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42 U.S.C. § 12782 — Priorities for capacity development

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

42 U.S.C. § 12782 — Priorities for capacity development

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. § 12782 — Set-aside for community housing development organizations

**(a) In general** For a period of 24 months after funds under part A are made available to a jurisdiction, the jurisdiction shall reserve not less than 15 percent of such funds for investment only in housing to be developed, sponsored, or owned by community housing development organizations. Each participating jurisdiction shall make reasonable efforts to identify community housing development organizations that are capable or can reasonably be expected to become capable of carrying out elements of the jurisdiction’s housing strategy and to encourage such community housing development organizations to do so. If during the first 24 months of its participation under this subchapter, a participating jurisdiction is unable to identify a sufficient number of capable community housing development organizations, then up to 20 percent of the funds allocated to that jurisdiction under this section, but not to exceed $150,000, may be made available to carry out activities that develop the capacity of community housing development organizations in that jurisdiction. A participating jurisdiction is authorized to enter into contracts with community housing development organizations to carry out this section. **(b) Recapture and reuse** If any funds reserved under subsection (a) remain uninvested for a period of 24 months, then the Secretary shall deduct such funds from the line of credit in the participating jurisdiction’s HOME Investment Trust Fund and make such funds available by direct reallocation (1) to other participating jurisdictions for affordable housing developed, sponsored or owned by community housing development organizations, or (2) to nonprofit intermediary organizations to carry out activities that develop the capacity of community housing development organization

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