42 U.S.C. § 12878 — Limitation on selection criteria

Page 8495 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12880 1 See References in Text note below. (4) The term ‘‘homeownership program’’ means a program for homeownership under this part. (5) The term ‘‘Indian housing authority’’ has the meaning given such term in section 1437a(b)(11) 1 of this title. (6) The term ‘‘low-income family’’ has the meaning given such term in section 1437a(b)(2) of this title. (7) The term ‘‘public housing agency’’ has the meaning given such term in section 1437a(b)(6) of this title. (8) The term ‘‘recipient’’ means an applicant approved to receive a grant under this title 1 or such other entity specified in the approved application that will assume the obligations of the recipient under this part. (9) The term ‘‘resident council’’ means any incorporated nonprofit organization or asso- ciation that— (A) is representative of the tenants of the housing; (B) adopts written procedures providing for the election of officers on a regular basis; and (C) has a democratically elected governing board, elected by the tenants of the housing. (10) The term ‘‘Secretary’’ means the Sec- retary of Housing and Urban Development. (Pub. L. 101–625, title IV, § 426, Nov. 28, 1990, 104 Stat. 4170; Pub. L. 102–550, title I, § 181(d), (e), (h), Oct. 28, 1992, 106 Stat. 3735, 3736.) Editorial Notes REFERENCES IN TEXT Section 1437a(b)(11) of this title, referred to in par. (5), was repealed by Pub. L. 104–330, title V, § 501(b)(1)(D), Oct. 26, 1996, 110 Stat. 4041, and a new sec- tion 1437a(b)(11), defining ‘‘public housing agency plan’’, was enacted by Pub. L. 105–276, title V, § 506(4), Oct. 21, 1998, 112 Stat. 2524. This title, referred to in par. (8), means title IV of Pub. L. 101–625, known as the Homeownership and Op- portunity Through HOPE Act, and probably should have been ‘‘this subtitle’’, meaning subtitle B (§§ 421–431) of title IV of Pub. L. 101–625, which is classi- fied principally to this part. For complete classifica- tion of title IV of Pub. L. 101–625 to the Code, see Short Title note set out under section 1437aaa of this title and Tables. AMENDMENTS 1992—Par. (1)(G). Pub. L. 102–550, § 181(d), added sub- par. (G). Par. (3)(D). Pub. L. 102–550, § 181(e), (h), inserted ‘‘the Federal Deposit Insurance Corporation, the Secretary of Defense, the Secretary of Transportation, the Gen- eral Services Administration, any other Federal agen- cy,’’ after ‘‘Corporation,’’ and ‘‘or an agency or instru- mentality thereof’’ before period at end. § 12877. Exemption Eligible property covered by a homeownership program approved under this part shall not be subject to— (1) the Low-Income Housing Preservation and Resident Homeownership Act of 1990 [12 U.S.C. 4101 et seq.], or (2) the requirements of section 1701z–11 of title 12 applicable to the sale of projects either at foreclosure or after acquisition by the Sec- retary. (Pub. L. 101–625, title IV, § 427, Nov. 28, 1990, 104 Stat. 4171.) Editorial Notes REFERENCES IN TEXT The Low-Income Housing Preservation and Resident Homeownership Act of 1990, referred to in par. (1), is title II of Pub. L. 100–242, as amended by Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4249, which is classified principally to chapter 42 (§ 4101 et seq.) of Title 12, Banks and Banking. For complete clas- sification of this Act to the Code, see Short Title note set out under section 4101 of Title 12 and Tables. § 12878. Limitation on selection criteria In establishing criteria for selecting appli- cants to receive assistance under this part, the Secretary may not establish any selection cri- terion or criteria that grant or deny such assist- ance to an applicant (or have the effect of grant- ing or denying assistance) based on the imple- mentation, continuation, or discontinuation of any public policy, regulation, or law of any ju- risdiction in which the applicant or project is lo- cated. (Pub. L. 101–625, title IV, § 428, Nov. 28, 1990, 104 Stat. 4171.) § 12879. Implementation Not later than the expiration of the 180-day period beginning on the date that funds author- ized under this part first become available for obligation, the Secretary shall by notice estab- lish such requirements as may be necessary to carry out the provisions of this part. Such re- quirements shall be subject to section 553 of title 5. The Secretary shall issue regulations based on the initial notice before the expiration of the 8-month period beginning on the date of the notice. (Pub. L. 101–625, title IV, § 430, Nov. 28, 1990, 104 Stat. 4172.) § 12880. Report The Secretary shall no later than December 31, 1995, submit to the Congress a report setting forth— (1) the number, type and cost of eligible properties transferred pursuant to this part; (2) the income, race, gender, children and other characteristics of families participating (or not participating) in homeownership pro- grams funded under this part; (3) the amount and type of financial assist- ance provided under and in conjunction with this part; (4) the amount of financial assistance pro- vided under this part that was needed to en- sure continued affordability and meet future maintenance and repair costs; and (5) the recommendations of the Secretary for statutory and regulatory improvements to the program. (Pub. L. 101–625, title IV, § 431, Nov. 28, 1990, 104 Stat. 4172; Pub. L. 104–66, title I, § 1072(a), Dec. 21, 1995, 109 Stat. 721.)