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LegalText 42 U.S.C. § 12748 HOME Investment Trust Funds us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 130 NATIONAL AFFORDABLE HOUSING 12748 42 U.S.C. § 12748 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s12748 data/legal/raw/us/code/title-42/usc42.xml 0b6c7b82c9eb9e68b6215810587d1469d47b41c7e05a0ccc29b27cc5eae8fad6 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 38caaac5251d7bd5d9856b02028fe4911d19c2c3af3b9b680d66e76e55c1b9ad 2026-07-04 official
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42 U.S.C. § 12748 - HOME Investment Trust Funds

Text

(a) Establishment 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 jurisdictions 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) Line of credit 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) Reductions A participating jurisdictions 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) Certification 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 jurisdictions 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) Investment within 15 days The participating jurisdiction shall, not later than 15 days after funds are drawn from the jurisdictions HOME Investment Trust Fund, invest such funds, together with any interest earned thereon, in the affordable housing for which the funds were withdrawn.

(f) No interest or fees The Secretary shall not charge any interest or levy any other fee with regard to funds in a HOME Investment Trust Fund.

(g) Expiration of right to draw funds 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 jurisdictions HOME Investment Trust Fund, the jurisdictions right to draw such funds from the HOME Investment Trust Fund shall expire. The Secretary shall reduce the line of credit in the participating jurisdictions 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) Administrative provision 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.

(Pub. L. 101625, title II, § 218, Nov. 28, 1990, 104 Stat. 4109; Pub. L. 102550, title II, §§ 203(c), 221, Oct. 28, 1992, 106 Stat. 3752, 3762.)

Notes

Editorial Notes

Amendments1992—Subsec. (a). Pub. L. 102550, § 221, inserted “or within the boundaries of contiguous jurisdictions in joint projects which serve residents from both jurisdictions” after “boundaries”. Subsec. (g). Pub. L. 102550, § 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. 102550 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. 102550, set out as a note under section 12704 of this title.