§ 12771. Set-aside for community housing development organizations

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 § 231 · 104 Stat. 4079

   Enacted · 42 U.S.C. § 12771

   Pub. L. 101–625, title II, § 231, Nov. 28, 1990, 104 Stat. 4114

   Source evidence

   Code source credit
   Pub. L. 101–625, title II, § 231, Nov. 28, 1990, 104 Stat. 4114

   Enacted provision · exact public law section
   SEC. 231. SET-ASIDE FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS. (a) In General.— For a period of 18 months after funds under subtitle 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 jurisdiction’s housing strategy and to encourage such community housing development organizations to do so. 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 18 months, then the Secretary shall deduct such funds from the line of credit in the participating jurisdiction’s 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 233, 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 217(c).

2. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 title II § 212(a) · 106 Stat. 3672

   1. Substituted · 42 U.S.C. § 12771(a)

      Pub. L. 102–550 substituted “24” for “18” in first sentence

   2. Inserted · 42 U.S.C. § 12771(a)

      Pub. L. 102–550 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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–550 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.”

   Enacted provision · exact public law section
   (a) Extension of Period.— Section 231 of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 12771) is amended by striking “18 months” each place it appears in sub-sections (a) and (b) and inserting “24 months”.

   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 § 212(a) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12771(b)

   Pub. L. 102–550, § 212(a), substituted “24” for “18”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–550, § 212(a), substituted “24” for “18”.

   Enacted provision · exact public law section
   (a) Extension of Period.— Section 231 of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 12771) is amended by striking “18 months” each place it appears in sub-sections (a) and (b) and inserting “24 months”.

   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. 2026

   Pub. L. 119–101 § 501(s) · 140 Stat. 911

   Substituted · 42 U.S.C. § 12771(a)

   Pub. L. 119–101, § 501(s), substituted “when a community housing development organization materially participates in the ownership or development of that housing, as determined by the Secretary” for “to be developed, sponsored, or owned by community housing development organizations”

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

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 119–101, § 501(s), substituted “when a community housing development organization materially participates in the ownership or development of that housing, as determined by the Secretary” for “to be developed, sponsored, or owned by community housing development organizations”.

5. 2026

   Pub. L. 119–101 § 501(j) · 140 Stat. 911

   Amended · 42 U.S.C. § 12771(b)

   Pub. L. 119–101, § 501(j), amended subsec. (b) generally. Prior to amendment, text read as follows: “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 jurisdiction’s 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.”

   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(j), amended subsec. (b) generally. Prior to amendment, text read as follows: “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 jurisdiction’s 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.”

4 of 6 references resolved to an enrolled provision · 2 unresolved