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42 U.S.C. § 12749Repayment of investment

submitted 36 years ago by Pub. L. 101-625 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 300 words · no verdicts yet

in plain englishAI-generated · not legal advice

Repaid HOME investments go back into the jurisdiction's Trust Fund. If the jurisdiction has left the program, that money gets reallocated instead. Jurisdictions must guarantee repayment once housing stops qualifying as affordable.

(a) In general: Any repayment of funds drawn from a jurisdiction's HOME Investment Trust Fund, plus any interest or other return on that investment, goes back into that jurisdiction's Trust Fund — unless the jurisdiction is no longer a participating jurisdiction when the payment is made, in which case the money is reallocated under section 12747(d). (b) Assurance of repayment: Each participating jurisdiction must sign an agreement with the Secretary guaranteeing that funds invested in affordable housing under this part are repaid once the housing stops qualifying as affordable. That repayment goes into the investing jurisdiction's Trust Fund — unless the jurisdiction is no longer participating when it is repaid, in which case it is reallocated under section 12747(d), just as in subsection (a). (c) Availability: The Secretary must take whatever action is needed to make sure repayments deposited into a Trust Fund are immediately available again to the jurisdiction for investment, under the same rules that apply to funds allocated under section 12747. This can include letting a jurisdiction set up a Trust Fund account outside the federal government, under arrangements the Secretary approves, used only to invest in affordable housing within the jurisdiction's boundaries — set up so the repayments do not count as federal government receipts or collections.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Any repayment of funds drawn from a jurisdiction’s HOME Investment Trust Fund, and any payment of interest or other return on the investment of such funds, shall be deposited in such jurisdiction’s HOME Investment Trust Fund, except that, if the jurisdiction is not a participating jurisdiction when such payment or repayment is made, the amount of such payment or repayment shall be reallocated in accordance with section 12747(d) of this title.

(b) Assurance of repayment

Each participating jurisdiction shall enter into an agreement with the Secretary ensuring that funds invested in affordable housing under this part are repayable when the housing no longer qualifies as affordable housing. Any repayment under the previous sentence shall be for deposit in the HOME Investment Trust Fund of the jurisdiction making the investment; except that if such jurisdiction is not a participating jurisdiction when such repayment is made, the amount of such repayment shall be reallocated in accordance with section 12747(d) of this title.

(c) Availability

The Secretary shall take such actions as are necessary to ensure that any repayments deposited in a HOME Investment Trust Fund in accordance with this section shall be immediately available to the participating jurisdiction for investment subject to the provisions of this part that apply to funds that are allocated under section 12747 of this title. Actions authorized under the preceding sentence may include authorizing the establishment for a participating jurisdiction of a HOME Investment Trust Fund account outside of the Federal Government that, under arrangements satisfactory to the Secretary, shall be used solely to invest in affordable housing within the participating jurisdiction’s boundaries in accordance with the provisions of this subchapter. Such accounts shall be established in such a manner that repayments are not receipts or collections of the Federal Government.

Source credit: (Pub. L. 101–625, title II, § 219, Nov. 28, 1990, 104 Stat. 4110.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-625 · 104 Stat. 4110

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-625 on 1990-11-28.

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