User:Allisonhamburg/sandbox

Law Summary
NAHASDA was written into law October 26, 1996 in regard to the federal government’s responsibility to promote the “general welfare*” of the country. This piece of legislation was meant to recognize the unique relationship and history of the United States and the sovereign American Indian nations, and was intended to address the “acute” need of affordable housing on tribal lands for low income people and families. Creating a transition from funding and regulation under the United States Housing Act of 1937, NAHASDA was designed to assist in the development of housing, housing services, housing management services, and crime prevention and safety activities in Indian communities. These actions are meant to align with the objectives of assisting and promoting affordable housing on tribal land, offering tribal members better access to private mortgage markets, matching development to surrounding areas and promoting private capital markets Indian Country "to allow such markets to operate and grow, thereby benefiting Indian communities*."

To receive grants through this program both a one and a five year plan are required. Together they must include a mission statement, list of goals and objectives, an activities plan, a statement of needs, financial resources, and of affordable housing resources, and a certification of compliance. Once funds have been awarded grantees must meet a standard of wages, comply with the National Environmental Policy Act of 1969, keep rents at or below 30% of the residents monthly adjusted income, set eligibility requirements for admission, and secure a management that efficiently maintains and operates the units.

Keeping with all of the regulations, any profits made from the development of the affordable housing must be used for further development of similar housing operated under NAHASDA. Funds may also be invested, but annual reports and audits are in place to ensure that grant money is being used to invest in the promotion of self-sufficiency and housing in Indian communities. Yearly reports must be submitted by the tribes along with the government’s review. The amount of outstanding obligations for NAHASDA can not exceed $2,000,000,000. If a recipient fails to meet the requirements and abide by the regulations the recipient can be replaced. The initial allocation of funds is decided by a formula used to determine need. When first administered in 1997, this amount could not be less than any funds received during the fiscal year of 1996.

Included in NAHASDA are tenant rights to notification of eviction and just cause for eviction. Drug use is listed and the Public and Assisted Housing Drug Elimination Act of 1990 is cited.