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42 U.S.C. § 12744 — Authorization
Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated to carry out this subchapter $2,086,000,000 for fiscal year 1993, and $2,173,612,000 for fiscal year 1994, of which—
(1) not more than $14,000,000 for fiscal year 1993, and $25,000,000 for fiscal year 1994, shall be for community housing partnership activities authorized under [section 12773 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12773&num=0&edition=prelim); and
(2) not more than $11,000,000 for fiscal year 1993, and $22,000,000 for fiscal year 1994, shall be for activities in support of State and local housing strategies authorized under part C.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12744
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Stable record: federal_law:legal_authorities:record_usc_f55fc6fdbc036dfbe561f49e
Source file: Laws/federal/codes/united-states-code/title-42/section-12744-authorization--d3e405c235.md
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Passage SHA-256: 54e2c15bd757a673c7cff4cdca0e018ceea30153831c88ba15acc4e880c2f23e
Source location: Title 42, Chapter 130, § 12744; chapter-130-national-affordable-housing.md
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There are authorized to be appropriated to carry out this subchapter $2,086,000,000 for fiscal year 1993, and $2,173,612,000 for fiscal year 1994, of which—
(1) not more than $14,000,000 for fiscal year 1993, and $25,000,000 for fiscal year 1994, shall be for community housing partnership activities authorized under [section 12773 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12773&num=0&edition=prelim); and
(2) not more than $11,000,000 for fiscal year 1993, and $22,000,000 for fiscal year 1994, shall be for activities in support of State and local housing strategies authorized under part C.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision of this Act, the Secretary shall ensure that funds provided under this part are not employed to carry out housing remedies or to pay fines, penalties, or costs associated with an action in which—
(1) a participating jurisdiction has been adjudicated, by a Federal, State, or local court, to be in violation of title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.], the Fair Housing Act [[42 U.S.C. 3601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3601&num=0&edition=prelim) et seq.], or any other Federal, State, or local law promoting fair housing or prohibiting discrimination, or
(2) a settlement has been entered into in any case where claims of such violations have been asserted against a participating jurisdiction, except to the extent permitted by subsection (b).
**(b) Remedial use of funds permitted** In the case of settlement described in subsection (a)(2), a jurisdiction may use funds provided under this Act to carry out housing remedies with eligible activities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12773
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rental housing**
(1) **Qualification** — Housing that is for rental shall qualify as affordable housing under this subchapter only if the housing—
(A) bears rents not greater than the lesser of (i) the existing fair market rent for comparable units in the area as established by the Secretary under [section 1437f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim), or (ii) a rent that does not exceed 30 percent of the adjusted income of a family whose income equals 65 percent of the median income for the area, as determined by the Secretary, with adjustment for number of bedrooms in the unit, except that the Secretary may establish income ceilings higher or lower than 65 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 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 families who pay as a contribution toward rent (excluding any Federal or State rental subsidy provided on behalf of the family) not more than 30 percent of the family’s monthly adjusted income as determined by the Secretary, or (ii) occupied by very low-income families and bearing rents not greater than the gross rent for rent-restricted residential units as determined under [section 42(g)(2) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section42/g/2&num=0&edition=prelim);
(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](https://uscode.house.go
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12750
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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
**(a) Repayable advances**
(1) **In general** — The Secretary shall make available a model program under which repayable advances may be made to public and private project sponsors in constructing, acquiring, or substantially rehabilitating projects to be used as affordable rental housing, including limited equity cooperatives and mutual housing.
(2) **Maximum amount of advance** — An advance under this model program shall not exceed 50 percent of the total costs associated with the construction, acquisition, or substantial rehabilitation of the project, as determined by the participating jurisdiction.
(3) **Terms of repayment**
(A) *Interest payments*
(i) *In general* — Under the model program, advances shall be repaid with interest calculated at a rate of not more than 3 percent per year, as determined by the participating jurisdiction to be appropriate. Interest shall begin to accrue 1 year after the completion of the construction, acquisition, or substantial rehabilitation of the project and shall be payable in annual installments.
(ii) *Exception* — Interest and any accrued interest shall be payable only from the surplus cash flow of the project, after a minimum return on equity determined by the participating jurisdiction to be appropriate. As used in the previous sentence, the term “surplus cash flow” means the cash flow of the project after the payment of all amounts due under the first mortgage, operating expenses, and required replacement reserves, as determined by the participating jurisdiction.
(B) *Additional interest payments* — Under the model program, for any year in which the sum of the surplus cash flow of a project and the return on equity exceeds all interest payments due under subparagraph (A), 50 percent of the excess surplus cas
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12807
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Federal law — U.S. Code and appendices · legal_authorities
Page 8457
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12744
necessary, replace a selection of model pro-
grams designed to carry out the purposes of
this subchapter;
(2) make available to participating jurisdic-
tions alternative model programs, which shall
include
suggested
guidelines,
procedures,
forms, legal documents and such other ele-
ments as the Secretary determines to be ap-
propriate;
(3) assure, insofar as is feasible, the avail-
ability of an appropriate variety of model pro-
grams 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, partici-
pating jurisdictions, private financial institu-
tions, government-sponsored mortgage finance
corporations,
nonprofit
organizations,
and
other entities to provide such services, prod-
ucts, or financing as may be required for the
implementation of a model program;
(5) provide detailed information on model
programs as requested by participating juris-
dictions, private financial institutions, devel-
opers, nonprofit organizations, and other in-
terested parties; and
(6) encourage the use of such model pro-
grams 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
title, each participating jurisdiction shall have
the discretion to adopt one or more model pro-
grams, adapt one or more model programs to its
own requirements,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12744
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.