Title 42The Public Health and WelfareRelease 119-73

§12748 HOME Investment Trust Funds

Title 42 › Chapter CHAPTER 130— - NATIONAL AFFORDABLE HOUSING › Subchapter SUBCHAPTER II— - INVESTMENT IN AFFORDABLE HOUSING › Part Part A— - HOME Investment Partnerships › § 12748

Last updated Apr 6, 2026|Official source

Summary

The Secretary must set up a HOME Investment Trust Fund account for each participating jurisdiction. The account can only be used to invest in affordable housing inside that jurisdiction or in joint projects with neighboring jurisdictions. Each fund has a line of credit made up of money allocated or reallocated under section 12747 and any payments or repayments under section 12749. The line of credit goes down when the jurisdiction draws money, when amounts expire, or when penalties under section 12754 are applied. A jurisdiction may draw money up to its remaining line only after it certifies the funds will be used under its approved housing plan and follow the rules. Once certified, the Secretary must immediately disburse the funds in the form the jurisdiction chooses. The jurisdiction must invest the drawn money and any interest in the housing for which it was withdrawn within 15 days. The Secretary cannot charge interest or fees on the fund balances and must keep each jurisdiction informed about the fund’s status. If money is not placed under a binding commitment to housing within 24 months after the month it was deposited, the right to draw it expires and the Secretary reduces the line and reallocates that amount by formula under section 12747(d).

Full Legal Text

Title 42, §12748

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

(a)The Secretary shall establish for each participating jurisdiction a HOME Investment Trust Fund, which shall be an account (or accounts as provided in section 12749(c) of this title) for use solely to invest in affordable housing within the participating jurisdiction’s boundaries or within the boundaries of contiguous jurisdictions in joint projects which serve residents from both jurisdictions in accordance with the provisions of this part.
(b)The Secretary shall establish a line of credit in the HOME Investment Trust Fund of each participating jurisdiction, which line of credit shall include—
(1)funds allocated or reallocated to the participating jurisdiction under section 12747 of this title, and
(2)any payment or repayment made pursuant to section 12749 of this title.
(c)A participating jurisdiction’s line of credit shall be reduced by—
(1)funds drawn from the HOME Investment Trust Fund by the participating jurisdiction,
(2)funds expiring under subsection (g), and
(3)any penalties assessed by the Secretary under section 12754 11 So in original. Probably should be section “12753”. of this title.
(d)A participating jurisdiction may draw funds from its HOME Investment Trust Fund, but not to exceed the remaining line of credit, only after providing certification that the funds shall be used pursuant to the participating jurisdiction’s approved housing strategy and in compliance with all requirements of this subchapter. When such certification is received, the Secretary shall immediately disburse such funds in accordance with the form of the assistance determined by the participating jurisdiction.
(e)The participating jurisdiction shall, not later than 15 days after funds are drawn from the jurisdiction’s HOME Investment Trust Fund, invest such funds, together with any interest earned thereon, in the affordable housing for which the funds were withdrawn.
(f)The Secretary shall not charge any interest or levy any other fee with regard to funds in a HOME Investment Trust Fund.
(g)If any funds becoming available to a participating jurisdiction under this subchapter are not placed under binding commitment to affordable housing within 24 months after the last day of the month in which such funds are deposited in the jurisdiction’s HOME Investment Trust Fund, the jurisdiction’s right to draw such funds from the HOME Investment Trust Fund shall expire. The Secretary shall reduce the line of credit in the participating jurisdiction’s HOME Investment Trust Fund by the expiring amount and shall reallocate the funds by formula in accordance with section 12747(d) of this title.
(h)The Secretary shall keep each participating jurisdiction informed of the status of its HOME Investment Trust Fund, including the status of amounts under various stages of commitment.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–550, § 221, inserted “or within the boundaries of contiguous jurisdictions in joint projects which serve residents from both jurisdictions” after “boundaries”. Subsec. (g). Pub. L. 102–550, § 203(c), substituted “If” for “Except as provided in section 12747(b)(1)(A)(ii) of this title, if”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–550 applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12748

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73