Page:United States Statutes at Large Volume 104 Part 5.djvu/1058

 104 STAT. 4380 PUBLIC LAW 101-625—NOV. 28, 1990 (B) WAIVER.— The Secretary may waive the requirement under subparagraph (A) with respect to any building or structure if the organization or agency that received the grant under which the building was assisted demonstrates, to the satisfaction of the Secretary, that— (i) the structure is no longer needed to provide shortterm supported housing 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 whose incomes do 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 establish income ceilings higher or lower than 80 percent of the median income for the area if the Secretary finds that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes. (2) RESIDENCY AND LOCATION LIMITATIONS ON SHORT-TERM SUP- PORTED HOUSING.— (A) RESIDENCY. — A short-term supported housing facility assisted with amounts from a grant under this section may not provide shelter or housing at any single time for more than 50 families or individuals. (B) 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. (C) WAIVER.— The Secretary may, as the Secretary determines appropriate, waive the limitations under subparagraphs (A) and (B) for any program or short-term supported housing facility. (3) TERM OF ASSISTANCE. — (A) SUPPORTED HOUSING ASSISTANCE.— A program assisted under this section may not provide residence in a shortterm housing facility 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 assisted under this section may not provide assistance for rent, mortgage, or utilities pa3anents to any individual for rent, mortgage, or utilities costs accruing over a period of more than 21 weeks of any 52-week period. (4) PLACEMENT.— A program assisted under this section shall provide for any individual who has remained in short-term supported housing assisted under the demonstration program, to the maximum extent practicable, the opportunity for placement in permanent housing 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 assisted under this section shall, when reasonable.

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