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42 U.S.C. § 12755 — Matching requirements

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12755 — Matching requirements

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Stable record: federal_law:legal_authorities:record_usc_141d12a49d605542f69fd3df
Source file: Laws/federal/codes/united-states-code/title-42/section-12755-matching-requirements--6549a5d6e9.md
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Source location: Title 42, Chapter 130, § 12755; chapter-130-national-affordable-housing.md

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**(a) Contribution** Each participating jurisdiction shall make contributions to housing that qualifies as affordable housing under this subchapter that total, throughout a fiscal year, not less than 25 percent of the funds drawn from the jurisdiction’s HOME Investment Trust Fund in such fiscal year. Such contributions shall be in addition to any amounts made available under [section 12746(3)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12746/3/A/ii&num=0&edition=prelim). **(b) Recognition** (1) **In general** — A contribution shall be recognized for purposes of subsection (a) only if it— (A) is made with respect to housing that qualifies as affordable housing under [section 12745 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12745&num=0&edition=prelim); or (B) is made with respect to any portion of a project not less than 50 percent of the units of which qualify as affordable housing under [section 12745 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12745&num=0&edition=prelim). (2) **Administrative expenses** — Contributions for administrative expenses may not be recognized for purposes of subsection (a). **(c) Form** Such contributions may be in the form of— (1) cash contributions from non-Federal resources, which may not include funds from a grant made under section 5306(b) or [section 5306(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5306/d&num=0&edition=prelim); (2) the value of taxes, fees, or other charges that are normally and customarily imposed but are waived, foregone, or deferred in a manner that achieves affordability of housing assisted under this subchapter; (3) the value of land or other real property as appraised according to procedures acceptable to the Secretary; (4) the value of investment in on-site and off-site infrastructure directly required for affordable housing assisted under this subchapter; (5) Redesignated (4) (6) up to— (A) 50 percent of proceeds from bond financing validly issued by a State or local government, agency or instrumentality thereof, or political subdivision thereof, and repayable with revenues derived from a multifamily affordable housing project financed, and (B) 25 percent of proceeds from bond financing validly issued by a State or local government, agency or instrumentality thereof, or political subdivision thereof, and repayable with revenues derived from a single-family project financed, but not more than 25 percent of the contribution required under subsection (a) may be derived from these sources; (7) the reasonable value of any site-preparation and construction materials and any donated or voluntary labor in connection with the site-preparation for, or construction or rehabilitation of, affordable housing; and (8) such other contributions to affordable housing as the Secretary considers appropriate. **(d) Reduction of requirement** (1) **In general** — The Secretary shall reduce the matching requirement under subsection (a) with respect to any funds drawn from a jurisdiction’s HOME Investment Trust Fund Account during a fiscal year by— (A) 50 percent for a jurisdiction that certifies that it is in fiscal distress; and (B) 100 percent for a jurisdiction that certifies that it is in severe fiscal distress. (2) **Definitions** — For purposes of this section— (A) “fiscal distress” means a jurisdiction other than a State that satisfies 1 of the distress criteria set forth in paragraph (3); and (B) “severe fiscal distress” means a jurisdiction other than a State that satisfies both of the distress criteria set forth in paragraph (3). (3) **Distress criteria** — For purposes of a jurisdiction other than a State certifying that it is distressed, the following criteria shall apply: (A) *Poverty rate* — The average poverty rate in the jurisdiction for the calendar year immediately preceding the year in which its fiscal year begins was equal to or greater than 125 percent of the average national poverty rate during such calendar year (as determined according to information of the Bureau of the Census). (B) *Per capita income* — The average per capita income in the jurisdiction for the calendar year immediately preceding the year in which its fiscal year begins was less than 75 percent of the average national per capita income during such calendar year (as determined according to information of the Bureau of the Census). (4) **States** — In determining the degree to which a jurisdiction that is a State is distressed, the Secretary shall take into consideration the State’s fiscal capacity and expenditure needs as determined by a national organization which compiles the relevant data. (5) **Waiver in disaster areas** — If a participating jurisdiction is located in an area in which a declaration of a disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act [[42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.] is in effect for any part of a fiscal year, the Secretary may reduce the matching requirement for that fiscal year under subsection (a) with respect to any funds drawn from a jurisdiction’s HOME Investment Trust Fund Account during that fiscal year by up to 100 percent.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5301 — Congressional findings and declaration of purpose

**(a) Critical social, economic, and environmental problems facing Nation’s urban communities** The Congress finds and declares that the Nation’s cities, towns, and smaller urban communities face critical social, economic, and environmental problems arising in significant measure from— (1) the growth of population in metropolitan and other urban areas, and the concentration of persons of lower income in central cities; (2) inadequate public and private investment and reinvestment in housing and other physical facilities, and related public and social services, resulting in the growth and persistence of urban slums and blight and the marked deterioration of the quality of the urban environment; and (3) increasing energy costs which have seriously undermined the quality and overall effectiveness of local community and housing development activities. **(b) Establishment and maintenance of viable urban communities; systematic and sustained action by Federal, State, and local governments; expansion of and continuity in Federal assistance; increased private investment; streamlining programs and improvement of functioning of agencies; action to address consequences of scarce fuel supplies** The Congress further finds and declares that the future welfare of the Nation and the well-being of its citizens depend on the establishment and maintenance of viable urban communities as social, economic, and political entities, and require— (1) systematic and sustained action by Federal, State, and local governments to eliminate blight, to conserve and renew older urban areas, to improve the living environment of low- and moderate-income families, and to develop new centers of population growth and economic activity; (2) substantial expansion of and greater continuity in the scope a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5301

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12745 — Notice

The Secretary shall issue regulations to implement the provisions of this subchapter after notice and an opportunity for comment pursuant to [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). Such regulations shall become effective not later than 180 days after November 28, 1990.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12704 — Definitions

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12746/2&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12746&num=0&edition=prelim). (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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12755 — Tenant and participant protections

Page 8468 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12751 spect to fiscal year 1993 and each fiscal year there- after.’’ Amendment by section 207(c) of Pub. L. 102–550 appli- cable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title. § 12751. Private-public partnership Each participating jurisdiction shall make all reasonable efforts, consistent with the purposes of this subchapter, to maximize participation by the private sector, including nonprofit organiza- tions and for-profit entities, in the implementa- tion of the jurisdiction’s housing strategy, in- cluding participation in the financing, develop- ment, rehabilitation and management of afford- able housing. Nothing in the previous sentence shall preclude public housing authorities from fully participating in the implementation of a jurisdiction’s housing strategy. (Pub. L. 101–625, title II, § 221, Nov. 28, 1990, 104 Stat. 4112.) § 12752. Distribution of assistance (a) Local Each participating jurisdiction shall, insofar as is feasible, distribute assistance under this part geographically within its boundaries and among different categories of housing need, ac- cording to the priorities of housing need identi- fied in the jurisdiction’s approved housing strat- egy. (b) State Participating States shall be responsible for distributing assistance throughout the State ac- cording to the State’s assessment of the geo- graphical distribution of the housing need with- in the State, as identified in the State’s ap- proved housing strategy. Participating States shall distribute assistance to rural areas in amounts that take into accoun

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12755

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

Page 6354 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5121 Sec. 5165g. National veterinary emergency teams. SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE PROGRAMS 5170. Procedure for declaration. 5170a. General Federal assistance. 5170b. Essential assistance. 5170c. Hazard mitigation. 5171. Federal facilities. 5172. Repair, restoration, and replacement of dam- aged facilities. 5173. Debris removal. 5174. Federal assistance to individuals and house- holds. 5174a. Flexibility. 5174b. Critical document fee waiver. 5175, 5176. Repealed. 5177. Unemployment assistance. 5177a. Emergency grants to assist low-income mi- grant and seasonal farmworkers. 5178. Repealed. 5179. Benefits and distribution. 5180. Food commodities. 5181. Relocation assistance. 5182. Legal services. 5183. Crisis counseling assistance and training. 5184. Community disaster loans. 5185. Emergency communications. 5186. Emergency public transportation. 5187. Fire management assistance. 5188. Timber sale contracts. 5189. Simplified procedure. 5189a. Appeals of assistance decisions. 5189b. Date of eligibility; expenses incurred before date of disaster. 5189c. Transportation assistance to individuals and households. 5189d. Case management services. 5189e. Essential service providers. 5189f. Public assistance program alternative proce- dures. 5189g. Unified Federal review. 5189h. Agency accountability. SUBCHAPTER IV–A—EMERGENCY ASSISTANCE PROGRAMS 5191. Procedure for declaration. 5192. Federal emergency assistance. 5193. Amount of assistance. SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS 5195. Declaration of policy. 5195a. Definitions. 5195b. Administration of subchapter. 5195c. Critical infrastructures protection. PART A—POWERS AND DUTIES

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5121

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