dreamproit/uscode huggingface dataset:
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. Such 30-day waiting period is not required if the grounds for the termination or refusal to renew involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with the requirements of State or local law).
(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; Pub. L. 114–113, div. L, title II, § 235, Dec. 18, 2015, 129 Stat. 2896.)
heading: Editorial Notes
heading: Amendments
text: 2015—Subsec. (b). Pub. L. 114–113 inserted at end “Such 30-day waiting period is not required if the grounds for the termination or refusal to renew involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with the requirements of State or local law).”
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
heading: Amendments
text: 1992—Par. (6). Pub. L. 102–550 added par. (6).
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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. § 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: Statutory Notes and Related Subsidiaries
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. § 12821 (THE PUBLIC HEALTH AND WELFARE)
§ 12821. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 101–625, title II, § 271, Nov. 28, 1990, 104 Stat. 4124; Pub. L. 108–186, title I, § 102, Dec. 16, 2003, 117 Stat. 2686; Pub. L. 111–8, div. I, title II, § 229(4), Mar. 11, 2009, 123 Stat. 978, which related to downpayment assistance toward the purchase of single family housing, was omitted from the Code upon the expiration of Secretary’s authority on Dec. 31, 2011, to make grants to participating jurisdictions to assist low-income families to achieve homeownership.
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) 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: Editorial Notes
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.
42 U.S.C. § 12832 (THE PUBLIC HEALTH AND WELFARE)
§ 12832. Nondiscrimination
No person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this subchapter. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in section 794 of title 29 shall also apply to any such program or activity. The Secretary may waive this section in connection with the use of funds made available under this subchapter on lands set aside under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108).
(Pub. L. 101–625, title II, § 282, Nov. 28, 1990, 104 Stat. 4125; Pub. L. 104–204, title II, § 213, Sept. 26, 1996, 110 Stat. 2904.)
heading: Editorial Notes
heading: References in Text
text: The Age Discrimination Act of 1975, referred to in text, is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, as amended, which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables.
The Hawaiian Homes Commission Act, 1920, referred to in text, is act July 9, 1921, ch. 42, 42 Stat. 108, as amended, which was classified generally to sections 691 to 718 of Title 48, Territories and Insular Possessions, and was omitted from the Code.
heading: Amendments
text: 1996—Pub. L. 104–204 inserted at end “The Secretary may waive this section in connection with the use of funds made available under this subchapter on lands set aside under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108).”
42 U.S.C. § 12834 (THE PUBLIC HEALTH AND WELFARE)
§ 12834. Uniform recordkeeping and reports to Congress
(a) Uniform requirements
The Secretary shall develop and establish uniform recordkeeping, performance reporting, and auditing requirements for use by participating jurisdictions.
(b) Omitted
(Pub. L. 101–625, title II, § 284, Nov. 28, 1990, 104 Stat. 4126.)
heading: Editorial Notes
heading: Codification
text: Subsec. (b) of this section, which required the Secretary to make an annual report to Congress that summarizes and assesses the results of reports provided under this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 3rd item on page 102 of House Document No. 103–7.
42 U.S.C. § 12836 (THE PUBLIC HEALTH AND WELFARE)
§ 12836. Labor
(a) In general
Any contract for the construction of affordable housing with 12 or more units assisted with funds made available under this part shall contain a provision requiring that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to sections 3141–3144, 3146, and 3147 of title 40, shall be paid to all laborers and mechanics employed in the development of affordable housing involved, and participating jurisdictions shall require certification as to compliance with the provisions of this section prior to making any payment under such contract.
(b) Waiver
Subsection (a) shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and such persons are not otherwise employed at any time in the construction work.
(Pub. L. 101–625, title II, § 286, Nov. 28, 1990, 104 Stat. 4126.)
heading: Editorial Notes
heading: Codification
text: In subsec. (a), “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act (40 U.S.C. 276a—276a–5)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.