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42 U.S.C. § 12704 — Definitions

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

42 U.S.C. § 12704 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_fab7a916e167291416c3ce7d
Source file: Laws/federal/codes/united-states-code/title-42/section-12704-definitions--69aa18311e.md
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Source location: Title 42, Chapter 130, § 12704; chapter-130-national-affordable-housing.md

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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 accountability acceptable to the Secretary, and (D) has among its purposes significant activities related to the provision of decent housing that is affordable to low-income and moderate-income persons. (6) The term “community housing development organization” means a nonprofit organization as defined in paragraph (5), that— (A) has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons; (B) maintains, through significant representation on the organization’s governing board and otherwise, accountability to low-income community residents and, to the extent practicable, low-income beneficiaries with regard to decisions on the design, siting, development, and management of affordable housing; (C) has a demonstrated capacity for carrying out activities assisted under this Act; and (D) has a history of serving the local community or communities within which housing to be assisted under this Act is to be located. In the case of an organization serving more than one county, the Secretary may not require that such organization, to be considered a community housing development organization for purposes of this Act, include as members on the organization’s governing board low-income persons residing in each county served. (7) The term “government-sponsored mortgage finance corporations” means the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Agricultural Mortgage Corporation. (8) The term “housing” includes manufactured housing and manufactured housing lots and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings. (9) The term “very low-income families” means low-income families whose incomes do not exceed 50 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 50 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. (10) The term “low-income families” means families whose incomes do not exceed 80 percent of the median 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 80 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. (11) The term “families” has the same meaning given that term by [section 1437a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437a&num=0&edition=prelim). (12) The term “security” has the same meaning as in [section 77b of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section77b&num=0&edition=prelim). (13) The term “displaced homemaker” means an individual who— (A) is an adult; (B) has not worked full-time full-year in the labor force for a number of years but has, during such years, worked primarily without remuneration to care for the home and family; and (C) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. (14) The term “first-time homebuyer” means an individual and his or her spouse who have not owned a home during the 3-year period prior to purchase of a home with assistance under subchapter II, except that— (A) any individual who is a displaced homemaker may not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse; (B) any individual who is a single parent may not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual, while married, owned a home with his or her spouse or resided in a home owned by the spouse; and (C) an individual shall not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual owns or owned, as a principal residence during such 3-year period, a dwelling unit whose structure is— (i) not permanently affixed to a permanent foundation in accordance with local or other applicable regulations, or (ii) not in compliance with State, local, or model building codes, or other applicable codes, and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure. (15) The term “single parent” means an individual who— (A) is unmarried or legally separated from a spouse; and (B) (i) has 1 or more minor children for whom the individual has custody or joint custody; or (ii) is pregnant. (16) The term “Secretary” means the Secretary of Housing and Urban Development, unless otherwise specified in this Act. (17) The term “substantial rehabilitation” means the rehabilitation of residential property at an average cost in excess of $25,000 per dwelling unit. (18) The term “public housing agency” has the meaning given the term in [section 1437a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437a/b&num=0&edition=prelim). (19) The term “metropolitan city” has the meaning given the term in [section 5302(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5302/a/4&num=0&edition=prelim). (20) The term “urban county” has the meaning given the term in [section 5302(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5302/a/6&num=0&edition=prelim). (21) The term “certification” means a written assertion, based on supporting evidence, which shall be kept available for inspection by the Secretary, the Inspector General and the public, which assertion shall be deemed to be accurate for purposes of this Act, unless the Secretary determines otherwise after inspecting the evidence and providing due notice and opportunity for comment. (23) 11 So in original. Probably should be “(22)”. The term “to demonstrate to the Secretary” means to submit to the Secretary a written assertion together with supporting evidence that, in the determination of the Secretary, supports the accuracy of the assertion. (24) 22 So in original. Two pars. (24) have been enacted. The term “insular area” means any of the following: Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa. (24) 2 The term “energy efficient mortgage” means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage. (25) The term “energy efficient mortgage” means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.

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

42 U.S.C. § 12701 — National housing goal

The Congress affirms the national goal that every American family be able to afford a decent home in a suitable environment.

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

42 U.S.C. § 5301 — Congressional findings and declaration of purpose

**(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

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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. § 1437a — Secretary of Housing and Urban Development; right to sue; expenses

The Secretary of Housing and Urban Development may sue and be sued only with respect to its functions under the United States Housing Act of 1937, as amended [[42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.], and title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, as amended [[42 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1501&num=0&edition=prelim) et seq.]. Funds made available for carrying out the functions, powers, and duties of the Secretary of Housing and Urban Development (including appropriations therefor, which are authorized) shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary of Housing and Urban Development. Notwithstanding any other provisions of law except provisions of law enacted after August 10, 1948 expressly in limitation hereof, the Secretary of Housing and Urban Development, or any State or local public agency administering a low-rent housing project assisted pursuant to the United States Housing Act of 1937 or title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, shall continue to have the right to maintain an action or proceeding to recover possession of any housing accommodations operated by it where such action is authorized by the statute or regulations under which such housing accommodations are administered, and, in determining net income for the purposes of tenant eligibility with respect to low-rent housing projects assisted pursuant to said Acts, the Secretary of Housing and Urban Development is authorized, where it finds such action equitable and in the public interest, to exclude am

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

15 U.S.C. § 77b — Definitions; promotion of efficiency, competition, and capital formation

**(a) Definitions** When used in this subchapter, unless the context otherwise requires— (1) The term “security” means any note, stock, treasury stock, security future, security-based swap, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or, in general, any interest or instrument commonly known as a “security”, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. (2) The term “person” means an individual, a corporation, a partnership, an association, a joint-stock company, a trust, any unincorporated organization, or a government or political subdivision thereof. As used in this paragraph the term “trust” shall include only a trust where the interest or interests of the beneficiary or beneficiaries are evidenced by a security. (3) The term “sale” or “sell” shall include every contract of sale or disposition of a security or interest in a security, for value. The term “offer to sell”, “offer for sale”, or “offer” shall include every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interes

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

42 U.S.C. § 12810 — Sweat equity model program

**(a) In general** The Secretary shall make available a model program to provide grants to public and private nonprofit organizations and community housing development organizations to provide technical and supervisory assistance to low-income and very low-income families, including the homeless, in acquiring, rehabilitating, and constructing housing by the self-help housing method. **(b) Rehabilitation of properties** The program shall target for rehabilitation properties which have been acquired by the Federal, State, or local governments. **(c) Homeownership opportunities through sweat equity** (1) The program shall utilize the skilled or unskilled labor of eligible families in exchange for acquisition of the property. (2) Training shall be provided to eligible families in building and home maintenance skills. **(d) Rental opportunities through sweat equity** (1) The program shall include rental opportunities for eligible families which will help expand the stock of affordable housing which is most appropriate for the target group. (2) The use of the tenant’s skilled or unskilled labor shall be encouraged in lieu of or as a supplement to rent payments by the tenant. **(e) “Self-help housing” defined** The term “self-help housing” means the same as in [section 1490c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1490c&num=0&edition=prelim). **(f) Additional restrictions** The guidelines for the model program shall generally comport with the additional protections and restrictions specified under [section 1490c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1490c&num=0&edition=prelim).

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

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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

42 U.S.C. § 12721 — Labor

**(a) In general** Any contract for the construction of affordable housing with 12 or more units assisted with funds made available under this part shall contain a provision requiring that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to sections 3141–3144, 3146, and 3147 of title 40, shall be paid to all laborers and mechanics employed in the development of affordable housing involved, and participating jurisdictions shall require certification as to compliance with the provisions of this section prior to making any payment under such contract. **(b) Waiver** Subsection (a) shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and such persons are not otherwise employed at any time in the construction work.

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

12 U.S.C. § 1715z–10 — Increasing access and understanding of energy efficient mortgages

**(a) Definition** As used in this section, the term “energy efficient mortgage” has the same meaning as given that term in paragraph (24) of [section 12704 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12704&num=0&edition=prelim). **(b) Recommendations to eliminate barriers to use of energy efficient mortgages** (1) **In general** — Not later than 180 days after July 30, 2008, the Secretary of Housing and Urban Development, in conjunction with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall consult with the residential mortgage industry and States to develop recommendations to eliminate the barriers that exist to increasing the availability, use, and purchase of energy efficient mortgages, including such barriers as— (A) the lack of reliable and accessible information on such mortgages, including estimated energy savings and other benefits of energy efficient housing; (B) the confusion regarding underwriting requirements and differences among various energy efficient mortgage programs; (C) the complex and time consuming process of securing such mortgages; (D) the lack of publicly available research on the default risk of such mortgages; and (E) the availability of certified or accredited home energy rating services. (2) **Report to Congress** — The Secretary of Housing and Urban Development shall submit a report to Congress that— (A) summarizes the recommendations developed under paragraph (1); and (B) includes any recommendations for statutory, regulatory, or administrative changes that the Secretary deems necessary to institute such recommendations. **(c) Energy efficient mortgages outreach campaign** (1) **In general** — The Secretary of Housing and Urban

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1715z–10

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