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42 U.S.C. § 12754Limitation on jurisdictions under court order

submitted 36 years ago by Pub. L. 101-625 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 162 words · no verdicts yet

in plain englishAI-generated · not legal advice

HOME funds cannot pay for housing remedies, fines, or costs from a civil rights or fair housing violation. This applies whether a court found the violation or a jurisdiction settled such a claim. An exception lets settlement funds pay for housing remedies using eligible activities.

(a) In general: No matter what else the law says, the Secretary must make sure HOME funds are never used to carry out housing remedies, or to pay fines, penalties, or costs, in two situations. First: a court — federal, state, or local — has ruled that a participating jurisdiction violated Title VI of the Civil Rights Act of 1964, the Fair Housing Act, or any other federal, state, or local fair-housing or anti-discrimination law. Second: a jurisdiction has entered a settlement in a case where someone claimed such a violation. This bar on using funds applies except as allowed under subsection (b). (b) Remedial use of funds permitted: When a jurisdiction settles a case described above, it may use funds under this Act to carry out housing remedies — but only through activities that are otherwise eligible under the Act.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Notwithstanding any other provision of this Act, the Secretary shall ensure that funds provided under this part are not employed to carry out housing remedies or to pay fines, penalties, or costs associated with an action in which—

(1)

a participating jurisdiction has been adjudicated, by a Federal, State, or local court, to be in violation of title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Fair Housing Act [42 U.S.C. 3601 et seq.], or any other Federal, State, or local law promoting fair housing or prohibiting discrimination, or

(2)

a settlement has been entered into in any case where claims of such violations have been asserted against a participating jurisdiction, except to the extent permitted by subsection (b).

(b) Remedial use of funds permitted

In the case of settlement described in subsection (a)(2), a jurisdiction may use funds provided under this Act to carry out housing remedies with eligible activities.

Source credit: (Pub. L. 101–625, title II, § 224, Nov. 28, 1990, 104 Stat. 4113.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-625 · 104 Stat. 4113

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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