42 U.S.C. § 12895 — Other program requirements

submitted 36 years ago by Pub. L. 101-625 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,016 words · no verdicts yet

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This section limits costs and controls how sale proceeds and resales work. Rules can be enforced in court, and recipients must keep records for audits.

(a) Cost limitations: The Secretary may set limits on the cost of eligible activities under this part. (b) Use of proceeds from sales to eligible families: The transferring entity (or another named in the application) may use money from the first sale for program costs — operating expenses, project improvements, business opportunities for low-income families, related support services, more homeownership opportunities, and other Secretary-approved activities. (c) Restrictions on resale by homeowners: A homeowner can transfer their ownership interest, but the program can restrict resales. If a resident management corporation, resident council, or co-op has authority over the unit, it gets first right to buy the unit from the homeowner at the price set in the homeowner's firm sale contract with a buyer. If that entity doesn't have authority or chooses not to buy, and the buyer isn't a low-income family, the public housing agency or grant recipient gets the same right to buy at that price. The homeowner must sign a promissory note for the difference between market value and the price they paid, secured by a mortgage. For a transfer within 6 years of buying in, the program must limit how much profit the family can keep — capped at the family's equity contribution, plus the value of any improvements the family paid for (as the Secretary values them), plus appreciation based on an agreed index, which the entity and family can also cap by agreement at the time of the first sale. For a transfer between 6 and 20 years after buying in, the Secretary or the program recaptures an amount equal to the declining balance still owed on that promissory note. Of any sale proceeds the homeowner doesn't get to keep, 50% goes to the transferring entity for project improvements, business opportunities, support services, more homeownership opportunities, and other Secretary-approved uses; the other 50% goes back to the Secretary, subject to what Congress appropriates. The entity must keep records the Secretary can use to check these payments are calculated right. (d) Third party rights: The rules on quality standards, resale, and ownership transfer can be enforced in court — against the grant recipient for rehabilitation-related actions, and against property buyers (or their successors) for other actions — by affected low-income families, resident groups, public housing agencies, and federal agencies. Whoever wins such a case is entitled to reasonable attorney's fees. (e) Protection of nonpurchasing families: No tenant living in a unit on the date the Secretary approves the grant can be evicted because of the homeownership program. (h) Records and audit of recipients (labeled (h) in the statute): Recipients must keep records showing how they used the grant money and related sale or financing proceeds, the total program cost, and what other funding sources contributed — records good enough to support a real audit. The Secretary can inspect the recipient's books and records related to this assistance. The Comptroller General (or representatives) can inspect them too.

the actual law source: uscode.house.gov ↗public domain

(a) Cost limitations

The Secretary may establish cost limitations on eligible activities under this part, subject to the provisions of this part.

(b) Use of proceeds from sales to eligible families

Any entity that transfers ownership interests in, or shares representing, units to eligible families, or another entity specified in the approved application, may use the proceeds, if any, from the initial sale for costs of the homeownership program, including operating expenses, improvements to the project, business opportunities for low-income families, supportive services related to the homeownership program, additional homeownership opportunities, and other activities approved by the Secretary.

(1) In general

(A) Transfer permitted

A homeowner under a homeownership program may transfer the homeowner’s ownership interest in, or shares representing, the unit, except that a homeownership program may establish restrictions on the resale of units under the program.

(B) Right to purchase

Where a resident management corporation, resident council, or cooperative has jurisdiction over the unit, the corporation, council, or cooperative shall have the right to purchase the ownership interest in, or shares representing, the unit from the homeowner for the amount specified in a firm contract between the homeowner and a prospective buyer. If such an entity does not have jurisdiction over the unit or elects not to purchase and if the prospective buyer is not a low-income family, the public housing agency or the implementation grant recipient shall have the right to purchase the ownership interest in, or shares representing, the unit for the same amount.

The homeowner shall execute a promissory note equal to the difference between the market value and the purchase price, payable to the public housing agency or other entity designated in the homeownership plan, together with a mortgage securing the obligation of the note.

(2) 6 years or less

In the case of a transfer within 6 years of the acquisition under the program, the homeownership program shall provide for appropriate restrictions to assure that an eligible family may not receive any undue profit. The plan shall provide for limiting the family’s consideration for its interest in the property to the total of—

(A)

the contribution to equity paid by the family;

(B)

the value, as determined by such means as the Secretary shall determine through regulation, of any improvements installed at the expense of the family during the family’s tenure as owner; and

(C)

the appreciated value determined by an inflation allowance at a rate which may be based on a cost-of-living index, an income index, or market index as determined by the Secretary through regulation and agreed to by the purchaser and the entity that transfers ownership interests in, or shares representing, units to eligible families (or another entity specified in the approved application), at the time of initial sale, and applied against the contribution to equity.

Such an entity may, at the time of initial sale, enter into an agreement with the family to set a maximum amount which this appreciation may not exceed.

(3) 6–20 years

In the case of a transfer during the period beginning 6 years after the acquisition and ending 20 years after the acquisition, the homeownership program shall provide for the recapture by the Secretary or the program of an amount equal to the amount of the declining balance on the note described in paragraph (1)(C).

(4) Use of recaptured funds

Fifty percent of any portion of the net sales proceeds that may not be retained by the homeowner under the plan approved pursuant to this subsection shall be paid to the entity that transferred ownership interests in, or shares representing, units to eligible families, or another entity specified in the approved application, for use for improvements to the project, business opportunities for low-income families, supportive services related to the homeownership program, additional homeownership opportunities, and other activities approved by the Secretary. The remaining 50 percent shall be returned to the Secretary for use under this part, subject to limitations contained in appropriations Acts. Such entity shall keep and make available to the Secretary all records necessary to calculate accurately payments due the Secretary under this subsection.

(d) Third party rights

The requirements under this part regarding quality standards, resale, or transfer of the ownership interest of a homeowner shall be judicially enforceable against the grant recipient with respect to actions involving rehabilitation, and against purchasers of property under this subsection or their successors in interest with respect to other actions by affected low-income families, resident management corporations, resident councils, public housing agencies, and any agency, corporation, or authority of the United States Government. The parties specified in the preceding sentence shall be entitled to reasonable attorney fees upon prevailing in any such judicial action.

(e) Protection of nonpurchasing families

No tenant residing in a dwelling unit in a property on the date the Secretary approves an application for an implementation grant may be evicted by reason of a homeownership program approved under this part.

(h)1 Records and audit of recipients of assistance

(1) In general

Each recipient shall keep such records as may be reasonably necessary to fully disclose the amount and the disposition by such recipient of the proceeds of assistance received under this part (and any proceeds from financing obtained or sales under subsections (b) and (c)), the total cost of the homeownership program in connection with which such assistance is given or used, and the amount and nature of that portion of the program supplied by other sources, and such other sources as will facilitate an effective audit.

(2) Access by Secretary

The Secretary shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this part.

(3) Access by Comptroller General

The Comptroller General of the United States, or any of the duly authorized representatives of the Comptroller General, shall also have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this part.

Source credit: (Pub. L. 101–625, title IV, § 445, Nov. 28, 1990, 104 Stat. 4177.)

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-625 · 104 Stat. 4177

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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