42 USC 12747 - Allocation of resources

U.S Code last checked for updates: Apr 04, 2025

§ 12747.

Allocation of resources

(a)

In general

(1)

States and units of general local government

(2)

Repealed. Pub. L. 104–330, title V, § 505(a)(1)(B), Oct. 26, 1996, 110 Stat. 4044

(3)

 See 1992 Amendment note below.

Insular areas

(b)

Formula allocation

(1)

In general

(A)

Basic formula

(B)

Source of data

(C)

Use of basic formula

(D)

Weights

(E)

Adjustments

(F)

Consultation

(2)

Minimum State allocation

(A)

In general

(B)

Increased minimum allocation

(3)

Minimum local allocation

(4)

Threshold reduction

(c)

Criteria for direct reallocation

The Secretary shall establish objective criteria for making direct reallocations to any participating jurisdiction and other eligible entities. A jurisdiction shall be eligible for a direct reallocation under this subsection only if the jurisdiction, in a form acceptable to the Secretary, submits an application that demonstrates to the satisfaction of the Secretary that the jurisdiction is engaged, or has made good faith efforts to engage, in cooperative efforts between the State and appropriate participating jurisdictions within the State to develop, coordinate, and implement housing strategies under this subchapter. The Secretary shall by regulation establish objective selection criteria for such direct reallocations, which criteria shall take into account—

(1)

the applicant’s demonstrated commitment to expand the supply of affordable rental housing, including units developed by public housing agencies, as indicated by the additional number of units of affordable housing made available through production or rehabilitation within the previous 2 years, making adjustment for regional variations in construction and rehabilitation costs and giving special consideration to the number of additional units made available under this subchapter through production or rehabilitation, including units developed by public housing agencies, in relation to the amounts made available under this program;

(2)

the applicant’s actions that—

(A)

direct funds made available under this part to benefit very low-income families, with a range of incomes, in amounts that exceed the income targeting requirements of section 12744 of this title, with extra consideration given for activities that expand the supply of affordable housing for very low-income families whose incomes do not exceed 30 percent of the median family income for the area, as determined by the Secretary;

(B)

apply the tenant selection preference categories applicable under section 1437f of this title to the selection of tenants for housing assisted under this part;

(C)

provide matching resources in excess of funds required under section 12750 of this title; and

(D)

stimulate a high degree of investment and participation in development by the private sector, including nonprofit organizations; and

(3)

the degree to which the applicant is pursuing policies that—

(A)

make existing housing more affordable;

(B)

remove or ameliorate any negative effects that public policies identified by the applicant pursuant to section 12705(b)(4) of this title may have on the cost of housing or the incentives to develop, maintain, or improve affordable housing in the jurisdiction;

(C)

preserve the affordability of privately-owned housing that is vulnerable to conversion, demolition, disinvestment, or abandonment;

(D)

increase the supply of housing that is affordable to very low-income and low-income persons, particularly in areas that are accessible to expanding job opportunities; and

(E)

remedy the effects of discrimination and improve housing opportunities for disadvantaged minorities.

(d)

Reallocations

(1)

In general

(2)

Commitments

(3)

Limitation

(Pub. L. 101–625, title II, § 217, Nov. 28, 1990, 104 Stat. 4105; Pub. L. 102–229, title I, Dec. 12, 1991,

cite as: 42 USC 12747