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42 U.S.C. § 12746 — Authority
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_c9dfd3a81ad7bae0679e4846
Source file: Laws/federal/codes/united-states-code/title-42/section-12746-the-secretary-is-authorized-to-make-funds-available-to-participating-jur--819985279e.md
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Source location: Title 42, Chapter 130, § 12746; chapter-130-national-affordable-housing.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12704
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall designate a State or unit of general local government to be a participating jurisdiction when it complies with procedures that the Secretary shall establish by regulation, which procedures shall only provide for the following:
(1) **Allocation** — Not later than 20 days after funds to carry out this part become available (or, during the first year after November 28, 1990, not later than 20 days after (A) funds to carry out this part are provided in an appropriations Act, or (B) regulations to implement this part are promulgated, whichever is later), the Secretary shall allocate funds in accordance with [section 12747 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12747&num=0&edition=prelim) and promptly notify each jurisdiction receiving a formula allocation of its allocation amount. If a jurisdiction is not already a participating jurisdiction, the Secretary shall inform the jurisdiction in writing how the jurisdiction may become a participating jurisdiction.
(2) **Consortia** — A consortium of geographically contiguous units of general local government shall be deemed to be a unit of general local government for purposes of this subchapter if the Secretary determines that the consortium—
(A) has sufficient authority and administrative capability to carry out the purposes of this subchapter on behalf of its member jurisdictions, and
(B) will, according to a written certification by the State (or States, if the consortium includes jurisdictions in more than one State), direct its activities to alleviation of housing problems within the State or States.
(3) **Eligibility**
(A) Except as provided in paragraph (10), a jurisdiction receiving a formula allocation under [section 12747 of this title](h
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12751
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12752
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Federal law — U.S. Code and appendices · legal_authorities
Page 8460
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12746
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–550 applicable to unex-
pended funds allocated under subchapter II of this
chapter in fiscal year 1992, except as otherwise specifi-
cally provided, see section 223 of Pub. L. 102–550, set out
as a note under section 12704 of this title.
HOME INVESTMENT PARTNERSHIPS PROGRAM
Pub. L. 114–113, div. L, title II, Dec. 18, 2015, 129 Stat.
2878, provided in part: ‘‘That with respect to funds
made available under this heading [HOME INVESTMENT
PARTNERSHIPS PROGRAM, see 129 Stat. 2878] pursuant to
such Act [probably means title II of Pub. L. 101–625] and
funds provided in prior and subsequent appropriations
acts that were or are used by community land trusts
for the development of affordable homeownership hous-
ing pursuant to section 215(b) of such Act [42 U.S.C.
12745(b)], such community land trusts, notwithstanding
section 215(b)(3)(A) of such Act [42 U.S.C. 12745(b)(3)(A)],
may hold and exercise purchase options, rights of first
refusal or other preemptive rights to purchase the
housing to preserve affordability, including but not
limited to the right to purchase the housing in lieu of
foreclosure’’.
§ 12746. Participation by States and local govern-
ments
The Secretary shall designate a State or unit
of general local government to be a partici-
pating jurisdiction when it complies with proce-
dures that the Secretary shall establish by regu-
lation, which procedures shall only provide for
the following:
(1) Allocation
Not later than 20 days after funds to carry
out this part become available (or, during the
first year after November 28, 1990, not later
than 20 days after (A) funds to carry out this
part are provided in an appropriati
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12746
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