§ 12750. Matching requirements

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 § 220 · 104 Stat. 4079

   Enacted · 42 U.S.C. § 12750

   Pub. L. 101–625, title II, § 220, Nov. 28, 1990, 104 Stat. 4111

   Source evidence

   Code source credit
   Pub. L. 101–625, title II, § 220, Nov. 28, 1990, 104 Stat. 4111

   Enacted provision · exact public law section
   SEC. 220. MATCHING REQUIREMENTS. (a) Contribution.— Each participating jurisdiction shall make contributions to affordable housing assisted under this title that total, throughout a fiscal year, not less than— (1) 25 percent of the total funds drawn from the jurisdiction’s HOME Investment Trust Fund in that fiscal year with respect to rental assistance and housing rehabilitation; (2) 33 percent of the total funds drawn from the jurisdiction’s HOME Investment Trust Fund in that fiscal year with respect to substantial rehabilitation; and (3) 50 percent of the total funds drawn from the jurisdiction’s HOME Investment Trust Fund in that fiscal year with respect to new construction. Such contributions shall be in addition to any amounts made available under section 216(3)(A)(ii). (b) Recognition.— (1) In general.— A contribution shall be recognized for purposes of subsection (a) only if it— (A) is made with respect to housing that qualifies as affordable housing under section 215; or (B) is made with respect to any portion of a project not less than 50 percent of the units of which qualify as affordable housing under section 215. (2) Administrative expenses.— Contributions for administrative expenses shall be recognized only up to an amount equal to 7 percent of funds provided for investment under this title. (c) Form.— Such contributions may be in the form of— (1) cash contributions from non-Federal resources, which may not include funds from a grant made under section 106(b) or section 106(d) of the Housing and Community Development Act of 1974; (2) payment of administrative expenses, as defined by the Secretary, from non-Federal resources, which may include funds from a grant made under section 106(b) or section 106(d) of the Housing and Community Development Act of 1974; (3) the value of taxes, fees, or other charges that are normally and customarily imposed but are waived, foregone, or deferred in a manner that achieves affordability of housing assisted under this title; (4) the value of land or other real property as appraised according to procedures acceptable to the Secretary; and (5) the value of investment in on-site and off-site infrastructure directly required for affordable housing assisted under this title. (d) Reduction of Requirement.— If a jurisdiction demonstrates to the satisfaction of the Secretary that a reduction of the matching requirement specified in subsection (a) is necessary to permit the jurisdiction to carry out the purposes of this title, the Secretary may reduce the matching requirement during a period not to exceed 3 years after the jurisdiction is first designated as a participating jurisdiction. Such reduction shall be not more than 75 percent in the first year, not more than 50 percent in the second year, and not more than 25 percent in the third year.

2. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 210(a)(4) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12750(a)

   Pub. L. 102–550, § 210(a)(4), substituted “housing that qualifies as affordable housing under this subchapter” for “affordable housing assisted under this subchapter” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–550, § 210(a)(4), substituted “housing that qualifies as affordable housing under this subchapter” for “affordable housing assisted under this subchapter” in introductory provisions.

   Enacted provision · exact public law section
   (4) in the matter preceding paragraph (1), by striking “affordable housing assisted under this title” and inserting “housing that qualifies as affordable housing under this title”.

3. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 210(a)(1) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12750(a)(1)

   Pub. L. 102–550, § 210(a)(1), substituted “, housing rehabilitation and substantial rehabilitation; and” for “and housing rehabilitation;”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–550, § 210(a)(1), substituted “, housing rehabilitation and substantial rehabilitation; and” for “and housing rehabilitation;”.

   Enacted provision · exact public law section
   (1) in paragraph (1)— (A) by striking “and” and inserting a comma; (B) by inserting “and substantial rehabilitation” after “rehabilitation”; and (C) by inserting “and” after the semicolon;

4. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 210(a)(2) · 106 Stat. 3672

   1. Substituted · 42 U.S.C. § 12750(a)(2)

      Pub. L. 102–550, § 210(a)(2), substituted “30” for “33”

   2. Substituted · 42 U.S.C. § 12750(a)(2)

      Pub. L. 102–550, § 210(a)(2), substituted “new construction.” for “substantial rehabilitation; and”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–550, § 210(a)(2), substituted “30” for “33” and “new construction.” for “substantial rehabilitation; and”.

   Enacted provision · exact public law section
   (2) in paragraph (2)— (A) by striking “33” and inserting “30”; and (B) by striking “substantial rehabilitation; and” and inserting “new construction”;

5. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 210(a)(3) · 106 Stat. 3672

   Struck · 42 U.S.C. § 12750(a)(3)

   Pub. L. 102–550, § 210(a)(3), struck out par. (3) which read as follows: “50 percent of the total funds drawn from the jurisdiction’s HOME Investment Trust Fund in that fiscal year with respect to new construction.”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 102–550, § 210(a)(3), struck out par. (3) which read as follows: “50 percent of the total funds drawn from the jurisdiction’s HOME Investment Trust Fund in that fiscal year with respect to new construction.”

   Enacted provision · exact public law section
   (3) by striking paragraph (3); and

6. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 207(c)(1) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12750(b)(2)

   Pub. L. 102–550, § 207(c)(1), substituted “may not be recognized for purposes of subsection (a)” for “shall be recognized only up to an amount equal to 7 percent of funds provided for investment under this subchapter”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 102–550, § 207(c)(1), substituted “may not be recognized for purposes of subsection (a)” for “shall be recognized only up to an amount equal to 7 percent of funds provided for investment under this subchapter”.

   Enacted provision · exact public law section
   SEC. 207. PER UNIT COST LIMITS. Section 212(d)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(d)(1) is amended by inserting after the first sentence the following: “For multifamily housing, such limits shall not be less than the per unit dollar amount limitations set forth in section 221(d)(3)(ii) of the National Housing Act, as such limitations may be adjusted in accordance therewith, except that for purposes of this subsection the Secretary shall, by regulation, increase the per unit dollar amount limitations in any geographical area by an amount, not to exceed 140 percent, that equals the amount by which the costs of multifamily housing construction in the area exceed the national average of such costs.”.

7. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 207(c)(2) · 106 Stat. 3672

   1. Redesignated · 42 U.S.C. § 12750(c)(2)

      Pub. L. 102–550, § 207(c)(2), redesignated par. (3) as (2)

   2. Struck · 42 U.S.C. § 12750(c)(2)

      Pub. L. 102–550, § 207(c)(2), struck out former par. (2) which read as follows: “payment of administrative expenses, as defined by the Secretary, from non-Federal resources, which may include funds from a grant made under section 5306(b) or section 5306(d) of this title;”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 102–550, § 207(c)(2), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “payment of administrative expenses, as defined by the Secretary, from non-Federal resources, which may include funds from a grant made under section 5306(b) or section 5306(d) of this title;”.

   Enacted provision · exact public law section
   SEC. 207. PER UNIT COST LIMITS. Section 212(d)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(d)(1) is amended by inserting after the first sentence the following: “For multifamily housing, such limits shall not be less than the per unit dollar amount limitations set forth in section 221(d)(3)(ii) of the National Housing Act, as such limitations may be adjusted in accordance therewith, except that for purposes of this subsection the Secretary shall, by regulation, increase the per unit dollar amount limitations in any geographical area by an amount, not to exceed 140 percent, that equals the amount by which the costs of multifamily housing construction in the area exceed the national average of such costs.”.

8. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 210(b)(1) · 106 Stat. 3672

   Redesignated · 42 U.S.C. § 12750(c)(3)

   Pub. L. 102–550, § 210(b)(1), which directed the striking of “and” at end of par. (4), could not be executed following the redesignation of par. (4) as (3). See below

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 102–550, § 210(b)(1), which directed the striking of “and” at end of par. (4), could not be executed following the redesignation of par. (4) as (3). See below.

   Enacted provision · exact public law section
   (1) by striking “and” at the end of paragraph (4);

9. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 207(c)(2)(B) · 106 Stat. 3672

   Redesignated · 42 U.S.C. § 12750(c)(3)

   Pub. L. 102–550, § 207(c)(2)(B), redesignated par. (4) as (3). Former par. (3) redesignated (2)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–550, § 207(c)(2)(B), redesignated par. (4) as (3). Former par. (3) redesignated (2).

   Enacted provision · exact public law section
   SEC. 207. PER UNIT COST LIMITS. Section 212(d)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(d)(1) is amended by inserting after the first sentence the following: “For multifamily housing, such limits shall not be less than the per unit dollar amount limitations set forth in section 221(d)(3)(ii) of the National Housing Act, as such limitations may be adjusted in accordance therewith, except that for purposes of this subsection the Secretary shall, by regulation, increase the per unit dollar amount limitations in any geographical area by an amount, not to exceed 140 percent, that equals the amount by which the costs of multifamily housing construction in the area exceed the national average of such costs.”.

10. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 210(b)(2) · 106 Stat. 3672

    Redesignated · 42 U.S.C. § 12750(c)(4)

    Pub. L. 102–550, § 210(b)(2), which directed the substitution of a semicolon for the period at end of par. (5), could not be executed following the redesignation of par. (5) as (4). See below

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 102–550, § 210(b)(2), which directed the substitution of a semicolon for the period at end of par. (5), could not be executed following the redesignation of par. (5) as (4). See below.

    Enacted provision · exact public law section
    (2) by striking the period at the end of paragraph (5) and inserting a semicolon; and

11. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 207(c)(2)(B) · 106 Stat. 3672

    Redesignated · 42 U.S.C. § 12750(c)(4)

    Pub. L. 102–550, § 207(c)(2)(B), redesignated par. (5) as (4). Former par. (4) redesignated (3)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–550, § 207(c)(2)(B), redesignated par. (5) as (4). Former par. (4) redesignated (3).

    Enacted provision · exact public law section
    SEC. 207. PER UNIT COST LIMITS. Section 212(d)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(d)(1) is amended by inserting after the first sentence the following: “For multifamily housing, such limits shall not be less than the per unit dollar amount limitations set forth in section 221(d)(3)(ii) of the National Housing Act, as such limitations may be adjusted in accordance therewith, except that for purposes of this subsection the Secretary shall, by regulation, increase the per unit dollar amount limitations in any geographical area by an amount, not to exceed 140 percent, that equals the amount by which the costs of multifamily housing construction in the area exceed the national average of such costs.”.

12. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 207(c)(2)(B) · 106 Stat. 3672

    Redesignated · 42 U.S.C. § 12750(c)(5)

    Pub. L. 102–550, § 207(c)(2)(B), redesignated par. (5) as (4)

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 102–550, § 207(c)(2)(B), redesignated par. (5) as (4).

    Enacted provision · exact public law section
    SEC. 207. PER UNIT COST LIMITS. Section 212(d)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(d)(1) is amended by inserting after the first sentence the following: “For multifamily housing, such limits shall not be less than the per unit dollar amount limitations set forth in section 221(d)(3)(ii) of the National Housing Act, as such limitations may be adjusted in accordance therewith, except that for purposes of this subsection the Secretary shall, by regulation, increase the per unit dollar amount limitations in any geographical area by an amount, not to exceed 140 percent, that equals the amount by which the costs of multifamily housing construction in the area exceed the national average of such costs.”.

13. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 210(b)(3) · 106 Stat. 3672

    Added · 42 U.S.C. § 12750(c)(6)(8)

    Pub. L. 102–550, § 210(b)(3), added pars. (6) to (8)

    Source evidence

    Code amendment note
    Subsec. (c)(6) to (8). Pub. L. 102–550, § 210(b)(3), added pars. (6) to (8).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(6) up to— “(A) 50 percent of proceeds from bond financing validly issued by a State or local government, agency or instrumentality thereof, or political subdivision thereof, and repayable with revenues derived from a multifamily affordable housing project financed, and “(B) 25 percent of proceeds from bond financing validly issued by a State or local government, agency or instrumentality thereof, or political subdivision thereof, and repayable with revenues derived from a single-family project financed, but not more than 25 percent of the contribution required under subsection (a) may be derived from these sources; “(7) the reasonable value of any site-preparation and construction materials and any donated or voluntary labor in connection with the site-preparation for, or construction or rehabilitation of, affordable housing; and “(8) such other contributions to affordable housing as the Secretary considers appropriate.”,

14. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 210(c) · 106 Stat. 3672

    1. Added · 42 U.S.C. § 12750(d)

       Pub. L. 102–550, § 210(c), added subsec. (d)

    2. Struck · 42 U.S.C. § 12750(d)

       Pub. L. 102–550, § 210(c), struck out former subsec. (d) which read as follows: “If a jurisdiction demonstrates to the satisfaction of the Secretary that a reduction of the matching requirement specified in subsection (a) of this section is necessary to permit the jurisdiction to carry out the purposes of this subchapter, the Secretary may reduce the matching requirement during a period not to exceed 3 years after the jurisdiction is first designated as a participating jurisdiction. Such reduction shall be not more than 75 percent in the first year, not more than 50 percent in the second year, and not more than 25 percent in the third year.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–550, § 210(c), added subsec. (d) and struck out former subsec. (d) which read as follows: “If a jurisdiction demonstrates to the satisfaction of the Secretary that a reduction of the matching requirement specified in subsection (a) of this section is necessary to permit the jurisdiction to carry out the purposes of this subchapter, the Secretary may reduce the matching requirement during a period not to exceed 3 years after the jurisdiction is first designated as a participating jurisdiction. Such reduction shall be not more than 75 percent in the first year, not more than 50 percent in the second year, and not more than 25 percent in the third year.”

    Enacted provision · exact public law section
    (c) Reduction of Requirement.— Section 220 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12750) is amended by striking subsection (d) and inserting: “(d) Reduction of Requirement.— “(1) In general.— The Secretary shall reduce the matching requirement under subsection (a) with respect to any funds drawn from a jurisdiction’s HOME Investment Trust Fund Account during a fiscal year by— “(A) 50 percent for a jurisdiction that certifies that it is in fiscal distress; and “(B) 100 percent for a jurisdiction that certifies that it is in severe fiscal distress. “(2) Definitions.— For purposes of this section— “(A) ‘fiscal distress’ means a jurisdiction other than a State that satisfies 1 of the distress criteria set forth in paragraph (3); and “(B) ‘severe fiscal distress’ means a jurisdiction other than a State that satisfies both of the distress criteria set forth in paragraph (3). “(3) Distress criteria.— For purposes of a jurisdiction other than a State certifying that it is distressed, the following criteria shall apply: “(A) Poverty rate.— The average poverty rate in the jurisdiction for the calendar year immediately preceding the year in which its fiscal year begins was equal to or greater than 125 percent of the average national poverty rate during such calendar year (as determined according to information of the Bureau of the Census). “(B) Per capita income.— The average per capita income in the jurisdiction for the calendar year immediately i»receding the year in which its fiscal year begins was less than 75 percent of the average national per capita income during such calendar year (as determined according to information of the Bureau of the Census). “(4) States.— In determining the degree to which a jurisdiction that is a State is distressed, the Secretary shall take into consideration the State’s fiscal capacity and expenditure needs as determined by a national organization which compiles the relevant data. “(5) Waiver in disaster areas.— If a participating jurisdiction is located in an area in which a declaration of a disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act is in effect for any part of a fiscal year, the Secretary may reduce the matching requirement for that fiscal year under subsection (a) with respect to any funds drawn from a jurisdiction’s HOME Investment Trust Fund Account during that fiscal year by up to 100 percent.”.

15. 1994

    Multifamily Housing Property Disposition Reform Act of 1994

    Pub. L. 103–233 title II § 204 · 108 Stat. 342

    Amended · 42 U.S.C. § 12750(a)

    Pub. L. 103–233 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “Each participating jurisdiction shall make contributions to housing that qualifies as affordable housing under this subchapter that total, throughout a fiscal year, not less than—

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–233 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “Each participating jurisdiction shall make contributions to housing that qualifies as affordable housing under this subchapter that total, throughout a fiscal year, not less than—

    “(1) 25 percent of the total funds drawn from the jurisdiction’s HOME Investment Trust Fund in that fiscal year with respect to rental assistance, housing rehabilitation and substantial rehabilitation; and “(2) 30 percent of the total funds drawn from the jurisdiction’s HOME Investment Trust Fund in that fiscal year with respect to new construction. Such contributions shall be in addition to any amounts made available under section 12746(3)(A)(ii) of this title.”

    Enacted provision · exact public law section
    SEC. 204. SIMPLIFICATION OF MATCHING REQUIREMENTS. Section 220(a) of the CranstonGonzalez National Affordable Housing Act (42 U.S.C. 12750(a)) is amended to read as follows: “(a) Contribution.— Each participating jurisdiction shall make contributions to housing that qualifies as affordable housing under this title that total, throughout a fiscal year, not less than 25 percent of the funds drawn from the jurisdiction’s HOME Investment Trust Fund in such fiscal year. Such contributions shall be in addition to any amounts made available under section 216(3)(A)(ii)”.

    Effective date note
    Amendment by Pub. L. 103–233 applicable with respect to any amounts made available to carry out this subchapter after Apr. 11, 1994, and any amounts made available to carry out this subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as a note under section 5301 of this title.

16. 2026

    Pub. L. 119–101 § 501(t)(1) · 140 Stat. 915

    1. Struck · 42 U.S.C. § 12750(b)

       Pub. L. 119–101, § 501(t)(1), struck out par. (1) designation and heading before “A contribution”

    2. Redesignated · 42 U.S.C. § 12750(b)

       Pub. L. 119–101, § 501(t)(1), redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, realigned margins

    3. Struck · 42 U.S.C. § 12750(b)

       Pub. L. 119–101, § 501(t)(1), struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “Contributions for administrative expenses may not be recognized for purposes of subsection (a).”

    Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 119–101, § 501(t)(1), struck out par. (1) designation and heading before “A contribution”, redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, realigned margins, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “Contributions for administrative expenses may not be recognized for purposes of subsection (a).”

17. 2026

    Pub. L. 119–101 § 501(v)(10)(A) · 140 Stat. 915

    Substituted · 42 U.S.C. § 12750(c)(3)

    Pub. L. 119–101, § 501(v)(10)(A), substituted “Secretary;” for “Secretary; and”

    Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 119–101, § 501(v)(10)(A), substituted “Secretary;” for “Secretary; and”.

18. 2026

    Pub. L. 119–101 § 501(v)(10)(B) · 140 Stat. 915

    Substituted · 42 U.S.C. § 12750(c)(4)

    Pub. L. 119–101, § 501(v)(10)(B), substituted “under this subchapter;” for “under this subchapter.”

    Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 119–101, § 501(v)(10)(B), substituted “under this subchapter;” for “under this subchapter.”

19. 2026

    Pub. L. 119–101 § 501(v)(10)(C) · 140 Stat. 915

    Redesignated · 42 U.S.C. § 12750(c)(5)(8)

    Pub. L. 119–101, § 501(v)(10)(C), redesignated pars. (6) to (8) as (5) to (7), respectively

    Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(5) to (8). Pub. L. 119–101, § 501(v)(10)(C), redesignated pars. (6) to (8) as (5) to (7), respectively.

18 of 24 references resolved to an enrolled provision · 6 unresolved