
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: 42USC12872]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 130--NATIONAL AFFORDABLE HOUSING
 
 SUBCHAPTER IV--HOPE FOR HOMEOWNERSHIP OF MULTIFAMILY AND SINGLE FAMILY 
                                  HOMES
 
           Part A--HOPE for Homeownership of Multifamily Units
 
Sec. 12872. Planning grants


(a) Grants

    The Secretary is authorized to make planning grants to applicants 
for the purpose of developing homeownership programs under this part. 
The amount of a planning grant under this section may not exceed 
$200,000, except that the Secretary may for good cause approve a grant 
in a higher amount.

(b) Eligible activities

    Planning grants may be used for activities to develop homeownership 
programs (which may include programs for cooperative ownership), 
including--
        (1) development of resident management corporations and resident 
    councils;
        (2) training and technical assistance of applicants related to 
    the development of a specific homeownership program;
        (3) studies of the feasibility of a homeownership program;
        (4) inspection for lead-based paint hazards, as required by 
    section 4822(a) of this title;
        (5) preliminary architectural and engineering work;
        (6) tenant and homebuyer counseling and training;
        (7) planning for economic development, job training, and self-
    sufficiency activities that promote economic self-sufficiency for 
    homebuyers and homeowners under the homeownership program;
        (8) development of security plans; and
        (9) preparation of an application for an implementation grant 
    under this part.

(c) Application

                       (1) Form and procedures

        An application for a planning grant shall be submitted by an 
    applicant in such form and in accordance with such procedures as the 
    Secretary shall establish.

                      (2) Minimum requirements

        The Secretary shall require that an application contain at a 
    minimum--
            (A) a request for a planning grant, specifying the 
        activities proposed to be carried out, the schedule for 
        completing the activities, the personnel necessary to complete 
        the activities, and the amount of the grant requested;
            (B) a description of the applicant and a statement of its 
        qualifications;
            (C) identification and description of the eligible property 
        involved, and a description of the composition of the tenants, 
        including family size and income;
            (D) a certification by the public official responsible for 
        submitting the comprehensive housing affordability strategy 
        under section 12705 of this title that the proposed activities 
        are consistent with the approved housing strategy of the State 
        or unit of general local government within which the project is 
        located (or, during the first 12 months after November 28, 1990, 
        that the application is consistent with such other existing 
        State or local housing plan or strategy that the Secretary shall 
        determine to be appropriate); and
            (E) a certification that the applicant will comply with the 
        requirements of the Fair Housing Act [42 U.S.C. 3601 et seq.], 
        title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et 
        seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 
        794], and the Age Discrimination Act of 1975 [42 U.S.C. 6101 et 
        seq.], and will affirmatively further fair housing.

(d) Selection criteria

    The Secretary shall, by regulation, establish selection criteria for 
a national competition for assistance under this section, which shall 
include--
        (1) the qualifications or potential capabilities of the 
    applicant;
        (2) the extent of tenant interest in the development of a 
    homeownership program for the property;
        (3) the potential of the applicant for developing a successful 
    and affordable homeownership program and the suitability of the 
    property for homeownership;
        (4) national geographic diversity among housing for which 
    applicants are selected to receive assistance; and
        (5) such other factors that the Secretary shall require that (in 
    the determination of the Secretary) are appropriate for purposes of 
    carrying out the program established by this part in an effective 
    and efficient manner.

(Pub. L. 101-625, title IV, Sec. 422, Nov. 28, 1990, 104 Stat. 4162; 
Pub. L. 102-550, title X, Sec. 1012(i)(1), Oct. 28, 1992, 106 Stat. 
3906.)

                       References in Text

    The Fair Housing Act, referred to in subsec. (c)(2)(E), is title 
VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is 
classified principally to subchapter I (Sec. 3601 et seq.) of chapter 45 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 3601 of this title and Tables.
    The Civil Rights Act of 1964, referred to in subsec. (c)(2)(E), is 
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the 
Act is classified generally to subchapter V (Sec. 2000d et seq.) of 
chapter 21 of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 2000a of this title and 
Tables.
    The Age Discrimination Act of 1975, referred to in subsec. 
(c)(2)(E), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, 
as amended, which is classified generally to chapter 76 (Sec. 6101 et 
seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 6101 of this title and 
Tables.


                               Amendments

    1992--Subsec. (b)(4) to (9). Pub. L. 102-550 added par. (4) and 
redesignated former pars. (4) to (8) as (5) to (9), respectively.

                  Section Referred to in Other Sections

    This section is referred to in sections 12873, 12875 of this title.
