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42 U.S.C. § 12751 — Participation by States and local governments

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42 U.S.C. § 12751 — Participation by States and local governments

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Source file: Laws/federal/codes/united-states-code/title-42/section-12751-participation-by-states-and-local-governments--bda7b27774.md
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Source location: Title 42, Chapter 130, § 12751; chapter-130-national-affordable-housing.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12747&num=0&edition=prelim) shall be eligible to become a participating jurisdiction if its formula allocation is $750,000 or greater, or if the Secretary finds that— (i) the jurisdiction has a local housing authority and has demonstrated a capacity to carry out provisions of this part, and (ii) the State has authorized the Secretary to transfer to the jurisdiction a portion of the State’s allocation that is equal to or greater than the difference between the jurisdiction’s formula allocation and $750,000, or the State or jurisdiction has made available from the State’s or jurisdiction’s own sources an equal amount for use by the jurisdiction in conformance with the provisions of this part. (B) If a jurisdiction has met the requirements of subparagraph (A), the jurisdiction’s formula allocation for a fiscal year shall subsequently be deemed to equal the sum of the jurisdiction’s allocation under [section 12747(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12747/a/1&num=0&edition=prelim) and the amount made available to the jurisdiction under subparagraph (A)(ii). (4) **Notification** — If an eligible jurisdiction notifies the Secretary in writing, not later than 30 days after receiving notification under paragraph (1), of its intention to become a participating jurisdiction, the Secretary shall reserve an amount equal to the jurisdiction’s allocation (plus any reallocations for which the jurisdiction is eligible under [section 12747(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12747/d/1&num=0&edition=prelim)) pending the jurisdiction’s designation as a participating jurisdiction. The Secretary shall reallocate, in accordance with paragraph (6) of this section, any funds reserved under the previous sentence if the Secretary determines that the jurisdiction will not meet the requirements for designation as a participating jurisdiction within a reasonable period of time. (5) **Submission of strategy** — Not later than 90 days after providing notification under paragraph (4), an eligible jurisdiction shall submit to the Secretary a comprehensive housing affordability strategy in accordance with [section 12705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12705&num=0&edition=prelim). (6) **Reallocation** — If the Secretary determines that a jurisdiction has failed to meet the requirements of the previous 3 paragraphs or if the Secretary, after providing for amendments and resubmissions in accordance with [section 12705(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12705/c/3&num=0&edition=prelim), disapproves the jurisdiction’s comprehensive housing affordability strategy, the Secretary shall reallocate any funds reserved for the jurisdiction as follows: (A) *State* — If a State has failed to meet the requirements, the Secretary shall— (i) make any funds reserved for the State available by direct reallocation among applications submitted by units of general local government within the State or consortia that include units of general local government within the State, insofar as approvable applications meeting the selection criteria under [section 12747(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12747/c&num=0&edition=prelim) are received within 12 months after the funds become available for the direct reallocation, and (ii) reallocate the remainder by formula in accordance with [section 12747(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12747/b&num=0&edition=prelim). (B) *Local* — If a unit of general local government has failed to meet the requirements and is located in a State that is a participating jurisdiction, the Secretary shall reallocate to the State any funds reserved for the locality, with preference going to the provision of affordable housing within the locality. (C) *Direct reallocation* — If a unit of general local government has failed to meet the requirements and is located in a State that is not a participating jurisdiction, the Secretary shall— (i) make any funds reserved for the locality available for use within the State by direct reallocation among units of general local government and community housing development organizations, insofar as approvable applications meeting the selection criteria under [section 12747(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12747/c&num=0&edition=prelim) are received within 12 months after the funds become available for the direct reallocation with priority going to applications for affordable housing within the locality, and (ii) reallocate the remainder in accordance with [section 12747(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12747/b&num=0&edition=prelim). (D) *Certain jurisdictions deemed to be participating jurisdictions* — If a State or unit of general local government is meeting the requirements of paragraphs (3), (4), and (5), it shall be deemed to be a participating jurisdiction for purposes of reallocation under this paragraph. (7) **Designation** — The Secretary shall designate an eligible jurisdiction to be a participating jurisdiction as soon as its comprehensive housing affordability strategy is approved in accordance with [section 12705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12705&num=0&edition=prelim). (8) **Continuous designation** — Once a State or unit of general local government is designated a participating jurisdiction, it shall remain a participating jurisdiction for subsequent fiscal years, except as provided in paragraph (9). The provisions of paragraphs (3) through (6) shall not apply to participating jurisdictions. (9) **Revocation** — The Secretary may revoke a jurisdiction’s designation as a participating jurisdiction if— (A) the Secretary finds, after reasonable notice and opportunity for hearing, that the jurisdiction is unwilling or unable to carry out the provisions of this subchapter, or (B) the jurisdiction’s allocation falls below $750,000 for 3 consecutive years, below $625,000 for 2 consecutive years, or the jurisdiction does not receive a formula allocation of $500,000 or more in any 1 year, except as provided in paragraph (10). If a jurisdiction’s designation as a participating jurisdiction is revoked, any remaining line of credit in the jurisdiction’s HOME Investment Trust Fund established under [section 12748 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12748&num=0&edition=prelim) shall be reallocated in accordance with paragraph (6) of this section. (10) **Threshold reduction** — If the amount appropriated pursuant to [section 12724 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12724&num=0&edition=prelim) for any fiscal year is less than $1,500,000,000, then this section shall be applied during that year— (A) by substituting “$500,000” for “$750,000” both places it appears in paragraph (3); and (B) by substituting “$500,000”, “$410,000”, and “$335,000” for “$750,000”, “$625,000”, and “$500,000”, respectively, where they appear in paragraph (9).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12724 — Termination of existing housing programs

**(a) In general** Except with respect to projects and programs for which binding commitments have been entered into prior to October 1, 1991, no new grants or loans shall be made after October 1, 1991, under— (1) section 17 of the United States Housing Act of 1937 [[42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim)o]; (2) section 312 of the Housing Act of 1964 [[42 U.S.C. 1452b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1452b&num=0&edition=prelim)]; (3) title VI of the Housing and Community Development Act of 1987; (4) section 8(e)(2) of the United States Housing Act of 1937 [[42 U.S.C. 1437f(e)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f/e/2&num=0&edition=prelim)], except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act [[42 U.S.C. 11360](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11360&num=0&edition=prelim) et seq.]; and (5) section 810 of the Housing and Community Development Act of 1974 [[12 U.S.C. 1706e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1706e&num=0&edition=prelim)]. **(b) Repeals** (1) **In general** — Except as provided in paragraph (2), effective on October 1, 1991, the provisions of law referred to in subsection (a) are repealed. (2) **No effect on SRO program** — The provision of law referred to in subsection (a)(4) shall remain in effect with respect to single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act [[42 U.S.C. 11360](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-titl

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12724

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12748 — Development of model programs

**(a) In general** The Secretary shall— (1) in cooperation with participating jurisdictions, government-sponsored mortgage finance corporations, nonprofit organizations, the private sector, and other appropriate parties, develop, test, evaluate, refine, and, as necessary, replace a selection of model programs designed to carry out the purposes of this subchapter; (2) make available to participating jurisdictions alternative model programs, which shall include suggested guidelines, procedures, forms, legal documents and such other elements as the Secretary determines to be appropriate; (3) assure, insofar as is feasible, the availability of an appropriate variety of model programs designed for local market conditions, housing problems, project characteristics, and managerial capacities as they differ among participating jurisdictions; (4) negotiate and enter into agreements with agencies of the Federal Government, participating jurisdictions, private financial institutions, government-sponsored mortgage finance corporations, nonprofit organizations, and other entities to provide such services, products, or financing as may be required for the implementation of a model program; (5) provide detailed information on model programs as requested by participating jurisdictions, private financial institutions, developers, nonprofit organizations, and other interested parties; and (6) encourage the use of such model programs to achieve efficiency, economies of scale, and effectiveness in the investment of funds made available under this part through third-party training, printed materials, and such other means of support as the Secretary determines will achieve the purpose of this subchapter. **(b) Adoption of programs** Except as provided in [section 12753(2) of this titl

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12747 — Eligible uses of investment

**(a) Housing uses** (1) **In general** — Funds made available under this part may be used by participating jurisdictions to provide incentives to develop and support affordable rental housing and homeownership affordability through the acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, including real property acquisition, site improvement, conversion, demolition, and other expenses, including financing costs, relocation expenses of any displaced persons, families, businesses, or organizations, to provide for the payment of reasonable administrative and planning costs, to provide for the payment of operating expenses of community housing development organizations, and to provide tenant-based rental assistance. For the purpose of this part, the term “affordable housing” includes permanent housing for disabled homeless persons, transitional housing, and single room occupancy housing. (2) **Preference to rehabilitation** — A participating jurisdiction shall give preference to rehabilitation of substandard housing unless the jurisdiction determines that— (A) such rehabilitation is not the most cost effective way to meet the jurisdiction’s need to expand the supply of affordable housing; and (B) the jurisdiction’s housing needs cannot be met through rehabilitation of the available stock. The Secretary shall not restrict a participating jurisdiction’s choice of rehabilitation, substantial rehabilitation, new construction, reconstruction, acquisition, or other eligible housing use unless such restriction is explicitly authorized under [section 12753(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12753/2&num=0&edition=prelim). (3) **Tenant-based rental assistan

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12705 — State and local housing strategies

**(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12746 — Authority

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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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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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12751 — Private-public partnership

Page 8468 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12751 spect to fiscal year 1993 and each fiscal year there- after.’’ Amendment by section 207(c) of Pub. L. 102–550 appli- cable 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. § 12751. Private-public partnership Each participating jurisdiction shall make all reasonable efforts, consistent with the purposes of this subchapter, to maximize participation by the private sector, including nonprofit organiza- tions and for-profit entities, in the implementa- tion of the jurisdiction’s housing strategy, in- cluding participation in the financing, develop- ment, rehabilitation and management of afford- able housing. Nothing in the previous sentence shall preclude public housing authorities from fully participating in the implementation of a jurisdiction’s housing strategy. (Pub. L. 101–625, title II, § 221, Nov. 28, 1990, 104 Stat. 4112.) § 12752. Distribution of assistance (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, ac- cording to the priorities of housing need identi- fied in the jurisdiction’s approved housing strat- egy. (b) State Participating States shall be responsible for distributing assistance throughout the State ac- cording to the State’s assessment of the geo- graphical distribution of the housing need with- in the State, as identified in the State’s ap- proved housing strategy. Participating States shall distribute assistance to rural areas in amounts that take into accoun

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