Collapse to view only § 4146. Definitions
- § 4141. Authority
- § 4142. Purposes
- § 4143. Grants for building resident capacity and funding predevelopment costs
- § 4144. Grants for other purposes
- § 4145. Delivery of assistance through intermediaries
- § 4146. Definitions
- § 4147. Funding
§ 4141. Authority
The Secretary of Housing and Urban Development may provide technical assistance and capacity building to further the preservation program established under this title.1
1 See References in Text note below.
(Pub. L. 100–242, title II, § 251, as added Pub. L. 102–550, title III, § 312, Oct. 28, 1992, 106 Stat. 3766.)
§ 4142. Purposes
The purposes of this subchapter are—
(1) to promote the ability of residents of eligible low-income housing to meaningfully participate in the preservation process established by this title 1
1 See References in Text note below.
and affect decisions about the future of their housing;(2) to promote the ability of community-based nonprofit housing developers and resident councils to acquire, rehabilitate, and competently own and manage eligible housing as rental or cooperative housing for low- and moderate-income people; and
(3) to assist the Secretary in discharging the obligation under section 4110 of this title to notify potential qualified purchasers of the availability of properties for sale and to otherwise facilitate the coordination and oversight of the preservation program established under this title.1
(Pub. L. 100–242, title II, § 252, as added Pub. L. 102–550, title III, § 312, Oct. 28, 1992, 106 Stat. 3766.)
§ 4143. Grants for building resident capacity and funding predevelopment costs
(a) In general
(b) Allocation
(c) Limitation on grant amounts
(d) Resident capacity grants
(1) Use
(2) Eligible housing
(e) Predevelopment grants
(1) Use
(2) Eligible housing
(3) Phase-in of grant payments
(f) Grant applications
(g) Appeal
(Pub. L. 100–242, title II, § 253, as added Pub. L. 102–550, title III, § 312, Oct. 28, 1992, 106 Stat. 3766.)
§ 4144. Grants for other purposes
The Secretary may provide grants under this subchapter—
(1) to resident-controlled or community-based nonprofit organizations with experience in resident education and organizing for the purpose of conducting community, city or county wide outreach and training programs to identify and organize residents of eligible low-income housing; and
(2) to State and local government agencies and nonprofit intermediaries for the purpose of carrying out such activities as the Secretary deems appropriate to further the preservation program established under this title.1
1 See References in Text note below.
(Pub. L. 100–242, title II, § 254, as added Pub. L. 102–550, title III, § 312, Oct. 28, 1992, 106 Stat. 3767.)
§ 4145. Delivery of assistance through intermediaries
(a) In general
(b) Selection of eligible intermediaries
(1) In general
(2) Priority
(3) Criteria
The criteria developed under this subsection shall—
(A) not assign any preference or priority to applications from eligible intermediaries based on their previous participation in administering or receiving Federal grants or loans (but may exclude applicants who have failed to perform under prior contracts of a similar nature);
(B) require an applicant to prepare a proposal that demonstrates adequate staffing, qualifications, prior experience, and a plan for participation; and
(C) permit an applicant to serve as the administrator of assistance made available under section 4143(d) or (e) of this title, based on the applicant’s suitability and interest.
(4) Geographic coverage
(5) National nonprofit intermediaries
(6) Preference
(c) Conflicts of interest
Eligible intermediaries selected under subsection (b) to disburse assistance under section 4143 of this title shall certify that they will serve only as delegated program administrators, charged with the responsibility for reviewing and approving grant applications on behalf of the Secretary. Selected intermediaries shall—
(1) establish appropriate procedures for grant administration and fiscal management, pursuant to standards established by the Secretary; and
(2) receive a reasonable administrative fee, except that they may not provide other services to grant recipients with respect to projects that are the subject of the grant application and may not receive payment, directly or indirectly, from the proceeds of grants they have approved.
(d) “Eligible intermediary” defined
For purposes of this section, the term “eligible intermediary” means a State, regional, or national organization (including a quasi-public organization) or a State or local housing agency that—
(1) has as a central purpose the preservation of existing affordable housing and the prevention of displacement;
(2) does not receive direct Federal appropriations for operating support;
(3) in the case of a national nonprofit organization, has been in existence for at least 5 years prior to the date of application and has been classified by the Internal Revenue Service as an exempt organization under section 501(c)(3) of title 26;
(4) in the case of a regional or State nonprofit organization, has been in existence for at least 3 years prior to the date of application and has been classified by the Internal Revenue Service as an exempt organization under section 501(c)(3) of title 26 or is otherwise a tax-exempt entity;
(5) has a record of service to low-income individuals or community-based nonprofit housing developers in multiple communities and, with respect to intermediaries administering assistance under section 4143 of this title, has experience with the allocation or administration of grant or loan funds; and
(6) meets standards of fiscal responsibility established by the Secretary.
(Pub. L. 100–242, title II, § 255, as added Pub. L. 102–550, title III, § 312, Oct. 28, 1992, 106 Stat. 3767.)
§ 4146. DefinitionsFor purposes of this subchapter—
(1) the term “community-based nonprofit housing developer” means a nonprofit community development corporation that—
(A) has been classified by the Internal Revenue Service as an exempt organization under section 501(c)(3) of title 26;
(B) has been in existence for at least 2 years prior to the date of the grant application;
(C) has a record of service to low- and moderate-income people in the community in which the project is located;
(D) is organized at the neighborhood, city, county or multi-county level; and
(E) in the case of a corporation acquiring eligible housing under subchapter I of this chapter, agrees to form a purchaser entity that conforms to the definition of a community-based nonprofit organization under such subchapter and agrees to use its best efforts to secure majority tenant consent to the acquisition of the project for which grant assistance is requested; and
(2) the terms “eligible low-income housing”, “nonprofit organization”, “owner”, and “resident council” have the meanings given such terms in section 4119 of this title.
(Pub. L. 100–242, title II, § 256, as added Pub. L. 102–550, title III, § 312, Oct. 28, 1992, 106 Stat. 3769.)
§ 4147. Funding
The Secretary shall use not more than $25,000,000 of the amounts made available under section 4124(a) of this title for fiscal year 1993, and not more than $25,000,000 of the amounts made available under section 4124(a) of this title for fiscal year 1994, to carry out this subchapter. Of any amounts made available to carry out this subchapter in any appropriation Act, 90 percent shall be set aside for use in accordance with section 4143 of this title and 10 percent shall be set aside for use in accordance with subsection 1
1 So in original. Probably should be “section”.
4144 of this title.(Pub. L. 100–242, title II, § 257, as added Pub. L. 102–550, title III, § 312, Oct. 28, 1992, 106 Stat. 3769.)