CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES -->
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12701 -->
The Congress affirms the national goal that every American family be able to afford a decent home in a suitable environment.
title I, §101, Dec. 16, 2003, 117 Stat. 2685 , provided that: "This title [amending part E of subchapter II of this chapter] may be cited as the 'American Dream Downpayment Act'."
title I, §101, Dec. 27, 2000, 114 Stat. 2946 , provided that: "This title [amending sections 5307, 12705c, and 12705d of this title ] may be cited as the 'Housing Affordability Barrier Removal Act of 2000'."
§1(a), Nov. 28, 1990, 104 Stat. 4079 , provided that: "This Act [see Tables for classification] may be cited as the 'Cranston-Gonzalez National Affordable Housing Act'."
title II, §201, Nov. 28, 1990, 104 Stat. 4094 , provided that: "This title [enacting subchapter II of this chapter, amending section 1437f of this title , and repealing sections 1437o and 1452b of this title , section 1706e of Title 12 , Banks and Banking, and provisions set out as a note under section 1715l of Title 12 ] may be cited as the 'HOME Investment Partnerships Act'."
title III, §301, Nov. 28, 1990, 104 Stat. 4129 , provided that: "This subtitle [subtitle A (§§301–310) of title III of
enacting subchapter III of this chapter] may be cited as the 'National Homeownership Trust Act'."
title II, Nov. 26, 2001, 115 Stat. 671 , provided for necessary expenses of the Millennial Housing Commission and set a revised final report due date of May 30, 2002, and Commission termination date of Aug. 30, 2002.
§1(a)(4) [div. B, title X, §1001], Dec. 21, 2000, 114 Stat. 2763 , 2763A-310, established the Millennial Housing Commission to study and report back to Congress on improving Federal housing policy.
title II, Nov. 26, 2001, 115 Stat. 671 , provided for necessary expenses of the Commission on Affordable Housing and Health Facility Needs for Seniors in the 21st Century and set a revised final report due date of June 30, 2002, and Commission termination date of Sept. 30, 2002.
§1(a)(1) [title II, §230], Oct. 27, 2000, 114 Stat. 1441 , 1441A-31, established the Commission on Affordable Housing and Health Facility Needs for Seniors in the 21st Century to study and report back to Congress on housing and health care facility needs for seniors.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12702 -->
The objective of national housing policy shall be to reaffirm the long-established national commitment to decent, safe, and sanitary housing for every American by strengthening a nationwide partnership of public and private institutions able—
(1) to ensure that every resident of the United States has access to decent shelter or assistance in avoiding homelessness;
(2) to increase the Nation's supply of decent housing that is affordable to low-income and moderate-income families and accessible to job opportunities;
(3) to improve housing opportunities for all residents of the United States, particularly members of disadvantaged minorities, on a nondiscriminatory basis;
(4) to help make neighborhoods safe and livable;
(5) to expand opportunities for homeownership;
(6) to provide every American community with a reliable, readily available supply of mortgage finance at the lowest possible interest rates; and
(7) to encourage tenant empowerment and reduce generational poverty in federally assisted and public housing by improving the means by which self-sufficiency may be achieved.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12703 -->
The purposes of this Act are—
(1) to help families not owning a home to save for a down payment for the purchase of a home;
(2) to retain wherever feasible as housing affordable to low-income families those dwelling units produced for such purpose with Federal assistance;
(3) to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and nonprofit organizations, in the production and operation of housing affordable to low-income and moderate-income families;
(4) to expand and improve Federal rental assistance for very low-income families; and
(5) to increase the supply of supportive housing, which combines structural features and services needed to enable persons with special needs to live with dignity and independence.
This Act, referred to in text, is
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.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12704 -->
As used in this subchapter and in subchapter II:
(1) The term "unit of general local government" means a city, town, township, county, parish, village, or other general purpose political subdivision of a State; the Federated States of Micronesia and Palau, the Marshall Islands, or a general purpose political subdivision thereof; a consortium of such political subdivisions recognized by the Secretary in accordance with section 12746(2) of this title ; and any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this Act.
(2) The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act.
(3) The term "jurisdiction" means a State or unit of general local government.
(4) The term "participating jurisdiction" means any State or unit of general local government that has been so designated in accordance with section 12746 of this title .
(5) The term "nonprofit organization" means any private, nonprofit organization (including a State or locally chartered, nonprofit organization) that—
(A) is organized under State or local laws,
(B) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual,
(C) complies with standards of financial accountability acceptable to the Secretary, and
(D) has among its purposes significant activities related to the provision of decent housing that is affordable to low-income and moderate-income persons.
(6) The term "community housing development organization" means a nonprofit organization as defined in paragraph (5), that—
(A) has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons;
(B) maintains, through significant representation on the organization's governing board and otherwise, accountability to low-income community residents and, to the extent practicable, low-income beneficiaries with regard to decisions on the design, siting, development, and management of affordable housing;
(C) has a demonstrated capacity for carrying out activities assisted under this Act; and
(D) has a history of serving the local community or communities within which housing to be assisted under this Act is to be located.
In the case of an organization serving more than one county, the Secretary may not require that such organization, to be considered a community housing development organization for purposes of this Act, include as members on the organization's governing board low-income persons residing in each county served.
(7) The term "government-sponsored mortgage finance corporations" means the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Agricultural Mortgage Corporation.
(8) The term "housing" includes manufactured housing and manufactured housing lots and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings.
(9) The term "very low-income families" means low-income families whose incomes do not exceed 50 percent of the median family 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 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.
(10) The term "low-income families" means 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 for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.
(11) The term "families" has the same meaning given that term by section 1437a of this title .
(12) The term "security" has the same meaning as in section 77b of title 15 .
(13) The term "displaced homemaker" means an individual who—
(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.
(14) The term "first-time homebuyer" means an individual and his or her spouse who have not owned a home during the 3-year period prior to purchase of a home with assistance under subchapter II, except that—
(A) any individual who is a displaced homemaker may not be excluded from consideration as a first-time homebuyer under this paragraph 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;
(B) any individual who is a single parent may not be excluded from consideration as a first-time homebuyer under this paragraph 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; and
(C) an individual shall not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual owns or owned, as a principal residence during such 3-year period, a dwelling unit whose structure is—
(i) not permanently affixed to a permanent foundation in accordance with local or other applicable regulations, or
(ii) not in compliance with State, local, or model building codes, or other applicable codes, and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure.
(15) 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
(16) The term "Secretary" means the Secretary of Housing and Urban Development, unless otherwise specified in this Act.
(17) The term "substantial rehabilitation" means the rehabilitation of residential property at an average cost in excess of $25,000 per dwelling unit.
(18) The term "public housing agency" has the meaning given the term in section 1437a(b) of this title .
(19) The term "metropolitan city" has the meaning given the term in section 5302(a)(4) of this title .
(20) The term "urban county" has the meaning given the term in section 5302(a)(6) of this title .
(21) The term "certification" means a written assertion, based on supporting evidence, which shall be kept available for inspection by the Secretary, the Inspector General and the public, which assertion shall be deemed to be accurate for purposes of this Act, unless the Secretary determines otherwise after inspecting the evidence and providing due notice and opportunity for comment.
(23) 1 The term "to demonstrate to the Secretary" means to submit to the Secretary a written assertion together with supporting evidence that, in the determination of the Secretary, supports the accuracy of the assertion.
(24) 2 The term "insular area" means any of the following: Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.
(24) 2 The term "energy efficient mortgage" means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.
(25) The term "energy efficient mortgage" means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.
This Act, referred to in pars. (1), (2), (6), (16), and (21), is
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.
struck out "and" after "Columbia," and inserted before period at end ", or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act".
§211(a)(1), amended this section to read as if amendment made by
§2(1), had not been enacted. See 1991 Amendment note below.
§217(a), inserted concluding provisions.
§218, inserted before period at end "and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings".
§219, added subpar. (C).
§211(a)(1), amended this section to read as if amendment made by
§2(2), had not been enacted. See 1991 Amendment note below.
added par. (24) defining "energy efficient mortgage".
§914(a), added par. (25).
§2(1), directed the substitution of "the insular areas" for "Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia and Palau, the Marshall Islands". See 1992 Amendment note above.
struck out "Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa," after "of a State;".
§2(2), directed the addition of a par. (24) to read as follows: "(24) The term 'insular areas' means Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa." See 1992 Amendment note above.
added par. (24) defining "insular area".
applicable with respect to any amounts made available to carry out subchapter II (§12721 et seq.) of this chapter after Apr. 11, 1994, and any amounts made available to carry out that subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period beginning on that date, see section 209 of
set out as a note under section 5301 of this title .
title II, §211(b), Oct. 28, 1992, 106 Stat. 3757 , provided that: "The amendments made by subsection (a) [amending this section and section 12747 of this title ] shall apply with respect to fiscal year 1993 and thereafter."
title II, §223, Oct. 28, 1992, 106 Stat. 3762 , provided that: "The amendments made by this title [enacting section 12810 of this title and amending this section and sections 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title ] shall apply to unexpended funds allocated under title II of the Cranston-Gonzalez National Affordable Housing Act [ 42 U.S.C. 12721 et seq. ] in fiscal year 1992, except as otherwise specifically provided."
title II, §222, Oct. 28, 1992, 106 Stat. 3762 , provided that: "The Secretary of Housing and Urban Development shall issue any final regulations necessary to implement the provisions of this title [enacting section 12810 of this title , amending this section and sections 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title , and enacting provisions set out as notes under this section and sections 12746, 12747, and 12750 of this title ] and the amendments made by this title not later than the expiration of the 180-day period beginning on the date of the enactment of this Act [Oct. 28, 1992], except as expressly provided otherwise in this title and the amendments made by this title. Such regulations shall be issued after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section)."
title II, §217(b), Oct. 28, 1992, 106 Stat. 3760 , provided that: "For the purposes of determining compliance with the requirements of section 104(6) of the Cranston-Gonzalez National Affordable Housing Act [ 42 U.S.C. 12704(6) ], the Secretary of Housing and Urban Development may provide an exception for organizations that meet the definition of community housing development organization, except for significant representation of low-income community residents on the board, if such organization fulfills such requirement within 6 months of receiving funds under title II of such Act [ 42 U.S.C. 12721 et seq. ] or September 30, 1993, whichever is sooner."
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12705 -->
The Secretary shall provide assistance directly to a jurisdiction only if—
(1) the jurisdiction submits to the Secretary a comprehensive housing affordability strategy (hereafter in this section referred to as the "housing strategy");
(2) the jurisdiction submits annual updates of the housing strategy; and
(3) the housing strategy, and any annual update of such strategy, is approved by the Secretary.
The Secretary shall establish such dates and manner for the submission and approval of housing strategies under this section that the Secretary determines will facilitate orderly program management by jurisdictions and provide for timely investment or other use of funds made available under subchapter II of this chapter and other programs requiring submission of a housing strategy. If the Secretary finds there is good cause, the Secretary may provide reasonable extensions of any deadlines for submission of a jurisdiction's housing strategy.
A housing strategy submitted under this section shall be in a form that the Secretary determines to be appropriate for the assistance the jurisdiction may be provided and shall—
(1) describe the jurisdiction's estimated housing needs projected for the ensuing 5-year period, and the jurisdiction's need for assistance for very low-income, low-income, and moderate-income families, specifying such needs for different types of tenure and for different categories of residents, such as very low-income, low-income, and moderate-income families, the elderly, persons with disabilities, single persons, large families, residents of nonmetropolitan areas, families who are participating in an organized program to achieve economic independence and self-sufficiency, persons with acquired immunodeficiency syndrome, victims of domestic violence, dating violence, sexual assault, and stalking and other categories of persons residing in or expected to reside in the jurisdiction that the Secretary determines to be appropriate;
(2) describe the nature and extent of homelessness, including rural homelessness, within the jurisdiction, providing an estimate of the special needs of various categories of persons who are homeless or threatened with homelessness, including tabular representation of such information, and a description of the jurisdiction's strategy for (A) helping low-income families avoid becoming homeless; (B) addressing the emergency shelter and transitional housing needs of homeless persons (including a brief inventory of facilities and services that meet such needs within that jurisdiction); and (C) helping homeless persons make the transition to permanent housing and independent living;
(3) describe the significant characteristics of the jurisdiction's housing market, indicating how those characteristics will influence the use of funds made available for rental assistance, production of new units, rehabilitation of old units, or acquisition of existing units;
(4) explain whether the cost of housing or the incentives to develop, maintain, or improve affordable housing in the jurisdiction are affected by public policies, particularly by policies of the jurisdiction, including tax policies affecting land and other property, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on residential investment, and describe the jurisdiction's strategy to remove or ameliorate negative effects, if any, of such policies, except that, if a State requires a unit of general local government to submit a regulatory barrier assessment that is substantially equivalent to the information required under this paragraph, as determined by the Secretary, the unit of general local government may submit its assessment submitted to the State to the Secretary and shall be considered to have complied with this paragraph;
(5) explain the institutional structure, including private industry, nonprofit organizations, and public institutions, through which the jurisdiction will carry out its housing strategy, assessing the strengths and gaps in that delivery system and describing what the jurisdiction will do to overcome those gaps;
(6) indicate resources from private and non-Federal public sources that are reasonably expected to be made available to carry out the purposes of this Act, explaining how funds made available will leverage those additional resources and identifying, where the jurisdiction deems it appropriate, publicly owned land or property located within the jurisdiction that may be utilized to carry out the purposes of this Act;
(7) set forth the jurisdiction's plan for investment or other use of housing funds made available under subchapter II of this chapter, the United States Housing Act of 1937 [ 42 U.S.C. 1437 et seq. ], the Housing and Community Development Act of 1974, and the McKinney-Vento Homeless Assistance Act [ 42 U.S.C. 11301 et seq. ], during the ensuing year or such longer period as the Secretary determines to be appropriate, indicating the general priorities for allocating investment geographically within the jurisdiction and among different activities and housing needs;
(8) describe how the jurisdiction's plan will address the housing needs identified pursuant to subparagraphs 1 (1) and (2), describe the reasons for allocation priorities, and identify any obstacles to addressing underserved needs;
(9) describe the means of cooperation and coordination among the State and any units of general local government in the development, submission, and implementation of their housing strategies;
(10) in the case of a unit of local government, describe the number of public housing units in the jurisdiction, the physical condition of such units, the restoration and revitalization needs of public housing projects within the jurisdiction, the public housing agency's strategy for improving the management and operation of such public housing, and the public housing agency's strategy for improving the living environment of low- and very-low-income families residing in public housing;
(11) describe the manner in which the plan of the jurisdiction will help address the needs of public housing;
(12) in the case of a State, describe the strategy to coordinate the Low-Income Tax Credit with development of housing, including public housing, that is affordable to very low-income and low-income families;
(13) describe the jurisdiction's activities to encourage public housing residents to become more involved in management and participate in homeownership;
(14) describe the standards and procedures according to which the jurisdiction will monitor activities authorized under this Act and ensure long-term compliance with the provisions of this Act;
(15) include a certification that the jurisdiction will affirmatively further fair housing;
(16) include a certification that the jurisdiction has in effect and is following a residential antidisplacement and relocation assistance plan that, in any case of any such displacement in connection with any activity assisted with amounts provided under subchapter II, requires the same actions and provides the same rights as required and provided under a residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 [ 42 U.S.C. 5304(d) ] in the event of displacement in connection with a development project assisted under section 106 or 119 of such Act [ 42 U.S.C. 5306, 5318 ];
(17) estimate the number of housing units within the jurisdiction that are occupied by low-income families or very low-income families and that contain lead-based paint hazards, as defined in section 4851b of this title , outline the actions proposed or being taken to evaluate and reduce lead-based paint hazards, and describe how lead-based paint hazard reduction will be integrated into housing policies and programs;
(18) include the number of families to whom the jurisdiction will provide affordable housing as defined in section 12745 of this title using funds made available;
(19) for any housing strategy submitted for fiscal year 1994 or any fiscal year thereafter and taking into consideration factors over which the jurisdiction has control, describe the jurisdiction's goals, programs, and policies for reducing the number of households with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually), and, in consultation with other appropriate public and private agencies, state how the jurisdiction's goals, programs, and policies for producing and preserving affordable housing set forth in the housing strategy will be coordinated with other programs and services for which the jurisdiction is responsible and the extent to which they will reduce (or assist in reducing) the number of households with incomes below the poverty line; and
(20) describe the jurisdictions activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health, and service agencies.
The Secretary may provide for the submission of abbreviated housing strategies by jurisdictions that are not otherwise expected to be participating jurisdictions under subchapter II of this chapter. Such an abbreviated housing strategy shall be appropriate to the types and amounts of assistance the jurisdiction is to receive as determined by the Secretary.
The Secretary shall review the housing strategy upon receipt. Not later than 60 days after receipt by the Secretary, the housing strategy shall be approved unless the Secretary determines before that date that (A) the housing strategy is inconsistent with the purposes of this Act, or (B) the information described in subsection (b) has not been provided in a substantially complete manner. For the purpose of the preceding sentence, the adoption or continuation of a public policy identified pursuant to subsection (b)(4) shall not be a basis for the Secretary's disapproval of a housing strategy. During the 18-month period following November 28, 1990, the Secretary may extend the review period to not longer than 90 days.
If the Secretary disapproves the housing strategy, the Secretary shall immediately notify the jurisdiction of such disapproval. Not later than 15 days after the Secretary's disapproval, the Secretary shall inform the jurisdiction in writing of (A) the reasons for disapproval, and (B) actions that the jurisdiction could take to meet the criteria for approval. If the Secretary fails to inform the jurisdiction of the reasons for disapproval within such 15-day period, the housing strategy shall be deemed to have been approved.
The Secretary shall, for a period of not less than 45 days following the date of first disapproval, permit amendments to, or the resubmission of, any housing strategy that is disapproved. The Secretary shall approve or disapprove a housing strategy not less than 30 days after receipt of such amendments or resubmission.
The Secretary may establish such requirements as the Secretary deems appropriate to encourage coordination between and among the housing strategies of a State and any participating jurisdictions within the State, except that a unit of general local government shall not be required to have elements of its housing strategy approved by the State.
When preparing a housing strategy for submission under this section, a jurisdiction shall make reasonable efforts to confer with appropriate social service agencies regarding the housing needs of children, elderly persons, persons with disabilities, homeless persons, and other persons served by such agencies.
When preparing that portion of a housing strategy required by subsection (b)(16), a jurisdiction shall consult with State or local health and child welfare agencies and examine existing data related to lead-based paint hazards and poisonings, including health department data on the addresses of housing units in which children have been identified as lead poisoned.
Not later than 4 months after completion of the final report of the Secretary's Advisory Commission on Regulatory Barriers to Affordable Housing, the Secretary shall submit to the Congress a written report outlining the Secretary's recommendations for legislative and administrative actions to facilitate the removal or modification of excessive, duplicative, or unnecessary regulations or other requirements of Federal, State, or local governments that (1) inflate the costs of or otherwise inhibit the construction, rehabilitation, or management of housing, particularly housing that otherwise could be affordable to low-income and moderate-income families, or (2) contribute to economic or racial discrimination.
The comprehensive housing affordability strategy (or any consolidated plan incorporating such strategy) for the State or unit of general local government in which any troubled public housing agency is located shall not be considered to comply with the requirements under this section unless such plan includes a description of the manner in which the State or unit will provide financial or other assistance to such troubled agency in improving its operations to remove such designation.
For purposes of this subsection, the term "troubled public housing agency" means a public housing agency that, upon the effective date of the Quality Housing and Work Responsibility Act of 1998, is designated under section 6(j)(2) of the United States Housing Act of 1937 [ 42 U.S.C. 1437d(j)(2) ] as a troubled public housing agency.
This Act, referred to in subsecs. (b)(6), (14) and (c)(1), is
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 United States Housing Act of 1937, referred to in subsec. (b)(7), is act Sept. 1, 1937, ch. 896, as revised generally by
title II, §201(a), Aug. 22, 1974, 88 Stat. 653 , which is classified generally to chapter 8 (§1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.
The Housing and Community Development Act of 1974, referred to in subsec. (b)(7), is
Aug. 22, 1974, 88 Stat. 633 . For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (b)(7), is
July 22, 1987, 101 Stat. 482 , which is classified principally to chapter 119 (§11301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables.
The effective date of the Quality Housing and Work Responsibility Act of 1998, referred to in subsec. (g)(2), probably means the general effective date for title V of
included in section 503 of
which is set out as an Effective Date of 1998 Amendment note under section 1437 of this title .
2006—Subsec. (b)(1).
inserted "victims of domestic violence, dating violence, sexual assault, and stalking" after "immunodeficiency syndrome,".
2000—Subsec. (b)(7).
substituted "McKinney-Vento Homeless Assistance Act" for "Stewart B. McKinney Homeless Assistance Act".
1998—Subsec. (b).
§583(1), transferred flush provisions relating to abbreviated housing strategies to end of subsection to follow last numbered paragraph.
Subsec. (b)(11) to (15).
§583(6), (7), added par. (11) and redesignated former pars. (11) to (14) as (12) to (15), respectively. Former par. (15) redesignated (16).
§583(6), redesignated par. (15) as (16). Former par. (16), relating to housing units that contain lead-based paint hazards, redesignated (17), and former par. (16), relating to number of families to whom jurisdiction will provide affordable housing, redesignated (18).
§583(5)(A), substituted "programs;" for "programs." in par. (16) relating to housing units that contain lead-based paint hazards.
§583(4)(A), struck out "and" at end of par. (16) relating to number of families to whom jurisdiction will provide affordable housing.
§583(5)(B), redesignated par. (16), relating to housing units that contain lead-based paint hazards, as (17). Former par. (17), relating to reducing the number of households within a jurisdiction with incomes below the poverty line, redesignated (19), and former par. (17), relating to activities to enhance coordination, redesignated (20).
§583(4)(B), redesignated par. (16), relating to number of families to whom jurisdiction will provide affordable housing, as (18).
§583(3), redesignated par. (17), relating to reducing the number of households within a jurisdiction with incomes below the poverty line, as (19).
§583(2), redesignated par. (17), relating to activities to enhance coordination, as (20).
§568, added subsec. (g).
1992—Subsec. (b)(1).
§681(1), inserted "persons with disabilities," after "the elderly,".
§220(a), inserted ", including rural homelessness," after "extent of homelessness" and "including tabular representation of such information," after "with homelessness,".
§1206, inserted before semicolon at end ", except that, if a State requires a unit of general local government to submit a regulatory barrier assessment that is substantially equivalent to the information required under this paragraph, as determined by the Secretary, the unit of general local government may submit its assessment submitted to the State to the Secretary and shall be considered to have complied with this paragraph".
§220(c)(2), added par. (8). Former par. (8) redesignated (9).
Subsec. (b)(9) to (13).
§220(c)(1), redesignated pars. (8) to (12) as (9) to (13), respectively. Former par. (13) redesignated (14).
§220(c)(1), redesignated par. (13) as (14). Former par. (14) redesignated (15).
§220(b)(1), added par. (14) and struck out former par. (14) which read as follows: "include a certification that the jurisdiction is in compliance with a residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (to the extent that such a plan applies to the jurisdiction); and".
§220(c)(1), redesignated par. (14) as (15). Former par. (15) redesignated (16).
§1014(3), added par. (16) relating to housing units that contain lead-based paint hazards.
§220(c)(1), redesignated par. (15) as (16). Former par. (16) redesignated (17).
§220(b)(3), added at end par. (16) relating to reducing the number of households within a jurisdiction with incomes below the poverty line.
§681(2), which directed amendment of subsec. (b) by adding "after paragraph (16), as added by the preceding provisions of this Act", a new par. (17) relating to activities to enhance coordination, was executed by adding that par. (17) after par. (17) (formerly par. (16), relating to reducing the number of households within a jurisdiction with incomes below the poverty line, to reflect the probable intent of Congress.
§220(c)(1), redesignated par. (16), relating to reducing the number of households within a jurisdiction with incomes below the poverty line, as (17).
§1014(4), designated existing provisions as par. (1), inserted heading, and added par. (2).
Amendment by title V of
effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of
set out as a note under section 1437 of this title .
Amendment by section 220 of
applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of
set out as a note under section 12704 of this title .
Amendment by subtitles B through F of title VI [§§621–685] of
applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as otherwise provided, see section 13642 of this title .
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12705a -->
The purposes of sections 12705a to 12705d of this title are—
(1) to encourage State and local governments to further identify and remove regulatory barriers to affordable housing (including barriers that are excessive, unnecessary, duplicative, or exclusionary) that significantly increase housing costs and limit the supply of affordable housing; and
(2) to strengthen the connection between Federal housing assistance and State and local efforts to identify and eliminate regulatory barriers.
Sections 12705a to 12705d of this title , referred to in text, were in the original "this title", meaning title XII of
Oct. 28, 1992, 106 Stat. 3938 , known as the Removal of Regulatory Barriers to Affordable Housing Act of 1992, which enacted sections 12705a to 12705d of this title , amended sections 5306 and 12705 of this title , and enacted provisions set out as a note below.
Section was enacted as part of the Removal of Regulatory Barriers to Affordable Housing Act of 1992, and also as part of the Housing and Community Development Act of 1992, and not as part of the Cranston-Gonzalez National Affordable Housing Act which comprises this chapter.
title XII, §1201, Oct. 28, 1992, 106 Stat. 3938 , provided that: "This title [enacting this section and sections 12705b to 12705d of this title , amending sections 5306 and 12705 of this title , and enacting provisions set out as a note below] may be cited as the 'Removal of Regulatory Barriers to Affordable Housing Act of 1992'."
title XII, §1207, Oct. 28, 1992, 106 Stat. 3941 , provided that not later than 2 years after Oct. 28, 1992, the Secretary of Housing and Urban Development submit a report to Congress describing any successful State and local strategies for removal of barriers to affordable housing, assessing impact of identified regulatory barriers on housing patterns of minorities, and describing any strategies developed or implemented by Department of Housing and Urban Development for reducing barriers to affordable housing imposed by Federal Government, prior to repeal by
Ex. Ord. No. 13878, June 25, 2019, 84 F.R. 30853, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. For many Americans, access to affordable housing is becoming far too difficult. Rising housing costs are forcing families to dedicate larger shares of their monthly incomes to housing. In 2017, approximately 37 million renter and owner households spent more than 30 percent of their incomes on housing, with more than 18 million spending more than half of their incomes on housing. Between 2001 and 2017, the number of renter households allocating more than half of their incomes toward rent increased by nearly 45 percent. These rising costs are leaving families with fewer resources for necessities such as food, healthcare, clothing, education, and transportation, negatively affecting their quality of life and hindering their access to economic opportunity.
Driving the rise in housing costs is a lack of housing supply to meet demand. Federal, State, local, and tribal governments impose a multitude of regulatory barriers—laws, regulations, and administrative practices—that hinder the development of housing. These regulatory barriers include: overly restrictive zoning and growth management controls; rent controls; cumbersome building and rehabilitation codes; excessive energy and water efficiency mandates; unreasonable maximum-density allowances; historic preservation requirements; overly burdensome wetland or environmental regulations; outdated manufactured-housing regulations and restrictions; undue parking requirements; cumbersome and time-consuming permitting and review procedures; tax policies that discourage investment or reinvestment; overly complex labor requirements; and inordinate impact or developer fees. These regulatory barriers increase the costs associated with development, and, as a result, drive down the supply of affordable housing. They are the leading factor in the growth of housing prices across metropolitan areas in the United States. Many of the markets with the most severe shortages in affordable housing contend with the most restrictive State and local regulatory barriers to development.
These regulatory barriers impede our Nation's economic growth. Hardworking American families struggle to live in markets where there is an insufficient supply of housing—even in markets generating a significant number of jobs. One recent study suggests that certain regulatory restrictions on housing supply have forced workers to live far away from high-productivity areas with the best available jobs, creating a geographic misallocation of labor between cities that may have decreased the annual economic growth rate in the United States by 36 percent between 1964 and 2009.
Low- and middle-income Americans are often hit the hardest by regulatory barriers to housing development. High housing costs place strains on household budgets, limit educational opportunities, impair workforce mobility, slow job creation, and increase financial risks. Furthermore, studies have consistently identified high housing prices as a primary determinant of homelessness, and research has directly linked more stringent housing market regulation to higher homelessness rates.
To help these populations, in 2018, the Federal Government invested more than $46 billion in rental assistance programs for low-income families—much of which grows at approximately 3 percent per annum while assisting a fixed number of households. The Federal Government provides additional housing support through the tax code, with over $9.1 billion in tax expenditures in Low-Income Housing Tax Credits (LIHTC) to developers of low-income housing. Generally, these Federal tax dollars are focused disproportionately on areas with high-cost and highly regulated housing markets.
But to improve housing affordability in a truly sustainable manner, we need innovative solutions—not simply increases in spending and subsidies for Federal housing. These solutions must address the regulatory barriers that are inhibiting the development of housing. If we fail to act, Federal subsidies will only continue to mask the true cost of these onerous regulatory barriers, and, as a result, many Americans will not be able to access the opportunities they deserve.
Sec . 2. Policy. It shall be the policy of my Administration to work with Federal, State, local, tribal, and private sector leaders to address, reduce, and remove the multitude of overly burdensome regulatory barriers that artificially raise the cost of housing development and help to cause the lack of housing supply. Increasing the supply of housing by removing overly burdensome regulatory barriers will reduce housing costs, boost economic growth, and provide more Americans with opportunities for economic mobility. In addition, it will strengthen American communities and the quality of services offered in them by allowing hardworking Americans to live in or near the communities they serve.
Sec . 3. White House Council on Eliminating Regulatory Barriers to Affordable Housing. There is hereby established a White House Council on Eliminating Regulatory Barriers to Affordable Housing (Council). The Council shall be chaired by the Secretary of Housing and Urban Development, or his designee. The Assistant to the President for Domestic Policy and the Assistant to the President for Economic Policy, or their designees, shall be Vice Chairs.
(a) Membership. In addition to the Chair and Vice Chairs, the Council shall consist of the following officials, or their designees:
(i) the Secretary of the Treasury;
(ii) the Secretary of the Interior;
(iii) the Secretary of Agriculture;
(iv) the Secretary of Labor;
(v) the Secretary of Transportation;
(vi) the Secretary of Energy;
(vii) the Administrator of the Environmental Protection Agency;
(viii) the Director of the Office of Management and Budget;
(ix) the Chairman of the Council of Economic Advisers;
(x) the Deputy Assistant to the President and Director of Intergovernmental Affairs; and
(xi) the heads of such other executive departments and agencies (agencies) and offices as the President, Chair, or Vice Chairs may, from time to time, designate or invite, as appropriate.
(b) Administration. The Vice Chairs shall convene regular meetings of the Council, determine its agenda, and direct its work with the oversight of and in consultation with the Chair. The Department of Housing and Urban Development shall provide funding and administrative support for the Council.
Sec . 4. Mission and Functions of the Council. The Council shall work across agencies and offices, with consideration of existing initiatives, to:
(a) solicit feedback from State, local, and tribal government officials, as well as relevant private-sector stakeholders, including developers, homebuilders, creditors, real estate professionals, manufacturers, academic researchers, renters, advocates, and homeowners, to:
(i) identify Federal, State, local, and tribal laws, regulations, and administrative practices that artificially raise the costs of housing development and contribute to shortages in housing supply, and
(ii) identify practices and strategies that most successfully reduce and remove burdensome Federal, State, local, and tribal laws, regulations, and administrative practices that artificially raise the costs of housing development, while highlighting actors that successfully implement such practices and strategies;
(b) evaluate and quantify the effect that various Federal, State, local, and tribal regulatory barriers have on affordable housing development, and the economy in general, and identify ways to improve the data available to the public and private researchers who evaluate such effects, without violating privacy laws or creating unnecessary burdens;
(c) identify and assess the actions each agency can take under existing authorities to minimize Federal regulatory barriers that unnecessarily raise the costs of housing development;
(d) assess the actions each agency can take under existing authorities to align, support, and encourage State, local, and tribal efforts to reduce regulatory barriers that unnecessarily raise the costs of housing development; and
(e) recommend Federal, State, local, and tribal actions and policies that would:
(i) reduce and streamline statutory, regulatory, and administrative burdens at all levels of government that inhibit the development of affordable housing, and
(ii) encourage State, local, and tribal governments to reduce regulatory barriers to the development of affordable housing.
Sec . 5. Reports. The Vice Chairs, on behalf of the Council, and with the oversight of and in consultation with the Chair, shall:
(a) within 12 months of the date of this order [June 25, 2019], submit to the President a report on the Council's implementation of section 4 of this order; and
(b) submit to the President any subsequent report that the President may request or that the Council may deem appropriate.
Sec . 6. Agency Participation and Response. The heads of agencies and offices shall provide such assistance and information to the Council, consistent with applicable law, as may be necessary to carry out the functions of this order.
Sec . 7. Termination. The Council shall terminate on January 21, 2021, unless extended by the President.
Sec . 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12705b -->
For purposes of sections 12705a to 12705d of this title , the terms "regulatory barriers to affordable housing" and "regulatory barriers" mean any public policies (including policies embodied in statutes, ordinances, regulations, or administrative procedures or processes) required to be identified by a jurisdiction in connection with its comprehensive housing affordability strategy under section 12705(b)(4) of this title . Such terms do not include policies relating to rents imposed on a structure by a jurisdiction or policies that have served to create or preserve, or can be shown to create or preserve, housing for low- and very low-income families, including displacement protections, demolition controls, replacement housing requirements, relocation benefits, housing trust funds, dedicated funding sources, waiver of local property taxes and builder fees, inclusionary zoning, rental zoning overlays, long-term use restrictions, and rights of first refusal.
Sections 12705a to 12705d of this title , referred to in text, were in the original "this title", meaning title XII of
Oct. 28, 1992, 106 Stat. 3938 , known as the Removal of Regulatory Barriers to Affordable Housing Act of 1992, which enacted sections 12705a to 12705d of this title , amended sections 5306 and 12705 of this title , and enacted provisions set out as notes under section 12705a of this title .
Section was enacted as part of the Removal of Regulatory Barriers to Affordable Housing Act of 1992, and also as part of the Housing and Community Development Act of 1992, and not as part of the Cranston-Gonzalez National Affordable Housing Act which comprises this chapter.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12705c -->
There is authorized to be appropriated for grants under subsections (b) and (c) 1 such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005.
The Secretary may make grants to States and units of general local government (including consortia of such governments) for the costs of developing and implementing strategies to remove regulatory barriers to affordable housing, including the costs of—
(1) identifying, assessing, and monitoring State and local regulatory barriers;
(2) identifying State and local policies (including laws and regulations) that permit or encourage regulatory barriers;
(3) developing legislation to provide State, local, or regional programs to reduce regulatory barriers and developing a strategy for adoption of such legislation;
(4) developing model State or local standards and ordinances to reduce regulatory barriers and assisting in the adoption and use of the standards and ordinances;
(5) carrying out the simplification and consolidation of administrative procedures and processes constituting regulatory barriers to affordable housing, including the issuance of permits; and
(6) providing technical assistance and information to units of general local government for implementation of legislative and administrative reform programs to remove regulatory barriers to affordable housing.
(c) Repealed.For purposes of this section, the terms "regulatory barriers to affordable housing" and "regulatory barriers" have the meaning given such terms in section 12705b of this title .
The Secretary shall provide for the form and manner of applications for grants under this section, which shall describe how grant amounts will assist the State or unit of general local government in developing and implementing strategies to remove regulatory barriers to affordable housing. The Secretary shall establish criteria for approval of applications under this subsection and such criteria shall require that grant amounts be used in a manner consistent with the strategy contained in the comprehensive housing affordability strategy for the jurisdiction pursuant to section 12705(b)(4) of this title .
To the extent amounts are made available to carry out this section, the Secretary shall provide grants on a competitive basis to eligible grantees based on the proposed uses of such amounts, as provided in applications under subsection (e).
Each State and unit of general local government receiving a grant under this section, shall consult, coordinate, and exchange information with the clearinghouse established under section 12705d of this title .
Each State and unit of general local government receiving a grant under this section shall submit a report to the Secretary, not less than 12 months after receiving the grant, describing any activities carried out with the grant amounts. The report shall contain an assessment of the impact of any regulatory barriers identified by the grantee on the housing patterns of minorities.
Subsection (c) of this section, referred to in subsec. (a), was repealed by
Section was enacted as part of the Removal of Regulatory Barriers to Affordable Housing Act of 1992, and also as part of the Housing and Community Development Act of 1992, and not as part of the Cranston-Gonzalez National Affordable Housing Act which comprises this chapter.
Section is comprised of section 1204 of
. Subsection (i) of section 1204 of
amended section 5306 of this title .
2000—Subsec. (a).
§102(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "The amounts set aside under section 5307 of this title for the purpose of this subsection shall be available for grants under subsection (b) and (c) of this section."
§102(b)(1), (2), substituted "Grant authority" for "State grants" in heading and inserted "and units of general local government (including consortia of such governments)" after "States" in introductory provisions.
§102(b)(3), substituted "State, local, or regional programs to reduce" for "a State program to reduce State and local".
§102(b)(4), inserted "or local" after "State".
§102(b)(5), struck out "State" before "administrative procedures".
§102(c), struck out heading and text of subsec. (c) which related to local grants.
§102(d), substituted "and such criteria shall require that grant amounts be used in a manner consistent with the strategy contained in the comprehensive housing affordability strategy for the jurisdiction pursuant to section 12705(b)(4) of this title " for "and for the selection of units of general local government to receive grants under subsection (f)(2) of this section" before period at end.
§102(e), amended heading and text of subsec. (f) generally, substituting provisions relating to selection of grantees for provisions relating to allocation of amounts.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12705d -->
The Secretary of Housing and Urban Development shall establish a clearinghouse to serve as a national repository to receive, collect, process, assemble, and disseminate information regarding—
(1) State and local laws, regulations, and policies affecting the development, maintenance, improvement, availability, or cost of affordable housing (including tax policies affecting land and other property, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on investment in residential property), and the prevalence and effects on affordable housing of such laws, regulations, and policies;
(2) State and local activities, strategies, and plans to remove or ameliorate the negative effects, if any, of such laws, regulations, and policies, including particularly innovative or successful activities, strategies, and plans; and
(3) State and local strategies, activities and plans that promote affordable housing and housing desegregation, including particularly innovative or successful strategies, activities, and plans.
The clearinghouse established under subsection (a) shall—
(1) respond to inquiries from State and local governments, other organizations, and individuals requesting information regarding State and local laws, regulations, policies, activities, strategies, and plans described in subsection (a);
(2) provide assistance in identifying, examining, and understanding such laws, regulations, policies, activities, strategies, and plans; and
(3) by making available through a World Wide Web site of the Department, by electronic mail, or otherwise, provide to each housing agency of a unit of general local government that serves an area having a population greater than 100,000, an index of all State and local strategies and plans submitted under subsection (a) to the clearinghouse, which—
(A) shall describe the types of barriers to affordable housing that the strategy or plan was designed to ameliorate or remove; and
(B) shall, not later than 30 days after submission to the clearinghouse of any new strategy or plan, be updated to include the new strategy or plan submitted.
The clearinghouse under this section shall be established within the Office of Policy Development of the Department of Housing and Urban Development and shall be under the direction of the Assistant Secretary for Policy Development and Research.
The clearinghouse under this section (as amended by section 103 of the Housing Affordability Barrier Removal Act of 2000) shall be established and commence carrying out the functions of the clearinghouse under this section not later than 1 year after December 27, 2000. The Secretary of Housing and Urban Development may comply with the requirements under this section by reestablishing the clearinghouse that was originally established to comply with this section and updating and improving such clearinghouse to the extent necessary to comply with the requirements of this section as in effect pursuant to the enactment of such Act.
The Housing Affordability Barrier Removal Act of 2000, referred to in subsec. (d), is title I of
Dec. 27, 2000, 114 Stat. 2946 . Section 103 of the Act amended this section. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 12701 of this title and Tables.
Section was enacted as part of the Removal of Regulatory Barriers to Affordable Housing Act of 1992, and also as part of the Housing and Community Development Act of 1992, and not as part of the Cranston-Gonzalez National Affordable Housing Act which comprises this chapter.
2000—Subsec. (a).
§103(1)(A), substituted "serve as a national repository to receive, collect, process, assemble, and disseminate" for "receive, collect, process, and assemble" in introductory provisions.
§103(1)(B), substituted "(including" for ", including" and inserted "), and the prevalence and effects on affordable housing of such laws, regulations, and policies" before semicolon at end.
§103(1)(C), inserted before semicolon ", including particularly innovative or successful activities, strategies, and plans".
§103(1)(D), inserted before period at end ", including particularly innovative or successful strategies, activities, and plans".
§103(2), added par. (3).
§103(3), added subsecs. (c) and (d).
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12706 -->
The Secretary shall, by regulation or otherwise, as deemed by the Secretary to be appropriate, require any application for housing assistance under subchapter II of this chapter, assistance under the Housing and Community Development Act of 1974, or assistance under the McKinney-Vento Homeless Assistance Act [ 42 U.S.C. 11301 et seq. ], to contain or be accompanied by a certification by an appropriate State or local public official that the proposed housing activities are consistent with the housing strategy of the jurisdiction to be served.
The Housing and Community Development Act of 1974, referred to in text, is
Aug. 22, 1974, 88 Stat. 633 , as amended. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
The McKinney-Vento Homeless Assistance Act, referred to in text, is
July 22, 1987, 101 Stat. 482 , which is classified principally to chapter 119 (§11301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables.
substituted "McKinney-Vento Homeless Assistance Act" for "Stewart B. McKinney Homeless Assistance Act".
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12707 -->
Before submitting a housing strategy under this section, 1 a jurisdiction shall—
(1) make available to its citizens, public agencies, and other interested parties information concerning the amount of assistance the jurisdiction expects to receive and the range of investment or other uses of such assistance that the jurisdiction may undertake;
(2) publish a proposed housing strategy in a manner that, in the determination of the Secretary, affords affected citizens, public agencies, and other interested parties a reasonable opportunity to examine its content and to submit comments on the proposed housing strategy;
(3) hold one or more public hearings to obtain the views of citizens, public agencies, and other interested parties on the housing needs of the jurisdiction; and
(4) provide citizens, public agencies, and other interested parties with reasonable access to records regarding any uses of any assistance the jurisdiction may have received during the preceding 5 years.
Before submitting any performance report or substantial amendment to a housing strategy under this section, 1 a participating jurisdiction shall provide citizens with reasonable notice of, and opportunity to comment on, such performance report or substantial amendment prior to its submission.
A participating jurisdiction shall consider any comments or views of citizens in preparing a final housing strategy, amendment to a housing strategy or performance report for submission. A summary of such comments or views shall be attached when a housing strategy, amendment to a housing strategy or performance report is submitted. The submitted housing strategy, amendment, or report shall be made available to the public.
The Secretary shall by regulation establish procedures appropriate and practicable for providing a fair hearing and timely resolution of citizen complaints related to housing strategies or performance reports.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12708 -->
Each participating jurisdiction shall annually review and report, in a form acceptable to the Secretary, on the progress it has made in carrying out its housing strategy, which report shall include an evaluation of the jurisdiction's progress in meeting its goal established in section 12705(b)(15) 1 of this title, and information on the number and types of households served, including the number of very low-income, low-income, and moderate-income persons served and the racial and ethnic status of persons served that will be assisted with funds made available.
The Secretary shall (A) establish dates for submission of reports under this subsection, and (B) review such reports and make such recommendations as the Secretary deems appropriate to carry out the purposes of this Act.
If a jurisdiction fails to submit a report satisfactory to the Secretary in a timely manner, assistance to the jurisdiction under subchapter II of this chapter or the other programs referred to in section 12706 of this title may be—
(A) suspended until a report satisfactory to the Secretary is submitted; or
(B) withdrawn and reallocated if the Secretary finds, after notice and opportunity for a hearing, that the jurisdiction will not submit a satisfactory report.
The Secretary shall ensure that activities of each jurisdiction required to submit a housing strategy under section 12705 of this title are reviewed not less frequently than annually. Such review shall include, insofar as practicable, on-site visits by employees of the Department of Housing and Urban Development and shall include an assessment of the jurisdiction's—
(A) management of funds made available under programs administered by the Secretary;
(B) compliance with its housing strategy;
(C) accuracy in the preparation of performance reports under subsection (a); and
(D) efforts to ensure that housing assisted under programs administered by the Secretary are in compliance with contractual agreements and the requirements of law.
The Secretary shall report on the performance review in writing. The Secretary shall give the jurisdiction not less than 30 days to review and comment on the report. After taking into consideration the comments of the jurisdiction, the Secretary may revise the report and shall make the jurisdiction's comments and the report, with any revisions, readily available to the public within 30 days after receipt of the jurisdiction's comments.
The adequacy of information submitted under section 12705(b)(4) of this title shall not be reviewable by any Federal, State, or other court. Review of a housing strategy by any Federal, State, or other court shall be limited to determining whether the process of development and the content of the strategy are in substantial compliance with the requirements of this Act. During the pendency of any action challenging the adequacy of a housing strategy or the action of the Secretary in approving a strategy, the court shall not have the authority to enjoin activities taken by the jurisdiction to implement an approved housing strategy. Any housing assisted during the pendency of such action shall not be subject to any order of the court resulting from such action.
Section 12705(b)(15) of this title , referred to in subsec. (a)(1), was redesignated section 12705(b)(16) of this title by
title II, §220(c)(1), Oct. 28, 1992, 106 Stat. 3762 , and was subsequently redesignated section 12705(b)(18) of this title by
This Act, referred to in subsecs. (a)(2) and (c), is
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.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12709 -->
The Secretary of Housing and Urban Development and the Secretary of Agriculture shall, not later than September 30, 2006, jointly establish, by rule, energy efficiency standards for—
(A) new construction of public and assisted housing and single family and multifamily residential housing (other than manufactured homes) subject to mortgages insured under the National Housing Act [ 12 U.S.C. 1701 et seq. ];
(B) new construction of single family housing (other than manufactured homes) subject to mortgages insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949 [ 42 U.S.C. 1471 et seq. ]; and
(C) rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title .
Such standards shall meet or exceed the requirements of the 2006 International Energy Conservation Code (hereafter in this section referred to as "the 2006 IECC"), or, in the case of multifamily high rises, the requirements of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1–2004 (hereafter in this section referred to as "ASHRAE Standard 90.1–2004"), and shall be cost-effective with respect to construction and operating costs on a life-cycle cost basis. In developing such standards, the Secretaries shall consult with an advisory task force composed of homebuilders, national, State, and local housing agencies (including public housing agencies), energy agencies, building code organizations and agencies, energy efficiency organizations, utility organizations, low-income housing organizations, and other parties designated by the Secretaries.
If the Secretaries have not, by September 30, 2006, established energy efficiency standards under subsection (a), all new construction and rehabilitation of housing specified in such subsection shall meet the requirements of the 2006 IECC, or, in the case of multifamily high rises, the requirements of ASHRAE Standard 90.1–2004.
If the requirements of the 2006 IECC, or, in the case of multifamily high rises, ASHRAE Standard 90.1–2004, are revised at any time, the Secretaries shall, not later than 1 year after such revision, amend the standards established under subsection (a) to meet or exceed the requirements of such revised code or standard unless the Secretaries determine that compliance with such revised code or standard would not result in a significant increase in energy efficiency or would not be technologically feasible or economically justified.
If the Secretary of Housing and Urban Development and the Secretary of Agriculture have not, within 1 year after the requirements of the 2006 IECC or the ASHRAE Standard 90.1–2004 are revised, amended the standards or made a determination under subsection (c), all new construction and rehabilitation of housing specified in subsection (a) shall meet the requirements of the revised code or standard if—
(1) the Secretary of Housing and Urban Development or the Secretary of Agriculture make a determination that the revised codes do not negatively affect the availability or affordability of new construction of assisted housing and single family and multifamily residential housing (other than manufactured homes) subject to mortgages insured under the National Housing Act ( 12 U.S.C. 1701 et seq. ) or insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ), respectively; and
(2) the Secretary of Energy has made a determination under section 6833 of this title that the revised code or standard would improve energy efficiency.
The National Housing Act, referred to in subsecs. (a)(1)(A) and (d)(1), is act June 27, 1934, ch. 847, 48 Stat. 1246 , which is classified principally to chapter 13 (§1701 et seq.) of Title 12 , Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.
The Housing Act of 1949, referred to in subsecs. (a)(1)(B) and (d)(1), is act July 15, 1949, ch. 338, 63 Stat. 413 . Title V of the Act is classified generally to subchapter III (§1471 et seq.) of chapter 8A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables.
§481(6), substituted "2004" for "1989" wherever appearing in subsecs. (a) to (c).
§481(1)(A), struck out ", where such standards are determined to be cost effective by the Secretary of Housing and Urban Development" before period at end.
§481(1)(B), (5), in first sentence, substituted "2006 International Energy Conservation Code" for "Council of American Building Officials Model Energy Code, 1992" and "the 2006 IECC" for "CABO Model Energy Code, 1992" and struck out ", and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title , the 2003 International Energy Conservation Code" before ", and shall be".
§481(2), (5), in heading, substituted "International Energy Conservation" for "Model Energy" and, in text, inserted "and rehabilitation" after "all new construction", substituted "the 2006 IECC" for "CABO Model Energy Code, 1992", and struck out ", and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title , the 2003 International Energy Conservation Code" before period at end.
§481(3), (5), in heading, struck out "Model Energy Code and" after "Revisions of" and, in text, substituted "the 2006 IECC" for "CABO Model Energy Code, 1992", and struck out ", or, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title , the 2003 International Energy Conservation Code" before ", are revised".
§481(4), added subsec. (d).
2005—Subsec. (a)(1).
§153(1)(A)(i), substituted "September 30, 2006" for "1 year after October 24, 1992" in introductory provisions.
§153(1)(A)(ii)–(iv), added subpar. (C).
§153(1)(B), inserted ", and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title , the 2003 International Energy Conservation Code" after "90.1–1989')".
§153(2), substituted "by September 30, 2006" for "within 1 year after October 24, 1992" and inserted ", and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title , the 2003 International Energy Conservation Code" before period at end.
§153(3), inserted "and the International Energy Conservation Code" after "Model Energy Code" in heading and ", or, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title , the 2003 International Energy Conservation Code" after "90.1–1989" in text.
amended section generally. Prior to amendment, section read as follows: "The Secretary of Housing and Urban Development shall, not later than one year after November 28, 1990, promulgate energy efficiency standards for new construction of public and assisted housing and single-family and multifamily residential housing (other than manufactured homes) subject to mortgages under the National Housing Act. Such standards shall meet or exceed the provisions of the most recent edition of the Model Energy Code of the Council of American Building Officials and shall be cost-effective with respect to construction and operating costs. In developing such standards the Secretary shall consult with an advisory task force composed of homebuilders, national, State, and local housing agencies (including public housing agencies), energy agencies and building code organizations and agencies, energy efficiency organizations, utility organizations, low-income housing organizations, and other parties designated by the Secretary."
effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
set out as an Effective Date note under section 1824 of Title 2 , The Congress.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12710 -->
The Secretary shall ensure that the Department of Housing and Urban Development has adequate capacity and resources, including staff and training programs, to carry out its mission and responsibilities to implement the provisions of this Act, including the ability of the Department to carry out the multifamily mortgage insurance program, and the ability to respond to areas identified as "material weaknesses" by the Office of the Inspector General in financial audits or other reports.
Not later than 60 days after November 28, 1990, and annually thereafter, the Secretary shall prepare and submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives a study detailing the Department's plan to maintain such capacity, together with any recommendations for legislative and administrative action as the Secretary determines to be appropriate.
This Act, referred to in subsec. (a), is
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.
1992—Subsec. (a).
struck out ", and" after "responsibilities" and substituted for period at end "and the ability to respond to areas identified as 'material weaknesses' by the Office of the Inspector General in financial audits or other reports."
Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services of House of Representatives by section 1(a) of
set out as a note preceding section 21 of Title 2 , The Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12711 -->
Notwithstanding any other provision of this subchapter or subchapter II, the Secretary shall not establish any criteria for allocating or denying funds made available under programs administered by the Secretary based on the adoption, continuation, or discontinuation by a jurisdiction of any public policy, regulation, or law that is (1) adopted, continued, or discontinued in accordance with the jurisdiction's duly established authority, and (2) not in violation of any Federal law.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12712 -->
The Secretary of Housing and Urban Development shall establish a plan for activities to be undertaken and policies to be adopted by the Secretary within the 5-year period beginning upon the submission of the plan to the Congress under subsection (d) to provide for, encourage, and improve energy efficiency in newly constructed, rehabilitated, and existing housing. In developing the plan, the Secretary shall consider, as appropriate, any energy assessments under section 944.
The Secretary of Housing and Urban Development shall establish the first plan under this section not later than the expiration of the 1-year period beginning on November 28, 1990.
The Secretary of Housing and Urban Development shall revise and update the plan under this section not less than once for each 2-year period, the first such 2-year period beginning on the date of the submission of the initial plan under subsection (b) to the Congress (as provided in subsection (d)). Each such update shall revise the plan for the 5-year period beginning upon the submission of the updated plan to the Congress.
The Secretary of Housing and Urban Development shall submit the initial plan established under subsection (b) and any updated plans under subsection (c) to the Congress not later than the date by which such plans are to be established or updated under such paragraphs.
Section 944, referred to in subsec. (a), is section 944 of
which is set out below.
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.
"(a) Establishment .—The Secretary of Housing and Urban Development (in this section referred to as the 'Secretary') shall establish a demonstration program under which the Secretary may execute budget-neutral, performance-based agreements in fiscal years 2016 through 2019 that result in a reduction in energy or water costs with such entities as the Secretary determines to be appropriate under which the entities shall carry out projects for energy or water conservation improvements at not more than 20,000 residential units in multifamily buildings participating in—
"(1) the project-based rental assistance program under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), other than assistance provided under section 8(o) of that Act;
"(2) the supportive housing for the elderly program under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ); or
"(3) the supportive housing for persons with disabilities program under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(d)(2) ).
"(1) Payments contingent on savings.—
"(A) In general .—The Secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties, as determined by the Secretary, in accordance with subparagraph (B).
"(B) Payment methodology.—
"(i) In general .—Each agreement under this section shall include a pay-for-success provision that—
"(I) shall serve as a payment threshold for the term of the agreement; and
"(II) requires that payments shall be contingent on realized cost savings associated with reduced utility consumption in the participating properties.
"(ii) Limitations .—A payment made by the Secretary under an agreement under this section—
"(I) shall be contingent on documented utility savings; and
"(II) shall not exceed the utility savings achieved by the date of the payment, and not previously paid, as a result of the improvements made under the agreement.
"(C) Third-party verification .—Savings payments made by the Secretary under this section shall be based on a measurement and verification protocol that includes at least—
"(i) establishment of a weather-normalized and occupancy-normalized utility consumption baseline established pre-retrofit;
"(ii) annual third-party confirmation of actual utility consumption and cost for utilities;
"(iii) annual third-party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type; and
"(iv) annual third-party determination of savings to the Secretary.
An agreement under this section with an entity shall provide that the entity shall cover costs associated with third-party verification under this subparagraph.
"(2) Terms of performance-based agreements .—A performance-based agreement under this section shall include—
"(A) the period that the agreement will be in effect and during which payments may be made, which may not be longer than 12 years;
"(B) the performance measures that will serve as payment thresholds during the term of the agreement;
"(C) an audit protocol for the properties covered by the agreement;
"(D) a requirement that payments shall be contingent on realized cost savings associated with reduced utility consumption in the participating properties; and
"(E) such other requirements and terms as determined to be appropriate by the Secretary.
"(3) Entity eligibility .—The Secretary shall—
"(A) establish a competitive process for entering into agreements under this section; and
"(B) enter into such agreements only with entities that, either jointly or individually, demonstrate significant experience relating to—
"(i) financing or operating properties receiving assistance under a program identified in subsection (a);
"(ii) oversight of energy or water conservation programs, including oversight of contractors; and
"(iii) raising capital for energy or water conservation improvements from charitable organizations or private investors.
"(4) Geographical diversity .—Each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and State variance.
"(5) Properties .—A property may only be included in the demonstration under this section only if the property is subject to affordability restrictions for at least 15 years after the date of the completion of any conservation improvements made to the property under the demonstration program. Such restrictions may be made through an extended affordability agreement for the property under a new housing assistance payments contract with the Secretary of Housing and Urban Development or through an enforceable covenant with the owner of the property.
"(c) Plan and Reports.—
"(1) Plan .—Not later than 90 days after the date of enactment of this Act [Dec. 4, 2015], the Secretary shall submit to the Committees on Appropriations and Financial Services of the House of Representatives and the Committees on Appropriations and Banking, Housing, and Urban Affairs of the Senate a detailed plan for the implementation of this section.
"(2) Reports .—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall—
"(A) conduct an evaluation of the program under this section; and
"(B) submit to Congress a report describing each evaluation conducted under subparagraph (A).
"(d) Funding .—For each fiscal year during which an agreement under this section is in effect, the Secretary may use to carry out this section any funds appropriated to the Secretary for the renewal of contracts under a program described in subsection (a)."
title IX, §944, Nov. 28, 1990, 104 Stat. 4415 , directed Secretary of Housing and Urban Development to submit a report to Congress, not later than one year after Nov. 28, 1990, assessing any activity undertaken by the Secretary to increase energy efficiency in housing, such report to include an analysis of the Aug. 15, 1990, DOE-HUD program to expand energy efficiency and increase affordability of federally-assisted housing, and provided that in such report Secretary of Housing and Urban Development (in consultation with Secretary of Energy) was to establish, and include a description of, a standard measure by which changes over time in residential energy efficiency could be compared.
"(a) Uniform Plan .—The Secretary of Housing and Urban Development, in consultation with the Secretary of Energy, shall promulgate a uniform plan to make housing more affordable through energy efficient mortgages (as such term is defined in section 104 of this Act [ 42 U.S.C. 12704 ]). The plan shall be promulgated not later than 2 years after the date of the enactment of the Cranston-Gonzalez National Affordable Housing Act [Nov. 28, 1990].
"(b) Task Force .—To develop the plan, the Secretary shall form a task force to make recommendation[s] on financing energy efficiency in private mortgages, through the policies of Federal agencies and federally chartered financial institutions, mortgage bankers, homebuilders, real estate brokers, private mortgage insurers, energy suppliers, and nonprofit housing and energy organizations. The task force shall include, but not be limited to, individuals representing the Federal Housing Administration mortgage programs of the Department of Housing and Urban Development, the Farmers Home Administration mortgage loan and insurance programs of Department of Agriculture, the Federal Home Loan Mortgage Corporation, and the Federal National Mortgage Association. The Task Force shall determine whether notifying potential home purchasers of the availability of energy efficient mortgages would promote energy efficiency in residential buildings, and if so, the Task Force shall recommend appropriate notification guidelines, and agencies and organizations referred to in the preceding sentence are authorized to implement such guidelines."
title IX, §961, Nov. 28, 1990, 104 Stat. 4424 , directed Secretary of Housing and Urban Development to establish a program to demonstrate various methods of improving the energy efficiency of existing housing, provided for funding, provided that the demonstration determine appropriate design, improvement, and rehabilitation methods and practices for increasing residential energy efficiency in housing already constructed, and directed Secretary, as soon as practicable after Sept. 30, 1991, to submit to Congress a report setting forth the findings and recommendations of the Secretary as a result of the demonstration.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12713 -->
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.
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.
For purposes of this section:
The term "displaced homemaker" means an individual who—
(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.
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.
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
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.
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.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER I-GENERAL PROVISIONS AND POLICIES!@!Sec. 12714 -->
§12714. Repealed.title IX, §957, Nov. 28, 1990, 104 Stat. 4422 , related to maximum annual limitation on rent increases resulting from employment.
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.
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
title IV, §404(b), Jan. 26, 1996, 110 Stat. 44 , which further provided that section 923 of
was to be of no effect.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER II-INVESTMENT IN AFFORDABLE HOUSING -->
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER II-INVESTMENT IN AFFORDABLE HOUSING!@!Sec. 12721 -->
The Congress finds that—
(1) the Nation has not made adequate progress toward the goal of national housing policy, as set out in the Housing Act of 1949 [ 42 U.S.C. 1441 et seq. ] and reaffirmed in the Housing and Urban Development Act of 1968, which would provide decent, safe, sanitary, and affordable living environments for all Americans;
(2) the supply of affordable rental housing is diminishing;
(3) the Tax Reform Act of 1986 removed major tax incentives for the production of affordable rental housing;
(4) the living environments of an increasing number of Americans have deteriorated over the past several years as a result of reductions in Federal assistance to low-income and moderate-income families;
(5) many Americans face the possibility of homelessness unless Federal, State, and local governments work together with the private sector to develop and rehabilitate the housing stock of the Nation to provide decent, safe, sanitary, and affordable housing for very low-income and low-income families;
(6) reliable Federal leadership is needed to achieve an adequate supply of affordable housing for all Americans;
(7) to achieve the goal of national housing policy, there is a need to strengthen nationwide a cost-effective community-based housing partnership designed to—
(A) expand the supply of rental housing that is affordable to very low-income and low-income families,
(B) improve homeownership opportunities for low-income families,
(C) carry out comprehensive housing strategies tailored to local housing market conditions, and
(D) protect the Federal, State, and local investment in low-income housing to ensure affordability of the housing for the remaining useful life of the property;
(8) direct assistance to expand the supply of affordable rental housing should be provided in a way that is more cost-effective and targeted than tax incentives;
(9) much of the Nation's housing system works very well and provides a strong base on which national housing policy should build;
(10) an increasing number of States and local governments have been successful in producing cost-effective low-income and moderate-income housing by working in partnership with the private sector, including nonprofit community development corporations, community action agencies, neighborhood housing services corporations, trade unions, groups sponsored by religious organizations, limited equity cooperatives, and other tenant organizations;
(11) during the 1980's, nonprofit community housing development organizations, despite severe obstacles caused by inadequate funding, have played an increasingly important role in the production and rehabilitation of affordable housing in communities across the Nation;
(12) additional financial resources and technical skills must be made available in local communities if the Nation is to mobilize the capacity of the private sector, including nonprofit community housing development organizations, to provide a more adequate supply of decent, safe, and sanitary housing that is affordable to very low-income, low-income, and moderate-income families and meets the need for large family units and other additional units that are available to very low-income families receiving rental assistance payments from Federal, State, and local governments; and
(13) the long-term success of efforts to provide more affordable housing depends upon tenants and homeowners being fiscally responsible and able managers.
The Housing Act of 1949, referred to in par. (1), is act July 15, 1949, ch. 338, 63 Stat. 413 , which is classified principally to chapter 8A (§1441 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables.
The Housing and Urban Development Act of 1968, referred to in par. (1), is
Aug. 1, 1968, 82 Stat. 476 . For complete classification of this Act to the Code, see Short Title of 1968 Amendments note set out under section 1701 of Title 12 , Banks and Banking, and Tables.
The Tax Reform Act of 1986, referred to in par. (3), is
Oct. 22, 1986, 100 Stat. 2085 . For complete classification of this Act to the Code, see Short Title of 1986 Amendments note set out under section 1 of Title 26 , Internal Revenue Code, and Tables.
For short title of this subchapter as the "HOME Investment Partnerships Act", see Short Title note set out under section 12701 of this title .
"(a) Appropriation .—In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the 'Secretary') for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $5,000,000,000, to remain available until September 30, 2025, except that amounts authorized under subsection (d)(3) shall remain available until September 30, 2029, for assistance under title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12721 et seq. ) for the following activities to primarily benefit qualifying individuals or families:
"(1) Tenant-based rental assistance.
"(2) The development and support of affordable housing pursuant to section 212(a) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12742(a) ) ('the Act' herein).
"(3) Supportive services to qualifying individuals or families not already receiving such supportive services, including—
"(A) activities listed in section 401(29) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360(29) );
"(B) housing counseling; and
"(C) homeless prevention services.
"(4) The acquisition and development of non-congregate shelter units, all or a portion of which may—
"(A) be converted to permanent affordable housing;
"(B) be used as emergency shelter under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11371–11378 );
"(C) be converted to permanent housing under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381–11389 ); or
"(D) remain as non-congregate shelter units.
"(b) Qualifying Individuals or Families Defined .—For the purposes of this section, qualifying individuals or families are those who are—
"(1) homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302(a) );
"(2) at-risk of homelessness, as defined in section 401(1) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360(1) );
"(3) fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking, as defined by the Secretary;
"(4) in other populations where providing supportive services or assistance under section 212(a) of the Act ( 42 U.S.C. 12742(a) ) would prevent the family's homelessness or would serve those with the greatest risk of housing instability; or
"(5) veterans and families that include a veteran family member that meet one of the preceding criteria.
"(c) Terms and Conditions.—
"(1) Funding restrictions .—The cost limits in section 212(e) ( 42 U.S.C. 12742(e) ), the commitment requirements in section 218(g) ( 42 U.S.C. 12748(g) ), the matching requirements in section 220 ( 42 U.S.C. 12750 ), and the set-aside for housing developed, sponsored, or owned by community housing development organizations required in section 231 of the Act ( 42 U.S.C. 12771 ) shall not apply for amounts made available in this section.
"(2) Administrative costs .— Notwithstanding sections 212(c) and (d)(1) of the Act ( 42 U.S.C. 12742(c) and (d)(1)), of the funds made available in this section for carrying out activities authorized in this section, a grantee may use up to fifteen percent of its allocation for administrative and planning costs.
"(3) Operating expenses .—Notwithstanding sections 212(a) and (g) of the Act ( 42 U.S.C. 12742(a) and (g)), a grantee may use up to an additional five percent of its allocation for the payment of operating expenses of community housing development organizations and nonprofit organizations carrying out activities authorized under this section, but only if—
"(A) such funds are used to develop the capacity of the community housing development organization or nonprofit organization in the jurisdiction or insular area to carry out activities authorized under this section; and
"(B) the community housing development organization or nonprofit organization complies with the limitation on assistance in section 234(b) of the Act ( 42 U.S.C. 12774(b) ).
"(4) Contracting .—A grantee, when contracting with service providers engaged directly in the provision of services under paragraph [probably should be "subsection"] (a)(3), shall, to the extent practicable, enter into contracts in amounts that cover the actual total program costs and administrative overhead to provide the services contracted.
"(1) Formula assistance .—Except as provided in paragraphs (2) and (3), the Secretary shall allocate amounts made available under this section pursuant to section 217 of the Act ( 42 U.S.C. 12747 ) to grantees that received allocations pursuant to that same formula in fiscal year 2021, and shall make such allocations within 30 days of enactment of this Act [Mar. 11, 2021].
"(2) Technical assistance .—Up to $25,000,000 of the amounts made available under this section shall be used, without competition, to make new awards or increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance available to any grantees implementing activities or projects consistent with this section.
"(3) Other costs .—Up to $50,000,000 of the amounts made available under this section shall be used for the administrative costs to oversee and administer implementation of this section and the HOME program [ 42 U.S.C. 12721 et seq. ] generally, including information technology, financial reporting, and other costs.
"(4) Waivers or alternative requirements .—The Secretary may waive or specify alternative requirements for any provision of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12701 et seq. ) and titles I and IV of the McKinney-Vento Homelessness Act [probably means McKinney-Vento Homeless Assistance Act] ( 42 U.S.C. 11301 et seq., 11360 et seq. ) or regulation for the administration of the amounts made available under this section other than requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is necessary to expedite or facilitate the use of amounts made available under this section."
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER II-INVESTMENT IN AFFORDABLE HOUSING!@!Sec. 12722 -->
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.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER II-INVESTMENT IN AFFORDABLE HOUSING!@!Sec. 12723 -->
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.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER II-INVESTMENT IN AFFORDABLE HOUSING!@!Sec. 12724 -->
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.
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).
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."
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER II-INVESTMENT IN AFFORDABLE HOUSING!@!Sec. 12725 -->
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.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER II-INVESTMENT IN AFFORDABLE HOUSING!@!Part A-HOME Investment Partnerships -->
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER II-INVESTMENT IN AFFORDABLE HOUSING!@!Part A-HOME Investment Partnerships!@!Sec. 12741 -->
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.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER II-INVESTMENT IN AFFORDABLE HOUSING!@!Part A-HOME Investment Partnerships!@!Sec. 12742 -->
Funds made available under this part may be used by participating jurisdictions to provide incentives to develop and support affordable rental housing and homeownership affordability through the acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, including real property acquisition, site improvement, conversion, demolition, and other expenses, including financing costs, relocation expenses of any displaced persons, families, businesses, or organizations, to provide for the payment of reasonable administrative and planning costs, to provide for the payment of operating expenses of community housing development organizations, and to provide tenant-based rental assistance. For the purpose of this part, the term "affordable housing" includes permanent housing for disabled homeless persons, transitional housing, and single room occupancy housing.
A participating jurisdiction shall give preference to rehabilitation of substandard housing unless the jurisdiction determines that—
(A) such rehabilitation is not the most cost effective way to meet the jurisdiction's need to expand the supply of affordable housing; and
(B) the jurisdiction's housing needs cannot be met through rehabilitation of the available stock.
The Secretary shall not restrict a participating jurisdiction's choice of rehabilitation, substantial rehabilitation, new construction, reconstruction, acquisition, or other eligible housing use unless such restriction is explicitly authorized under section 12753(2) of this title .
A participating jurisdiction may use funds provided under this part for tenant-based rental assistance only if—
(i) the jurisdiction certifies that the use of funds under this part for tenant-based rental assistance is an essential element of the jurisdiction's annual housing strategy for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing, and specifies the local market conditions that lead to the choice of this option; and
(ii) the tenant-based rental assistance is provided in accordance with written tenant selection policies and criteria that are consistent with the purposes of providing housing to very low- and low-income families and are reasonably related to preference rules established under section 1437d(c)(4)(A) 1 of this title.
A jurisdiction's section 8 [ 42 U.S.C. 1437f ] fair share allocation shall be unaffected by the use of assistance under this subchapter.
Rental assistance contracts made available with assistance under this subchapter shall be for not more than 24 months, except that assistance to a family may be renewed.
In any case where assistance under section 1437f of this title becomes available to a participating jurisdiction, recipients of rental assistance under this subchapter shall qualify for tenant selection preferences to the same extent as when they received the rental assistance under this subchapter. A rental assistance program under this subchapter shall meet minimum criteria prescribed by the Secretary, such as housing quality standards and standards regarding the reasonableness of the rent.
A jurisdiction using funds provided under this part for tenant-based rental assistance may use such funds to provide loans or grants to very low- and low-income families for security deposits for rental of dwelling units. Assistance under this subparagraph does not preclude assistance under any other provision of this paragraph.
A participating jurisdiction may use funds provided under this part for the evaluation and reduction of lead-based paint hazards, as defined in section 4851b of this title .
Participating jurisdictions shall have discretion to invest funds made available under this part as equity investments, interest-bearing loans or advances, noninterest-bearing loans or advances, interest subsidies or other forms of assistance that the Secretary has determined to be consistent with the purposes of this subchapter. Each participating jurisdiction shall have the right to establish the terms of assistance.
In each fiscal year, each participating jurisdiction may use not more than 10 percent of the funds made available under this part to the jurisdiction for such year for any administrative and planning costs of the jurisdiction in carrying out this part, including the costs of the salaries of persons engaged in administering and managing activities assisted with funds made available under this part.
Funds made available under this part may not be used to—
(1) defray any administrative cost of a participating jurisdiction that exceed the amount specified under subsection (c),
(2) provide tenant-based rental assistance for the special purposes of the existing section 8 [ 42 U.S.C. 1437f ] program, including replacing public housing that is demolished or disposed of, preserving federally assisted housing, assisting in the disposition of housing owned or held by the Secretary, preventing displacement from rental rehabilitation projects, or extending or renewing tenant-based assistance under section 1437f of this title ,
(3) provide non-Federal matching contributions required under any other Federal program,
(4) provide assistance authorized under section 1437g of this title ,
(5) carry out activities authorized under section 1437g(d)(1) 1 of this title, or
(6) provide assistance to eligible low-income housing under the Emergency Low Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990 [ 12 U.S.C. 4101 et seq. ].
The Secretary shall establish limits on the amount of funds under this part that may be invested on a per unit basis. For multifamily housing, such limits shall not be less than the per unit dollar amount limitations set forth in section 1715l(d)(3)(ii) of title 12 , as such limitations may be adjusted in accordance therewith, except that for purposes of this subsection the Secretary shall, by regulation, increase the per unit dollar amount limitations in any geographical area by an amount, not to exceed 140 percent, that equals the amount by which the costs of multifamily housing construction in the area exceed the national average of such costs. The limits shall be established on a market-by-market basis, with adjustments made for number of bedrooms, and shall reflect the actual cost of new construction, reconstruction, or rehabilitation of housing that meets applicable State and local housing and building codes and the cost of land, including necessary site improvements. Adjustments shall be made annually to reflect inflation. Separate limits may be set for different eligible activities.
In calculating per unit limits, the Secretary shall take into account that assistance under this subchapter is intended to—
(A) provide nonluxury housing with suitable amenities;
(B) operate effectively in all jurisdictions;
(C) facilitate mixed-income housing; and
(D) reflect the costs associated with meeting the special needs of tenants or homeowners that the housing is designed to serve.
In calculating cost limits, the Secretary shall consult with organizations that have expertise in the development of affordable housing, including national nonprofit organizations and national organizations representing private development firms and State and local governments.
The requirements of section 3545(d) of this title shall be satisfied by a certification by a participating jurisdiction to the Secretary that the combination of Federal assistance provided to any housing project shall not be any more than is necessary to provide affordable housing.
A participating jurisdiction may not use more than 5 percent of its allocation under this part for the payment of operating expenses for community housing development organizations.
Section 1437d(c)(4)(A) of this title , referred to in subsec. (a)(3)(A)(ii), was in the original "section 6(c)(4)(A) of the Housing Act of 1937", and was translated as reading "section 6(c)(4)(A) of the United States Housing Act of 1937", act Sept. 1, 1937, ch. 896, to reflect the probable intent of Congress.
Section 1437g(d)(1) of this title , referred to in subsec. (d)(5), was in the original "section 9(d)(1) of the Housing Act of 1937", and was translated as reading "section 9(d)(1) of the United States Housing Act of 1937", act Sept. 1, 1937, ch. 896, to reflect the probable intent of Congress.
The Emergency Low Income Housing Preservation Act of 1987, referred to in subsec. (d)(6), is title II of
Feb. 5, 1988, 102 Stat. 1877 , which was classified principally as a note under section 1715l of Title 12 , Banks and Banking. Title II of
was amended generally by
title VI, §601(a), Nov. 28, 1990, 104 Stat. 4249 , and is now known as the Low-Income Housing Preservation and Resident Homeownership Act of 1990, which is classified principally to chapter 42 (§4101 et seq.) of Title 12 . For complete classification of this Act to the Code, see Short Title note set out under section 4101 of Title 12 and Tables.
1998—Subsec. (d)(5).
substituted "section 1437g(d)(1)" for "section 1437l".
1992—Subsec. (a)(1).
§207(a), inserted "to provide for the payment of reasonable administrative and planning costs, to provide for the payment of operating expenses of community housing development organizations," after "or organizations,".
§205, inserted at end "For the purpose of this part, the term 'affordable housing' includes permanent housing for disabled homeless persons, transitional housing, and single room occupancy housing."
§203(a)(1), struck out "under paragraph (3) of this subsection or" after "authorized" in concluding provisions.
§204(b), added cl. (ii) of par. (3)(A) and struck out former cl. (ii) which read as follows: "the tenant-based rental assistance is provided to persons from the waiting lists eligible for section 8 assistance in accordance with the applicable preferences."
§204(a), added subpar. (E).
§203(a)(2), (3), redesignated par. (4) as (3) and struck out former par. (3) which provided for conditions for new construction of housing.
§203(a)(3), redesignated par. (4) as (3).
§1012(e), added par. (5).
§207(b)(3), added subsec. (c). Former subsec. (c) redesignated (d).
§207(b)(1), inserted before comma at end of par. (1) "that exceed the amount specified under subsection (c)".
§207(b)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
§206, inserted after first sentence of par. (1) "For multifamily housing, such limits shall not be less than the per unit dollar amount limitations set forth in section 1715l(d)(3)(ii) of title 12 , as such limitations may be adjusted in accordance therewith, except that for purposes of this subsection the Secretary shall, by regulation, increase the per unit dollar amount limitations in any geographical area by an amount, not to exceed 140 percent, that equals the amount by which the costs of multifamily housing construction in the area exceed the national average of such costs."
§207(b)(2), redesignated subsecs. (d) and (e) as (e) and (f), respectively.
§207(d), added subsec. (g).
Amendment by title V of
effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of
set out as a note under section 1437 of this title .
Amendment by sections 203–207 of
applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of
set out as a note under section 12704 of this title .
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER II-INVESTMENT IN AFFORDABLE HOUSING!@!Part A-HOME Investment Partnerships!@!Sec. 12743 -->
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.
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.
The selection of model programs to be made available for adoption or adaptation shall include programs meeting the criteria set forth in part D.
CHAPTER 130 -NATIONAL AFFORDABLE HOUSING!@!SUBCHAPTER II-INVESTMENT IN AFFORDABLE HOUSING!@!Part A-HOME Investment Partnerships!@!Sec. 12744 -->
Each participating jurisdiction shall invest funds made available under this part within each fiscal year so that—
(1) with respect to rental assistance and rental units—
(A) not less than 90 percent of (i) the families receiving such rental assistance are families whose incomes do not exceed 60 percent of the median family 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 60 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction cost or fair market rent, or unusually high or low family income) at the time of occupancy or at the time funds are invested, whichever is later, or (ii) the dwelling units assisted with such funds are occupied by families having such incomes; and
(B) the remainder of (i) the families receiving such rental assistance are households that qualify as low-income families (other than families described in subparagraph (A)) at the time of occupancy or at the time funds are invested, whichever is later, or (ii) the dwelling units assisted with such funds are occupied by such households;
(2) with respect to homeownership assistance, 100 percent of such funds are invested with respect to dwelling units that are occupied by households that qualify as low-income families; and
(3) all such funds are invested with respect to housing that qualifies as affordable housing under section 12745 of this title .