42 U.S.C. § 12704 — Definitions

Page 8436 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12703 members of disadvantaged minorities, on a nondiscriminatory basis; (4) to help make neighborhoods safe and liv- able; (5) to expand opportunities for homeowner- ship; (6) to provide every American community with a reliable, readily available supply of mortgage finance at the lowest possible inter- est rates; and (7) to encourage tenant empowerment and reduce generational poverty in federally as- sisted and public housing by improving the means by which self-sufficiency may be achieved. (Pub. L. 101–625, title I, § 102, Nov. 28, 1990, 104 Stat. 4085.) § 12703. Purposes of Cranston-Gonzalez National Affordable Housing Act The purposes of this Act are— (1) to help families not owning a home to save for a down payment for the purchase of a home; (2) to retain wherever feasible as housing af- fordable to low-income families those dwelling units produced for such purpose with Federal assistance; (3) to extend and strengthen partnerships among all levels of government and the pri- vate sector, including for-profit and nonprofit organizations, in the production and operation of housing affordable to low-income and mod- erate-income families; (4) to expand and improve Federal rental as- sistance for very low-income families; and (5) to increase the supply of supportive hous- ing, which combines structural features and services needed to enable persons with special needs to live with dignity and independence. (Pub. L. 101–625, title I, § 103, Nov. 28, 1990, 104 Stat. 4085.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gonzalez National Affordable Housing Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. § 12704. Definitions As used in this subchapter and in subchapter II: (1) The term ‘‘unit of general local govern- ment’’ means a city, town, township, county, parish, village, or other general purpose polit- ical subdivision of a State; the Federated States of Micronesia and Palau, the Marshall Islands, or a general purpose political subdivi- sion thereof; a consortium of such political subdivisions recognized by the Secretary in accordance with section 12746(2) of this title; and any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on be- half of the jurisdiction with regard to provi- sions 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 gov- ernment that has been so designated in ac- cordance with section 12746 of this title. (5) The term ‘‘nonprofit organization’’ means any private, nonprofit organization (in- cluding 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, con- tributor, or individual, (C) complies with standards of financial accountability acceptable to the Secretary, and (D) has among its purposes significant ac- tivities related to the provision of decent housing that is affordable to low-income and moderate-income persons. (6) The term ‘‘community housing develop- ment organization’’ means a nonprofit organi- zation as defined in paragraph (5), that— (A) has among its purposes the provision of decent housing that is affordable to low-in- come and moderate-income persons; (B) maintains, through significant rep- resentation on the organization’s governing board and otherwise, accountability to low- income community residents and, to the ex- tent practicable, low-income beneficiaries with regard to decisions on the design, siting, development, and management of af- fordable housing; (C) has a demonstrated capacity for car- rying out activities assisted under this Act; and (D) has a history of serving the local com- munity or communities within which hous- ing to be assisted under this Act is to be lo- cated. In the case of an organization serving more than one county, the Secretary may not re- quire that such organization, to be considered a community housing development organiza- tion for purposes of this Act, include as mem- bers on the organization’s governing board low-income persons residing in each county served. (7) The term ‘‘government-sponsored mort- gage 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 manufac- tured housing and manufactured housing lots and elder cottage housing opportunity units that are small, free-standing, barrier-free, en- ergy-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 Page 8437 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12704 1 So in original. Probably should be ‘‘(22)’’. 2 So in original. Two pars. (24) have been enacted. not exceed 50 percent of the median family in- come for the area, as determined by the Sec- retary with adjustments for smaller and larger families, except that the Secretary may estab- lish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such vari- ations are necessary because of prevailing lev- els 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 per- cent of the median income for the area, as de- termined 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 be- cause of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (11) The term ‘‘families’’ has the same mean- ing given that term by section 1437a of this title. (12) The term ‘‘security’’ has the same mean- ing as in section 77b of title 15. (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 up- grading 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 con- sideration as a first-time homebuyer under this paragraph on the basis that the indi- vidual, 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 mar- ried, 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 home- buyer under this paragraph on the basis that the individual owns or owned, as a principal residence during such 3-year period, a dwell- ing unit whose structure is— (i) not permanently affixed to a perma- nent foundation in accordance with local or other applicable regulations, or (ii) not in compliance with State, local, or model building codes, or other applica- ble codes, and cannot be brought into com- pliance with such codes for less than the cost of constructing a permanent struc- ture. (15) The term ‘‘single parent’’ means an indi- vidual 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 Sec- retary of Housing and Urban Development, un- less otherwise specified in this Act. (17) The term ‘‘substantial rehabilitation’’ means the rehabilitation of residential prop- erty 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. (19) The term ‘‘metropolitan city’’ has the meaning given the term in section 5302(a)(4) of this title. (20) The term ‘‘urban county’’ has the mean- ing given the term in section 5302(a)(6) of this title. (21) The term ‘‘certification’’ means a writ- ten 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 inspect- ing the evidence and providing due notice and opportunity for comment. (23) 1 The term ‘‘to demonstrate to the Sec- retary’’ means to submit to the Secretary a written assertion together with supporting evidence that, in the determination of the Sec- retary, supports the accuracy of the assertion. (24) 2 The term ‘‘insular area’’ means any of the following: Guam, the Northern Mariana Is- lands, the Virgin Islands, and American Samoa. (24) 2 The term ‘‘energy efficient mortgage’’ means a mortgage that provides financing in- centives 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 in- centives 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. (Pub. L. 101–625, title I, § 104, Nov. 28, 1990, 104 Stat. 4085; Pub. L. 102–229, title I, Dec. 12, 1991, 105 Stat. 1709; Pub. L. 101–230, § 2, Dec. 12, 1991, 105 Stat. 1720; Pub. L. 102–486, title I, § 105(a), Oct. 24, 1992, 106 Stat. 2792; Pub. L. 102–550, title II, §§ 211(a)(1), 217(a), 218, 219, title IX, § 914(a), Oct. 28, 1992, 106 Stat. 3756, 3760, 3761, 3877; Pub. L. 103–233, title II, § 201, Apr. 11, 1994, 108 Stat. 363.) Page 8438 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12705 Editorial Notes REFERENCES IN TEXT This Act, referred to in pars. (1), (2), (6), (16), and (21), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gonzalez National Affordable Housing Act. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. AMENDMENTS 1994—Par. (2). Pub. L. 103–233 struck out ‘‘and’’ after ‘‘Columbia,’’ and inserted before period at end ‘‘, or any agency or instrumentality thereof that is estab- lished 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’’. 1992—Par. (1). Pub. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Pub. L. 102–230, § 2(1), had not been enacted. See 1991 Amend- ment note below. Par. (6). Pub. L. 102–550, § 217(a), inserted concluding provisions. Par. (8). Pub. L. 102–550, § 218, inserted before period at end ‘‘and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to ex- isting 1- to 4-family dwellings’’. Par. (14)(C). Pub. L. 102–550, § 219, added subpar. (C). Par. (24). Pub. L. 102–550, § 211(a)(1), amended this sec- tion to read as if amendment made by Pub. L. 102–230, § 2(2), had not been enacted. See 1991 Amendment note below. Pub. L. 102–486 added par. (24) defining ‘‘energy effi- cient mortgage’’. Par. (25). Pub. L. 102–550, § 914(a), added par. (25). 1991—Par. (1). Pub. L. 102–230, § 2(1), directed the sub- stitution of ‘‘the insular areas’’ for ‘‘Guam, the North- ern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia and Palau, the Marshall Islands’’. See 1992 Amendment note above. Pub. L. 102–229 struck out ‘‘Guam, the Northern Mar- iana Islands, the Virgin Islands, American Samoa,’’ after ‘‘of a State;’’. Par. (24). Pub. L. 102–230, § 2(2), directed the addition of a par. (24) to read as follows: ‘‘(24) The term ‘insular areas’ means Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa.’’ See 1992 Amendment note above. Pub. L. 102–229 added par. (24) defining ‘‘insular area’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–233 applicable with re- spect to any amounts made available to carry out sub- chapter II (§ 12721 et seq.) of this chapter after Apr. 11, 1994, and any amounts made available to carry out that subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–550, title II, § 211(b), Oct. 28, 1992, 106 Stat. 3757, provided that: ‘‘The amendments made by sub- section (a) [amending this section and section 12747 of this title] shall apply with respect to fiscal year 1993 and thereafter.’’ Pub. L. 102–550, title II, § 223, Oct. 28, 1992, 106 Stat. 3762, provided that: ‘‘The amendments made by this title [enacting section 12810 of this title and amending this section and sections 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title] shall apply to unexpended funds allocated under title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12721 et seq.] in fiscal year 1992, except as otherwise specifically provided.’’ REGULATIONS Pub. L. 102–550, title II, § 222, Oct. 28, 1992, 106 Stat. 3762, provided that: ‘‘The Secretary of Housing and Urban Development shall issue any final regulations necessary to implement the provisions of this title [en- acting section 12810 of this title, amending this section and sections 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title, and en- acting provisions set out as notes under this section and sections 12746, 12747, and 12750 of this title] and the amendments made by this title not later than the expi- ration of the 180-day period beginning on the date of the enactment of this Act [Oct. 28, 1992], except as ex- pressly provided otherwise in this title and the amend- ments made by this title. Such regulations shall be issued after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).’’ TRANSITION RULE Pub. L. 102–550, title II, § 217(b), Oct. 28, 1992, 106 Stat. 3760, provided that: ‘‘For the purposes of determining compliance with the requirements of section 104(6) of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12704(6)], the Secretary of Housing and Urban Development may provide an exception for orga- nizations that meet the definition of community hous- ing development organization, except for significant representation of low-income community residents on the board, if such organization fulfills such require- ment within 6 months of receiving funds under title II of such Act [42 U.S.C. 12721 et seq.] or September 30, 1993, whichever is sooner.’’ § 12705. State and local housing strategies (a) In general The Secretary shall provide assistance di- rectly to a jurisdiction only if— (1) the jurisdiction submits to the Secretary a comprehensive housing affordability strat- egy (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 up- date of such strategy, is approved by the Sec- retary. The Secretary shall establish such dates and manner for the submission and approval of hous- ing strategies under this section that the Sec- retary determines will facilitate orderly pro- gram management by jurisdictions and provide for timely investment or other use of funds made available under subchapter II of this chap- ter and other programs requiring submission of a housing strategy. If the Secretary finds there is good cause, the Secretary may provide rea- sonable extensions of any deadlines for submis- sion of a jurisdiction’s housing strategy. (b) Contents A housing strategy submitted under this sec- tion shall be in a form that the Secretary deter- mines 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 assist- ance for very low-income, low-income, and moderate-income families, specifying such needs for different types of tenure and for dif- ferent categories of residents, such as very