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42 U.S.C. § 12750 — Qualification as affordable housing

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42 U.S.C. § 12750 — Qualification as affordable housing

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Source location: Title 42, Chapter 130, § 12750; chapter-130-national-affordable-housing.md

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**(a) Rental housing** (1) **Qualification** — Housing that is for rental shall qualify as affordable housing under this subchapter only if the housing— (A) bears rents not greater than the lesser of (i) the existing fair market rent for comparable units in the area as established by the Secretary under [section 1437f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim), or (ii) a rent that does not exceed 30 percent of the adjusted income of a family whose income equals 65 percent of the median income for the area, as determined by the Secretary, with adjustment for number of bedrooms in the unit, except that the Secretary may establish income ceilings higher or lower than 65 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; (B) has not less than 20 percent of the units (i) occupied by very low-income families who pay as a contribution toward rent (excluding any Federal or State rental subsidy provided on behalf of the family) not more than 30 percent of the family’s monthly adjusted income as determined by the Secretary, or (ii) occupied by very low-income families and bearing rents not greater than the gross rent for rent-restricted residential units as determined under [section 42(g)(2) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section42/g/2&num=0&edition=prelim); (C) is occupied only by households that qualify as low-income families; (D) is not refused for leasing to a holder of a voucher or certificate of eligibility under [section 1437f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim) because of the status of the prospective tenant as a holder of such voucher or certificate of eligibility; (E) will remain affordable, according to binding commitments satisfactory to the Secretary, for the remaining useful life of the property, as determined by the Secretary, without regard to the term of the mortgage or to transfer of ownership, or for such other period that the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this Act, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if such action (i) recognizes any contractual or legal rights of public agencies, nonprofit sponsors, or others to take actions that would avoid termination of low-income affordability in the case of foreclosure or transfer in lieu of foreclosure, and (ii) is not for the purpose of avoiding low income affordability restrictions, as determined by the Secretary; and (F) if newly constructed, meets the energy efficiency standards promulgated by the Secretary in accordance with [section 12709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12709&num=0&edition=prelim). (2) **Adjustment of qualifying rent** — The Secretary may adjust the qualifying rent established for a project under subparagraph (A) of paragraph (1), only if the Secretary finds that such adjustment is necessary to support the continued financial viability of the project and only by such amount as the Secretary determines is necessary to maintain continued financial viability of the project. (3) **Increases in tenant income** — Housing shall qualify as affordable housing despite a temporary noncompliance with subparagraph (B) or (C) of paragraph (1) if such noncompliance is caused by increases in the incomes of existing tenants and if actions satisfactory to the Secretary are being taken to ensure that all vacancies are filled in accordance with paragraph (1) until such noncompliance is corrected. Tenants who no longer qualify as low-income families shall pay as rent the lesser of the amount payable by the tenant under State or local law or 30 percent of the family’s adjusted monthly income, as recertified annually. The preceding sentence shall not apply with respect to funds made available under this Act for units that have been allocated a low-income housing tax credit by a housing credit agency pursuant to [section 42 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section42&num=0&edition=prelim). (4) **Mixed-income project** — Housing that accounts for less than 100 percent of the dwelling units in a project shall qualify as affordable housing if such housing meets the criteria of this section. (5) **Mixed-use project** — Housing in a project that is designed in part for uses other than residential use shall qualify as affordable housing if such housing meets the criteria of this section. (6) **Waiver of qualifying rent** (A) *In general* — For the purpose of providing affordable housing appropriate for families described in subparagraph (B), the Secretary may, upon the application of the project owner, waive the applicability of subparagraph (A) of paragraph (1) with respect to a dwelling unit if— (i) the unit is occupied by such a family, on whose behalf tenant-based assistance is provided under [section 1437f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim); (ii) the rent for the unit is not greater than the existing fair market rent for comparable units in the area, as established by the Secretary under [section 1437f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim); and (iii) the Secretary determines that the waiver, together with waivers under this paragraph for other dwelling units in the project, will result in the use of amounts described in clause (iii) 11 So in original. in an effective manner that will improve the provision of affordable housing for such families. (B) *Eligible families* — A family described in this subparagraph is a family that consists of at least one elderly person (who is the head of household) and one or more of such person’s grand 22 So in original. Probably should be “grandchildren”. children, great grandchildren, great nieces, great nephews, or great great grandchildren (as defined by the Secretary), but does not include any parent of such grandchildren, great grandchildren, great nieces, great nephews, or great great grandchildren. Such term includes any such grandchildren, great grandchildren, great nieces, great nephews, or great great grandchildren who have been legally adopted by such elderly person. **(b) Homeownership** Housing that is for homeownership shall qualify as affordable housing under this subchapter only if the housing— (1) has an initial purchase price that does not exceed 95 percent of the median purchase price for the area, as determined by the Secretary with such adjustments for differences in structure, including whether the housing is single-family or multifamily, and for new and old housing as the Secretary determines to be appropriate; (2) is the principal residence of an owner whose family qualifies as a low-income family— (A) in the case of a contract to purchase existing housing, at the time of purchase; (B) in the case of a lease-purchase agreement for existing housing or for housing to be constructed, at the time the agreement is signed; or (C) in the case of a contract to purchase housing to be constructed, at the time the contract is signed; (3) is subject to resale restrictions that are established by the participating jurisdiction and determined by the Secretary to be appropriate to— (A) allow for subsequent purchase of the property only by persons who meet the qualifications specified under paragraph (2), at a price which will— (i) provide the owner with a fair return on investment, including any improvements, and (ii) ensure that the housing will remain affordable to a reasonable range of low-income homebuyers; or (B) recapture the investment provided under this subchapter in order to assist other persons in accordance with the requirements of this subchapter, except where there are no net proceeds or where the net proceeds are insufficient to repay the full amount of the assistance; and (4) if newly constructed, meets the energy efficiency standards promulgated by the Secretary in accordance with [section 12709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12709&num=0&edition=prelim).

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42 U.S.C. § 1437f — Repealed. Pub. L. 93–383, title II, § 204, Aug. 22, 1974, 88 Stat. 668

### Statutory Notes Section, act Aug. 2, 1954, ch. 649, title VIII, § 815, 68 Stat. 647, required submission of specifications by applicants prior to award of any contract for construction of a project and submission of data with respect to acquisition of land prior to authorization to purchase such land.

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42 U.S.C. § 12701 — National housing goal

The Congress affirms the national goal that every American family be able to afford a decent home in a suitable environment.

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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

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42 U.S.C. § 12709 — Energy efficiency standards

**(a) Establishment** (1) **In general** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1471&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437v&num=0&edition=prelim). (2) **Contents** — 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, S

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42 U.S.C. § 12744 — Authorization

There are authorized to be appropriated to carry out this subchapter $2,086,000,000 for fiscal year 1993, and $2,173,612,000 for fiscal year 1994, of which— (1) not more than $14,000,000 for fiscal year 1993, and $25,000,000 for fiscal year 1994, shall be for community housing partnership activities authorized under [section 12773 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12773&num=0&edition=prelim); 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.

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26 U.S.C. § 42 — Low-income housing credit

**(a) In general** For purposes of section 38, the amount of the low-income housing credit determined under this section for any taxable year in the credit period shall be an amount equal to— (1) the applicable percentage of (2) the qualified basis of each qualified low-income building. **(b) Applicable percentage: 70 percent present value credit for certain new buildings; 30 percent present value credit for certain other buildings** (1) **Determination of applicable percentage** — For purposes of this section— (A) *In general* — The term “applicable percentage” means, with respect to any building, the appropriate percentage prescribed by the Secretary for the earlier of— (i) the month in which such building is placed in service, or (ii) at the election of the taxpayer— (I) the month in which the taxpayer and the housing credit agency enter into an agreement with respect to such building (which is binding on such agency, the taxpayer, and all successors in interest) as to the housing credit dollar amount to be allocated to such building, or (II) in the case of any building to which subsection (h)(4)(B) applies, the month in which the tax-exempt obligations are issued. A month may be elected under clause (ii) only if the election is made not later than the 5th day after the close of such month. Such an election, once made, shall be irrevocable. (B) *Method of prescribing percentages* — The percentages prescribed by the Secretary for any month shall be percentages which will yield over a 10-year period amounts of credit under subsection (a) which have a present value equal to— (i) 70 percent of the qualified basis of a new building which is not federally subsidized for the taxable year, and (ii) 30 percent of the qualified b

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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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42 U.S.C. § 12741 — Findings

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1441&num=0&edition=prelim) 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 rem

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42 U.S.C. § 12752 — Allocation of resources

**(a) In general** (1) **States and units of general local government** — After reserving amounts under paragraph (3) for the insular areas, the Secretary shall allocate funds approved in an appropriation Act to carry out this subchapter by formula as provided in subsection (b). Of the funds made available under the preceding sentence, the Secretary shall initially allocate 60 percent among units of general local government and 40 percent among States. (2) **Repealed. Pub. L. 104–330, title V, § 505(a)(1)(B), Oct. 26, 1996, 110 Stat. 4044** (3) **11 See 1992 Amendment note below. Insular areas** — For each fiscal year, of any amounts approved in appropriation Acts to carry out this subchapter, the Secretary shall reserve for grants to the insular areas the greater of (A) $750,000, or (B) 0.2 percent of the amounts appropriated under such Acts. The Secretary shall provide for the distribution of amounts reserved under this paragraph among the insular areas pursuant to specific criteria for such distribution, which shall be contained in a regulation issued by the Secretary. **(b) Formula allocation** (1) **In general** (A) *Basic formula* — The Secretary shall establish in 22 So in original. Probably should be “by”. regulation an allocation formula that reflects each jurisdiction’s share of total need among eligible jurisdiction 33 So in original. Probably should be “jurisdictions”. for an increased supply of affordable housing for very low-income and low-income families of different size, as identified by objective measures of inadequate housing supply, substandard housing, the number of low-income families in housing likely to be in need of rehabilitation, the costs of producing housing, poverty, and the relative fiscal incapacity of the jurisdiction to carry ou

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42 U.S.C. § 12750 — Matching requirements

Page 8466 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12750 such jurisdiction’s HOME Investment Trust Fund, except that, if the jurisdiction is not a participating jurisdiction when such payment or repayment is made, the amount of such pay- ment or repayment shall be reallocated in ac- cordance with section 12747(d) of this title. (b) Assurance of repayment Each participating jurisdiction shall enter into an agreement with the Secretary ensuring that funds invested in affordable housing under this part are repayable when the housing no longer qualifies as affordable housing. Any re- payment under the previous sentence shall be for deposit in the HOME Investment Trust Fund of the jurisdiction making the investment; ex- cept that if such jurisdiction is not a partici- pating jurisdiction when such repayment is made, the amount of such repayment shall be reallocated in accordance with section 12747(d) of this title. (c) Availability The Secretary shall take such actions as are necessary to ensure that any repayments depos- ited in a HOME Investment Trust Fund in ac- cordance with this section shall be immediately available to the participating jurisdiction for in- vestment subject to the provisions of this part that apply to funds that are allocated under sec- tion 12747 of this title. Actions authorized under the preceding sentence may include authorizing the establishment for a participating jurisdic- tion of a HOME Investment Trust Fund account outside of the Federal Government that, under arrangements satisfactory to the Secretary, shall be used solely to invest in affordable hous- ing within the participating jurisdiction’s boundaries in accordance with the provisions of this subchapter. Such accounts shall be estab- lished in such a manner

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