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42 U.S.C. § 12749 — Income targeting
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
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Stable record: federal_law:legal_authorities:record_usc_dd6969a35f394aa9c7d15410
Source file: Laws/federal/codes/united-states-code/title-42/section-12749-income-targeting--fae31eb208.md
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Source location: Title 42, Chapter 130, § 12749; chapter-130-national-affordable-housing.md
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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).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish for each participating jurisdiction a HOME Investment Trust Fund, which shall be an account (or accounts as provided in [section 12749(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12749/c&num=0&edition=prelim)) for use solely to invest in affordable housing within the participating jurisdiction’s boundaries or within the boundaries of contiguous jurisdictions in joint projects which serve residents from both jurisdictions in accordance with the provisions of this part.
**(b) Line of credit** The Secretary shall establish a line of credit in the HOME Investment Trust Fund of each participating jurisdiction, which line of credit shall include—
(1) funds allocated or reallocated to the participating jurisdiction under [section 12747 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12747&num=0&edition=prelim), and
(2) any payment or repayment made pursuant to [section 12749 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12749&num=0&edition=prelim).
**(c) Reductions** A participating jurisdiction’s line of credit shall be reduced by—
(1) funds drawn from the HOME Investment Trust Fund by the participating jurisdiction,
(2) funds expiring under subsection (g), and
(3) any penalties assessed by the Secretary under section 12754 11 So in original. Probably should be section “12753”. of this title.
**(d) Certification** A participating jurisdiction may draw funds from its HOME Investment Trust Fund, but not to exceed the remaining line of credit, only after providing certification that the funds shall be used pursuant to the participating jurisdiction’s approved housing strategy and in c
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12753
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Federal law — U.S. Code and appendices · legal_authorities
Page 8465
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12749
1 So in original. Probably should be section ‘‘12753’’.
Pub. L. 104–330, title V, § 505(b), Oct. 26, 1996, 110 Stat.
4044, provided that: ‘‘The amendments under subsection
(a) [amending this section and section 12838 of this
title] shall apply with respect to amounts made avail-
able for assistance under title II of the Cranston-Gon-
zalez National Affordable Housing Act [42 U.S.C. 12721
et seq.] for fiscal year 1998 and fiscal years thereafter.’’
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by section 211(a)(2) of Pub. L. 102–550 ap-
plicable with respect to fiscal year 1993 and thereafter,
see section 211(b) of Pub. L. 102–550, set out as a note
under section 12704 of this title.
Amendment by sections 202(b) and 203(b) of Pub. L.
102–550 applicable 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.
APPLICABILITY OF GRANT THRESHOLDS
Grant thresholds provided for in subsec. (b) of this
section as amended by Pub. L. 102–550 to apply notwith-
standing any other provision of law, see section 202(c)
of Pub. L. 102–550, set out as a note under section 12746
of this title.
EXPEDITED ISSUANCE OF REGULATION
Pub. L. 102–550, title II, § 211(a)(3), Oct. 28, 1992, 106
Stat. 3757, provided that: ‘‘The regulation referred to in
the amendment made by paragraph (2)(D) [amending
this section] shall take effect not later than the expira-
tion of the 90-day period beginning on the date of the
enactment of this Act [Oct. 28, 1992]. The regulation
shall not be subject to the requirements of subsections
(b) and (c) of section 553 of title 5, Uni
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12749
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.