42 U.S.C. § 12713: Eligibility under…

Summary

Federal first-time homebuyer programs must not refuse someone just because, while they were a homemaker or while married, they owned or lived in a home with their spouse. That protection applies to both displaced homemakers and single parents. The rule covers any federal program that helps first-time buyers unless a later law changes this part of the law or clearly says the program is exempt. Displaced homemaker: an adult who has not worked full-time for a number of years, mainly cared for home and family without pay, and is unemployed or underemployed and struggling to find better work. First-time homebuyer: someone who has never, or has not for a specified time, owned a main home. Single parent: an unmarried or legally separated person who has custody or joint custody of one or more minor children, or who is pregnant.

Title 42, §12713

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

(a)Eligibility of displaced homemakers and single parents for Federal assistance for first-time homebuyers

(1)Displaced homemakers

No individual who is a displaced homemaker may be denied eligibility under any Federal program to assist first-time homebuyers 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.

(2)Single parents

No individual who is a single parent may be denied eligibility under any Federal program to assist first-time homebuyers 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.

(b)Definitions

For purposes of this section: (1) Displaced homemaker

(2)First-time homebuyer

The term “first-time homebuyer” means an individual who has never, or has not during a specified period of time, had any present ownership interest in a principal residence.

(3)Single parent

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.

(c)Applicability

This section shall apply to any Federal program to assist first-time homebuyers, unless the program is exempted from this section by a statute that amends this subsection or explicitly refers to this subsection.

Editorial Notes

Codification Section was enacted as part of title IX of the Cranston-Gonzalez National Affordable Housing Act, and not as part of title I of such Act which comprises this subchapter.

§12713 Eligibility Under First-time Homebuyer Programs

Summary

Title 42, §12713

Notes & Related Subsidiaries

Editorial Notes

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