25 U.S.C. § 4230 — Program requirements

Page 673 TITLE 25—INDIANS § 4230 (ii) Application In any case in which a housing plan pro- vides for preference described in clause (i), the Director shall ensure that housing ac- tivities that are assisted with grant amounts under this subchapter are subject to that preference. (E) Use of nonprofit organizations As a condition of receiving grant amounts under this subchapter, the Department of Hawaiian Home Lands, shall to the extent practicable, provide for private nonprofit or- ganizations experienced in the planning and development of affordable housing for Native Hawaiians to carry out affordable housing activities with those grant amounts. (Pub. L. 104–330, title VIII, § 809, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2979.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 809 of Pub. L. 104–330. This section is based on the text of section 809 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4229. Eligible affordable housing activities (a) In general Affordable housing activities under this sec- tion are activities conducted in accordance with the requirements of section 4230 of this title to— (1) develop or to support affordable housing for rental or homeownership; or (2) provide housing services with respect to affordable housing, through the activities de- scribed in subsection (b). (b) Activities The activities described in this subsection are the following: (1) Development The acquisition, new construction, recon- struction, or moderate or substantial rehabili- tation of affordable housing, which may in- clude— (A) real property acquisition; (B) site improvement; (C) the development of utilities and utility services; (D) conversion; (E) demolition; (F) financing; (G) administration and planning; and (H) other related activities. (2) Housing services The provision of housing-related services for affordable housing, including— (A) housing counseling in connection with rental or homeownership assistance; (B) the establishment and support of resi- dent organizations and resident manage- ment corporations; (C) energy auditing; (D) activities related to the provisions of self-sufficiency and other services; and (E) other services related to assisting own- ers, tenants, contractors, and other entities participating or seeking to participate in other housing activities assisted pursuant to this section. (3) Housing management services The provision of management services for af- fordable housing, including— (A) the preparation of work specifications; (B) loan processing; (C) inspections; (D) tenant selection; (E) management of tenant-based rental as- sistance; and (F) management of affordable housing projects. (4) Crime prevention and safety activities The provision of safety, security, and law en- forcement measures and activities appropriate to protect residents of affordable housing from crime. (5) Model activities Housing activities under model programs that are— (A) designed to carry out the purposes of this subchapter; and (B) specifically approved by the Secretary as appropriate for the purpose referred to in subparagraph (A). (Pub. L. 104–330, title VIII, § 810, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2886, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2980.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 810 of Pub. L. 104–330. This section is based on the text of section 810 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4230. Program requirements (a) Rents (1) Establishment Subject to paragraph (2), as a condition to receiving grant amounts under this sub- chapter, the Director shall develop written policies governing rents and homebuyer pay- ments charged for dwelling units assisted under this subchapter, including methods by which such rents and homebuyer payments are determined. (2) Maximum rent In the case of any low-income family resid- ing in a dwelling unit assisted with grant amounts under this subchapter, the monthly rent or homebuyer payment (as applicable) for that dwelling unit may not exceed 30 percent of the monthly adjusted income of that fam- ily. (b) Maintenance and efficient operation (1) In general The Director shall, using amounts of any grants received under this subchapter, reserve and use for operating under section 4229 of this Page 674 TITLE 25—INDIANS § 4231 title such amounts as may be necessary to provide for the continued maintenance and ef- ficient operation of such housing. (2) Disposal of certain housing This subsection may not be construed to pre- vent the Director, or any entity funded by the Department, from demolishing or disposing of housing, pursuant to regulations established by the Secretary. (c) Insurance coverage As a condition to receiving grant amounts under this subchapter, the Director shall require adequate insurance coverage for housing units that are owned or operated or assisted with grant amounts provided under this subchapter. (d) Eligibility for admission As a condition to receiving grant amounts under this subchapter, the Director shall de- velop written policies governing the eligibility, admission, and occupancy of families for hous- ing assisted with grant amounts provided under this subchapter. (e) Management and maintenance As a condition to receiving grant amounts under this subchapter, the Director shall de- velop policies governing the management and maintenance of housing assisted with grant amounts under this subchapter. (Pub. L. 104–330, title VIII, § 811, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2887, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2981.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 811 of Pub. L. 104–330. This section is based on the text of section 811 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4231. Types of investments (a) In general Subject to section 4230 of this title and an ap- plicable housing plan approved under section 4223 of this title, the Director shall have— (1) the discretion to use grant amounts for affordable housing activities through the use of— (A) equity investments; (B) interest-bearing loans or advances; (C) noninterest-bearing loans or advances; (D) interest subsidies; (E) the leveraging of private investments; or (F) any other form of assistance that the Secretary determines to be consistent with the purposes of this subchapter; and (2) the right to establish the terms of assist- ance provided with funds referred to in para- graph (1). (b) Investments The Director may invest grant amounts for the purposes of carrying out affordable housing activities in investment securities and other ob- ligations, as approved by the Secretary. (Pub. L. 104–330, title VIII, § 812, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2982.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 812 of Pub. L. 104–330. This section is based on the text of section 812 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4232. Low-income requirement and income tar- geting (a) In general Housing shall qualify for affordable housing for purposes of this subchapter only if— (1) each dwelling unit in the housing— (A) in the case of rental housing, is made available for occupancy only by a family that is a low-income family at the time of the initial occupancy of that family of that unit; and (B) in the case of housing for homeowner- ship, is made available for purchase only by a family that is a low-income family at the time of purchase; and (2) each dwelling unit in the housing will re- main affordable, according to binding commit- ments satisfactory to the Secretary, for— (A) the remaining useful life of the prop- erty (as determined by the Secretary) with- out regard to the term of the mortgage or to transfer of ownership; or (B) such other period as the Secretary de- termines is the longest feasible period of time consistent with sound economics and the purposes of this subchapter, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if that ac- tion— (i) recognizes any contractual or legal rights of any public agency, nonprofit sponsor, or other person or entity to take an action that would— (I) avoid termination of low-income af- fordability, in the case of foreclosure; or (II) transfer ownership in lieu of fore- closure; and (ii) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary. (b) Exception Notwithstanding subsection (a), housing as- sistance pursuant to section 4228(a)(2)(B) of this title shall be considered affordable housing for purposes of this subchapter. (Pub. L. 104–330, title VIII, § 813, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2982.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 813 of Pub. L. 104–330. This section is based on the text of section 813 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.