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42 U.S.C. § 12771 — Distribution of assistance
Federal law — U.S. Code and appendices · legal_authorities
**(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, according to the priorities of housing need identified in the jurisdiction’s approved housing strategy.
**(b) State** Participating States shall be responsible for distributing assistance throughout the State according to the State’s assessment of the geographical distribution of the housing need within the State, as identified in the State’s approved housing strategy. Participating States shall distribute assistance to rural areas in amounts that take into account the nonmetropolitan share of the State’s total population and objective measures of rural housing need, such as poverty and substandard housing, as set forth in the State’s housing strategy approved under [section 12705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12705&num=0&edition=prelim). To the extent the need is within the boundaries of a participating unit of general local government, the State and the unit of general local government shall coordinate activities to address that need.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12771
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Stable record: federal_law:legal_authorities:record_usc_a0ed12d1c0685d4a3e0566b7
Source file: Laws/federal/codes/united-states-code/title-42/section-12771-distribution-of-assistance--3f1891f850.md
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Passage SHA-256: ef3c056134b9a0f317c1a28f116851f028fc5d489fed1d467aa75bb96a02c581
Source location: Title 42, Chapter 130, § 12771; chapter-130-national-affordable-housing.md
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**(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, according to the priorities of housing need identified in the jurisdiction’s approved housing strategy.
**(b) State** Participating States shall be responsible for distributing assistance throughout the State according to the State’s assessment of the geographical distribution of the housing need within the State, as identified in the State’s approved housing strategy. Participating States shall distribute assistance to rural areas in amounts that take into account the nonmetropolitan share of the State’s total population and objective measures of rural housing need, such as poverty and substandard housing, as set forth in the State’s housing strategy approved under [section 12705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12705&num=0&edition=prelim). To the extent the need is within the boundaries of a participating unit of general local government, the State and the unit of general local government shall coordinate activities to address that need.
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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
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12741
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Amounts reserved under [section 12771 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12771&num=0&edition=prelim) may be used for activities eligible under [section 12742 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12742&num=0&edition=prelim) and, in amounts not to exceed 10 percent of the amounts so reserved, for other activities specified under this section.
**(b) Project-specific technical assistance and site control loans**
(1) **In general** — Amounts reserved under [section 12771 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12771&num=0&edition=prelim) may be used to provide technical assistance and site control loans to community housing development organizations in the early stages of site development for an eligible project. Such loans shall not exceed amounts that the jurisdiction determines to be customary and reasonable project preparation costs allowable under paragraph (2).
(2) **Allowable expenses** — A loan under this subsection may be provided to cover project expenses necessary to determine project feasibility (including costs of an initial feasibility study), consulting fees, costs of preliminary financial applications, legal fees, architectural fees, engineering fees, engagement of a development team, site control and title clearance.
(3) **Repayment** — A community housing development organization that receives a loan under this subsection shall repay the loan to the participating jurisdiction’s HOME Investment Trust Fund from construction loan proceeds or other project income. The participating jurisdiction may waive repayment of the loan, in part or in whole, if there are impediments to proje
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12783
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Federal law — U.S. Code and appendices · legal_authorities
Page 8469
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12771
1 So in original. The word ‘‘for’’ probably should not appear.
(b) Termination of tenancy
An owner shall not terminate the tenancy or
refuse to renew the lease of a tenant of rental
housing assisted under this subchapter except
for serious or repeated violation of the terms
and conditions of the lease, for violation of ap-
plicable Federal, State, or local law, or for other
good cause. Any termination or refusal to renew
must be preceded by not less than 30 days by the
owner’s service upon the tenant of a written no-
tice specifying the grounds for the action. Such
30-day waiting period is not required if the
grounds for the termination or refusal to renew
involve a direct threat to the safety of the ten-
ants or employees of the housing, or an immi-
nent and serious threat to the property (and the
termination or refusal to renew is in accordance
with the requirements of State or local law).
(c) Maintenance and replacement
The owner of rental housing assisted under
this subchapter shall maintain the premises in
compliance with all applicable housing quality
standards and local code requirements.
(d) Tenant selection
The owner of rental housing assisted under
this subchapter shall adopt written tenant selec-
tion policies and criteria that—
(1) are consistent with the purpose of pro-
viding housing for very low-income and low-
income families,
(2) are reasonably related to program eligi-
bility and the applicant’s ability to perform
the obligations of the lease,
(3) give reasonable consideration to the
housing needs of families that would have a
preference under section 1437d(c)(4)(A) of this
title, and
(4) provide for (A) the selection of tenants
from a written waiting list in the chr
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12771
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.