From
the U.S. Code Online via GPO Access
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[Laws in effect as of January 6, 1999]
[Document not affected by Public Laws enacted between
January 6, 1999 and October 26, 2000]
[CITE: 42USC12750]
TITLE
42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 130--NATIONAL AFFORDABLE HOUSING
SUBCHAPTER II--INVESTMENT IN AFFORDABLE HOUSING
Part A--HOME Investment Partnerships
Sec. 220. Matching requirements
- Contribution
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 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 12746(3)(A)(ii)
of this title.
- Recognition
- In
general
A
contribution shall be recognized for purposes of subsection
(a) of this section only if it--
- is made with respect to housing that qualifies as
affordable housing under section 12745 of this title;
or
- 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 12745 of this title.
- Administrative
expenses
Contributions
for administrative expenses may not be recognized for purposes
of subsection (a) of this section.
- Form
Such
contributions may be in the form of--
- cash contributions from non-Federal resources, which may
not include funds from a grant made under section 5306(b)
or section 5306(d) of this title;
- 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 subchapter;
- the value of land or other real property as appraised
according to procedures acceptable to the Secretary;
- the value of investment in on-site and off-site infrastructure
directly required for affordable housing assisted under
this subchapter;
- Redesignated (4)
- up to--
- 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
- 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) of this section may be derived
from these sources;
- 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
- such
other contributions to affordable housing as the Secretary
considers appropriate.
- Reduction
of requirement
- In
general
The
Secretary shall reduce the matching requirement under subsection
(a) of this section with respect to any funds drawn from
a jurisdiction's HOME Investment Trust Fund Account during
a fiscal year by--
- 50 percent for a jurisdiction that certifies that
it is in fiscal distress; and
- 100 percent for a jurisdiction that certifies that
it is in severe fiscal distress.
- Definitions
For
purposes of this section--
- "fiscal distress'' means a jurisdiction other
than a State that satisfies 1 of the distress criteria
set forth in paragraph (3); and
- "severe fiscal distress'' means a jurisdiction
other than a State that satisfies both of the distress
criteria set forth in paragraph (3).
- Distress
criteria
For
purposes of a jurisdiction other than a State certifying
that it is distressed, the following criteria shall apply:
- 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).
- Per
capita income
The
average per capita income in the jurisdiction for the
calendar year immediately preceding 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).
- 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.
- 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 [42 U.S.C.
5121 et seq.] is in effect for any part of a fiscal year,
the Secretary may reduce the matching requirement for that
fiscal year under subsection (a) of this section with respect
to any funds drawn from a jurisdiction's HOME Investment
Trust Fund Account during that fiscal year by up to 100
percent.
(Pub.
L. 101-625, title II, Sec. 220, Nov. 28, 1990, 104 Stat. 4111; Pub.
L. 102-550, title II, Secs. 207(c), 210(a)-(c), Oct. 28, 1992, 106
Stat. 3753, 3755; Pub. L. 103-233, title II, Sec. 204, Apr. 11,
1994, 108 Stat. 364.)
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance
Act, referred to in subsec. (d)(5), is Pub. L. 93-288, May 22, 1974,
88 Stat. 143, as amended, which is classified principally to chapter
68 (Sec. 5121 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
5121 of this title and Tables.
Amendments
1994--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.''1992--Subsec. (a).
Pub. L. 102-550, Sec. 210(a)(4), substituted "housing that
qualifies as affordable housing under this subchapter'' for "affordable
housing assisted under this subchapter'' in
introductory provisions.
Subsec.
(a)(1). Pub. L. 102-550, Sec. 210(a)(1), substituted ", housing
rehabilitation and substantial rehabilitation; and'' for "and
housing rehabilitation;''.
Subsec. (a)(2). Pub. L. 102-550, Sec. 210(a)(2), substituted "30''
for "33'' and "new construction.'' for "substantial
rehabilitation; and''.
Subsec.
(a)(3). Pub. L. 102-550, Sec. 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.''
Subsec.
(b)(2). Pub. L. 102-550, Sec. 207(c)(1), substituted "may not
be recognized for purposes of subsection (a) of this section'' for
"shall be recognized only up to an amount equal to 7 percent
of funds provided for investment under this subchapter''.
Subsec.
(c)(2). Pub. L. 102-550, Sec. 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;''.
Subsec.
(c)(3). Pub. L. 102-550, Sec. 210(b)(1), which directed the striking
of "and'' at end of par. (4), was executed by striking "and''
at end of par. (3) to reflect the probable intent of Congress and
the redesignation of par. (4) as (3). See below.
Pub.
L. 102-550, Sec. 207(c)(2)(B), redesignated par. (4) as (3). Former
par. (3) redesignated (2).
Subsec.
(c)(4). Pub. L. 102-550, Sec. 210(b)(2), which directed the substitution
of a semicolon for the period at end of par. (5), was executed by
making the substitution at end of par. (4) to reflect the probable
intent of Congress and the redesignation of par. (5) as (4). See
below.
Pub.
L. 102-550, Sec. 207(c)(2)(B), redesignated par. (5) as (4). Former
par. (4) redesignated (3).
Subsec.
(c)(5). Pub. L. 102-550, Sec. 207(c)(2)(B), redesignated par. (5)
as (4).
Subsec.
(c)(6) to (8). Pub. L. 102-550, Sec. 210(b)(3), added pars. (6)
to (8).
Subsec.
(d). Pub. L. 102-550, Sec. 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.''
Effective
Date of 1994 Amendment
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.
Effective
Date of 1992 Amendment
Section 210(d) of Pub. L. 102-550 provided that: "The amendments
made by this section [amending this section] shall apply with respect
to fiscal year 1993 and each fiscal year thereafter.''Amendment
by section 207(c) of 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.
Section Referred to in Other Sections
This section is referred to in sections 1437aaa-2, 12747 of this
title.
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