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42 U.S.C. § 12713Eligibility under first-time homebuyer programs

submitted 36 years ago by Pub. L. 101-625 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 285 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal first-time homebuyer programs cannot reject displaced homemakers for once owning a home with a spouse. The same protection covers single parents who once owned a home while married. This section defines those terms and applies to every federal first-time homebuyer program, unless a law exempts it.

(a) Eligibility of displaced homemakers and single parents for federal assistance (1) Displaced homemakers: A federal program that assists first-time homebuyers cannot deny a displaced homemaker eligibility just because, while they were a homemaker, they owned a home together with their spouse or lived in a home their spouse owned. (2) Single parents: The same rule protects single parents — a program cannot deny them eligibility because, while they were married, they owned a home with their spouse or lived in a home their spouse owned. (b) Definitions (1) "Displaced homemaker" means someone who (A) is an adult, (B) has not worked full-time, year-round in the paid workforce for a number of years, but instead worked mainly without pay caring for the home and family during those years, and (C) is unemployed or underemployed and having trouble finding or improving a job. (2) "First-time homebuyer" means someone who has never had — or has not had during a specified period — any current ownership interest in a home they live in as their main residence. (3) "Single parent" means someone who (A) is unmarried or legally separated from a spouse, and (B) either (i) has custody or joint custody of one or more minor children, or (ii) is pregnant. (c) Applicability: This section applies to every federal program that assists first-time homebuyers, unless a law specifically amends this section, or refers to it, to create an exemption.
the actual law source: uscode.house.gov ↗public domain
(a) Eligibility of displaced homemakers and single parents for Federal assistance for first-time homebuyers
(1) Displaced homemakers

No individual who is a displaced homemaker may be denied eligibility under any Federal program to assist first-time homebuyers 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.

(2) Single parents

No individual who is a single parent may be denied eligibility under any Federal program to assist first-time homebuyers 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.

(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

The term “first-time homebuyer” means an individual who has never, or has not during a specified period of time, had any present ownership interest in a principal residence.

(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

This section shall apply to any Federal program to assist first-time homebuyers, unless the program is exempted from this section by a statute that amends this subsection or explicitly refers to this subsection.

Source credit: (Pub. L. 101–625, title IX, § 956, Nov. 28, 1990, 104 Stat. 4421.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-625 · 104 Stat. 4421

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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