§12704 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines key words used in this part of the law. A "unit of general local government" means cities, towns, townships, counties, parishes, villages, other general-purpose local governments, the Federated States of Micronesia, Palau, and the Marshall Islands (or their local governments), recognized consortia, and agencies set up by law and named by the chief executive to act for the jurisdiction. "State" means any U.S. State, the District of Columbia, the Commonwealth of Puerto Rico, or an agency the chief executive names to act for the State. "Jurisdiction" means a State or a unit of general local government, and a "participating jurisdiction" is one the Secretary has designated under section 12746. A "nonprofit organization" is a private nonprofit set up under state or local law that does not distribute profits, meets financial accountability standards the Secretary accepts, and works significantly to provide decent affordable housing. A "community housing development organization" is that kind of nonprofit that focuses on affordable housing, is accountable to low-income residents, can carry out assisted activities, and has served the local area. "Government-sponsored mortgage finance corporations" are the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Agricultural Mortgage Corporation. "Housing" includes manufactured homes and lots and small removable elder cottage units placed next to 1- to 4-family homes. "Very low-income families" earn no more than 50 percent of the area median income (with adjustments), and "low-income families" earn no more than 80 percent (with adjustments); the Secretary can set different ceilings for specific reasons. "Families," "security," "public housing agency," "metropolitan city," and "urban county" are defined in other cited laws. A "displaced homemaker" is an adult who largely worked at home without pay, has not worked full-time full-year for years, and is now unemployed or underemployed. A "first-time homebuyer" has not owned a home in the 3-year period before buying with assistance, with exceptions for displaced homemakers, single parents, and owners of non-permanently affixed or code-noncompliant units that cannot be fixed for less than the cost of building a permanent structure. A "single parent" is unmarried or separated and has custody of minor children or is pregnant. The "Secretary" means the Secretary of Housing and Urban Development. "Substantial rehabilitation" means repairs costing in excess of $25,000 per dwelling unit. A "certification" is a written claim with supporting evidence kept for inspection and treated as accurate unless the Secretary finds otherwise after review. "To demonstrate to the Secretary" means to submit a written claim with supporting evidence the Secretary finds convincing. The "insular areas" are Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa. An "energy efficient mortgage" gives financing incentives for buying energy-efficient homes or for including energy-improvement costs in a mortgage.

Title 42, §12704

The Public Health and Welfare — Source: USLM XML via OLRC

As used in this subchapter and in subchapter II:

(1)The term “unit of general local government” means a city, town, township, county, parish, village, or other general purpose political subdivision of a State; the Federated States of Micronesia and Palau, the Marshall Islands, or a general purpose political subdivision thereof; a consortium of such political subdivisions recognized by the Secretary in accordance with section 12746(2) of this title; and any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this Act.

(2)The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act.

(3)The term “jurisdiction” means a State or unit of general local government.

(4)The term “participating jurisdiction” means any State or unit of general local government that has been so designated in accordance with section 12746 of this title.

(5)The term “nonprofit organization” means any private, nonprofit organization (including a State or locally chartered, nonprofit organization) that—

(A)is organized under State or local laws,

(B)has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual,

(C)complies with standards of financial accountability acceptable to the Secretary, and

(D)has among its purposes significant activities related to the provision of decent housing that is affordable to low-income and moderate-income persons.

(6)The term “community housing development organization” means a nonprofit organization as defined in paragraph (5), that—

(A)has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons;

(B)maintains, through significant representation on the organization’s governing board and otherwise, accountability to low-income community residents and, to the extent practicable, low-income beneficiaries with regard to decisions on the design, siting, development, and management of affordable housing;

(C)has a demonstrated capacity for carrying out activities assisted under this Act; and

(D)has a history of serving the local community or communities within which housing to be assisted under this Act is to be located.

(7)The term “government-sponsored mortgage finance corporations” means the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Agricultural Mortgage Corporation.

(8)The term “housing” includes manufactured housing and manufactured housing lots and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings.

(9)The term “very low-income families” means low-income families whose incomes do not exceed 50 percent of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.

(10)The term “low-income families” means families whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.

(11)The term “families” has the same meaning given that term by section 1437a of this title.

(12)The term “security” has the same meaning as in section 77b of title 15.

(13)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 upgrading employment.

(14)The term “first-time homebuyer” means an individual and his or her spouse who have not owned a home during the 3-year period prior to purchase of a home with assistance under subchapter II, except that—

(A)any individual who is a displaced homemaker may not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse;

(B)any individual who is a single parent may not be excluded from consideration as a first-time homebuyer under this paragraph 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; and

(C)an individual shall not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual owns or owned, as a principal residence during such 3-year period, a dwelling unit whose structure is—

(i)not permanently affixed to a permanent foundation in accordance with local or other applicable regulations, or

(ii)not in compliance with State, local, or model building codes, or other applicable codes, and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure.

(15)The term “single parent” means an individual 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.

(16)The term “Secretary” means the Secretary of Housing and Urban Development, unless otherwise specified in this Act.

(17)The term “substantial rehabilitation” means the rehabilitation of residential property at an average cost in excess of $25,000 per dwelling unit.

(18)The term “public housing agency” has the meaning given the term in section 1437a(b) of this title.

(19)The term “metropolitan city” has the meaning given the term in section 5302(a)(4) of this title.

(20)The term “urban county” has the meaning given the term in section 5302(a)(6) of this title.

(21)The term “certification” means a written assertion, based on supporting evidence, which shall be kept available for inspection by the Secretary, the Inspector General and the public, which assertion shall be deemed to be accurate for purposes of this Act, unless the Secretary determines otherwise after inspecting the evidence and providing due notice and opportunity for comment.

(23)11 So in original. Probably should be “(22)”. The term “to demonstrate to the Secretary” means to submit to the Secretary a written assertion together with supporting evidence that, in the determination of the Secretary, supports the accuracy of the assertion.

(24)22 So in original. Two pars. (24) have been enacted. The term “insular area” means any of the following: Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.

(24)2 The term “energy efficient mortgage” means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.

(25)The term “energy efficient mortgage” means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in pars. (1), (2), (6), (16), and (21), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gonzalez National Affordable Housing Act. For complete classification of this Act to the Code, see

Short Title

note set out under section 12701 of this title and Tables.

Amendments

1994—Par. (2). Pub. L. 103–233 struck out “and” after “Columbia,” and inserted before period at end “, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act”. 1992—Par. (1). Pub. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Pub. L. 102–230, § 2(1), had not been enacted. See 1991 Amendment note below. Par. (6). Pub. L. 102–550, § 217(a), inserted concluding provisions. Par. (8). Pub. L. 102–550, § 218, inserted before period at end “and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings”. Par. (14)(C). Pub. L. 102–550, § 219, added subpar. (C). Par. (24). Pub. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Pub. L. 102–230, § 2(2), had not been enacted. See 1991 Amendment note below. Pub. L. 102–486 added par. (24) defining “energy efficient mortgage”. Par. (25). Pub. L. 102–550, § 914(a), added par. (25). 1991—Par. (1). Pub. L. 102–230, § 2(1), directed the substitution of “the insular areas” for “Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia and Palau, the Marshall Islands”. See 1992 Amendment note above. Pub. L. 102–229 struck out “Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa,” after “of a State;”. Par. (24). Pub. L. 102–230, § 2(2), directed the addition of a par. (24) to read as follows: “(24) The term ‘insular areas’ means Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa.” See 1992 Amendment note above. Pub. L. 102–229 added par. (24) defining “insular area”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–233 applicable with respect to any amounts made available to carry out subchapter II (§ 12721 et seq.) of this chapter after Apr. 11, 1994, and any amounts made available to carry out that subchapter before that date that remain uncommitted on that date, with Secretary to issue any

Regulations

necessary to carry out such amendment not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as a note under section 5301 of this title.

Effective Date

of 1992 Amendment Pub. L. 102–550, title II, § 211(b), Oct. 28, 1992, 106 Stat. 3757, provided that: “The

Amendments

made by subsection (a) [amending this section and section 12747 of this title] shall apply with respect to fiscal year 1993 and thereafter.” Pub. L. 102–550, title II, § 223, Oct. 28, 1992, 106 Stat. 3762, provided that: “The

Amendments

made by this title [enacting section 12810 of this title and amending this section and section 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title] shall apply to unexpended funds allocated under title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12721 et seq.] in fiscal year 1992, except as otherwise specifically provided.”

Regulations

Pub. L. 102–550, title II, § 222, Oct. 28, 1992, 106 Stat. 3762, provided that: “The Secretary of Housing and Urban Development shall issue any final

Regulations

necessary to implement the provisions of this title [enacting section 12810 of this title, amending this section and section 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title, and enacting provisions set out as notes under this section and section 12746, 12747, and 12750 of this title] and the

Amendments

made by this title not later than the expiration of the 180-day period beginning on the date of the enactment of this Act [Oct. 28, 1992], except as expressly provided otherwise in this title and the

Amendments

made by this title. Such

Regulations

shall be issued after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).” Transition Rule Pub. L. 102–550, title II, § 217(b), Oct. 28, 1992, 106 Stat. 3760, provided that: “For the purposes of determining compliance with the requirements of section 104(6) of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12704(6)], the Secretary of Housing and Urban Development may provide an exception for organizations that meet the definition of community housing development organization, except for significant representation of low-income community residents on the board, if such organization fulfills such requirement within 6 months of receiving funds under title II of such Act [42 U.S.C. 12721 et seq.] or September 30, 1993, whichever is sooner.”

§12704 Definitions

Summary

Title 42, §12704

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Amendments

Amendments

Regulations

Regulations

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