§12705c — Title 42 The Public Health and Welfare | U.S. Code

Summary

The law lets the Secretary make grants to States and local governments to find and remove rules that make housing less affordable. Money may be provided as needed for these grants for fiscal years 2001, 2002, 2003, 2004, and 2005. Grants can pay for work such as finding and tracking regulatory barriers; spotting laws and policies that cause them; writing and promoting new laws or model ordinances; simplifying permit and other administrative procedures; and giving technical help to local governments to carry out these changes. The Secretary must set the application form and approval rules. Applications must explain how the grant will help remove barriers and must match the jurisdiction’s comprehensive housing affordability strategy under section 12705(b)(4). Grants are awarded competitively based on the proposed uses. Grantees must share information with the clearinghouse under section 12705d and must send a report at least 12 months after getting the grant describing their actions and how any identified barriers affected minority housing patterns. The terms “regulatory barriers to affordable housing” and “regulatory barriers” are defined in section 12705b.

Title 42, §12705c

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

(a)There is authorized to be appropriated for grants under subsections (b) and (c) 11 See References in Text note below. such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005.

(b)The Secretary may make grants to States and units of general local government (including consortia of such governments) for the costs of developing and implementing strategies to remove regulatory barriers to affordable housing, including the costs of—

(1)identifying, assessing, and monitoring State and local regulatory barriers;

(2)identifying State and local policies (including laws and regulations) that permit or encourage regulatory barriers;

(3)developing legislation to provide State, local, or regional programs to reduce regulatory barriers and developing a strategy for adoption of such legislation;

(4)developing model State or local standards and ordinances to reduce regulatory barriers and assisting in the adoption and use of the standards and ordinances;

(5)carrying out the simplification and consolidation of administrative procedures and processes constituting regulatory barriers to affordable housing, including the issuance of permits; and

(6)providing technical assistance and information to units of general local government for implementation of legislative and administrative reform programs to remove regulatory barriers to affordable housing.

(c)

(d)For purposes of this section, the terms “regulatory barriers to affordable housing” and “regulatory barriers” have the meaning given such terms in section 12705b of this title.

(e)The Secretary shall provide for the form and manner of applications for grants under this section, which shall describe how grant amounts will assist the State or unit of general local government in developing and implementing strategies to remove regulatory barriers to affordable housing. The Secretary shall establish criteria for approval of applications under this subsection and such criteria shall require that grant amounts be used in a manner consistent with the strategy contained in the comprehensive housing affordability strategy for the jurisdiction pursuant to section 12705(b)(4) of this title.

(f)To the extent amounts are made available to carry out this section, the Secretary shall provide grants on a competitive basis to eligible grantees based on the proposed uses of such amounts, as provided in applications under subsection (e).

(g)Each State and unit of general local government receiving a grant under this section, shall consult, coordinate, and exchange information with the clearinghouse established under section 12705d of this title.

(h)Each State and unit of general local government receiving a grant under this section shall submit a report to the Secretary, not less than 12 months after receiving the grant, describing any activities carried out with the grant amounts. The report shall contain an assessment of the impact of any regulatory barriers identified by the grantee on the housing patterns of minorities.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsection (c) of this section, referred to in subsec. (a), was repealed by Pub. L. 106–569, title I, § 102(c), Dec. 27, 2000, 114 Stat. 2947. Codification Section was enacted as part of the Removal of Regulatory Barriers to Affordable Housing Act of 1992, and also as part of the Housing and Community Development Act of 1992, and not as part of the Cranston-Gonzalez National Affordable Housing Act which comprises this chapter. Section is comprised of section 1204 of Pub. L. 102–550. Subsection (i) of section 1204 of Pub. L. 102–550 amended section 5306 of this title.

Amendments

2000—Subsec. (a). Pub. L. 106–569, § 102(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The amounts set aside under section 5307 of this title for the purpose of this subsection shall be available for grants under subsection (b) and (c) of this section.” Subsec. (b). Pub. L. 106–569, § 102(b)(1), (2), substituted “Grant authority” for “State grants” in heading and inserted “and units of general local government (including consortia of such governments)” after “States” in introductory provisions. Subsec. (b)(3). Pub. L. 106–569, § 102(b)(3), substituted “State, local, or regional programs to reduce” for “a State program to reduce State and local”. Subsec. (b)(4). Pub. L. 106–569, § 102(b)(4), inserted “or local” after “State”. Subsec. (b)(5). Pub. L. 106–569, § 102(b)(5), struck out “State” before “administrative procedures”. Subsec. (c). Pub. L. 106–569, § 102(c), struck out heading and text of subsec. (c) which related to local grants. Subsec. (e). Pub. L. 106–569, § 102(d), substituted “and such criteria shall require that grant amounts be used in a manner consistent with the strategy contained in the comprehensive housing affordability strategy for the jurisdiction pursuant to section 12705(b)(4) of this title” for “and for the selection of units of general local government to receive grants under subsection (f)(2) of this section” before period at end. Subsec. (f). Pub. L. 106–569, § 102(e), amended heading and text of subsec. (f) generally, substituting provisions relating to selection of grantees for provisions relating to allocation of amounts.

§12705c Grants for regulatory barrier removal strategies and implementation