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 account the nonmetro- politan share of the State’s total population and objective measures of rural housing need, such as poverty and substandard housing, as set forth in the State’s housing strategy approved under section 12705 of this title. To the extent the need is within the boundaries of a participating unit of general local government, the State and the unit of general local government shall coordi- nate activities to address that need. (Pub. L. 101–625, title II, § 222, Nov. 28, 1990, 104 Stat. 4112.) § 12753. Penalties for misuse of funds If the Secretary finds after reasonable notice and opportunity for hearing that a participating jurisdiction has failed to comply substantially with any provision of this part and until the Secretary is satisfied that there is no longer any such failure to comply, the Secretary shall re- duce the line of credit in the participating juris- diction’s HOME Investment Trust Fund by the amount of any expenditures that were not in ac- cordance with the requirements of this sub- chapter, and the Secretary may— (1) prevent withdrawals from the partici- pating jurisdiction’s HOME Investment Trust Fund for activities affected by such failure to comply; (2) restrict the participating jurisdiction’s activities under this subchapter to activities that conform to one or more model programs made available under section 12743 of this title; or (3) remove the participating jurisdiction from participation in allocations or realloca- tions of funds made available under this part. (Pub. L. 101–625, title II, § 223, Nov. 28, 1990, 104 Stat. 4112.) § 12754. Limitation on jurisdictions under court order (a) In general Notwithstanding any other provision of this Act, the Secretary shall ensure that funds pro- vided 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 ad- judicated, 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 et seq.], the Fair Housing Act [42 U.S.C. 3601 et seq.], or any other Federal, State, or local law pro- moting fair housing or prohibiting discrimina- tion, 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 sub- section (a)(2), a jurisdiction may use funds pro- vided under this Act to carry out housing rem- edies with eligible activities. (Pub. L. 101–625, title II, § 224, Nov. 28, 1990, 104 Stat. 4113.) 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. The Civil Rights Act of 1964, referred to in subsec. (a)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Fair Housing Act, referred to in subsec. (a)(1), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. § 12755. Tenant and participant protections (a) Lease The lease between a tenant and an owner of af- fordable housing assisted under this subchapter for rental shall be for not less than one year, un- less by mutual agreement between the tenant and the owner, and shall contain such terms and conditions as the Secretary shall determine to be appropriate.