42 U.S.C. § 12721 — Findings

Page 8451 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12721 the Cranston-Gonzalez National Affordable Housing Act [Nov. 28, 1990]. ‘‘(b) TASK FORCE.—To develop the plan, the Secretary shall form a task force to make recommendation[s] on financing energy efficiency in private mortgages, through the policies of Federal agencies and federally chartered financial institutions, mortgage bankers, homebuilders, real estate brokers, private mortgage in- surers, energy suppliers, and nonprofit housing and en- ergy organizations. The task force shall include, but not be limited to, individuals representing the Federal Housing Administration mortgage programs of the De- partment of Housing and Urban Development, the Farmers Home Administration mortgage loan and in- surance programs of Department of Agriculture, the Federal Home Loan Mortgage Corporation, and the Federal National Mortgage Association. The Task Force shall determine whether notifying potential home purchasers of the availability of energy efficient mortgages would promote energy efficiency in residen- tial buildings, and if so, the Task Force shall rec- ommend appropriate notification guidelines, and agen- cies and organizations referred to in the preceding sen- tence are authorized to implement such guidelines.’’ ENERGY EFFICIENCY DEMONSTRATION Pub. L. 101–625, title IX, § 961, Nov. 28, 1990, 104 Stat. 4424, directed Secretary of Housing and Urban Develop- ment to establish a program to demonstrate various methods of improving the energy efficiency of existing housing, provided for funding, provided that the dem- onstration determine appropriate design, improvement, and rehabilitation methods and practices for increasing residential energy efficiency in housing already con- structed, and directed Secretary, as soon as practicable after Sept. 30, 1991, to submit to Congress a report set- ting forth the findings and recommendations of the Secretary as a result of the demonstration. § 12713. Eligibility under first-time homebuyer programs (a) Eligibility of displaced homemakers and sin- gle parents for Federal assistance for first- time homebuyers (1) Displaced homemakers No individual who is a displaced homemaker may be denied eligibility under any Federal program to assist first-time homebuyers on the basis that the individual, while a home- maker, owned a home with his or her spouse or resided in a home owned by the spouse. (2) Single parents No individual who is a single parent may be denied eligibility under any Federal program to assist first-time homebuyers on the basis that the individual, while married, owned a home with his or her spouse or resided in a home owned by the spouse. (b) Definitions For purposes of this section: (1) Displaced homemaker The term ‘‘displaced homemaker’’ means an individual who— (A) is an adult; (B) has not worked full-time, full-year in the labor force for a number of years but has, during such years, worked primarily without remuneration to care for the home and family; and (C) is unemployed or underemployed and is experiencing difficulty in obtaining or up- grading employment. (2) First-time homebuyer The term ‘‘first-time homebuyer’’ means an individual who has never, or has not during a specified period of time, had any present own- ership interest in a principal residence. (3) Single parent The term ‘‘single parent’’ means an indi- vidual who— (A) is unmarried or legally separated from a spouse; and (B)(i) has 1 or more minor children for whom the individual has custody or joint custody; or (ii) is pregnant. (c) Applicability This section shall apply to any Federal pro- gram to assist first-time homebuyers, unless the program is exempted from this section by a stat- ute that amends this subsection or explicitly re- fers to this subsection. (Pub. L. 101–625, title IX, § 956, Nov. 28, 1990, 104 Stat. 4421.) Editorial Notes CODIFICATION Section was enacted as part of title IX of the Cran- ston-Gonzalez National Affordable Housing Act, and not as part of title I of such Act which comprises this subchapter. § 12714. Repealed. Pub. L. 104–99, title IV, § 404(a), Jan. 26, 1996, 110 Stat. 44 Section, Pub. L. 101–625, title IX, § 957, Nov. 28, 1990, 104 Stat. 4422, related to maximum annual limitation on rent increases resulting from employment. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 104–99, title IV, § 404(a), Jan. 26, 1996, 110 Stat. 44, provided in part that this section is repealed retro- active to Nov. 28, 1990, and shall be of no effect. ECONOMIC INDEPENDENCE Pub. L. 102–550, title IX, § 923, Oct. 28, 1992, 106 Stat. 3884, which provided that Secretary of Housing and Urban Development was to immediately implement section 12714 of this title and that other Federal agen- cies authorized to assist low-income families were to take similar steps to encourage economic independence and the accumulation of assets, was repealed retro- active to Oct. 28, 1992, by Pub. L. 104–99, title IV, § 404(b), Jan. 26, 1996, 110 Stat. 44, which further pro- vided that section 923 of Pub. L. 102–550 was to be of no effect. SUBCHAPTER II—INVESTMENT IN AFFORDABLE HOUSING § 12721. Findings The Congress finds that— (1) the Nation has not made adequate progress toward the goal of national housing policy, as set out in the Housing Act of 1949 [42 U.S.C. 1441 et seq.] and reaffirmed in the Hous- ing and Urban Development Act of 1968, which would provide decent, safe, sanitary, and af- fordable living environments for all Ameri- cans; (2) the supply of affordable rental housing is diminishing; Page 8452 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12721 (3) the Tax Reform Act of 1986 removed major tax incentives for the production of af- fordable rental housing; (4) the living environments of an increasing number of Americans have deteriorated over the past several years as a result of reductions in Federal assistance to low-income and mod- erate-income families; (5) many Americans face the possibility of homelessness unless Federal, State, and local governments work together with the private sector to develop and rehabilitate the housing stock of the Nation to provide decent, safe, sanitary, and affordable housing for very low- income and low-income families; (6) reliable Federal leadership is needed to achieve an adequate supply of affordable hous- ing for all Americans; (7) to achieve the goal of national housing policy, there is a need to strengthen nation- wide a cost-effective community-based hous- ing partnership designed to— (A) expand the supply of rental housing that is affordable to very low-income and low-income families, (B) improve homeownership opportunities for low-income families, (C) carry out comprehensive housing strat- egies tailored to local housing market condi- tions, and (D) protect the Federal, State, and local investment in low-income housing to ensure affordability of the housing for the remain- ing useful life of the property; (8) direct assistance to expand the supply of affordable rental housing should be provided in a way that is more cost-effective and tar- geted than tax incentives; (9) much of the Nation’s housing system works very well and provides a strong base on which national housing policy should build; (10) an increasing number of States and local governments have been successful in pro- ducing cost-effective low-income and mod- erate-income housing by working in partner- ship with the private sector, including non- profit community development corporations, community action agencies, neighborhood housing services corporations, trade unions, groups sponsored by religious organizations, limited equity cooperatives, and other tenant organizations; (11) during the 1980’s, nonprofit community housing development organizations, despite severe obstacles caused by inadequate funding, have played an increasingly important role in the production and rehabilitation of affordable housing in communities across the Nation; (12) additional financial resources and tech- nical skills must be made available in local communities if the Nation is to mobilize the capacity of the private sector, including non- profit community housing development orga- nizations, to provide a more adequate supply of decent, safe, and sanitary housing that is affordable to very low-income, low-income, and moderate-income families and meets the need for large family units and other addi- tional units that are available to very low-in- come families receiving rental assistance pay- ments from Federal, State, and local govern- ments; and (13) the long-term success of efforts to pro- vide more affordable housing depends upon tenants and homeowners being fiscally respon- sible and able managers. (Pub. L. 101–625, title II, § 202, Nov. 28, 1990, 104 Stat. 4094.) Editorial Notes REFERENCES IN TEXT The Housing Act of 1949, referred to in par. (1), is act July 15, 1949, ch. 338, 63 Stat. 413, which is classified principally to chapter 8A (§ 1441 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables. The Housing and Urban Development Act of 1968, re- ferred to in par. (1), is Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 476. For complete classification of this Act to the Code, see Short Title of 1968 Amendments note set out under section 1701 of Title 12, Banks and Banking, and Tables. The Tax Reform Act of 1986, referred to in par. (3), is Pub. L. 99–514, Oct. 22, 1986, 100 Stat. 2085. For complete classification of this Act to the Code, see Short Title of 1986 Amendments note set out under section 1 of Title 26, Internal Revenue Code, and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this subchapter as the ‘‘HOME In- vestment Partnerships Act’’, see Short Title note set out under section 12701 of this title. HOMELESSNESS ASSISTANCE AND SUPPORTIVE SERVICES PROGRAM Pub. L. 117–2, title III, § 3205, Mar. 11, 2021, 135 Stat. 61, provided that: ‘‘(a) APPROPRIATION.—In addition to amounts other- wise available, there is appropriated to the Secretary of Housing and Urban Development (in this section re- ferred to as the ‘Secretary’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $5,000,000,000, to remain available until September 30, 2025, except that amounts authorized under subsection (d)(3) shall remain available until September 30, 2029, for assistance under title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.) for the following activities to primarily benefit qualifying individuals or families: ‘‘(1) Tenant-based rental assistance. ‘‘(2) The development and support of affordable housing pursuant to section 212(a) of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)) (‘the Act’ herein). ‘‘(3) Supportive services to qualifying individuals or families not already receiving such supportive serv- ices, including— ‘‘(A) activities listed in section 401(29) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(29)); ‘‘(B) housing counseling; and ‘‘(C) homeless prevention services. ‘‘(4) The acquisition and development of non-con- gregate shelter units, all or a portion of which may— ‘‘(A) be converted to permanent affordable hous- ing; ‘‘(B) be used as emergency shelter under subtitle B of title IV of the McKinney-Vento Homeless As- sistance Act (42 U.S.C. 11371–11378); ‘‘(C) be converted to permanent housing under subtitle C of title IV of the McKinney-Vento Home- less Assistance Act (42 U.S.C. 11381–11389); or ‘‘(D) remain as non-congregate shelter units. ‘‘(b) QUALIFYING INDIVIDUALS OR FAMILIES DEFINED.— For the purposes of this section, qualifying individuals or families are those who are— Page 8453 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12722 ‘‘(1) homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)); ‘‘(2) at-risk of homelessness, as defined in section 401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)); ‘‘(3) fleeing, or attempting to flee, domestic vio- lence, dating violence, sexual assault, stalking, or human trafficking, as defined by the Secretary; ‘‘(4) in other populations where providing sup- portive services or assistance under section 212(a) of the Act (42 U.S.C. 12742(a)) would prevent the family’s homelessness or would serve those with the greatest risk of housing instability; or ‘‘(5) veterans and families that include a veteran family member that meet one of the preceding cri- teria. ‘‘(c) TERMS AND CONDITIONS.— ‘‘(1) FUNDING RESTRICTIONS.—The cost limits in sec- tion 212(e) (42 U.S.C. 12742(e)), the commitment re- quirements in section 218(g) (42 U.S.C. 12748(g)), the matching requirements in section 220 (42 U.S.C. 12750), and the set-aside for housing developed, spon- sored, or owned by community housing development organizations required in section 231 of the Act (42 U.S.C. 12771) shall not apply for amounts made avail- able in this section. ‘‘(2) ADMINISTRATIVE COSTS.— Notwithstanding sec- tions 212(c) and (d)(1) of the Act (42 U.S.C. 12742(c) and (d)(1)), of the funds made available in this section for carrying out activities authorized in this section, a grantee may use up to fifteen percent of its alloca- tion for administrative and planning costs. ‘‘(3) OPERATING EXPENSES.—Notwithstanding sec- tions 212(a) and (g) of the Act (42 U.S.C. 12742(a) and (g)), a grantee may use up to an additional five per- cent of its allocation for the payment of operating ex- penses of community housing development organiza- tions and nonprofit organizations carrying out activi- ties authorized under this section, but only if— ‘‘(A) such funds are used to develop the capacity of the community housing development organiza- tion or nonprofit organization in the jurisdiction or insular area to carry out activities authorized under this section; and ‘‘(B) the community housing development organi- zation or nonprofit organization complies with the limitation on assistance in section 234(b) of the Act (42 U.S.C. 12774(b)). ‘‘(4) CONTRACTING.—A grantee, when contracting with service providers engaged directly in the provi- sion of services under paragraph [probably should be ‘‘subsection’’] (a)(3), shall, to the extent practicable, enter into contracts in amounts that cover the actual total program costs and administrative overhead to provide the services contracted. ‘‘(d) ALLOCATION.— ‘‘(1) FORMULA ASSISTANCE.—Except as provided in paragraphs (2) and (3), the Secretary shall allocate amounts made available under this section pursuant to section 217 of the Act (42 U.S.C. 12747) to grantees that received allocations pursuant to that same for- mula in fiscal year 2021, and shall make such alloca- tions within 30 days of enactment of this Act [Mar. 11, 2021]. ‘‘(2) TECHNICAL ASSISTANCE.—Up to $25,000,000 of the amounts made available under this section shall be used, without competition, to make new awards or increase prior awards to existing technical assistance providers to provide an immediate increase in capac- ity building and technical assistance available to any grantees implementing activities or projects con- sistent with this section. ‘‘(3) OTHER COSTS.—Up to $50,000,000 of the amounts made available under this section shall be used for the administrative costs to oversee and administer implementation of this section and the HOME pro- gram [42 U.S.C. 12721 et seq.] generally, including in- formation technology, financial reporting, and other costs. ‘‘(4) WAIVERS OR ALTERNATIVE REQUIREMENTS.—The Secretary may waive or specify alternative require- ments for any provision of the Cranston-Gonzalez Na- tional Affordable Housing Act (42 U.S.C. 12701 et seq.) and titles I and IV of the McKinney-Vento Homeless- ness Act [probably means McKinney-Vento Homeless Assistance Act] (42 U.S.C. 11301 et seq., 11360 et seq.) or regulation for the administration of the amounts made available under this section other than require- ments related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is nec- essary to expedite or facilitate the use of amounts made available under this section.’’ § 12722. Purposes The purposes of this subchapter are— (1) to expand the supply of decent, safe, sani- tary, and affordable housing, with primary at- tention to rental housing, for very low-income and low-income Americans; (2) to mobilize and strengthen the abilities of States and units of general local govern- ment throughout the United States to design and implement strategies for achieving an adequate supply of decent, safe, sanitary, and affordable housing; (3) to provide participating jurisdictions, on a coordinated basis, with the various forms of Federal housing assistance, including capital investment, mortgage insurance, rental assist- ance, and other Federal assistance, needed— (A) to expand the supply of decent, safe, sanitary, and affordable housing; (B) to make new construction, rehabilita- tion, substantial rehabilitation, and acquisi- tion of such housing feasible; and (C) to promote the development of partner- ships among the Federal Government, States and units of general local govern- ment, private industry, and nonprofit orga- nizations able to utilize effectively all avail- able resources to provide more of such hous- ing; (4) to make housing more affordable for very low-income and low-income families through the use of tenant-based rental assistance; (5) to develop and refine, on an ongoing basis, a selection of model programs incor- porating the most effective methods for pro- viding decent, safe, sanitary, and affordable housing, and accelerate the application of such methods where appropriate throughout the United States to achieve the prudent and efficient use of funds made available under this subchapter; (6) to expand the capacity of nonprofit com- munity housing development organizations to develop and manage decent, safe, sanitary, and affordable housing; (7) to ensure that Federal investment pro- duces housing stock that is available and af- fordable to low-income families for the prop- erty’s remaining useful life, is appropriate to the neighborhood surroundings, and, wherever appropriate, is mixed income housing; (8) to increase the investment of private cap- ital and the use of private sector resources in the provision of decent, safe, sanitary, and af- fordable housing; (9) to allocate Federal funds for investment in affordable housing among participating ju- risdictions by formula allocation;