dreamproit/uscode huggingface dataset:
42 U.S.C. § 12713 (THE PUBLIC HEALTH AND WELFARE)
§ 12713. Eligibility under first-time homebuyer programs
(a) Eligibility of displaced homemakers and single parents for Federal assistance for first-time homebuyers
(1) Displaced homemakers
No individual who is a displaced homemaker may be denied eligibility under any Federal program to assist first-time homebuyers on the basis that the individual, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse.
(2) Single parents
No individual who is a single parent may be denied eligibility under any Federal program to assist first-time homebuyers on the basis that the individual, while married, owned a home with his or her spouse or resided in a home owned by the spouse.
(b) Definitions
For purposes of this section:
(1) Displaced homemaker
The term “displaced homemaker” means an individual who—
(A) is an adult;
(B) has not worked full-time, full-year in the labor force for a number of years but has, during such years, worked primarily without remuneration to care for the home and family; and
(C) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
(2) First-time homebuyer
The term “first-time homebuyer” means an individual who has never, or has not during a specified period of time, had any present ownership interest in a principal residence.
(3) Single parent
The term “single parent” means an individual who—
(A) is unmarried or legally separated from a spouse; and
(B)
(i) has 1 or more minor children for whom the individual has custody or joint custody; or
(ii) is pregnant.
(c) Applicability
This section shall apply to any Federal program to assist first-time homebuyers, unless the program is exempted from this section by a statute that amends this subsection or explicitly refers to this subsection.
(Pub. L. 101–625, title IX, § 956, Nov. 28, 1990, 104 Stat. 4421.)
heading: Codification
text: Section was enacted as part of title IX of the Cranston-Gonzalez National Affordable Housing Act, and not as part of title I of such Act which comprises this subchapter.
42 U.S.C. § 12714 (THE PUBLIC HEALTH AND WELFARE)
§ 12714. Repealed. Pub. L. 104–99, title IV, § 404(a), Jan. 26, 1996, 110 Stat. 44
text: Section, Pub. L. 101–625, title IX, § 957, Nov. 28, 1990, 104 Stat. 4422, related to maximum annual limitation on rent increases resulting from employment.
heading: Effective Date of Repeal
text: Pub. L. 104–99, title IV, § 404(a), Jan. 26, 1996, 110 Stat. 44, provided in part that this section is repealed retroactive to Nov. 28, 1990, and shall be of no effect.
heading: Economic Independence
text: Pub. L. 102–550, title IX, § 923, Oct. 28, 1992, 106 Stat. 3884, which provided that Secretary of Housing and Urban Development was to immediately implement section 12714 of this title and that other Federal agencies authorized to assist low-income families were to take similar steps to encourage economic independence and the accumulation of assets, was repealed retroactive to Oct. 28, 1992, by Pub. L. 104–99, title IV, § 404(b), Jan. 26, 1996, 110 Stat. 44, which further provided that section 923 of Pub. L. 102–550 was to be of no effect.
42 U.S.C. § 12722 (THE PUBLIC HEALTH AND WELFARE)
§ 12722. Purposes
The purposes of this subchapter are—
(1) to expand the supply of decent, safe, sanitary, and affordable housing, with primary attention to rental housing, for very low-income and low-income Americans;
(2) to mobilize and strengthen the abilities of States and units of general local government throughout the United States to design and implement strategies for achieving an adequate supply of decent, safe, sanitary, and affordable housing;
(3) to provide participating jurisdictions, on a coordinated basis, with the various forms of Federal housing assistance, including capital investment, mortgage insurance, rental assistance, and other Federal assistance, needed—
(A) to expand the supply of decent, safe, sanitary, and affordable housing;
(B) to make new construction, rehabilitation, substantial rehabilitation, and acquisition of such housing feasible; and
(C) to promote the development of partnerships among the Federal Government, States and units of general local government, private industry, and nonprofit organizations able to utilize effectively all available resources to provide more of such housing;
(4) to make housing more affordable for very low-income and low-income families through the use of tenant-based rental assistance;
(5) to develop and refine, on an ongoing basis, a selection of model programs incorporating the most effective methods for providing decent, safe, sanitary, and affordable housing, and accelerate the application of such methods where appropriate throughout the United States to achieve the prudent and efficient use of funds made available under this subchapter;
(6) to expand the capacity of nonprofit community housing development organizations to develop and manage decent, safe, sanitary, and affordable housing;
(7) to ensure that Federal investment produces housing stock that is available and affordable to low-income families for the property’s remaining useful life, is appropriate to the neighborhood surroundings, and, wherever appropriate, is mixed income housing;
(8) to increase the investment of private capital and the use of private sector resources in the provision of decent, safe, sanitary, and affordable housing;
(9) to allocate Federal funds for investment in affordable housing among participating jurisdictions by formula allocation;
(10) to leverage those funds insofar as practicable with State and local matching contributions and private investment;
(11) to establish for each participating jurisdiction a HOME Investment Trust Fund with a line of credit for investment in affordable housing, with repayments back to its HOME Investment Trust Fund being made available for reinvestment by the jurisdiction;
(12) to provide credit enhancement for affordable housing by utilizing the capacities of existing agencies and mortgage finance institutions when most efficient and supplementing their activities when appropriate; and
(13) to assist very low-income and low-income families to obtain the skills and knowledge necessary to become responsible homeowners and tenants.
(Pub. L. 101–625, title II, § 203, Nov. 28, 1990, 104 Stat. 4095.)
42 U.S.C. § 12723 (THE PUBLIC HEALTH AND WELFARE)
§ 12723. Coordinated Federal support for housing strategies
The Secretary shall make assistance under this subchapter available to participating jurisdictions, through the Office of the Assistant Secretary for Housing-FHA Commissioner of the Department of Housing and Urban Development, to the maximum extent practicable, in coordination with mortgage insurance, rental assistance, and other housing assistance appropriate to the efficient and timely completion of activities under this subchapter.
(Pub. L. 101–625, title II, § 204, Nov. 28, 1990, 104 Stat. 4096.)
42 U.S.C. § 12724 (THE PUBLIC HEALTH AND WELFARE)
§ 12724. Authorization
There are authorized to be appropriated to carry out this subchapter $2,086,000,000 for fiscal year 1993, and $2,173,612,000 for fiscal year 1994, of which—
(1) not more than $14,000,000 for fiscal year 1993, and $25,000,000 for fiscal year 1994, shall be for community housing partnership activities authorized under section 12773 of this title; and
(2) not more than $11,000,000 for fiscal year 1993, and $22,000,000 for fiscal year 1994, shall be for activities in support of State and local housing strategies authorized under part C of this subchapter.
(Pub. L. 101–625, title II, § 205, Nov. 28, 1990, 104 Stat. 4096; Pub. L. 102–550, title II, § 201, Oct. 28, 1992, 106 Stat. 3751; Pub. L. 103–120, § 5, Oct. 27, 1993, 107 Stat. 1148.)
heading: Amendments
text: 1993—Pub. L. 103–120 substituted “$25,000,000 for fiscal year 1994” for “$14,000,000 for fiscal year 1994” in par. (1) and “$22,000,000 for fiscal year 1994” for “$11,000,000 for fiscal year 1994” in par. (2).
1992—Pub. L. 102–550 amended section generally. Prior to amendment, section read as follows: “There are authorized to be appropriated to carry out this subchapter $1,000,000,000 for fiscal year 1991, and $2,086,000,000 for fiscal year 1992, of which—
“(1) not more than $14,000,000 for fiscal year 1991, and $14,000,000 for fiscal year 1992, shall be for community housing partnership activities authorized under section 12773 of this title; and
“(2) not more than $11,000,000 for fiscal year 1991, and $11,000,000 for fiscal year 1992, shall be for activities in support of State and local housing strategies authorized under part C of this subchapter.”
42 U.S.C. § 12725 (THE PUBLIC HEALTH AND WELFARE)
§ 12725. Notice
The Secretary shall issue regulations to implement the provisions of this subchapter after notice and an opportunity for comment pursuant to section 553 of title 5. Such regulations shall become effective not later than 180 days after November 28, 1990.
(Pub. L. 101–625, title II, § 206, Nov. 28, 1990, 104 Stat. 4096.)
42 U.S.C. § 12741 (THE PUBLIC HEALTH AND WELFARE)
§ 12741. Authority
The Secretary is authorized to make funds available to participating jurisdictions for investment to increase the number of families served with decent, safe, sanitary, and affordable housing and expand the long-term supply of affordable housing in accordance with provisions of this part.
(Pub. L. 101–625, title II, § 211, Nov. 28, 1990, 104 Stat. 4096.)
42 U.S.C. § 12743 (THE PUBLIC HEALTH AND WELFARE)
§ 12743. Development of model programs
(a) In general
The Secretary shall—
(1) in cooperation with participating jurisdictions, government-sponsored mortgage finance corporations, nonprofit organizations, the private sector, and other appropriate parties, develop, test, evaluate, refine, and, as necessary, replace a selection of model programs designed to carry out the purposes of this subchapter;
(2) make available to participating jurisdictions alternative model programs, which shall include suggested guidelines, procedures, forms, legal documents and such other elements as the Secretary determines to be appropriate;
(3) assure, insofar as is feasible, the availability of an appropriate variety of model programs designed for local market conditions, housing problems, project characteristics, and managerial capacities as they differ among participating jurisdictions;
(4) negotiate and enter into agreements with agencies of the Federal Government, participating jurisdictions, private financial institutions, government-sponsored mortgage finance corporations, nonprofit organizations, and other entities to provide such services, products, or financing as may be required for the implementation of a model program;
(5) provide detailed information on model programs as requested by participating jurisdictions, private financial institutions, developers, nonprofit organizations, and other interested parties; and
(6) encourage the use of such model programs to achieve efficiency, economies of scale, and effectiveness in the investment of funds made available under this part through third-party training, printed materials, and such other means of support as the Secretary determines will achieve the purpose of this subchapter.
(b) Adoption of programs
Except as provided in section 12753(2) of this title, each participating jurisdiction shall have the discretion to adopt one or more model programs, adapt one or more model programs to its own requirements, design additional forms of assistance by itself or in cooperation with other participating jurisdictions, and suggest additional model programs for adoption by the Secretary as the participating jurisdiction may deem appropriate, and the Secretary may assist a participating jurisdiction in adopting, adapting, or designing one or more model programs.
(c) Part D programs
The selection of model programs to be made available for adoption or adaptation shall include programs meeting the criteria set forth in part D of this subchapter.
(Pub. L. 101–625, title II, § 213, Nov. 28, 1990, 104 Stat. 4100.)
42 U.S.C. § 12749 (THE PUBLIC HEALTH AND WELFARE)
§ 12749. Repayment of investment
(a) In general
Any repayment of funds drawn from a jurisdiction’s HOME Investment Trust Fund, and any payment of interest or other return on the investment of such funds, shall be deposited in such jurisdiction’s HOME Investment Trust Fund, except that, if the jurisdiction is not a participating jurisdiction when such payment or repayment is made, the amount of such payment or repayment shall be reallocated in accordance with section 12747(d) of this title.
(b) Assurance of repayment
Each participating jurisdiction shall enter into an agreement with the Secretary ensuring that funds invested in affordable housing under this part are repayable when the housing no longer qualifies as affordable housing. Any repayment under the previous sentence shall be for deposit in the HOME Investment Trust Fund of the jurisdiction making the investment; except that if such jurisdiction is not a participating jurisdiction when such repayment is made, the amount of such repayment shall be reallocated in accordance with section 12747(d) of this title.
(c) Availability
The Secretary shall take such actions as are necessary to ensure that any repayments deposited in a HOME Investment Trust Fund in accordance with this section shall be immediately available to the participating jurisdiction for investment subject to the provisions of this part that apply to funds that are allocated under section 12747 of this title. Actions authorized under the preceding sentence may include authorizing the establishment for a participating jurisdiction of a HOME Investment Trust Fund account outside of the Federal Government that, under arrangements satisfactory to the Secretary, shall be used solely to invest in affordable housing within the participating jurisdiction’s boundaries in accordance with the provisions of this subchapter. Such accounts shall be established in such a manner that repayments are not receipts or collections of the Federal Government.
(Pub. L. 101–625, title II, § 219, Nov. 28, 1990, 104 Stat. 4110.)
42 U.S.C. § 12751 (THE PUBLIC HEALTH AND WELFARE)
§ 12751. Private-public partnership
Each participating jurisdiction shall make all reasonable efforts, consistent with the purposes of this subchapter, to maximize participation by the private sector, including nonprofit organizations and for-profit entities, in the implementation of the jurisdiction’s housing strategy, including participation in the financing, development, rehabilitation and management of affordable housing. Nothing in the previous sentence shall preclude public housing authorities from fully participating in the implementation of a jurisdiction’s housing strategy.
(Pub. L. 101–625, title II, § 221, Nov. 28, 1990, 104 Stat. 4112.)
42 U.S.C. § 12752 (THE PUBLIC HEALTH AND WELFARE)
§ 12752. Distribution of assistance
(a) Local
Each participating jurisdiction shall, insofar as is feasible, distribute assistance under this part geographically within its boundaries and among different categories of housing need, according to the priorities of housing need identified in the jurisdiction’s approved housing strategy.
(b) State
Participating States shall be responsible for distributing assistance throughout the State according to the State’s assessment of the geographical distribution of the housing need within the State, as identified in the State’s approved housing strategy. Participating States shall distribute assistance to rural areas in amounts that take into account the nonmetropolitan share of the State’s total population and objective measures of rural housing need, such as poverty and substandard housing, as set forth in the State’s housing strategy approved under section 12705 of this title. To the extent the need is within the boundaries of a participating unit of general local government, the State and the unit of general local government shall coordinate activities to address that need.
(Pub. L. 101–625, title II, § 222, Nov. 28, 1990, 104 Stat. 4112.)
42 U.S.C. § 12753 (THE PUBLIC HEALTH AND WELFARE)
§ 12753. Penalties for misuse of funds
If the Secretary finds after reasonable notice and opportunity for hearing that a participating jurisdiction has failed to comply substantially with any provision of this part and until the Secretary is satisfied that there is no longer any such failure to comply, the Secretary shall reduce the line of credit in the participating jurisdiction’s HOME Investment Trust Fund by the amount of any expenditures that were not in accordance with the requirements of this subchapter, and the Secretary may—
(1) prevent withdrawals from the participating jurisdiction’s HOME Investment Trust Fund for activities affected by such failure to comply;
(2) restrict the participating jurisdiction’s activities under this subchapter to activities that conform to one or more model programs made available under section 12743 of this title; or
(3) remove the participating jurisdiction from participation in allocations or reallocations of funds made available under this part.
(Pub. L. 101–625, title II, § 223, Nov. 28, 1990, 104 Stat. 4112.)
42 U.S.C. § 12754 (THE PUBLIC HEALTH AND WELFARE)
§ 12754. Limitation on jurisdictions under court order
(a) In general
Notwithstanding any other provision of this Act, the Secretary shall ensure that funds provided under this part are not employed to carry out housing remedies or to pay fines, penalties, or costs associated with an action in which—
(1) a participating jurisdiction has been adjudicated, by a Federal, State, or local court, to be in violation of title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Fair Housing Act [42 U.S.C. 3601 et seq.], or any other Federal, State, or local law promoting fair housing or prohibiting discrimination, or
(2) a settlement has been entered into in any case where claims of such violations have been asserted against a participating jurisdiction, except to the extent permitted by subsection (b) of this section.
(b) Remedial use of funds permitted
In the case of settlement described in subsection (a)(2) of this section, a jurisdiction may use funds provided under this Act to carry out housing remedies with eligible activities.
(Pub. L. 101–625, title II, § 224, Nov. 28, 1990, 104 Stat. 4113.)
heading: References in Text
text: This Act, referred to in text, 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.
The Civil Rights Act of 1964, referred to in subsec. (a)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.
The Fair Housing Act, referred to in subsec. (a)(1), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, as amended, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables.
42 U.S.C. § 12755 (THE PUBLIC HEALTH AND WELFARE)
§ 12755. Tenant and participant protections
(a) Lease
The lease between a tenant and an owner of affordable housing assisted under this subchapter for rental shall be for not less than one year, unless by mutual agreement between the tenant and the owner, and shall contain such terms and conditions as the Secretary shall determine to be appropriate.
(b) Termination of tenancy
An owner shall not terminate the tenancy or refuse to renew the lease of a tenant of rental housing assisted under this subchapter except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause. Any termination or refusal to renew must be preceded by not less than 30 days by the owner’s service upon the tenant of a written notice specifying the grounds for the action.
(c) Maintenance and replacement
The owner of rental housing assisted under this subchapter shall maintain the premises in compliance with all applicable housing quality standards and local code requirements.
(d) Tenant selection
The owner of rental housing assisted under this subchapter shall adopt written tenant selection policies and criteria that—
(1) are consistent with the purpose of providing housing for very low-income and low-income families,
(2) are reasonably related to program eligibility and the applicant’s ability to perform the obligations of the lease,
(3) give reasonable consideration to the housing needs of families that would have a preference under section 1437d(c)(4)(A) of this title, and
(4) provide for (A) the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable, and (B) for 2 the prompt notification in writing of any rejected applicant of the grounds for any rejection.
(Pub. L. 101–625, title II, § 225, Nov. 28, 1990, 104 Stat. 4113.)
42 U.S.C. § 12756 (THE PUBLIC HEALTH AND WELFARE)
§ 12756. Monitoring of compliance
(a) Enforceable agreements
Each participating jurisdiction, through binding contractual agreements with owners and otherwise, shall ensure long-term compliance with the provisions of this subchapter. Such measures shall provide for (1) enforcement of the provisions of this subchapter by the jurisdiction or by the intended beneficiaries, and (2) remedies for the breach of such provisions.
(b) Periodic monitoring
Each participating jurisdiction, not less frequently than annually, shall review the activities of owners of affordable housing assisted under this subchapter for rental to assess compliance with the requirements of this subchapter. Such review shall include on-site inspection to determine compliance with housing codes and other applicable regulations. The results of each review shall be included in the jurisdiction’s performance report submitted to the Secretary under section 12708(a) of this title and made available to the public.
(c) Special procedures for certain projects
In the case of small-scale or scattered site housing, the Secretary may provide for such streamlined procedures for achieving the purposes of this section as the Secretary determines to be appropriate.
(Pub. L. 101–625, title II, § 226, Nov. 28, 1990, 104 Stat. 4114.)