
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12744]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 130--NATIONAL AFFORDABLE HOUSING
 
             SUBCHAPTER II--INVESTMENT IN AFFORDABLE HOUSING
 
                  Part A--HOME Investment Partnerships
 
Sec. 12744. Income targeting

    Each participating jurisdiction shall invest funds made available 
under this part within each fiscal year so that--
        (1) with respect to rental assistance and rental units--
            (A) not less than 90 percent of (i) the families receiving 
        such rental assistance are families whose incomes do not exceed 
        60 percent of the median family income for the area, as 
        determined by the Secretary with adjustments for smaller and 
        larger families, (except that the Secretary may establish income 
        ceilings higher or lower than 60 percent of the median for the 
        area on the basis of the Secretary's findings that such 
        variations are necessary because of prevailing levels of 
        construction cost or fair market rent, or unusually high or low 
        family income) at the time of occupancy or at the time funds are 
        invested, whichever is later, or (ii) the dwelling units 
        assisted with such funds are occupied by families having such 
        incomes; and
            (B) the remainder of (i) the families receiving such rental 
        assistance are households that qualify as low-income families 
        (other than families described in subparagraph (A)) at the time 
        of occupancy or at the time funds are invested, whichever is 
        later, or (ii) the dwelling units assisted with such funds are 
        occupied by such households;

        (2) with respect to homeownership assistance, 100 percent of 
    such funds are invested with respect to dwelling units that are 
    occupied by households that qualify as low-income families; and
        (3) all such funds are invested with respect to housing that 
    qualifies as affordable housing under section 12745 of this title.

(Pub. L. 101-625, title II, Sec. 214, Nov. 28, 1990, 104 Stat. 4101; 
Pub. L. 103-233, title II, Sec. 202, Apr. 11, 1994, 108 Stat. 364; Pub. 
L. 105-276, title V, Sec. 599B(a), Oct. 21, 1998, 112 Stat. 2660.)


                               Amendments

    1998--Par. (2). Pub. L. 105-276 struck out ``at the time of 
occupancy or at the time funds are invested, whichever is later'' before 
``; and''.
    1994--Par. (1)(A). Pub. L. 103-233, Sec. 202(1), substituted ``(i) 
the families receiving such rental assistance are'' for ``such funds are 
invested with respect to dwelling units that are occupied by'', ``, or'' 
for ``, and'' before cl. (ii), and added cl. (ii).
    Par. (1)(B). Pub. L. 103-233, Sec. 202(2), substituted ``(i) the 
families receiving such rental assistance are'' for ``such funds are 
invested with respect to dwelling units that are occupied by'' and added 
cl. (ii).


                    Effective Date of 1998 Amendment

    Pub. L. 105-276, title V, Sec. 599B(c), Oct. 21, 1998, 112 Stat. 
2660, provided that: ``The amendments made by this section [amending 
this section and section 12745 of this title] are made on, and shall 
apply beginning upon, the date of the enactment of this Act [Oct. 21, 
1998].''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 12747, 12802 of this title.
