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42 U.S.C. § 12783 — Conditions of contracts

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

42 U.S.C. § 12783 — Conditions of contracts

Page 8473 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12784 (c) Adjustments of other assistance The Secretary shall take account of assistance provided to a project under this part when ad- justing other assistance to be provided to the project as required by section 3545(d) of this title. (Pub. L. 101–625, title II, § 234, Nov. 28, 1990, 104 Stat. 4117; Pub. L. 102–550, title II, § 212(c), Oct. 28, 1992, 106 Stat. 3757.) Editorial Notes AMENDMENTS 1992—Subsec. (b). Pub. L. 102–550 struck out ‘‘, together with other Federal assistance,’’ after ‘‘in an amount that’’ and inserted before period ‘‘or $50,000 annually, whichever is greater’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–550 applicable to unex- pended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifi- cally provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title. PART C—OTHER SUPPORT FOR STATE AND LOCAL HOUSING STRATEGIES § 12781. Authority The Secretary shall, insofar as is feasible through contract with eligible organizations, de- velop the capacity of participating jurisdictions, State and local housing finance agencies, non- profit organizations and for-profit corporations, working in partnership, to identify and meet needs for an increased supply of decent, afford- able housing. (Pub. L. 101–625, title II, § 241, Nov. 28, 1990, 104 Stat. 4117.) § 12782. Priorities for capacity development To carry out section 12781 of this title, the Secretary shall provide assistance under this part to— (1) facilitate the exchange of information that would help participating jurisdictions carry out the purposes of this subchapter, in- cluding

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Page 8473 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12784 (c) Adjustments of other assistance The Secretary shall take account of assistance provided to a project under this part when ad- justing other assistance to be provided to the project as required by section 3545(d) of this title. (Pub. L. 101–625, title II, § 234, Nov. 28, 1990, 104 Stat. 4117; Pub. L. 102–550, title II, § 212(c), Oct. 28, 1992, 106 Stat. 3757.) Editorial Notes AMENDMENTS 1992—Subsec. (b). Pub. L. 102–550 struck out ‘‘, together with other Federal assistance,’’ after ‘‘in an amount that’’ and inserted before period ‘‘or $50,000 annually, whichever is greater’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–550 applicable to unex- pended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifi- cally provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title. PART C—OTHER SUPPORT FOR STATE AND LOCAL HOUSING STRATEGIES § 12781. Authority The Secretary shall, insofar as is feasible through contract with eligible organizations, de- velop the capacity of participating jurisdictions, State and local housing finance agencies, non- profit organizations and for-profit corporations, working in partnership, to identify and meet needs for an increased supply of decent, afford- able housing. (Pub. L. 101–625, title II, § 241, Nov. 28, 1990, 104 Stat. 4117.) § 12782. Priorities for capacity development To carry out section 12781 of this title, the Secretary shall provide assistance under this part to— (1) facilitate the exchange of information that would help participating jurisdictions carry out the purposes of this subchapter, in- cluding information on program design, hous- ing finance, land use controls, and building construction techniques; (2) improve the ability of States and units of general local government to design and imple- ment comprehensive housing affordability strategies, particularly those States and units of general local government that are rel- atively inexperienced in the development of affordable housing; (3) encourage private lenders and for-profit developers of low-income housing to partici- pate in public-private partnerships to achieve the purposes of this subchapter; (4) improve the ability of States and units of general local government, community housing development organizations, private lenders, and for-profit developers of low-income hous- ing to incorporate energy efficiency into the planning, design, financing, construction, and operation of affordable housing; (5) facilitate the establishment and efficient operation of employer-assisted housing pro- grams through research, technical assistance and demonstration projects; and (6) facilitate the establishment and efficient operation of land bank programs, under which title to vacant and abandoned parcels of real estate located in or causing blighted neighbor- hoods is cleared for use consistent with the purposes of this subchapter. (Pub. L. 101–625, title II, § 242, Nov. 28, 1990, 104 Stat. 4118; Pub. L. 102–550, title II, § 214(a), Oct. 28, 1992, 106 Stat. 3759.) Editorial Notes AMENDMENTS 1992—Par. (6). Pub. L. 102–550 added par. (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–550 applicable to unex- pended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifi- cally provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title. § 12783. Conditions of contracts (a) Eligible organizations The Secretary shall carry out this part insofar as is practicable through contract with— (1) a participating jurisdiction or agency thereof; (2) a public purpose organization established pursuant to State or local legislation and re- sponsible to the chief elected official of a par- ticipating jurisdiction; (3) an agency or authority established by two or more participating jurisdictions to carry out activities consistent with the pur- poses of this subchapter; (4) a national or regional nonprofit organiza- tion that has a membership comprised pre- dominantly of entities or officials of entities that qualify under paragraph (1), (2), or (3); or (5) a professional and technical services com- pany or firm that has demonstrated capacity to provide services under this part. (b) Contract terms Contracts under this part shall be for not more than 3 years and shall provide not more than 20 percent of the operating budget of the con- tracting organization in any one year. Within any fiscal year, contracts with any one organi- zation may not be entered into for a total of more than 40 percent of the funds appropriated under this part in that fiscal year. (Pub. L. 101–625, title II, § 243, Nov. 28, 1990, 104 Stat. 4118; Pub. L. 111–8, div. I, title II, § 229(3), Mar. 11, 2009, 123 Stat. 978.) Editorial Notes AMENDMENTS 2009—Subsec. (b). Pub. L. 111–8 substituted ‘‘40 per- cent of the funds’’ for ‘‘20 percent of the funds’’. § 12784. Research in housing affordability The Secretary is authorized to support, through contracts with eligible organizations

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

42 U.S.C. § 12783 — Project-specific assistance to community housing development organizations

**(a) In general** Amounts reserved under [section 12771 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12771&num=0&edition=prelim) may be used for activities eligible under [section 12742 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12742&num=0&edition=prelim) and, in amounts not to exceed 10 percent of the amounts so reserved, for other activities specified under this section. **(b) Project-specific technical assistance and site control loans** (1) **In general** — Amounts reserved under [section 12771 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12771&num=0&edition=prelim) may be used to provide technical assistance and site control loans to community housing development organizations in the early stages of site development for an eligible project. Such loans shall not exceed amounts that the jurisdiction determines to be customary and reasonable project preparation costs allowable under paragraph (2). (2) **Allowable expenses** — A loan under this subsection may be provided to cover project expenses necessary to determine project feasibility (including costs of an initial feasibility study), consulting fees, costs of preliminary financial applications, legal fees, architectural fees, engineering fees, engagement of a development team, site control and title clearance. (3) **Repayment** — A community housing development organization that receives a loan under this subsection shall repay the loan to the participating jurisdiction’s HOME Investment Trust Fund from construction loan proceeds or other project income. The participating jurisdiction may waive repayment of the loan, in part or in whole, if there are impediments to proje

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