§ 12746. Participation by States and local governments

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   HOME Investment Partnerships Act

   Pub. L. 101–625 title II § 216 · 104 Stat. 4079

   Enacted · 42 U.S.C. § 12746

   Pub. L. 101–625, title II, § 216, Nov. 28, 1990, 104 Stat. 4103

   Source evidence

   Code source credit
   Pub. L. 101–625, title II, § 216, Nov. 28, 1990, 104 Stat. 4103

   Enacted provision · exact public law section
   SEC. 216. PARTICIPATION BY STATES AND LOCAL GOVERNMENTS. The Secretary shall designate a State or unit of general local Regulations. government to be a participating jurisdiction when it complies with procedures that the Secretary shall establish by regulation, which procedures shall only provide for the following: (1) Allocation.— Not later than 20 days after funds to carry out this subtitle become available (or, during the first year after enactment of this Act, not later than 20 days after (A) funds to carry out this subtitle are provided in an appropriations Act, or (B) regulations to implement this subtitle are promulgated, whichever is later), the Secretary shall allocate funds in accordance with section 217 and promptly notify each jurisdiction receiving a formula allocation of its allocation amount. If a jurisdiction is not already a participating jurisdiction, the Secretary shall inform the jurisdiction in writing how the jurisdiction may become a participating jurisdiction. (2) Consortia.— A consortium of geographically contiguous units of general local government shall be deemed to be a unit of general local government for purposes of this title if the Secretary determines that the consortium— (A) has sufficient authority and administrative capability to carry out the purposes of this title on behalf of its member jurisdictions, and (B) will, according to a written certification by the State (or States, if the consortium includes jurisdictions in more than one State), direct its activities to alleviation of housing problems within the State or States. (3) Eligibility.— (A) A jurisdiction receiving a formula allocation under section 217 shall be eligible to become a participating jurisdiction if its formula allocation is $750,000 or greater, or if the Secretary finds that— (i) the jurisdiction has a local housing authority and has demonstrated a capacity to carry out provisions of this subtitle, and (ii) the State has authorized the Secretary to transfer to the jurisdiction a portion of the State’s allocation that is equal to or greater than the difference between the jurisdiction’s formula allocation and $750,000, or the State or jurisdiction has made available from the State’s or jurisdiction’s own sources an equal amount for use by the jurisdiction in conformance with the provisions of this subtitle. (B) If a jurisdiction has met the requirements of subparagraph (A), the jurisdiction’s formula allocation for a fiscal year shall subsequently be deemed to equal the sum of the jurisdiction’s allocation under section 217(a)(1) and the amount made available to the jurisdiction under subparagraph (A)(ii). (4) Notification.— If an eligible jurisdiction notifies the Secretary in writing, not later than 30 days after receiving notification under paragraph (1), of its intention to become a participating jurisdiction, the Secretary shall reserve an amount equal to the jurisdiction’s allocation (plus any reallocations for which the jurisdiction is eligible under section 217(d)(1)) pending the jurisdiction’s designation as a participating jurisdiction. The Secretary shall reallocate, in accordance with paragraph (6) of this section, any funds reserved under the previous sentence if the Secretary determines that the jurisdiction will not meet the requirements for designation as a participating jurisdiction within a reasonable period of time. (5) Submission of strategy.— Not later than 90 days after providing notification under paragraph (4), an eligible jurisdiction shall submit to the Secretary a comprehensive housing affordability strategy in accordance with section 105. (6) Reallocation.— If the Secretary determines that a jurisdiction has failed to meet the requirements of the previous 3 paragraphs or if the Secretary, after providing for amendments and resubmissions in accordance with section 105(c)(3), disapproves the jurisdiction’s comprehensive housing affordability strategy, the Secretary shall reallocate any funds reserved for the jurisdiction as follows: (A) State.— If a State has failed to meet the requirements, the Secretary shall— (i) make any funds reserved for the State available by direct reallocation among applications submitted by units of general local government within the State or consortia that include units of general local government within the State, insofar as approvable applications meeting the selection criteria under section 217(c) are received within 12 months after the funds become available for the direct reallocation, and (ii) reallocate the remainder by formula in accordance with section 217(b). (B) Local.— If a unit of general local government has failed to meet the requirements and is located in a State that is a participating jurisdiction, the Secretary shall re-allocate to the State any funds reserved for the locality, with preference going to the provision of affordable housing within the locality. (C) Direct reallocation.— If a unit of general local government has failed to meet the requirements and is located in a State that is not a participating jurisdiction, the Secretary shall— (i) make any funds reserved for the locality available for use within the State by direct reallocation among units of general local government and community housing development organizations, insofar as approvable applications meeting the selection criteria under section 217(c) are received within 12 months after the funds become available for the direct reallocation with priority going to applications for affordable housing within the locality, and (ii) reallocate the remainder in accordance with section 217(b). (D) Certain jurisdictions deemed to be participating jurisdictions.— If a State or unit of general local government is meeting the requirements of paragraphs (3), (4), and (5), it shall be deemed to be a participating jurisdiction for purposes of reallocation under this paragraph. (7) Designation.— The Secretary shall designate an eligible jurisdiction to be a participating jurisdiction as soon as its comprehensive housing affordability strategy is approved in accordance with section 105. (8) Continuous designation.— Once a State or unit of general local government is designated a participating jurisdiction, it shall remain a participating jurisdiction for subsequent fiscal years, except as provided in paragraph (9). The provisions of paragraphs (3) through (6) shall not apply to participating jurisdictions. (9) Revocation.— The Secretary may revoke a jurisdiction’s designation as a participating jurisdiction if— (A) the Secretary finds, after reasonable notice and opportunity for hearing, that the jurisdiction is unwilling or unable to carry out the provisions of this title, or (B) the jurisdiction’s allocation falls below $750,000 for 3 consecutive years, below $625,000 for 2 consecutive years, or the jurisdiction does not receive a formula allocation of $500,000 or more in any 1 year. If a jurisdiction’s designation as a participating jurisdiction is revoked, any remaining line of credit in the jurisdiction’s HOME Investment Trust Fund established under section 218 shall be reallocated in accordance with paragraph (6) of this section.

2. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 202(a)(1) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12746(3)(A)

   Pub. L. 102–550, § 202(a)(1), substituted “Except as provided in paragraph (10), a jurisdiction” for “A jurisdiction”

   Source evidence

   Code amendment note
   Par. (3)(A). Pub. L. 102–550, § 202(a)(1), substituted “Except as provided in paragraph (10), a jurisdiction” for “A jurisdiction”.

   Enacted provision · exact public law section
   (1) in paragraph (3), by striking “A jurisdiction” and inserting “Except as provided in paragraph (10), a jurisdiction”;

   Effective date note
   Amendment by Pub. L. 102–550 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. 102–550, set out as a note under section 12704 of this title.

3. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 202(a)(2) · 106 Stat. 3672

   Inserted · 42 U.S.C. § 12746(9)(B)

   Pub. L. 102–550, § 202(a)(2), inserted “, except as provided in paragraph (10)” after “in any 1 year”

   Source evidence

   Code amendment note
   Par. (9)(B). Pub. L. 102–550, § 202(a)(2), inserted “, except as provided in paragraph (10)” after “in any 1 year”.

   Enacted provision · exact public law section
   (2) in paragraph (9)(B), by inserting “, except as provided in paragraph (10)” after “in any 1 year”; and

   Effective date note
   Amendment by Pub. L. 102–550 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. 102–550, set out as a note under section 12704 of this title.

4. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 202(a)(3) · 106 Stat. 3672

   Added · 42 U.S.C. § 12746(10)

   Pub. L. 102–550, § 202(a)(3), added par. (10)

   Source evidence

   Code amendment note
   Par. (10). Pub. L. 102–550, § 202(a)(3), added par. (10).

   Enacted provision · exact public law section
   (3) by adding at the end the following: “(10) Threshold reduction.— If the amount appropriated pursuant to section 205 for any fiscal year is less than $1,500,000,000, then this section shall be applied during that year— “(A) by substituting ‘$500,000’ for ‘$750,000’ both places it appears in paragraph (3); and “(B) by substituting ‘$500,000’, ‘$410,000’, and ‘$335,000’ for ‘$750,000’, ‘$625,000’, and ‘$500,000’, respectively, where they appear in paragraph (9).”.

   Effective date note
   Amendment by Pub. L. 102–550 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. 102–550, set out as a note under section 12704 of this title.

4 of 4 references resolved to an enrolled provision