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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 12771 Set-aside for community housing development organizations us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 130 NATIONAL AFFORDABLE HOUSING 12771 42 U.S.C. § 12771 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/s12771 data/legal/raw/us/code/title-42/usc42.xml 702330295db4093ad7810c618e300800b78b47dd2a285a53aa34929dbc2aaf70 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e d7b4534bb024d0cb7737746d2059b7658eb9eaf17d56fe7b8aa90b165930f989 2026-07-04 official
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42 U.S.C. § 12771 - Set-aside for community housing development organizations

Text

(a) In general For a period of 24 months after funds under part A are made available to a jurisdiction, the jurisdiction shall reserve not less than 15 percent of such funds for investment only in housing to be developed, sponsored, or owned by community housing development organizations. Each participating jurisdiction shall make reasonable efforts to identify community housing development organizations that are capable or can reasonably be expected to become capable of carrying out elements of the jurisdictions housing strategy and to encourage such community housing development organizations to do so. If during the first 24 months of its participation under this subchapter, a participating jurisdiction is unable to identify a sufficient number of capable community housing development organizations, then up to 20 percent of the funds allocated to that jurisdiction under this section, but not to exceed $150,000, may be made available to carry out activities that develop the capacity of community housing development organizations in that jurisdiction. A participating jurisdiction is authorized to enter into contracts with community housing development organizations to carry out this section.

(b) Recapture and reuse If any funds reserved under subsection (a) remain uninvested for a period of 24 months, then the Secretary shall deduct such funds from the line of credit in the participating jurisdictions HOME Investment Trust Fund and make such funds available by direct reallocation (1) to other participating jurisdictions for affordable housing developed, sponsored or owned by community housing development organizations, or (2) to nonprofit intermediary organizations to carry out activities that develop the capacity of community housing development organizations consistent with section 12773 of this title, with preference to community housing development organizations serving the jurisdiction from which the funds were recaptured.

(c) Direct reallocation criteria Insofar as practicable, direct reallocations under this section shall be made according to the selection criteria established under section 12747(c) of this title.

(Pub. L. 101625, title II, § 231, Nov. 28, 1990, 104 Stat. 4114; Pub. L. 102550, title II, § 212(a), (b), Oct. 28, 1992, 106 Stat. 3757.)

Notes

Editorial Notes

Amendments1992—Subsec. (a). Pub. L. 102550 substituted “24” for “18” in first sentence and inserted after second sentence “If during the first 24 months of its participation under this subchapter, a participating jurisdiction is unable to identify a sufficient number of capable community housing development organizations, then up to 20 percent of the funds allocated to that jurisdiction under this section, but not to exceed $150,000, may be made available to carry out activities that develop the capacity of community housing development organizations in that jurisdiction.” Subsec. (b). Pub. L. 102550, § 212(a), substituted “24” for “18”.

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.