§12894 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Requires a homeownership program to let qualifying families buy ownership or shares in units. The program must allow forms like co-ops (including limited‑equity) and fee‑simple ownership such as condominiums. Sales prices must be set so a buying family never needs to spend more than 30 percent of their adjusted monthly income to finish the purchase. Prices must take into account principal, insurance, taxes, interest, and closing costs. All current tenants at the time the implementation grant application is filed must join the program for a property to take part. The program must include plans for choosing eligible families, helping families who move, and keeping homes affordable. Each application must show units are safe before transfer and will meet the Secretary’s minimum housing standards within 2 years. Vacant units must first be offered to families living in public or Indian housing.

Title 42, §12894

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

(a)A homeownership program under this part shall provide for acquisition by eligible families of ownership interests in, or shares representing, units in an eligible property under any arrangement determined by the Secretary to be appropriate, such as cooperative ownership (including limited equity cooperative ownership) and fee simple ownership (including condominium ownership), for occupancy by the eligible families.

(b)A homeownership program under this part shall provide for the establishment of sales prices (including principal, insurance, taxes, and interest and closing costs) for initial acquisition of the property, and for sales to eligible families, such that the eligible family shall not be required to expend more than 30 percent of the adjusted income of the family per month to complete a sale under the homeownership program.

(c)A property may not participate in a homeownership program under this part unless all tenants or occupants of the property (at the time of 11 So in original. The word “of” probably should not appear. the application for the implementation grant covering the property is filed with the Secretary) participate in the homeownership program.

(d)A homeownership program under this part shall provide, and include a plan, for—

(1)identifying and selecting eligible families to participate in the homeownership program;

(2)providing relocation assistance to families who elect to move; and

(3)ensuring continued affordability of the property to homebuyers and homeowners.

(e)The application shall include a plan ensuring that the unit—

(1)will be free from any defects that pose a danger to health or safety before transfer of an ownership interest in, or shares representing, a unit to an eligible family; and

(2)will, not later than 2 years after the transfer to an eligible family, meet minimum housing standards established by the Secretary for the purpose of this title.22 So in original. See References in Text note below.

(f)Each homeownership program under this part shall provide that, in making vacant units in eligible properties available for acquisition by eligible families, preference shall be given to eligible families who reside in public or Indian housing.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This title, referred to in subsec. (e)(2), is title IV of Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4148, known as the Homeownership and Opportunity Through HOPE Act, which enacted this subchapter and subchapter II–A (§ 1437aaa et seq.) of chapter 8 of this title, amended section 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title and section 1709 of Title 12, Banks and Banking, and enacted provisions set out as notes under section 1437c, 1437aa, and 1437aaa of this title. For complete classification of title IV to the Code, see

Short Title

note set out under section 1437aaa of this title and Tables.

Amendments

1992—Subsec. (f). Pub. L. 102–550 added subsec. (f).

§12894 Homeownership program requirements