1. U.S. Code
  2. title 42
  3. chapter 130
  4. subchapter I
  5. § 12705a

Collapse to view only § 12705a. Purposes of Removal of Regulatory Barriers to Affordable Housing Act

§ 12701. National housing goal

The Congress affirms the national goal that every American family be able to afford a decent home in a suitable environment.

(Pub. L. 101–625, title I, § 101, Nov. 28, 1990, 104 Stat. 4085.)

CITE AS: 42 USC 12701

§ 12702. Objective of national housing policy
The objective of national housing policy shall be to reaffirm the long-established national commitment to decent, safe, and sanitary housing for every American by strengthening a nationwide partnership of public and private institutions able—
(1) to ensure that every resident of the United States has access to decent shelter or assistance in avoiding homelessness;
(2) to increase the Nation’s supply of decent housing that is affordable to low-income and moderate-income families and accessible to job opportunities;
(3) to improve housing opportunities for all residents of the United States, particularly members of disadvantaged minorities, on a nondiscriminatory basis;
(4) to help make neighborhoods safe and livable;
(5) to expand opportunities for homeownership;
(6) to provide every American community with a reliable, readily available supply of mortgage finance at the lowest possible interest rates; and
(7) to encourage tenant empowerment and reduce generational poverty in federally assisted and public housing by improving the means by which self-sufficiency may be achieved.
(Pub. L. 101–625, title I, § 102, Nov. 28, 1990, 104 Stat. 4085.)

CITE AS: 42 USC 12702

§ 12703. Purposes of Cranston-Gonzalez National Affordable Housing Act
The purposes of this Act are—
(1) to help families not owning a home to save for a down payment for the purchase of a home;
(2) to retain wherever feasible as housing affordable to low-income families those dwelling units produced for such purpose with Federal assistance;
(3) to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and nonprofit organizations, in the production and operation of housing affordable to low-income and moderate-income families;
(4) to expand and improve Federal rental assistance for very low-income families; and
(5) to increase the supply of supportive housing, which combines structural features and services needed to enable persons with special needs to live with dignity and independence.
(Pub. L. 101–625, title I, § 103, Nov. 28, 1990, 104 Stat. 4085.)

CITE AS: 42 USC 12703

§ 12704. DefinitionsAs used in this subchapter and in subchapter II:
(1) The term “unit of general local government” means a city, town, township, county, parish, village, or other general purpose political subdivision of a State; the Federated States of Micronesia and Palau, the Marshall Islands, or a general purpose political subdivision thereof; a consortium of such political subdivisions recognized by the Secretary in accordance with section 12746(2) of this title; and any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this Act.
(2) The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act.
(3) The term “jurisdiction” means a State or unit of general local government.
(4) The term “participating jurisdiction” means any State or unit of general local government that has been so designated in accordance with section 12746 of this title.
(5) The term “nonprofit organization” means any private, nonprofit organization (including a State or locally chartered, nonprofit organization) that—
(A) is organized under State or local laws,
(B) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual,
(C) complies with standards of financial accountability acceptable to the Secretary, and
(D) has among its purposes significant activities related to the provision of decent housing that is affordable to low-income and moderate-income persons.
(6) The term “community housing development organization” means a nonprofit organization as defined in paragraph (5), that—
(A) has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons;
(B) maintains, through significant representation on the organization’s governing board and otherwise, accountability to low-income community residents and, to the extent practicable, low-income beneficiaries with regard to decisions on the design, siting, development, and management of affordable housing;
(C) has a demonstrated capacity for carrying out activities assisted under this Act; and
(D) has a history of serving the local community or communities within which housing to be assisted under this Act is to be located.
In the case of an organization serving more than one county, the Secretary may not require that such organization, to be considered a community housing development organization for purposes of this Act, include as members on the organization’s governing board low-income persons residing in each county served.
(7) The term “government-sponsored mortgage finance corporations” means the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Agricultural Mortgage Corporation.
(8) The term “housing” includes manufactured housing and manufactured housing lots and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings.
(9) The term “very low-income families” means low-income families whose incomes do not exceed 50 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 50 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 costs or fair market rents, or unusually high or low family incomes.
(10) The term “low-income families” means families whose incomes do not exceed 80 percent of the median 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 80 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 costs or fair market rents, or unusually high or low family incomes.
(11) The term “families” has the same meaning given that term by section 1437a of this title.
(12) The term “security” has the same meaning as in section 77b of title 15.
(13) The term “displaced homemaker” means an individual who—
(A) is an adult;
(B) has not worked full-time full-year in the labor force for a number of years but has, during such years, worked primarily without remuneration to care for the home and family; and
(C) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
(14) The term “first-time homebuyer” means an individual and his or her spouse who have not owned a home during the 3-year period prior to purchase of a home with assistance under subchapter II, except that—
(A) any individual who is a displaced homemaker may not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse;
(B) any individual who is a single parent may not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual, while married, owned a home with his or her spouse or resided in a home owned by the spouse; and
(C) an individual shall not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual owns or owned, as a principal residence during such 3-year period, a dwelling unit whose structure is—
(i) not permanently affixed to a permanent foundation in accordance with local or other applicable regulations, or
(ii) not in compliance with State, local, or model building codes, or other applicable codes, and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure.
(15) The term “single parent” means an individual who—
(A) is unmarried or legally separated from a spouse; and
(B)
(i) has 1 or more minor children for whom the individual has custody or joint custody; or
(ii) is pregnant.
(16) The term “Secretary” means the Secretary of Housing and Urban Development, unless otherwise specified in this Act.
(17) The term “substantial rehabilitation” means the rehabilitation of residential property at an average cost in excess of $25,000 per dwelling unit.
(18) The term “public housing agency” has the meaning given the term in section 1437a(b) of this title.
(19) The term “metropolitan city” has the meaning given the term in section 5302(a)(4) of this title.
(20) The term “urban county” has the meaning given the term in section 5302(a)(6) of this title.
(21) The term “certification” means a written assertion, based on supporting evidence, which shall be kept available for inspection by the Secretary, the Inspector General and the public, which assertion shall be deemed to be accurate for purposes of this Act, unless the Secretary determines otherwise after inspecting the evidence and providing due notice and opportunity for comment.
(23)1
1 So in original. Probably should be “(22)”.
The term “to demonstrate to the Secretary” means to submit to the Secretary a written assertion together with supporting evidence that, in the determination of the Secretary, supports the accuracy of the assertion.
(24)2
2 So in original. Two pars. (24) have been enacted.
The term “insular area” means any of the following: Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.
(24)2 The term “energy efficient mortgage” means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.
(25) The term “energy efficient mortgage” means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.
(Pub. L. 101–625, title I, § 104, Nov. 28, 1990, 104 Stat. 4085; Pub. L. 102–229, title I, Dec. 12, 1991, 105 Stat. 1709; Pub. L. 101–230, § 2, Dec. 12, 1991, 105 Stat. 1720; Pub. L. 102–486, title I, § 105(a), Oct. 24, 1992, 106 Stat. 2792; Pub. L. 102–550, title II, §§ 211(a)(1), 217(a), 218, 219, title IX, § 914(a), Oct. 28, 1992, 106 Stat. 3756, 3760, 3761, 3877; Pub. L. 103–233, title II, § 201, Apr. 11, 1994, 108 Stat. 363.)

CITE AS: 42 USC 12704

§ 12705. State and local housing strategies
(a) In general
The Secretary shall provide assistance directly to a jurisdiction only if—
(1) the jurisdiction submits to the Secretary a comprehensive housing affordability strategy (hereafter in this section referred to as the “housing strategy”);
(2) the jurisdiction submits annual updates of the housing strategy; and
(3) the housing strategy, and any annual update of such strategy, is approved by the Secretary.
The Secretary shall establish such dates and manner for the submission and approval of housing strategies under this section that the Secretary determines will facilitate orderly program management by jurisdictions and provide for timely investment or other use of funds made available under subchapter II of this chapter and other programs requiring submission of a housing strategy. If the Secretary finds there is good cause, the Secretary may provide reasonable extensions of any deadlines for submission of a jurisdiction’s housing strategy.
(b) Contents
A housing strategy submitted under this section shall be in a form that the Secretary determines to be appropriate for the assistance the jurisdiction may be provided and shall—
(1) describe the jurisdiction’s estimated housing needs projected for the ensuing 5-year period, and the jurisdiction’s need for assistance for very low-income, low-income, and moderate-income families, specifying such needs for different types of tenure and for different categories of residents, such as very low-income, low-income, and moderate-income families, the elderly, persons with disabilities, single persons, large families, residents of nonmetropolitan areas, families who are participating in an organized program to achieve economic independence and self-sufficiency, persons with acquired immunodeficiency syndrome, victims of domestic violence, dating violence, sexual assault, and stalking and other categories of persons residing in or expected to reside in the jurisdiction that the Secretary determines to be appropriate;
(2) describe the nature and extent of homelessness, including rural homelessness, within the jurisdiction, providing an estimate of the special needs of various categories of persons who are homeless or threatened with homelessness, including tabular representation of such information, and a description of the jurisdiction’s strategy for (A) helping low-income families avoid becoming homeless; (B) addressing the emergency shelter and transitional housing needs of homeless persons (including a brief inventory of facilities and services that meet such needs within that jurisdiction); and (C) helping homeless persons make the transition to permanent housing and independent living;
(3) describe the significant characteristics of the jurisdiction’s housing market, indicating how those characteristics will influence the use of funds made available for rental assistance, production of new units, rehabilitation of old units, or acquisition of existing units;
(4) explain whether the cost of housing or the incentives to develop, maintain, or improve affordable housing in the jurisdiction are affected by public policies, particularly by policies of the jurisdiction, including tax policies affecting land and other property, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on residential investment, and describe the jurisdiction’s strategy to remove or ameliorate negative effects, if any, of such policies, except that, if a State requires a unit of general local government to submit a regulatory barrier assessment that is substantially equivalent to the information required under this paragraph, as determined by the Secretary, the unit of general local government may submit its assessment submitted to the State to the Secretary and shall be considered to have complied with this paragraph;
(5) explain the institutional structure, including private industry, nonprofit organizations, and public institutions, through which the jurisdiction will carry out its housing strategy, assessing the strengths and gaps in that delivery system and describing what the jurisdiction will do to overcome those gaps;
(6) indicate resources from private and non-Federal public sources that are reasonably expected to be made available to carry out the purposes of this Act, explaining how funds made available will leverage those additional resources and identifying, where the jurisdiction deems it appropriate, publicly owned land or property located within the jurisdiction that may be utilized to carry out the purposes of this Act;
(7) set forth the jurisdiction’s plan for investment or other use of housing funds made available under subchapter II of this chapter, the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the Housing and Community Development Act of 1974, and the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11301 et seq.], during the ensuing year or such longer period as the Secretary determines to be appropriate, indicating the general priorities for allocating investment geographically within the jurisdiction and among different activities and housing needs;
(8) describe how the jurisdiction’s plan will address the housing needs identified pursuant to subparagraphs 1
1 So in original. Probably should be “paragraphs”.
(1) and (2), describe the reasons for allocation priorities, and identify any obstacles to addressing underserved needs;
(9) describe the means of cooperation and coordination among the State and any units of general local government in the development, submission, and implementation of their housing strategies;
(10) in the case of a unit of local government, describe the number of public housing units in the jurisdiction, the physical condition of such units, the restoration and revitalization needs of public housing projects within the jurisdiction, the public housing agency’s strategy for improving the management and operation of such public housing, and the public housing agency’s strategy for improving the living environment of low- and very-low-income families residing in public housing;
(11) describe the manner in which the plan of the jurisdiction will help address the needs of public housing;
(12) in the case of a State, describe the strategy to coordinate the Low-Income Tax Credit with development of housing, including public housing, that is affordable to very low-income and low-income families;
(13) describe the jurisdiction’s activities to encourage public housing residents to become more involved in management and participate in homeownership;
(14) describe the standards and procedures according to which the jurisdiction will monitor activities authorized under this Act and ensure long-term compliance with the provisions of this Act;
(15) include a certification that the jurisdiction will affirmatively further fair housing;
(16) include a certification that the jurisdiction has in effect and is following a residential antidisplacement and relocation assistance plan that, in any case of any such displacement in connection with any activity assisted with amounts provided under subchapter II, requires the same actions and provides the same rights as required and provided under a residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 [42 U.S.C. 5304(d)] in the event of displacement in connection with a development project assisted under section 106 or 119 of such Act [42 U.S.C. 5306, 5318];
(17) estimate the number of housing units within the jurisdiction that are occupied by low-income families or very low-income families and that contain lead-based paint hazards, as defined in section 4851b of this title, outline the actions proposed or being taken to evaluate and reduce lead-based paint hazards, and describe how lead-based paint hazard reduction will be integrated into housing policies and programs;
(18) include the number of families to whom the jurisdiction will provide affordable housing as defined in section 12745 of this title using funds made available;
(19) for any housing strategy submitted for fiscal year 1994 or any fiscal year thereafter and taking into consideration factors over which the jurisdiction has control, describe the jurisdiction’s goals, programs, and policies for reducing the number of households with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually), and, in consultation with other appropriate public and private agencies, state how the jurisdiction’s goals, programs, and policies for producing and preserving affordable housing set forth in the housing strategy will be coordinated with other programs and services for which the jurisdiction is responsible and the extent to which they will reduce (or assist in reducing) the number of households with incomes below the poverty line; and
(20) describe the jurisdictions activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health, and service agencies.
The Secretary may provide for the submission of abbreviated housing strategies by jurisdictions that are not otherwise expected to be participating jurisdictions under subchapter II of this chapter. Such an abbreviated housing strategy shall be appropriate to the types and amounts of assistance the jurisdiction is to receive as determined by the Secretary.
(c) Approval
(1) In general
(2) Actions in case of disapproval
(3) Amendments and resubmission
(d) Coordination of State and local housing strategies
(e) Consultation with social service agencies
(1) In general
(2) Lead-based paint hazards
(f) Barrier removal
(g) Treatment of troubled public housing agencies
(1) Effect of troubled status on CHAS
(2) Definition
(Pub. L. 101–625, title I, § 105, Nov. 28, 1990, 104 Stat. 4088; Pub. L. 102–550, title II, § 220, title VI, § 681, title X, § 1014, title XII, § 1206, Oct. 28, 1992, 106 Stat. 3761, 3830, 3908, 3940; Pub. L. 105–276, title V, §§ 568, 583, Oct. 21, 1998, 112 Stat. 2634, 2644; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 109–162, title VI, § 604, Jan. 5, 2006, 119 Stat. 3040.)

CITE AS: 42 USC 12705

§ 12705a. Purposes of Removal of Regulatory Barriers to Affordable Housing Act
The purposes of sections 12705a to 12705d of this title are—
(1) to encourage State and local governments to further identify and remove regulatory barriers to affordable housing (including barriers that are excessive, unnecessary, duplicative, or exclusionary) that significantly increase housing costs and limit the supply of affordable housing; and
(2) to strengthen the connection between Federal housing assistance and State and local efforts to identify and eliminate regulatory barriers.
(Pub. L. 102–550, title XII, § 1202, Oct. 28, 1992, 106 Stat. 3938.)

CITE AS: 42 USC 12705a

§ 12705b. Definition of regulatory barriers to affordable housing

For purposes of sections 12705a to 12705d of this title, the terms “regulatory barriers to affordable housing” and “regulatory barriers” mean any public policies (including policies embodied in statutes, ordinances, regulations, or administrative procedures or processes) required to be identified by a jurisdiction in connection with its comprehensive housing affordability strategy under section 12705(b)(4) of this title. Such terms do not include policies relating to rents imposed on a structure by a jurisdiction or policies that have served to create or preserve, or can be shown to create or preserve, housing for low- and very low-income families, including displacement protections, demolition controls, replacement housing requirements, relocation benefits, housing trust funds, dedicated funding sources, waiver of local property taxes and builder fees, inclusionary zoning, rental zoning overlays, long-term use restrictions, and rights of first refusal.

(Pub. L. 102–550, title XII, § 1203, Oct. 28, 1992, 106 Stat. 3938.)

CITE AS: 42 USC 12705b

§ 12705c. Grants for regulatory barrier removal strategies and implementation
(a) Funding
(b) Grant authority
The Secretary may make grants to States and units of general local government (including consortia of such governments) for the costs of developing and implementing strategies to remove regulatory barriers to affordable housing, including the costs of—
(1) identifying, assessing, and monitoring State and local regulatory barriers;
(2) identifying State and local policies (including laws and regulations) that permit or encourage regulatory barriers;
(3) developing legislation to provide State, local, or regional programs to reduce regulatory barriers and developing a strategy for adoption of such legislation;
(4) developing model State or local standards and ordinances to reduce regulatory barriers and assisting in the adoption and use of the standards and ordinances;
(5) carrying out the simplification and consolidation of administrative procedures and processes constituting regulatory barriers to affordable housing, including the issuance of permits; and
(6) providing technical assistance and information to units of general local government for implementation of legislative and administrative reform programs to remove regulatory barriers to affordable housing.
(c) Repealed. Pub. L. 106–569, title I, § 102(c), Dec. 27, 2000, 114 Stat. 2947
(d) Definitions
(e) Application and selection
(f) Selection of grantees
(g) Coordination with clearinghouse
(h) Reports to Secretary
(Pub. L. 102–550, title XII, § 1204, Oct. 28, 1992, 106 Stat. 3938; Pub. L. 106–569, title I, § 102(a)–(e), Dec. 27, 2000, 114 Stat. 2946, 2947.)

CITE AS: 42 USC 12705c

§ 12705d. Regulatory barriers clearinghouse
(a) EstablishmentThe Secretary of Housing and Urban Development shall establish a clearinghouse to serve as a national repository to receive, collect, process, assemble, and disseminate information regarding—
(1) State and local laws, regulations, and policies affecting the development, maintenance, improvement, availability, or cost of affordable housing (including tax policies affecting land and other property, land use controls, zoning ordinances, building codes, fees and charges, growth limits, and policies that affect the return on investment in residential property), and the prevalence and effects on affordable housing of such laws, regulations, and policies;
(2) State and local activities, strategies, and plans to remove or ameliorate the negative effects, if any, of such laws, regulations, and policies, including particularly innovative or successful activities, strategies, and plans; and
(3) State and local strategies, activities and plans that promote affordable housing and housing desegregation, including particularly innovative or successful strategies, activities, and plans.
(b) FunctionsThe clearinghouse established under subsection (a) shall—
(1) respond to inquiries from State and local governments, other organizations, and individuals requesting information regarding State and local laws, regulations, policies, activities, strategies, and plans described in subsection (a);
(2) provide assistance in identifying, examining, and understanding such laws, regulations, policies, activities, strategies, and plans; and
(3) by making available through a World Wide Web site of the Department, by electronic mail, or otherwise, provide to each housing agency of a unit of general local government that serves an area having a population greater than 100,000, an index of all State and local strategies and plans submitted under subsection (a) to the clearinghouse, which—
(A) shall describe the types of barriers to affordable housing that the strategy or plan was designed to ameliorate or remove; and
(B) shall, not later than 30 days after submission to the clearinghouse of any new strategy or plan, be updated to include the new strategy or plan submitted.
(c) Organization
(d) Timing
(Pub. L. 102–550, title XII, § 1205, Oct. 28, 1992, 106 Stat. 3940; Pub. L. 106–569, title I, § 103, Dec. 27, 2000, 114 Stat. 2947.)

CITE AS: 42 USC 12705d

§ 12706. Certification

The Secretary shall, by regulation or otherwise, as deemed by the Secretary to be appropriate, require any application for housing assistance under subchapter II of this chapter, assistance under the Housing and Community Development Act of 1974, or assistance under the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11301 et seq.], to contain or be accompanied by a certification by an appropriate State or local public official that the proposed housing activities are consistent with the housing strategy of the jurisdiction to be served.

(Pub. L. 101–625, title I, § 106, Nov. 28, 1990, 104 Stat. 4091; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675.)

CITE AS: 42 USC 12706

§ 12707. Citizen participation
(a) In general
Before submitting a housing strategy under this section,1
1 So in original. The words “this section” probably should be “section 12705 of this title”.
a jurisdiction shall—
(1) make available to its citizens, public agencies, and other interested parties information concerning the amount of assistance the jurisdiction expects to receive and the range of investment or other uses of such assistance that the jurisdiction may undertake;
(2) publish a proposed housing strategy in a manner that, in the determination of the Secretary, affords affected citizens, public agencies, and other interested parties a reasonable opportunity to examine its span and to submit comments on the proposed housing strategy;
(3) hold one or more public hearings to obtain the views of citizens, public agencies, and other interested parties on the housing needs of the jurisdiction; and
(4) provide citizens, public agencies, and other interested parties with reasonable access to records regarding any uses of any assistance the jurisdiction may have received during the preceding 5 years.
(b) Notice and comment
(c) Consideration of comments
(d) Regulations
(Pub. L. 101–625, title I, § 107, Nov. 28, 1990, 104 Stat. 4091.)

CITE AS: 42 USC 12707

§ 12708. Compliance
(a) Performance reports
(1) In general
(2) Submission
(3) Failure to report
If a jurisdiction fails to submit a report satisfactory to the Secretary in a timely manner, assistance to the jurisdiction under subchapter II of this chapter or the other programs referred to in section 12706 of this title may be—
(A) suspended until a report satisfactory to the Secretary is submitted; or
(B) withdrawn and reallocated if the Secretary finds, after notice and opportunity for a hearing, that the jurisdiction will not submit a satisfactory report.
(b) Performance review by Secretary
(1) In general
The Secretary shall ensure that activities of each jurisdiction required to submit a housing strategy under section 12705 of this title are reviewed not less frequently than annually. Such review shall include, insofar as practicable, on-site visits by employees of the Department of Housing and Urban Development and shall include an assessment of the jurisdiction’s—
(A) management of funds made available under programs administered by the Secretary;
(B) compliance with its housing strategy;
(C) accuracy in the preparation of performance reports under subsection (a); and
(D) efforts to ensure that housing assisted under programs administered by the Secretary are in compliance with contractual agreements and the requirements of law.
(2) Report by Secretary
(c) Review by courts
(Pub. L. 101–625, title I, § 108, Nov. 28, 1990, 104 Stat. 4092.)

CITE AS: 42 USC 12708

§ 12709. Energy efficiency standards
(a) Establishment
(1) In general
The Secretary of Housing and Urban Development and the Secretary of Agriculture shall, not later than September 30, 2006, jointly establish, by rule, energy efficiency standards for—
(A) new construction of public and assisted housing and single family and multifamily residential housing (other than manufactured homes) subject to mortgages insured under the National Housing Act [12 U.S.C. 1701 et seq.];
(B) new construction of single family housing (other than manufactured homes) subject to mortgages insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.]; and
(C) rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title.
(2) Contents
(b) International Energy Conservation Code
(c) Revisions of the International Energy Conservation Code
(d) Failure to amend the standards
If the Secretary of Housing and Urban Development and the Secretary of Agriculture have not, within 1 year after the requirements of the 2006 IECC or the ASHRAE Standard 90.1–2004 are revised, amended the standards or made a determination under subsection (c), all new construction and rehabilitation of housing specified in subsection (a) shall meet the requirements of the revised code or standard if—
(1) the Secretary of Housing and Urban Development or the Secretary of Agriculture make a determination that the revised codes do not negatively affect the availability or affordability of new construction of assisted housing and single family and multifamily residential housing (other than manufactured homes) subject to mortgages insured under the National Housing Act (12 U.S.C. 1701 et seq.) or insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), respectively; and
(2) the Secretary of Energy has made a determination under section 6833 of this title that the revised code or standard would improve energy efficiency.
(Pub. L. 101–625, title I, § 109, Nov. 28, 1990, 104 Stat. 4093; Pub. L. 102–486, title I, § 101(c)(1), Oct. 24, 1992, 106 Stat. 2786; Pub. L. 109–58, title I, § 153, Aug. 8, 2005, 119 Stat. 649; Pub. L. 110–140, title IV, § 481, Dec. 19, 2007, 121 Stat. 1648.)

CITE AS: 42 USC 12709

§ 12710. Capacity study
(a) In general
(b) Report
(Pub. L. 101–625, title I, § 110, Nov. 28, 1990, 104 Stat. 4093; Pub. L. 102–550, title IV, § 407, Oct. 28, 1992, 106 Stat. 3778.)

CITE AS: 42 USC 12710

§ 12711. Protection of State and local authority

Notwithstanding any other provision of this subchapter or subchapter II, the Secretary shall not establish any criteria for allocating or denying funds made available under programs administered by the Secretary based on the adoption, continuation, or discontinuation by a jurisdiction of any public policy, regulation, or law that is (1) adopted, continued, or discontinued in accordance with the jurisdiction’s duly established authority, and (2) not in violation of any Federal law.

(Pub. L. 101–625, title I, § 111, Nov. 28, 1990, 104 Stat. 4093.)

CITE AS: 42 USC 12711

§ 12712. 5-year energy efficiency plan
(a) Establishment
(b) Initial plan
(c) Updates
(d) Submission to Congress
(Pub. L. 101–625, title IX, § 945, Nov. 28, 1990, 104 Stat. 4416.)

CITE AS: 42 USC 12712

§ 12713. Eligibility under first-time homebuyer programs
(a) Eligibility of displaced homemakers and single parents for Federal assistance for first-time homebuyers
(1) Displaced homemakers
(2) Single parents
(b) Definitions
For purposes of this section:
(1) Displaced homemaker
The term “displaced homemaker” means an individual who—
(A) is an adult;
(B) has not worked full-time, full-year in the labor force for a number of years but has, during such years, worked primarily without remuneration to care for the home and family; and
(C) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
(2) First-time homebuyer
(3) Single parent
The term “single parent” means an individual who—
(A) is unmarried or legally separated from a spouse; and
(B)
(i) has 1 or more minor children for whom the individual has custody or joint custody; or
(ii) is pregnant.
(c) Applicability
(Pub. L. 101–625, title IX, § 956, Nov. 28, 1990, 104 Stat. 4421.)

CITE AS: 42 USC 12713

§ 12714. Repealed. Pub. L. 104–99, title IV, § 404(a), Jan. 26, 1996, 110 Stat. 44

CITE AS: 42 USC 12714