dreamproit/uscode huggingface dataset:
42 U.S.C. § 12772 (THE PUBLIC HEALTH AND WELFARE)
§ 12772. Project-specific assistance to community housing development organizations
(a) In general
Amounts reserved under section 12771 of this title may be used for activities eligible under section 12742 of this title and, in amounts not to exceed 10 percent of the amounts so reserved, for other activities specified under this section.
(b) Project-specific technical assistance and site control loans
(1) In general
Amounts reserved under section 12771 of this title may be used to provide technical assistance and site control loans to community housing development organizations in the early stages of site development for an eligible project. Such loans shall not exceed amounts that the jurisdiction determines to be customary and reasonable project preparation costs allowable under paragraph (2).
(2) Allowable expenses
A loan under this subsection may be provided to cover project expenses necessary to determine project feasibility (including costs of an initial feasibility study), consulting fees, costs of preliminary financial applications, legal fees, architectural fees, engineering fees, engagement of a development team, site control and title clearance.
(3) Repayment
A community housing development organization that receives a loan under this subsection shall repay the loan to the participating jurisdiction’s HOME Investment Trust Fund from construction loan proceeds or other project income. The participating jurisdiction may waive repayment of the loan, in part or in whole, if there are impediments to project development that the participating jurisdiction determines are reasonably beyond the control of the borrower.
(c) Project-specific seed money loans
(1) In general
Amounts reserved under section 12771 of this title may be used to provide loans to community housing development organizations to cover preconstruction project costs that the jurisdiction determines to be customary and reasonable, including, but not limited to the costs of obtaining firm construction loan commitments, architectural plans and specifications, zoning approvals, engineering studies and legal fees.
(2) Eligible sponsors
A loan under this subsection may be provided only to a community housing development organization that has, with respect to the project concerned, site control, a preliminary financial commitment, and a capable development team.
(3) Repayment
A community housing development organization that receives a loan under this subsection shall repay the loan to the jurisdiction’s HOME Investment Trust Fund from construction loan proceeds or other project income. The participating jurisdiction may waive repayment of the loan, in whole or in part, if there are impediments to project development that the participating jurisdiction determines are reasonably beyond the control of the borrower.
(Pub. L. 101–625, title II, § 232, Nov. 28, 1990, 104 Stat. 4115.)
42 U.S.C. § 12774 (THE PUBLIC HEALTH AND WELFARE)
§ 12774. Other requirements
(a) Tenant participation plan
A community housing development organization that receives assistance under this part shall provide a plan for and follow a program of tenant participation in management decisions and shall adhere to a fair lease and grievance procedure approved by the participating jurisdiction.
(b) Limitation on assistance
A community housing development organization may not receive assistance under this subchapter for any fiscal year in an amount that provides more than 50 percent of the organization’s total operating budget in the fiscal year or $50,000 annually, whichever is greater.
(c) Adjustments of other assistance
The Secretary shall take account of assistance provided to a project under this part when adjusting other assistance to be provided to the project as required by section 3545(d) of this title.
(Pub. L. 101–625, title II, § 234, Nov. 28, 1990, 104 Stat. 4117; Pub. L. 102–550, title II, § 212(c), Oct. 28, 1992, 106 Stat. 3757.)
heading: Amendments
text: 1992—Subsec. (b). Pub. L. 102–550 struck out “, together with other Federal assistance,” after “in an amount that” and inserted before period “or $50,000 annually, whichever is greater”.
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–550 applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title.
42 U.S.C. § 12781 (THE PUBLIC HEALTH AND WELFARE)
§ 12781. Authority
The Secretary shall, insofar as is feasible through contract with eligible organizations, develop the capacity of participating jurisdictions, State and local housing finance agencies, nonprofit organizations and for-profit corporations, working in partnership, to identify and meet needs for an increased supply of decent, affordable housing.
(Pub. L. 101–625, title II, § 241, Nov. 28, 1990, 104 Stat. 4117.)
42 U.S.C. § 12782 (THE PUBLIC HEALTH AND WELFARE)
§ 12782. Priorities for capacity development
To carry out section 12781 of this title, the Secretary shall provide assistance under this part to—
(1) facilitate the exchange of information that would help participating jurisdictions carry out the purposes of this subchapter, including information on program design, housing finance, land use controls, and building construction techniques;
(2) improve the ability of States and units of general local government to design and implement comprehensive housing affordability strategies, particularly those States and units of general local government that are relatively inexperienced in the development of affordable housing;
(3) encourage private lenders and for-profit developers of low-income housing to participate in public-private partnerships to achieve the purposes of this subchapter;
(4) improve the ability of States and units of general local government, community housing development organizations, private lenders, and for-profit developers of low-income housing to incorporate energy efficiency into the planning, design, financing, construction, and operation of affordable housing;
(5) facilitate the establishment and efficient operation of employer-assisted housing programs through research, technical assistance and demonstration projects; and
(6) facilitate the establishment and efficient operation of land bank programs, under which title to vacant and abandoned parcels of real estate located in or causing blighted neighborhoods is cleared for use consistent with the purposes of this subchapter.
(Pub. L. 101–625, title II, § 242, Nov. 28, 1990, 104 Stat. 4118; Pub. L. 102–550, title II, § 214(a), Oct. 28, 1992, 106 Stat. 3759.)
heading: Amendments
text: 1992—Par. (6). Pub. L. 102–550 added par. (6).
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–550 applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title.
42 U.S.C. § 12783 (THE PUBLIC HEALTH AND WELFARE)
§ 12783. Conditions of contracts
(a) Eligible organizations
The Secretary shall carry out this part insofar as is practicable through contract with—
(1) a participating jurisdiction or agency thereof;
(2) a public purpose organization established pursuant to State or local legislation and responsible to the chief elected official of a participating jurisdiction;
(3) an agency or authority established by two or more participating jurisdictions to carry out activities consistent with the purposes of this subchapter;
(4) a national or regional nonprofit organization that has a membership comprised predominantly of entities or officials of entities that qualify under paragraph (1), (2), or (3); or
(5) a professional and technical services company or firm that has demonstrated capacity to provide services under this part.
(b) Contract terms
Contracts under this part shall be for not more than 3 years and shall provide not more than 20 percent of the operating budget of the contracting organization in any one year. Within any fiscal year, contracts with any one organization may not be entered into for a total of more than 40 percent of the funds appropriated under this part in that fiscal year.
(Pub. L. 101–625, title II, § 243, Nov. 28, 1990, 104 Stat. 4118; Pub. L. 111–8, div. I, title II, § 229(3), Mar. 11, 2009, 123 Stat. 978.)
heading: Amendments
text: 2009—Subsec. (b). Pub. L. 111–8 substituted “40 percent of the funds” for “20 percent of the funds”.
42 U.S.C. § 12784 (THE PUBLIC HEALTH AND WELFARE)
§ 12784. Research in housing affordability
The Secretary is authorized to support, through contracts with eligible organizations and otherwise, such research and to publish such reports as will assist in the achievement of the purposes of this subchapter. Activities authorized by the previous sentence may include an ongoing analysis of the impact of public policies at the Federal, State, and local levels, both individually and in the aggregate, on the incentives to expand and maintain the supply of energy-efficient affordable housing in the United States, particularly in areas with severe problems of housing affordability, through the use of cost-saving innovative building technology and construction techniques. For purposes of this section, agencies of the United States, government-sponsored mortgage finance corporations, and qualified research organizations shall be included as eligible organizations in addition to eligible organizations specified under section 12783 of this title.
(Pub. L. 101–625, title II, § 244, Nov. 28, 1990, 104 Stat. 4118; Pub. L. 102–550, title II, § 215, Oct. 28, 1992, 106 Stat. 3759.)
heading: Amendments
text: 1992—Pub. L. 102–550 inserted before period at end of second sentence “, through the use of cost-saving innovative building technology and construction techniques”.
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–550 applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title.
42 U.S.C. § 12785 (THE PUBLIC HEALTH AND WELFARE)
§ 12785. REACH: asset recycling information dissemination
(a) In general
The Secretary shall make available upon request by any participating jurisdiction a list of eligible properties that are located within the jurisdiction and that are owned or controlled by the Department of Housing and Urban Development to facilitate the purchase, development, or rehabilitation of such properties with assistance made available under this subchapter.
(b) Eligible properties
An eligible property under this section shall—
(1) be an unoccupied single-family or multifamily dwelling, such that acquisition and rehabilitation of the dwelling would not result in the displacement of any residents of the dwelling; and
(2) have an appraised value that does not exceed (A) in the case of a 1- to 4-family dwelling, 95 percent of the median purchase price for the area for such dwellings, as determined by the Secretary, or (B) in the case of a dwelling with more than 4 units, the applicable maximum dollar amount limitation under section 1715l(d)(3)(ii) of title 12 for elevator-type structures.
(Pub. L. 101–625, title II, § 245, Nov. 28, 1990, 104 Stat. 4119.)
42 U.S.C. § 12801 (THE PUBLIC HEALTH AND WELFARE)
§ 12801. General authority
Among the alternative model programs that the Secretary shall make available for use by participating jurisdictions under the provisions of section 12743 of this title shall be model programs specified in this part. The Secretary shall keep these specified model programs under review and submit to Congress such recommendations for change as the Secretary determines to be appropriate.
(Pub. L. 101–625, title II, § 251, Nov. 28, 1990, 104 Stat. 4119.)
42 U.S.C. § 12803 (THE PUBLIC HEALTH AND WELFARE)
§ 12803. Rental rehabilitation
(a) In general
The Secretary shall make available a model program to support the rehabilitation of privately owned rental housing located in neighborhoods where the median income does not exceed 80 percent of the area median as determined by the Secretary and where rents can reasonably be expected not to change materially over an extended period of time.
(b) Amount of subsidy
The amount of the rehabilitation subsidy shall be moderate and shall generally not exceed 50 percent of the total costs associated with the rehabilitation of the housing.
(c) Additional restrictions
The guidelines of the model program shall generally comport with the additional protections and restrictions specified under section 1437o(c) 1 of this title.
(Pub. L. 101–625, title II, § 253, Nov. 28, 1990, 104 Stat. 4121.)
heading: References in Text
text: Section 1437o of this title, referred to in subsec. (c), was repealed by Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128.
42 U.S.C. § 12804 (THE PUBLIC HEALTH AND WELFARE)
§ 12804. Rehabilitation loans
(a) In general
The Secretary shall make available a model program to provide direct loans to finance the rehabilitation of low and moderate income single family and multifamily residential properties.
(b) Condition of loans
The Secretary shall establish terms and conditions to ensure that such loans are acceptable risks, taking into consideration the need for rehabilitation, the security for the loan and the ability of the borrower to repay the loan. The Secretary may establish the interest rate for loans under the model program, which shall include special interest rates for loans to borrowers with incomes below 80 percent of the area median income.
(c) Additional restrictions
Guidelines for the model program may require that the property—
(1) be located in an area that contains a substantial number of dwellings in need of rehabilitation;
(2) the property 1 is residential and owner-occupied; and
(3) the property 1 is in need of rehabilitation or concentrated code enforcement within a reasonable time, and the rehabilitation of such property is consistent with a local plan for rehabilitation or code enforcement.
Additional guidelines for the model program shall generally comport with the additional protections and restrictions specified under section 1452b 2 of this title.
(Pub. L. 101–625, title II, § 254, Nov. 28, 1990, 104 Stat. 4121.)
heading: References in Text
text: Section 1452b of this title, referred to in subsec. (c), was repealed by Pub. L. 101–625, title II, § 289(b)(1), Nov. 28, 1990, 104 Stat. 4128, which is classified to section 12839(b)(1) of this title.
42 U.S.C. § 12806 (THE PUBLIC HEALTH AND WELFARE)
§ 12806. Home repair services grants for older and disabled homeowners
(a) In general
The Secretary shall make available a model program to provide home repair services for older homeowners and disabled homeowners, including such services as the examination of homes, repair services, and follow-up to ensure the continued effectiveness of the repairs provided.
(b) Eligible recipients
Home repair services shall be provided to homeowners who—
(1) own and reside in the dwellings for which services are provided;
(2) are older or disabled; and
(3) are members of low-income families.
(c) Permitted restrictions
Guidelines for the model program shall require that—
(1) assisted dwelling units be the primary residence of the homeowner for whom services are provided;
(2) preferences be provided for (A) very low-income families, and (B) individuals with intense need characterized by noneconomic factors such as physical and mental disabilities, language barriers, and cultural, social, or geographical isolation caused by racial or ethnic status that restricts the ability of an individual to perform normal daily tasks or that threatens the capacity of the individual to live independently;
(3) any fees charged be based on the income of the individual receiving the home repair services.
(Pub. L. 101–625, title II, § 256, Nov. 28, 1990, 104 Stat. 4122.)
42 U.S.C. § 12807 (THE PUBLIC HEALTH AND WELFARE)
§ 12807. Low-income housing conservation and efficiency grant programs
(a) In general
The Secretary shall make available a model program to provide safe, energy-efficient affordable housing for low-income persons.
(b) Activities
The model program shall provide for—
(1) identification of housing that is—
(A) owned and occupied by low-income families who have received, are currently receiving, or are scheduled to receive assistance under the weatherization assistance for low-income persons program under part A of title IV of the Energy Conservation and Production Act [42 U.S.C. 6861 et seq.] (or a comparable Federal or State program);
(B) in danger of becoming uninhabitable within a 5-year period because of structural weaknesses or problems; and
(C) not sufficiently sound to permit energy conservation improvements without other repair or rehabilitation measures to protect such energy investments;
(2) repairs that will significantly prolong the habitability of units identified under paragraph (1), including roofing, electrical, plumbing, furnace, and foundation repairs or replacement that will prolong the use of the unit as a safe and energy-efficient residence for low-income persons; and
(3) reasonable steps to ensure that any units so repaired will remain occupied by persons or families eligible for assistance under this subchapter.
(Pub. L. 101–625, title II, § 257, Nov. 28, 1990, 104 Stat. 4122.)
heading: References in Text
text: The Energy Conservation and Production Act, referred to in subsec. (b)(1)(A), is Pub. L. 94–385, Aug. 14, 1976, 90 Stat. 1142, as amended. Part A of title IV of the Act is classified generally to part A (§ 6861 et seq.) of subchapter III of chapter 81 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6801 of this title and Tables.
42 U.S.C. § 12808 (THE PUBLIC HEALTH AND WELFARE)
§ 12808. Second mortgage assistance for first-time homebuyers
(a) In general
The Secretary shall make available a model program under which units of general local government provide loans (secured by second mortgages) with deferred payment of interest and principal to first-time homebuyers.
(b) Homeownership counseling
The program under this section shall provide for homeownership counseling to first-time homebuyers assisted, which shall include—
(1) counseling before and after purchase of the property;
(2) assisting first-time homebuyers in identifying the most suitable and affordable properties;
(3) providing homebuyers with financial management assistance;
(4) assisting homebuyers in understanding mortgage transactions and home sales contracts; and
(5) assisting homebuyers with eliminating any credit problems that may prevent the homebuyers from purchasing the property.
(c) Eligibility requirements
Deferred payment loans secured by second mortgages may be provided under the model program under this section if—
(1) the homebuyer assisted is a first-time homebuyer;
(2) the property secured by the second mortgage is a single-family residence and is the principal residence of the homebuyer; and
(3) the principal obligation of the deferred payment loan secured by a second mortgage does not exceed 30 percent of the acquisition price of the residence to the homebuyer.
(d) Payment terms
(1) Period of deferral
The payment of any principal and interest on a loan under this section shall be deferred for not less than the 5-year period beginning on the date of the acquisition of the residence by the homebuyer.
(2) Interest rate
The interest rate on the unpaid balance of a loan under this section shall be at least 4 percent.
(3) Repayment period
A deferred payment loan secured by a second mortgage shall be repayable over the 15-year period beginning at the end of the deferral period.
(e) Security
A deferred payment loan assisted with amount 1 provided under a grant under this section shall be secured by a lien on the property involved, which lien shall be subordinate to the first mortgage on the property.
(Pub. L. 101–625, title II, § 258, Nov. 28, 1990, 104 Stat. 4123.)
42 U.S.C. § 12809 (THE PUBLIC HEALTH AND WELFARE)
§ 12809. Rehabilitation of State and local government in rem properties
(a) In general
The Secretary shall make available a model program under which States and units of general local government may convert in rem properties to provide affordable permanent housing for the homeless by leasing such properties to nonprofit organizations and permitting such organizations to rehabilitate the properties.
(b) Target
The program shall target vacant properties for rehabilitation by nonprofit organizations.
(Pub. L. 101–625, title II, § 259, Nov. 28, 1990, 104 Stat. 4124.)
42 U.S.C. § 12810 (THE PUBLIC HEALTH AND WELFARE)
§ 12810. Cost-saving building technologies and construction techniques
(a) In general
The Secretary shall make available a model program to utilize cost-saving building technologies and construction techniques for purposes of providing homeownership and rental opportunities under this subchapter.
(b) Selection criteria
The Secretary shall establish criteria for participating jurisdictions to select projects for assistance under the model program which may include—
(1) the extent to which innovative, cost-saving building and construction technologies are utilized;
(2) the extent to which innovative, cost-saving construction techniques are utilized;
(3) the extent to which units will be made available to low-income families and individuals;
(4) the extent to which non-Federal public or private assistance is utilized; and
(5) any other factor, determined by the Secretary to be appropriate.
(c) Guidelines
The Secretary shall publish guidelines for the model program under this section not later than 180 days after October 28, 1992.
(d) Report
The Secretary shall submit a biennial report to the Congress on the utilization of the model program under this section.
(Pub. L. 101–625, title II, § 260, as added Pub. L. 102–550, title II, § 216, Oct. 28, 1992, 106 Stat. 3760.)
heading: Effective Date
text: Section applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of Pub. L. 102–550, set out as an Effective Date of 1992 Amendment note under section 12704 of this title.
42 U.S.C. § 12831 (THE PUBLIC HEALTH AND WELFARE)
§ 12831. Equal opportunity
(a) Solicitation of contracts
Each participating jurisdiction shall prescribe procedures acceptable to the Secretary to establish and oversee a minority outreach program within each such jurisdiction to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including, without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts, entered into by the participating jurisdiction with such persons or entities, public and private, in order to facilitate the activities of the participating jurisdiction to provide affordable housing authorized under this Act or any other Federal housing law applicable to such jurisdiction.
(b) Report to Congress
Before the end of the 180-day period beginning on the date the first allocation of funds is made under section 12747 of this title, the Secretary shall submit to the Congress a report containing a description of the actions taken by each participating jurisdiction pursuant to subsection (a) of this section and such recommendations for administrative and legislative action as the Secretary may determine to be appropriate to carry out the purposes of such subsection.
(Pub. L. 101–625, title II, § 281, Nov. 28, 1990, 104 Stat. 4125.)
heading: References in Text
text: This Act, referred to in subsec. (a), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gonzalez National Affordable Housing Act. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables.