Title 42The Public Health and WelfareRelease 119-73

§12749 Repayment of investment

Title 42 › Chapter CHAPTER 130— - NATIONAL AFFORDABLE HOUSING › Subchapter SUBCHAPTER II— - INVESTMENT IN AFFORDABLE HOUSING › Part Part A— - HOME Investment Partnerships › § 12749

Last updated Apr 6, 2026|Official source

Summary

Any money repaid or any interest earned from a jurisdiction’s HOME Investment Trust Fund must go back into that same fund. If the jurisdiction is not a participating jurisdiction when the payment is made, the money will be reallocated under section 12747(d). Each participating jurisdiction must sign an agreement with the Secretary saying that money invested in affordable housing will be repaid when the housing stops being affordable. The Secretary must make repaid money available right away for new investments under the rules that apply to funds allocated under section 12747. The Secretary may allow a jurisdiction to keep a HOME Investment Trust Fund account outside the Federal Government for use only on that jurisdiction’s affordable housing, and those accounts must be set up so repayments are not Federal receipts.

Full Legal Text

Title 42, §12749

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

(a)Any repayment of funds drawn from a jurisdiction’s HOME Investment Trust Fund, and any payment of interest or other return on the investment of such funds, shall be deposited in such jurisdiction’s HOME Investment Trust Fund, except that, if the jurisdiction is not a participating jurisdiction when such payment or repayment is made, the amount of such payment or repayment shall be reallocated in accordance with section 12747(d) of this title.
(b)Each participating jurisdiction shall enter into an agreement with the Secretary ensuring that funds invested in affordable housing under this part are repayable when the housing no longer qualifies as affordable housing. Any repayment under the previous sentence shall be for deposit in the HOME Investment Trust Fund of the jurisdiction making the investment; except that if such jurisdiction is not a participating jurisdiction when such repayment is made, the amount of such repayment shall be reallocated in accordance with section 12747(d) of this title.
(c)The Secretary shall take such actions as are necessary to ensure that any repayments deposited in a HOME Investment Trust Fund in accordance with this section shall be immediately available to the participating jurisdiction for investment subject to the provisions of this part that apply to funds that are allocated under section 12747 of this title. Actions authorized under the preceding sentence may include authorizing the establishment for a participating jurisdiction of a HOME Investment Trust Fund account outside of the Federal Government that, under arrangements satisfactory to the Secretary, shall be used solely to invest in affordable housing within the participating jurisdiction’s boundaries in accordance with the provisions of this subchapter. Such accounts shall be established in such a manner that repayments are not receipts or collections of the Federal Government.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12749

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73