)
Indian housing plan
The term “Indian housing plan” means a plan under section
4112 of this title.
(13)
Indian tribe
(A)
In general
The term “Indian tribe” means a tribe that is a federally recognized tribe or a State recognized tribe.
(B)
Federally recognized tribe
The term “federally recognized tribe” means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
(C)
State recognized tribe
(i)
In general
The term “State recognized tribe” means any tribe, band, nation, pueblo, village, or community—
(II)
for which an Indian Housing Authority has, before the effective date under section
705, entered into a contract with the Secretary pursuant to the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] for housing for Indian families and has received funding pursuant to such contract within the 5-year period ending upon such effective date.
(ii)
Conditions
Notwithstanding clause (i)—
(I)
the allocation formula under section
4152 of this title shall be determined for a State recognized tribe under tribal membership eligibility criteria in existence on October 26, 1996; and
(14)
Low-income family
The term “low-income family” means a family whose income does not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may, for purposes of this paragraph, establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the findings of the Secretary or the agency that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes.
(15)
Median income
The term “median income” means, with respect to an area that is an Indian area, the greater of—
(16)
Near-elderly person
The term “near-elderly person” means a person who is at least 55 years of age and less than 62 years of age.
(17)
Nonprofit
The term “nonprofit” means, with respect to an organization, association, corporation, or other entity, that no part of the net earnings of the entity inures to the benefit of any member, founder, contributor, or individual.
(18)
Person with disabilities
The term “person with disabilities” means a person who—
(B)
is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional impairment which—
Such term shall not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for housing assisted under this chapter, solely on the basis of any drug or alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence.
(19)
Recipient
The term “recipient” means an Indian tribe or the entity for one or more Indian tribes that is authorized to receive grant amounts under this chapter on behalf of the tribe or tribes.
(20)
Secretary
Except as otherwise specifically provided in this chapter, the term “Secretary” means the Secretary of Housing and Urban Development.
(21)
State
The term “State” means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States and Indian tribes.
(22)
Tribally designated housing entity
The terms “tribally designated housing entity” and “housing entity” have the following meaning:
(A)
Existing IHA’s
With respect to any Indian tribe that has not taken action under subparagraph (B), and for which an Indian housing authority—
(i)
was established for purposes of the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] before October 26, 1996, that meets the requirements under the United States Housing Act of 1937,
the terms mean such Indian housing authority.
(B)
Other entities
With respect to any Indian tribe that, pursuant to this chapter, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this chapter for affordable housing for Indians, which entity is established—
(i)
by exercise of the power of self-government of one or more Indian tribes independent of State law, or
(ii)
by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska,
the terms mean such entity.