Source
(Pub. L. 93–383, title I, § 101, Aug. 22, 1974, 88 Stat. 633; Pub. L. 95–128, title I, § 101, Oct. 12, 1977, 91 Stat. 1111; Pub. L. 96–399, title I, § 104(a), Oct. 8, 1980, 94 Stat. 1616; Pub. L. 98–181, title I, § 101(a), Nov. 30, 1983, 97 Stat. 1159; Pub. L. 100–242, title V, § 502(a), (b), Feb. 5, 1988, 101 Stat. 1923; Pub. L. 101–625, title IX, §§ 902(a),
913
(a), Nov. 28, 1990, 104 Stat. 4385, 4392; Pub. L. 103–233, title II, § 232(a)(2)(A), Apr. 11, 1994, 108 Stat. 367.)
References in Text
This chapter, referred to in subsecs. (c) and (d), was in the original “this title”, meaning title I of
Pub. L. 93–383, Aug. 22, 1974,
88 Stat. 633, as amended, which enacted this chapter and amended sections
1452b,
1453, and
3311 of this title, section
1701u of Title
12, Banks and Banking, and section 711 of former Title 31, Money and Finance. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Amendments
1994—Subsec. (c).
Pub. L. 103–233 inserted “or a grant” after “guarantee” in second sentence.
1990—Subsec. (c).
Pub. L. 101–625, § 913(a), inserted “to States and units of general local government” after first reference to “Federal assistance provided” in second sentence.
Pub. L. 101–625, § 902(a), substituted “70 percent” for “60 percent” in second sentence.
1988—Subsec. (c).
Pub. L. 100–242, § 502(a), substituted “60” for “51”.
Subsec. (c)(6).
Pub. L. 100–242, § 502(b), struck out “to attract persons of higher income” before semicolon at end.
1983—Subsec. (c).
Pub. L. 98–181, § 101(a)(1), inserted “and of the community development program of each grantee under this chapter” in provisions preceding par. (1).
Pub. L. 98–181, § 101(a)(2), inserted “not less than 51 percent of the aggregate of the Federal assistance provided under section
5306 of this title and, if applicable, the funds received as a result of a guarantee under section
5308 of this title, shall be used for the support of activities that benefit persons of low and moderate income, and” in provisions preceding par. (1).
1980—Subsec. (a)(3).
Pub. L. 96–399, § 104(a)(1)–(3), added par. (3).
Subsec. (b)(4).
Pub. L. 96–399, § 104(a)(4)–(6), added par. (4).
Subsec. (c)(9).
Pub. L. 96–399, § 104(a)(7)–(9), added par. (9).
1977—Subsec. (c)(8).
Pub. L. 95–128, § 101(a), added par. (8).
Subsec. (d)(4).
Pub. L. 95–128, § 101(b), provided that the development activities be undertaken by Federal agencies and programs as well as by communities.
Effective Date of 1994 Amendment
Section 209 of title II of
Pub. L. 103–233 provided that: “The amendments made by this title [enacting sections
5321 and
12840 of this title and amending this section and sections
5304,
5305,
5308,
5318,
12704,
12744,
12745,
12750,
12833,
12838, and
12893 of this title] shall apply with respect to any amounts made available to carry out title II of the Cranston-Gonzalez National Affordable Housing Act [
42 U.S.C.
12721 et seq.] after the date of the enactment of this Act [Apr. 11, 1994] and any amounts made available to carry out such title before such date of enactment that remain uncommitted on such date. The Secretary shall issue any regulations necessary to carry out the amendments made by this title not later than the expiration of the 45-day period beginning on the date of the enactment of this Act.”
Effective Date of 1992 Amendment
Pub. L. 102–550, § 2, Oct. 28, 1992,
106 Stat. 3681, provided that: “The provisions of this Act [see Tables for classification] and the amendments made by this Act shall take effect and shall apply upon the date of the enactment of this Act [Oct. 28, 1992], unless such provisions or amendments specifically provide for effectiveness or applicability upon another date certain.”
Effective Date of 1990 Amendment
Amendment by section 913(a) of
Pub. L. 101–625 applicable to amounts approved in any appropriation Act under section
5303 of this title for fiscal year 1990 and each fiscal year thereafter, see section 913(f) of
Pub. L. 101–625, set out as a note under section
5306 of this title.
Effective Date of 1983 Amendment
Amendment by
Pub. L. 98–181 applicable only to funds available for fiscal year 1984 and thereafter, see section 110(b) of
Pub. L. 98–181, as amended, set out as a note under section
5316 of this title.
Effective Date of 1977 Amendment
Section 114 of title I of
Pub. L. 95–128 provided that: “The amendments made by this title [enacting section
5318 of this title, amending this section, sections
1452b,
5302 to
5308, and
5313 of this title, and section 461 of former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as a note under section
5313 of this title] shall become effective October 1, 1977.”
Short Title of 2003 Amendment
Pub. L. 108–146, § 1, Dec. 3, 2003,
117 Stat. 1883, provided that: “This Act [amending section
5305 of this title] may be cited as the ‘Tornado Shelters Act’.”
Short Title of 1992 Amendment
Pub. L. 102–550, § 1(a), Oct. 28, 1992,
106 Stat. 3672, provided that: “This Act [see Tables for classification] may be cited as the ‘Housing and Community Development Act of 1992’.”
Short Title of 1988 Amendment
Section 1(a) of
Pub. L. 100–242 provided that: “This Act [see Tables for classification] may be cited as the ‘Housing and Community Development Act of 1987’.”
Short Title of 1986 Amendment
Pub. L. 99–272, title III, § 3001(a), Apr. 7, 1986,
100 Stat. 101, provided that: “This title [amending sections
1437b,
1437g,
1452b,
1483,
1485,
1487,
1490,
1490c,
4026,
4056,
4101,
5302, and
5308 of this title, and sections
1703,
1715h,
1715l,
1715z,
1715z–9,
1715z–10,
1715z–14,
1748h–1,
1748h–2,
1749bb,
1749aaa,
1749bbb, and
2811 of Title
12, Banks and Banking, enacting provisions set out as notes under section
5308 of this title, and amending provisions set out as a note under section
1701q of Title
12] may be cited as the ‘Housing and Community Development Reconciliation Amendments of 1985’.”
Short Title of 1984 Amendment
Pub. L. 98–479, § 1, Oct. 17, 1984,
98 Stat. 2218, provided: “That this Act [amending sections
1437a,
1437b,
1437d,
1437f,
1437h,
1437l,
1437o,
1438 to
1440,
1452,
1455,
1456,
1471,
1472,
1480,
1481,
1483,
1485,
1487,
1490,
1490a to
1490c,
1493,
2414,
3337,
3535,
3541,
3936,
3938,
4016,
4017,
4101,
4105,
4124,
4502,
5302,
5304 to
5306,
5308,
5312,
5317,
5318,
5403,
6863,
8004,
8010, and
8107 of this title, sections
1425a,
1457,
1701c,
1701h,
1701q,
1701s,
1701x,
1701z–2,
1701z–13,
1702,
1705,
1706e,
1709,
1713,
1715d,
1715h,
1715l,
1715n,
1715y,
1715z,
1715z–1,
1715z–1a,
1715z–5 to
1715z–9,
1717,
1719,
1721,
1723a,
1723g,
1723h,
1732,
1735f–5,
1735f–9,
1749,
1749a,
1749c,
1749aaa,
1749aaa–3,
1749bbb–8,
1749bbb–13,
1749bbb–17,
1750c,
1757,
2706,
2709,
3612, and
3618 of Title
12, Banks and Banking, and sections
1635 and
1715 of Title
15, Commerce and Trade, enacting provisions set out as notes under sections
1472 and
5305 of this title and sections
1715b,
1732 and
3618 of Title
12, and amending provisions set out as notes under sections
602,
5316, and
5318 of this title and section
1701z–6 of Title
12] may be cited as the ‘Housing and Community Development Technical Amendments Act of 1984’.”
Short Title of 1981 Amendment
Pub. L. 97–35, title III, § 300, Aug. 13, 1981,
95 Stat. 384, provided that: “This subtitle [subtitle A (§§ 300–371) of title III of
Pub. L. 97–35, enacting sections
1437j–1,
1437n, and
4028 of this title and sections
1701z–14,
1735f–9,
1735f–10,
2294a, and
3701 to
3717 of Title
12, Banks and Banking, amending sections
1436a,
1437 to
1437d,
1437f,
1437g,
1437i,
1437j,
1437l,
1439,
1452b,
1483,
1485,
1487,
1490a,
1490c,
4017,
4026,
4056,
4081,
4127,
4518,
5302 to
5313,
5316,
5318,
5320, and
8107 of this title and sections
1701s,
1701j–2,
1701q,
1701x,
1701z–1,
1701z–14,
1703,
1706e,
1709–1,
1713,
1715e,
1715h,
1715k,
1715l,
1715n,
1715v,
1715y,
1715z,
1715z–1,
1715z–1a,
1715z–1b,
1715z–7,
1715z–9,
1715z–10,
1720,
1721,
1735c,
1748h–1,
1748h–2,
1749bb,
1749aaa,
1749bbb, and
1749bbb–3 of Title
12, repealing sections
8121 to
8124 of this title and section 461 of former Title 40, Public Buildings, Property, and Works, enacting provisions set out as notes under 1436a, 1437a, 1437f, 4028, 5304, 5305, 5306, 5318 of this title and sections
1703,
1720, and
3701 of Title
12, and repealing provisions set out as notes under section
8121 of this title and section
1701s of Title
12] may be cited as the ‘Housing and Community Development Amendments of 1981’.”
Short Title of 1980 Amendment
Section 1 of
Pub. L. 96–399 provided: “That this Act [enacting sections
1436a,
1436b,
1437l,
1437m,
1490j and
5320 of this title, sections
1735f–8 and
2809 to
2811 of Title
12, Banks and Banking, and sections
3601 to
3616 of Title
15, Commerce and Trade, amending this section, sections
1437c,
1437d,
1437f,
1437g,
1437k,
1439,
1441c,
1452b,
1471,
1472,
1480,
1483 to
1487,
1490a,
1490c to
1490e,
3535,
4127,
5302 to
5308,
5316 to
5318,
5401 to
5404,
5406 to
5416,
5419,
5421 to
5423,
5425,
6833,
6835,
8004,
8102,
8105,
8107, and
8124 of this title, sections
86a,
1425a,
1454,
1701q,
1701s,
1701u,
1701z–1,
1701z–11,
1703,
1706e,
1707,
1709,
1709–1,
1713,
1715d,
1715e,
1715h,
1715k,
1715l to
1715n,
1715u to
1715w,
1715y to
1715z–1,
1715z–1a,
1715z–5 to
1715z–7,
1715z–9,
1715z–10,
1717,
1720,
1721,
1723e,
1735c,
1735f–7a,
1748h–1,
1748h–2,
1749bb,
1749aaa and
2803 of Title
12 and sections 461 and 484b of former Title 40, Public Buildings, Property and Works, repealing section
2809 of Title
12, enacting provisions set out as notes under sections
1472,
3535,
5302,
5313,
5401,
5424 and
8106 of this title, sections 86a, 1701z–6, 1703, 1715d, 1715z, 1717, 1723a, 1723e and 3305 of Title
12, section
3601 of Title 15, and section 461 of former Title 40, and amending provisions set out as notes under section
5401 of this title and sections
86a,
1701z–6,
1723e, and
1735f–4 of Title
12] may be cited as the ‘Housing and Community Development Act of 1980’.”
Short Title of 1979 Amendment
Pub. L. 96–153, § 1, Dec. 21, 1979,
93 Stat. 1101, provided: “That this Act [enacting section
1735f–7 of Title
12, Banks and Banking, section
1719a of Title
15, Commerce and Trade, and section
1437k of this title, amending section
5315 of Title
5, Government Organization and Employees, sections 90, 1426, 1431, 1451, 1452, 1455, 1464, 1701q, 1701s, 1701z–1, 1701z–11, 1703, 1706e, 1709, 1709–1, 1713, 1715e, 1715h, 1715k, 1715l, 1715m, 1715v, 1715y, 1715z, 1715z–1, 1715z–1a, 1715z–6, 1715z–7, 1715z–9, 1715z–10, 1717, 1728, 1735c, 1748h–1, 1748h–2, 1749bb, 1749aaa, 1749bbb, 1757, 1787, and 1821 of Title
12, sections
1701,
1702,
1703,
1708,
1709,
1711,
1715, and
1717 of Title
15, section
461 of former Title 40, Public Buildings, Property, and Works, and sections
1437a,
1437c,
1437d,
1437f,
1437g,
1439,
1452b,
1471,
1472,
1474,
1479,
1480,
1483,
1484,
1485,
1486,
1487,
1490a,
1490c,
3533a,
3541,
4026,
4056,
4127,
5302,
5303,
5304,
5306,
5318,
5419,
8107,
8123,
8124, and
8146 of this title, and enacting provisions set out as notes under sections 1701, 1701q, 1701s, 1703, 1709, 1723e, and 1728 of Title
12, section
1701 of Title 15, and sections
1437a,
1437f, and
5304 of this title] may be cited as the ‘Housing and Community Development Amendments of 1979’.”
Short Title of 1978 Amendment
Pub. L. 95–557, § 1, Oct. 31, 1978,
92 Stat. 2080, provided that: “This Act [enacting sections
3541,
5319,
8001 to
8010,
8101 to
8107,
8121 to
8124, and
8141 to
8146 of this title and sections
1701z–9 to
1701z–13,
1715z–1a,
1715z–1b,
1735f–6, of Title
12, Banks and Banking, amending sections
1437a,
1437c,
1437e,
1437f,
1437g,
1441c,
1452b,
1476,
1480,
1483 to
1487,
1490a,
1490c,
1490e,
3371,
3535,
4026,
4056,
4127,
4521,
5304,
5305,
5307,
5318 and
5425, of this title, sections 1454, 1701j–2, 1701q, 1701z–1, 1703, 1706e, 1709, 1709–1, 1713, 1715h, 1715l, 1715n, 1715y, 1715z, 1715z–1, 1715z–5, 1715z–6, 1715z–9, 1715z–10, 1715z–11, 1715w, 1717, 1720, 1735c, 1748h–1, 1748h–2, 1749bb, 1749aaa, 1749bbb, and 1749bbb–3 of Title
12, section
1702 of Title 15, Commerce and Trade, and sections 461 and 484b of former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as notes under sections
1437c,
1437f,
1441,
1476,
1480,
5313,
8001,
8101,
8121, and 8141 of this title and sections 1454, 1701z–6, 1701z–9, 1709, 1715z–1, and 1723e of Title 12] may be cited as the ‘Housing and Community Development Amendments of 1978’.”
Short Title of 1977 Amendment
Section 1 of
Pub. L. 95–128 provided that: “This Act [enacting sections
3540 and
5318 of this title and sections
2901 to
2905 of Title
12, Banks and Banking, amending this section, sections
1437c,
1437f,
1437g,
1439,
1452b,
1471,
1472,
1476,
1479,
1483 to
1485,
1487,
1490a,
1490c,
1490h,
3533,
4003,
4013,
4026,
4056,
4103 to
4106,
4127,
4501 to
4503,
4521,
5302 to
5308,
5313,
5403, and
5409 of this title, sections
355,
1430,
1454,
1464,
1701q,
1701x,
1701z–1,
1703,
1706e,
1709,
1709–1,
1715h,
1715k to
1715m,
1715w,
1715y,
1715z,
1715z–1,
1715z–3,
1715z–7,
1715z–9,
1715z–10,
1717,
1723a,
1723e,
1748h–1,
1748h–2,
1749bb, and
1749aaa of Title
12, and section 461 of former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as notes under this section, sections
1421b,
1437d,
1490h,
4501, and
5313 of this title, and sections
1715z–1,
1723e of Title
12] may be cited as the ‘Housing and Community Development Act of 1977’.”
Short Title
Section 1 of
Pub. L. 93–383 provided: “That this Act [enacting this chapter, sections
1701j–2,
1701l–1,
1701z–5,
1701z–6,
1706e,
1715z–9 to
1715z–11, and
1735f–3 to
1735f–5 of Title
12, Banks and Banking, section
803a of Title
20, Education, and sections
1437 to
1437j,
1438 to
1440,
1490e to
1490g,
4104a, and
5401 to
5426 of this title, amending sections
5315 and
5316 of Title
5, Government Organization and Employees, sections 24, 371, 1431, 1436, 1454, 1464, 1701q, 1701u, 1701x, 1701z–3, 1703, 1709, 1709–1, 1713, 1715e, 1715h, 1715k to 1715n, 1715v, 1715w, 1715y, 1715z, 1715z–1, 1715z–3, 1715z–6, 1715z–7, 1717, 1718, 1719, 1723a, 1735b, 1748h–1, 1748h–2, 1749bb, 1749aaa, 1749aaa–4, 1749aaa–5, 1757, 1759, 1761b, 1761d, 1763, 1772, 1782, 1786, and 1788 of Title
12, sections
1701 to
1703 of Title 15, Commerce and Trade, sections 801, 802, and 806 of Title
20, section
711 of former Title 31, Money and Finance, sections 460 and 461 of former Title 40, Public Buildings, Property, and Works, sections
1441a,
1441c,
1452b,
1453,
1471,
1472,
1474,
1476 to
1478,
1483,
1485,
1487,
1490,
1490a,
1490c,
1490d,
1586,
3311,
3533,
3604 to
3606,
3631,
4014,
4512,
4514 to
4516,
4519, and
4532 of this title, and sections 1602 and 1602a of former Title 49, Transportation, repealing sections
1411d and
1455a of this title, and enacting provisions set out as notes under this section, sections 1464, 1701q, 1715l, 1715z–1, 1716b, and 1723a of Title
12, section
1703 of Title
15, sections
1410,
1421b,
1437,
1437a,
1437f,
3532, and
5401 of this title, and section 1602a of former Title 49] may be cited as the ‘Housing and Community Development Act of 1974’.”
Income Eligibility for Home and CDBG Programs
Pub. L. 105–276, title V, § 590, Oct. 21, 1998,
112 Stat. 2651, provided that:
“(a) In General.—The Secretary of Housing and Urban Development shall, for not less than 10 jurisdictions that are metropolitan cities or urban counties for purposes of title I of the Housing and Community Development Act of 1974 [
42 U.S.C.
5301 et seq.], grant exceptions not later than 90 days after the date of the enactment of this Act [Oct. 21, 1998] for such jurisdictions that provide that—
“(1) for purposes of the HOME investment partnerships program under title II of the Cranston-Gonzalez National Affordable Housing Act [
42 U.S.C.
12721 et seq.], the limitation based on percentage of median income that is applicable under section
104
(10),
214
(1)(A), or
215
(a)(1)(A) [
42 U.S.C.
12704
(10),
12744
(1)(A),
12745
(a)(1)(A)] for any area of the jurisdiction shall be the numerical percentage that is specified in such section; and
“(2) for purposes of the community development block grant program under title I of the Housing and Community Development Act of 1974 [
42 U.S.C.
5301 et seq.], the limitation based on percentage of median income that is applicable pursuant to section
102
(a)(20) [
42 U.S.C.
5302
(a)(20)] for any area within the State or unit of general local government shall be the numerical percentage that is specified in subparagraph (A) of such section.
“(b) Effective Date.—This section shall take effect on the date of the enactment of this Act [Oct. 21, 1998].”
Findings and Purpose
Section 2 of
Pub. L. 100–242 provided that:
“(a) Findings.—The Congress finds that—
“(1) for the past 50 years, the Federal Government has taken the leading role in enabling the people of the Nation to be the best housed in the world, and recent reductions in Federal assistance have contributed to a deepening housing crisis for low- and moderate-income families;
“(2) the efforts of the Federal Government have included a system of specialized lending institutions, favorable tax policies, construction assistance, mortgage insurance, loan guarantees, secondary markets, and interest and rental subsidies, that have enabled people to rent or buy affordable, decent, safe, and sanitary housing; and
“(3) the tragedy of homelessness in urban and suburban communities across the Nation, involving a record number of people, dramatically demonstrates the lack of affordable residential shelter, and people living on the economic margins of our society (lower income families, the elderly, the working poor, and the deinstitutionalized) have few available alternatives for shelter.
“(b) Purpose.—The purpose of this Act [see Short Title of 1988 Amendment note above], therefore, is—
“(1) to reaffirm the principle that decent and affordable shelter is a basic necessity, and the general welfare of the Nation and the health and living standards of its people require the addition of new housing units to remedy a serious shortage of housing units for all Americans, particularly for persons of low and moderate income;
“(2) to make the distribution of direct and indirect housing assistance more equitable by providing Federal assistance for the less affluent people of the Nation;
“(3) to provide needed housing assistance for homeless people and for persons of low and moderate income who lack affordable, decent, safe, and sanitary housing; and
“(4) to reform existing programs to ensure that such assistance is delivered in the most efficient manner possible.”
Budget Compliance
Section 3 of
Pub. L. 100–242 provided that:
“(a) In General.—This Act and the amendments made by this Act [see Short Title of 1988 Amendment note above] may not be construed to provide for new budget authority, budget outlays, or new entitlement authority, for fiscal year 1988 in excess of the appropriate aggregate levels established by the concurrent resolution on the budget for such fiscal year for the programs authorized by this Act and the amendments made by this Act.
“(b) Definitions.—For purposes of this section, the terms ‘budget authority’, ‘budget outlays’, ‘concurrent resolution on the budget’, and ‘entitlement authority’ have the meanings given such terms in section 3 of the Congressional Budget Act of 1974 (
2 U.S.C.
622).”
Credit Limitation
Section 4 of
Pub. L. 100–242 provided that: “Any new credit authority (as defined in section 3 of the Congressional Budget Act of 1974 [
2 U.S.C.
622]) which is provided by this Act [see Short Title of 1988 Amendment note above], or by an amendment made by this Act, shall be effective only to such extent or in such amounts as are provided in appropriation Acts.”
Limitation on Spending Authority
Section 5 of
Pub. L. 100–242 provided that: “Any new spending authority (as defined in section 401(c) of the Congressional Budget Act of 1974 [
2 U.S.C.
651
(c)]) which is provided by this Act, or by an amendment made by this Act [see Short Title of 1988 Amendment note above], shall be effective only to such extent or in such amounts as are provided in appropriation Acts.”
Limitation on Withholding or Conditioning of Assistance
Section 817 of
Pub. L. 93–383, as amended by
Pub. L. 98–181, title III, § 302(c), Nov. 30, 1983,
97 Stat. 1206, provided that: “Assistance provided for in this Act [see Short Title note above] the National Housing Act, [
12 U.S.C.
1701 et seq.], the United States Housing Act of 1937 [
42 U.S.C.
1437 et seq.], the Housing Act of 1949 [
42 U.S.C.
1441 et seq.], the Demonstration Cities and Metropolitan Development Act of 1966 [see Short Title note set out under section
3331 of this title], the Housing and Urban Development Acts of 1965, 1968, 1969, and 1970 [see Short Title notes set out under section
1701 of Title
12, Banks and Banking], and section 17 of the United States Housing Act of 1937 [
42 U.S.C.
1437o] shall not be withheld or made subject to conditions or preference by reason of the tax-exempt status of bonds or other obligations issued or to be issued to provide financing for use in connection with such assistance, except where otherwise expressly provided or authorized by law.”