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42 U.S.C. § 12745 — Notice
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12745
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Stable record: federal_law:legal_authorities:record_usc_81097b361b51103316350264
Source file: Laws/federal/codes/united-states-code/title-42/section-12745-notice--fd8ea92a05.md
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Passage SHA-256: 551ce8a3393dfad2514ce87db7383dfbfce5e9859f892fbf9036f1c08d800379
Source location: Title 42, Chapter 130, § 12745; chapter-130-national-affordable-housing.md
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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
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants authorized**
(1) **In general** — The Secretary of Health and Human Services, acting through the Administration for Children and Families, in partnership with the Secretary of Housing and Urban Development, shall award grants, contracts, or cooperative agreements for a period of not less than 2 years to eligible entities to develop long-term sustainability and self-sufficiency options for adult and youth victims of domestic violence, dating violence, sexual assault, and stalking who are currently homeless or at risk for becoming homeless.
(2) **Amount** — The Secretary of Health and Human Services shall award funds in amounts—
(A) not less than $25,000 per year; and
(B) not more than $1,000,000 per year.
**(b) Eligible entities** To be eligible to receive funds under this section, an entity shall demonstrate that it is a coalition or partnership, applying jointly, that—
(1) shall include a domestic violence victim service provider;
(2) shall include—
(A) a homeless service provider;
(B) a nonprofit, nongovernmental community housing development organization or a Department of Agriculture rural housing service program; or
(C) in the absence of a homeless service provider on tribal lands or nonprofit, nongovernmental community housing development organization on tribal lands, a tribally designated housing entity or tribal housing consortium;
(3) may include a dating violence, sexual assault, or stalking victim service provider;
(4) may include housing developers, housing corporations, State housing finance agencies, other housing agencies, and associations representing landlords;
(5) may include a public housing agency or tribally designated housing entity;
(6) may include tenant organizations in public or tribally designated housing,
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12475
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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.
**(b) Contents** 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12705
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12745&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12749
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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 subchapt
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12755
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, the following definitions shall apply:
(1) **Abatement** — The term “abatement” means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by appropriate Federal agencies. Such term includes—
(A) the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and
(B) all preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures.
(2) **Accessible surface** — The term “accessible surface” means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew.
(3) **Certified contractor** — The term “certified contractor” means—
(A) a contractor, inspector, or supervisor who has completed a training program certified by the appropriate Federal agency and has met any other requirements for certification or licensure established by such agency or who has been certified by any State through a program which has been found by such Federal agency to be at least as rigorous as the Federal certification program; and
(B) workers or designers who have fully met training requirements established by the appropriate Federal agency.
(4) **Contract for the purchase and sale of residential real property** — The term “contract for the purchase and sale of residential real property” means any contract or agreement in which one party agrees to purchase an interest in real property on which there is situated 1 or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4852b
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Federal law — U.S. Code and appendices · legal_authorities
Page 8458
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12745
1 So in original.
2 So in original. Probably should be ‘‘grandchildren’’.
§ 12745. Qualification as affordable housing
(a) Rental housing
(1) Qualification
Housing that is for rental shall qualify as af-
fordable housing under this subchapter only if
the housing—
(A) bears rents not greater than the lesser
of (i) the existing fair market rent for com-
parable units in the area as established by
the Secretary under section 1437f of this
title, or (ii) a rent that does not exceed 30
percent of the adjusted income of a family
whose income equals 65 percent of the me-
dian income for the area, as determined by
the Secretary, with adjustment for number
of bedrooms in the unit, except that the Sec-
retary may establish income ceilings higher
or lower than 65 percent of the median for
the area on the basis of the Secretary’s find-
ings that such variations are necessary be-
cause 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 fami-
lies who pay as a contribution toward rent
(excluding any Federal or State rental sub-
sidy provided on behalf of the family) not
more than 30 percent of the family’s month-
ly adjusted income as determined by the
Secretary, or (ii) occupied by very low-in-
come families and bearing rents not greater
than the gross rent for rent-restricted resi-
dential units as determined under section
42(g)(2) of title 26;
(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 because of the sta-
tus of the pro
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12745
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.