42 U.S.C. § 12894: Homeownership program…

Summary

Homeownership programs must let eligible families buy ownership interests or shares in eligible properties. The Secretary can allow forms like cooperatives (including limited-equity) or fee-simple/condominium ownership. Sales prices must include principal, insurance, taxes, interest, and closing costs so a family's monthly payment does not exceed 30 percent of the family's adjusted income. A property can join only if every tenant living there when the implementation grant is applied for agrees to participate. Programs must have a plan to pick eligible families, help families who choose to move, and keep homes affordable. Units must be made safe before ownership transfers and must meet the Secretary's minimum housing standards within 2 years after transfer. Vacant units must be offered first to families living in public or Indian housing.

Title 42, §12894

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

(a)In general

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)Affordability

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)Eligible property

A property may not participate in a homeownership program under this part unless all tenants or occupants of the property (at the time of the application for the implementation grant covering the property is filed with the Secretary) participate in the homeownership program.

(d)Plan

A homeownership program under this part shall provide, and include a plan, for— (1)

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

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

(e)Housing quality standards

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.

(f)Preference for acquisition of vacant units

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