
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: 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. 12773. Housing education and organizational support


(a) In general

    The Secretary is authorized to provide education and organizational 
support assistance, in conjunction with other assistance made available 
under this part--
        (1) to facilitate the education of low-income homeowners and 
    tenants;
        (2) 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
        (3) 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.

(b) Eligible activities

    Assistance under this section may be used only for the following 
eligible activities:

                     (1) 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.

                        (2) 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.

       (3) 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.

                      (4) 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.

          (5) 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.

                      (6) 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.

         (7) 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'').

(c) Delivery of assistance

    The Secretary shall provide this assistance only through contract--
        (1) with a nonprofit intermediary organization that, in the 
    determination of the Secretary--
            (A) 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;
            (B) 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;
            (C) has demonstrated the ability to provide technical 
        assistance and training for community-based developers of 
        affordable housing;
            (D) has described the uses to which such assistance will be 
        put and the intended beneficiaries of the assistance; and
            (E) 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

        (2) 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.

(d) Limitations

    Contracts under this section with any one contractor for a fiscal 
year may not--
        (1) exceed 20 percent of the amount appropriated for this 
    section for such fiscal year; or
        (2) 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.

(e) 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.

(f) ``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)--
        (1) that is not sponsored by a for-profit organization;
        (2) that is established to carry out the activities under 
    paragraph (3);
        (3) that--
            (A) acquires parcels of land, held in perpetuity, primarily 
        for conveyance under long-term ground leases;
            (B) transfers ownership of any structural improvements 
        located on such leased parcels to the lessees; and
            (C) 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;

        (4) whose corporate membership that is open to any adult 
    resident of a particular geographic area specified in the bylaws of 
    the organization; and
        (5) whose board of directors--
            (A) includes a majority of members who are elected by the 
        corporate membership; and
            (B) 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.
