{"identifier":"/us/usc/t42/s12704","title":42,"num":"\u00a7\u202f12704.","heading":"Definitions","text":"\u00a7\u202f12704.\nDefinitions\nAs used in this subchapter and in subchapter II:\n(1) The term \u201cunit of general local government\u201d 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\nsection 12746(2) of this title\n(2) The term \u201cState\u201d 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.\n(3) The term \u201cjurisdiction\u201d means a State or unit of general local government.\n(4) The term \u201cparticipating jurisdiction\u201d means any State or unit of general local government that has been so designated in accordance with\nsection 12746 of this title\n(5) The term \u201cnonprofit organization\u201d means any private, nonprofit organization (including a State or locally chartered, nonprofit organization) that\u2014\n(A) is organized under State or local laws,\n(B) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual,\n(C) complies with standards of financial accountability acceptable to the Secretary, and\n(D) has among its purposes significant activities related to the provision of decent housing that is affordable to low-income and moderate-income persons.\n(6) The term \u201ccommunity housing development organization\u201d means a nonprofit organization as defined in paragraph (5), that\u2014\n(A) has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons;\n(B) maintains, through significant representation on the organization\u2019s 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;\n(C) has a demonstrated capacity for carrying out activities assisted under this Act; and\n(D) has a history of serving the local community or communities within which housing to be assisted under this Act is to be located.\nIn 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\u2019s governing board low-income persons residing in each county served.\n(7) The term \u201cgovernment-sponsored mortgage finance corporations\u201d means the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Agricultural Mortgage Corporation.\n(8) The term \u201chousing\u201d 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.\n(9) The term \u201cvery low-income families\u201d 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\u2019s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.\n(10) The term \u201clow-income families\u201d 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\u2019s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.\n(11) The term \u201cfamilies\u201d has the same meaning given that term by\nsection 1437a of this title\n(12) The term \u201csecurity\u201d has the same meaning as in\nsection 77b of title 15\n(13) The term \u201cdisplaced homemaker\u201d means an individual who\u2014\n(A) is an adult;\n(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\n(C) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.\n(14) The term \u201cfirst-time homebuyer\u201d 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\u2014\n(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;\n(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\n(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\u2014\n(i) not permanently affixed to a permanent foundation in accordance with local or other applicable regulations, or\n(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.\n(15) The term \u201csingle parent\u201d means an individual who\u2014\n(A) is unmarried or legally separated from a spouse; and\n(B)\n(i) has 1 or more minor children for whom the individual has custody or joint custody; or\n(ii) is pregnant.\n(16) The term \u201cSecretary\u201d means the Secretary of Housing and Urban Development, unless otherwise specified in this Act.\n(17) The term \u201csubstantial rehabilitation\u201d means the rehabilitation of residential property at an average cost in excess of $25,000 per dwelling unit.\n(18) The term \u201cpublic housing agency\u201d has the meaning given the term in\nsection 1437a(b) of this title\n(19) The term \u201cmetropolitan city\u201d has the meaning given the term in\nsection 5302(a)(4) of this title\n(20) The term \u201curban county\u201d has the meaning given the term in\nsection 5302(a)(6) of this title\n(21) The term \u201ccertification\u201d 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.\n(23) 1\n1 So in original. Probably should be \u201c(22)\u201d.\n(24) 2\n2 So in original. Two pars. (24) have been enacted.\n(24) 2\n(25) The term \u201cenergy efficient mortgage\u201d 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.","url":"https://projectusc.org/usc/t42/s12704.html","content":[{"t":"sec","id":"/us/usc/t42/s12704","children":[{"t":"num","text":"\u00a7\u202f12704."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this subchapter and in subchapter II:"},{"t":"para","id":"/us/usc/t42/s12704/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The term \u201cunit of general local government\u201d 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 ","children":[{"t":"ref","text":"section 12746(2) of this title","href":"/us/usc/t42/s12746/2","tail":"; 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."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The term \u201cState\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The term \u201cjurisdiction\u201d means a State or unit of general local government.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" The term \u201cparticipating jurisdiction\u201d means any State or unit of general local government that has been so designated in accordance with ","children":[{"t":"ref","text":"section 12746 of this title","href":"/us/usc/t42/s12746","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/5","children":[{"t":"num","text":"(5)"},{"t":"chapeau","text":" The term \u201cnonprofit organization\u201d means any private, nonprofit organization (including a State or locally chartered, nonprofit organization) that\u2014"},{"t":"subpara","id":"/us/usc/t42/s12704/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is organized under State or local laws,","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12704/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual,","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12704/5/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" complies with standards of financial accountability acceptable to the Secretary, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12704/5/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" has among its purposes significant activities related to the provision of decent housing that is affordable to low-income and moderate-income persons.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/6","children":[{"t":"num","text":"(6)"},{"t":"chapeau","text":" The term \u201ccommunity housing development organization\u201d means a nonprofit organization as defined in paragraph (5), that\u2014"},{"t":"subpara","id":"/us/usc/t42/s12704/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12704/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" maintains, through significant representation on the organization\u2019s 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;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12704/6/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" has a demonstrated capacity for carrying out activities assisted under this Act; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12704/6/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" has a history of serving the local community or communities within which housing to be assisted under this Act is to be located.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"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\u2019s governing board low-income persons residing in each county served.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" The term \u201cgovernment-sponsored mortgage finance corporations\u201d means the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Agricultural Mortgage Corporation.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" The term \u201chousing\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" The term \u201cvery low-income families\u201d 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\u2019s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" The term \u201clow-income families\u201d 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\u2019s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" The term \u201cfamilies\u201d has the same meaning given that term by ","children":[{"t":"ref","text":"section 1437a of this title","href":"/us/usc/t42/s1437a","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" The term \u201csecurity\u201d has the same meaning as in ","children":[{"t":"ref","text":"section 77b of title 15","href":"/us/usc/t15/s77b","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/13","children":[{"t":"num","text":"(13)"},{"t":"chapeau","text":" The term \u201cdisplaced homemaker\u201d means an individual who\u2014"},{"t":"subpara","id":"/us/usc/t42/s12704/13/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is an adult;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12704/13/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12704/13/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/14","children":[{"t":"num","text":"(14)"},{"t":"chapeau","text":" The term \u201cfirst-time homebuyer\u201d 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\u2014"},{"t":"subpara","id":"/us/usc/t42/s12704/14/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12704/14/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12704/14/C","children":[{"t":"num","text":"(C)"},{"t":"chapeau","text":" 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\u2014"},{"t":"clause","id":"/us/usc/t42/s12704/14/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" not permanently affixed to a permanent foundation in accordance with local or other applicable regulations, or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s12704/14/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/15","children":[{"t":"num","text":"(15)"},{"t":"chapeau","text":" The term \u201csingle parent\u201d means an individual who\u2014"},{"t":"subpara","id":"/us/usc/t42/s12704/15/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is unmarried or legally separated from a spouse; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s12704/15/B","children":[{"t":"num","text":"(B)"},{"t":"clause","id":"/us/usc/t42/s12704/15/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" has 1 or more minor children for whom the individual has custody or joint custody; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s12704/15/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" is pregnant.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/16","children":[{"t":"num","text":"(16)"},{"t":"content","text":" The term \u201cSecretary\u201d means the Secretary of Housing and Urban Development, unless otherwise specified in this Act.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/17","children":[{"t":"num","text":"(17)"},{"t":"content","text":" The term \u201csubstantial rehabilitation\u201d means the rehabilitation of residential property at an average cost in excess of $25,000 per dwelling unit.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/18","children":[{"t":"num","text":"(18)"},{"t":"content","text":" The term \u201cpublic housing agency\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 1437a(b) of this title","href":"/us/usc/t42/s1437a/b","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/19","children":[{"t":"num","text":"(19)"},{"t":"content","text":" The term \u201cmetropolitan city\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 5302(a)(4) of this title","href":"/us/usc/t42/s5302/a/4","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/20","children":[{"t":"num","text":"(20)"},{"t":"content","text":" The term \u201curban county\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 5302(a)(6) of this title","href":"/us/usc/t42/s5302/a/6","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/21","children":[{"t":"num","text":"(21)"},{"t":"content","text":" The term \u201ccertification\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/23","children":[{"t":"num","text":"(23)"},{"t":"content","text":"\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201c(22)\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201c(22)\u201d.","tail":" The term \u201cto demonstrate to the Secretary\u201d 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."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/24","children":[{"t":"num","text":"(24)"},{"t":"content","text":"\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. Two pars. (24) have been enacted."},{"t":"text","text":"\u202fSo in original. Two pars. (24) have been enacted.","tail":" The term \u201cinsular area\u201d means any of the following: Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/24","children":[{"t":"num","text":"(24)"},{"t":"content","text":"\u202f","children":[{"t":"text","text":"2","tail":" The term \u201cenergy efficient mortgage\u201d 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."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s12704/25","children":[{"t":"num","text":"(25)"},{"t":"content","text":" The term \u201cenergy efficient mortgage\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}