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: 42USC12773]
TITLE
42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 130--NATIONAL AFFORDABLE HOUSING
SUBCHAPTER II--INVESTMENT IN AFFORDABLE HOUSING
Part B--Community Housing Partnership
Sec. 233. Housing education and organizational support
- In general
The
Secretary is authorized to provide education and organizational
support assistance, in conjunction with other assistance made
available under this part--
- to facilitate the education of low-income homeowners and
tenants;
- to promote the ability of community housing development
organizations, including community land trusts, to maintain,
rehabilitate and construct housing for low-income and moderate-income
families in conformance with the requirements of this subchapter;
and
- to achieve the purposes under paragraphs (1) and (2) by
helping women who reside in low- and moderate-income neighborhoods
rehabilitate and construct housing in the neighborhoods.
- Eligible
activities
Assistance
under this section may be used only for the following eligible
activities:
- Organizational
support
Organizational
support assistance may be made available to community housing
development organizations to cover operational expenses and
to cover expenses for training and technical, legal, engineering
and other assistance to the board of directors, staff, and
members of the community housing development organization.
- Housing
education
Housing
education assistance may be made available to community
housing development organizations to cover expenses for
providing or administering programs for educating, counseling,
or organizing homeowners and tenants who are eligible to
receive assistance under other provisions of this subchapter.
- Program-wide
support of nonprofit development and management
Technical
assistance, training, and continuing support may be made
available to eligible community housing development organizations
for managing and conserving properties developed under this
subchapter.
- Benevolent
loan funds
Technical
assistance may be made available to increase the investment
of private capital in housing for very low-income families,
particularly by encouraging the establishment of benevolent
loan funds through which private financial institutions
will accept deposits at below-market interest rates and
make those funds available at favorable rates to developers
of low-income housing and to low-income homebuyers.
- Community
development banks and credit unions
Technical
assistance may be made available to establish privately
owned, local community development banks and credit unions
to finance affordable housing.
- Community
land trusts
Organizational
support, technical assistance, education, training, and
continuing support under this subsection may be made available
to community land trusts (as such term is defined in subsection
(f) of this section) and to community groups for the establishment
of community land trusts.
- Facilitating
women in homebuilding professions
Technical
assistance may be made available to businesses, unions,
and organizations involved in construction and rehabilitation
of housing in low- and moderate-income areas to assist women
residing in the area to obtain jobs involving such activities,
which may include facilitating access by such women to,
and providing, apprenticeship and other training programs
regarding nontraditional skills, recruiting women to participate
in such programs, providing continuing support for women
at job sites, counseling and educating businesses regarding
suitable work environments for women, providing information
to such women regarding opportunities for establishing small
housing construction and rehabilitation businesses, and
providing materials and tools for training such women (in
an amount not exceeding 10 percent of any assistance provided
under this paragraph). The Secretary shall give priority
under this paragraph to providing technical assistance for
organizations rehabilitating single family or multifamily
housing owned or controlled by the Secretary pursuant to
title II of the National Housing Act [12 U.S.C. 1707 et
seq.] and which have women members in occupations in which
women constitute 25 percent or less of the total number
of workers in the occupation (in this section referred to
as "nontraditional occupations'').
- Delivery
of assistance
The
Secretary shall provide this assistance only through contract--
- with a nonprofit intermediary organization that, in the
determination of the Secretary--
- customarily provides, in more than one community,
services related to the provision of decent housing
that is affordable to low-income and moderate-income
persons or the revitalization of deteriorating neighborhoods;
- has demonstrated experience in providing a range of
assistance (such as financing, technical assistance,
construction and property management assistance, capacity
building and training) to community housing development
organizations or similar organizations that engage in
community revitalization;
- has demonstrated the ability to provide technical
assistance and training for community-based developers
of affordable housing;
- has described the uses to which such assistance will
be put and the intended beneficiaries of the assistance;
and
- in the case of activities under subsection (b)(7)
of this section, is a community-based organization (as
such term is defined in section 1503 of title 29) or
public housing agency, which has demonstrated experience
in preparing women for apprenticeship training in construction
or administering programs for training women for construction
or other nontraditional occupations (and such organizations
may use assistance for activities under such subsection
to employ women in housing construction and rehabilitation
activities to the extent that the organization has the
capacity to conduct such activities); or
- with
another organization, if a participating jurisdiction demonstrates
that the organization is qualified to carry out eligible
activities and that the jurisdiction would not be served
in a timely manner by intermediaries specified under paragraph
(1).
Contracts
under paragraph (2) shall be for activities specified in
an application from the participating jurisdiction, which
application shall include a certification that the activities
are necessary to the effective implementation of the participating
jurisdiction's housing strategy.
- Limitations
Contracts
under this section with any one contractor for a fiscal year
may not--
- exceed 20 percent of the amount appropriated for this
section for such fiscal year; or
- provide more than 20 percent of the operating budget (which
shall not include funds that are passed through to community
housing development organizations) of the contracting organization
for any one year.
- Single-State
contractors
Not
less than 40 percent of the funds made available for this section
in an appropriations Act in any fiscal year shall be made available
for eligible contractors that have worked primarily in one State.
The Secretary shall provide assistance under this section, to
the extent applications are submitted and approved, to contractors
in each of the geographic regions having a regional office of
the Department of Housing and Urban Development.
- "Community
land trust'' defined
For
purposes of this section, the term "community land trust''
means a community housing development organization (except that
the requirements under subparagraphs (C) and (D) of section
12704(6) of this title shall not apply for purposes of this
subsection)--
- that is not sponsored by a for-profit organization;
- that is established to carry out the activities under
paragraph (3);
- that--
- acquires parcels of land, held in perpetuity, primarily
for conveyance under long-term ground leases;
- transfers ownership of any structural improvements
located on such leased parcels to the lessees; and
- retains a preemptive option to purchase any such structural
improvement at a price determined by formula that is
designed to ensure that the improvement remains affordable
to low- and moderate-income families in perpetuity;
- whose
corporate membership that is open to any adult resident
of a particular geographic area specified in the bylaws
of the organization; and
- whose
board of directors--
- includes a majority of members who are elected by
the corporate membership; and
- is composed of equal numbers of (i) lessees pursuant
to paragraph (3)(B), (ii) corporate members who are
not lessees, and (iii) any other category of persons
described in the bylaws of the organization.
(Pub.
L. 101-625, title II, Sec. 233, Nov. 28, 1990, 104 Stat. 4116; Pub.
L. 102-550, title II, Sec. 213, Oct. 28, 1992, 106 Stat. 3757.)
References in Text
The National Housing Act, referred to in subsec. (b)(7), is act
June 27, 1934, ch. 847, 48 Stat. 1246, as amended. Title II of the
Act is classified principally to subchapter II (Sec. 1707 et seq.)
of chapter 13 of Title 12, Banks and Banking. For complete classification
of this Act to the Code, see section 1701 of Title 12 and Tables.
Amendments
1992--Subsec. (a)(2). Pub. L. 102-550, Sec. 213(a)(1), inserted
", including community land trusts,'' after "organizations''.
Subsec. (a)(3). Pub. L. 102-550, Sec. 213(b)(1), added par. (3).
Subsec. (b)(6). Pub. L. 102-550, Sec. 213(a)(2), added par. (6).
Subsec. (b)(7). Pub. L. 102-550, Sec. 213(b)(2), added par. (7).
Subsec. (c)(1)(E). Pub. L. 102-550, Sec. 213(b)(3), added subpar.
(E).
Subsec. (e). Pub. L. 102-550, Sec. 213(b)(4), inserted at end "The
Secretary shall provide assistance under this section, to the extent
applications are submitted and approved, to contractors in each
of the geographic regions having a regional office of the Department
of Housing and Urban Development.''
Subsec. (f). Pub. L. 102-550, Sec. 213(a)(3), added subsec. (f).
Effective Date of 1992 Amendment
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.
Section Referred to in Other Sections
This section is referred to in sections 12724, 12771 of this title.
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