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
, 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
of this title and sections 1715b, 1732 and 3618 of Title 12, and amending provisions set out as notes under sections 602
, 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’.”
Pub. L. 93–383, § 1, Aug. 22, 1974, 88 Stat. 633, 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
Acquisition of Tenant-Occupied Foreclosed Dwelling or Residential Real Property
Pub. L. 111–5, div. A, title XII, Feb. 17, 2009, 123 Stat. 218, provided in part:
“That in the case of any acquisition of a foreclosed upon dwelling or residential real property acquired after the date of enactment [probably means
the date of enactment of Pub. L. 111–5
, Feb. 17, 2009
] with any amounts made available under this heading [Community Development
Fund] or under division B, title III of the Housing and Economic Recovery Act of 2008
(Public Law 110–289
) [set out below], the initial successor in interest in such property pursuant to the foreclosure shall assume such interest subject to: (1) the provision by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure: (A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit
to a purchaser who will occupy the unit
as a primary residence, subject to the receipt by the tenant of the 90-day notice under this paragraph;
or (B) without a lease or with a lease terminable at will under State
law, subject to the receipt by the tenant of the 90-day notice under this paragraph,
except that nothing in this paragraph
shall affect the requirements for termination of any Federal- or State-
subsidized tenancy or of any State
or local law that provides longer time periods
or other additional protections for tenants: Provided further
, That, for purposes of this paragraph,
a lease or tenancy shall be considered bona fide only if: (1) the mortgagor under the contract is not the tenant; (2) the lease or tenancy was the result of an arms-length transaction; and (3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property: Provided further
, That the recipient
of any grant
or loan from amounts made available under this heading or, after the date of enactment, under division B, title III of the Housing and Economic Recovery Act of 2008
(Public Law 110–289
) may not refuse to lease a dwelling unit
in housing assisted with such loan or grant
to a holder
of a voucher or certificate of eligibility
under section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f
) because of the status of the prospective tenant as such a holder:Provided further
, That in the case of any qualified foreclosed housing for which funds
made available under this heading or, after the date of enactment, under division B, title III of the Housing and Economic Recovery Act of 2008
(Public Law 110–289
) are used and in which a recipient
of assistance under section 8(o
) of the U.S. Housing Act
of 1937 resides at the time of foreclosure, the initial successor in interest shall be subject to the lease and to the housing assistance
payments contract for the occupied unit:Provided further
, That vacating the property prior to sale shall not constitute good cause
for termination of the tenancy unless the property is unmarketable while occupied or unless the owner
or subsequent purchaser desires the unit
for personal or family use: Provided further
, That if a public housing agency
is unable to make payments under the contract to the immediate successor in interest after foreclosures, due to (1) an action or inaction by the successor in interest, including the rejection of payments or the failure of the successor to maintain the unit
in compliance with section 8(o
)(8) of the United States Housing Act of 1937
) or (2) an inability to identify the successor, the agency
may use funds
that would have been used to pay the rental amount on behalf of the family—(i) to pay for utilities that are the responsibility of the owner
under the lease or applicable law, after taking reasonable steps to notify the owner
that it intends to make payments to a utility provider in lieu of payments to the owner,
except prior notification shall not be required in any case in which the unit
will be or has been rendered uninhabitable due to the termination or threat of termination of service,
in which case the public housing agency
shall notify the owner
within a reasonable time after making such payment; or (ii) for the family’s reasonable moving costs,
including security deposit costs:Provided further
, That this paragraph
shall not preempt any Federal, State
or local law that provides more protections for tenants”.
Emergency Assistance for the Redevelopment of Abandoned and Foreclosed Homes
Pub. L. 111–5, div. A, title XII, Feb. 17, 2009, 123 Stat. 218, provided in part:
“That the recipient
of any grant
or loan from amounts made available under this heading [Community Development Fund]
or, after the date of enactment under division B, title III of the Housing and Economic Recovery Act of 2008
[Pub. L. 110–289
, set out below], may not refuse to lease a dwelling unit
in housing with such loan or grant
to a participant
under section 8 of the United States Housing Act of 1937
(42 U.S.C 1437f
) because of the status of the prospective tenant as such a participant”
Pub. L. 110–289, div. B, title III, July 30, 2008, 122 Stat. 2850, as amended by Pub. L. 111–5, div. A, title XII, Feb. 17, 2009, 123 Stat. 218; Pub. L. 111–22, div. A, title I, § 105(a), May 20, 2009, 123 Stat. 1638; Pub. L. 111–203, title XIV, § 1497(b)(1)(A), July 21, 2010, 124 Stat. 2210, provided that:
“SEC. 2301. EMERGENCY ASSISTANCE FOR THE REDEVELOPMENT OF ABANDONED AND FORECLOSED HOMES.
“(b)Allocation of Appropriated Amounts.—
The amounts appropriated or otherwise made available to States
of general local government
under this section shall be allocated based on a funding formula established by the Secretary
of Housing and Urban Development
(in this title referred to as the ‘Secretary
“(2)Formula to be devised swiftly.—
The funding formula required under paragraph (1) shall be established not later than 60 days after the date of enactment of this section [July 30, 2008].
“(3)Criteria.—The funding formula required under paragraph (1) shall ensure that any amounts appropriated or otherwise made available under this section are allocated to States and units of general local government with the greatest need, as such need is determined in the discretion of the Secretary based on—
Amounts appropriated or otherwise made available under this section shall be distributed according to the funding formula established by the Secretary
under paragraph (1) not later than 30 days after the establishment of such formula.
“(c)Use of .—
or unit of general local government
that receives amounts pursuant to this section shall, not later than 18 months after the receipt of such amounts, use such amounts to purchase and redevelop abandoned and foreclosed homes
and residential properties.
“(2)Priority.—Any State or unit of general local government that receives amounts pursuant to this section shall in distributing such amounts give priority emphasis and consideration to those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those—
with the greatest percentage of home
with the highest percentage of homes
financed by a subprime mortgage related
“(3)Exception for certain states.—
that has received the minimum allocation
of amounts pursuant to the requirement under section 2302
may, to the extent such State
has fulfilled the requirements of paragraph (2), distribute any remaining amounts to areas with homeowners at risk of foreclosure or in foreclosure without regard to the percentage of home
foreclosures in such areas.
“(4)Eligible uses.—Amounts made available under this section may be used to—
establish financing mechanisms for purchase and redevelopment of foreclosed upon homes
and residential properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers;
purchase and rehabilitate homes
and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes
establish and operate land banks for homes
and residential properties that have been foreclosed upon[;]
demolish blighted structures; and
redevelop demolished or vacant properties.
Any purchase of a foreclosed upon home
or residential property under this section shall be at a discount from the current market appraised value of the home
or property, taking into account its current condition, and such discount shall ensure that purchasers are paying below-market value for the home
Any rehabilitation of a foreclosed-upon home
or residential property under this section shall be to the extent necessary to comply with applicable laws, codes, and other requirements relating to
housing safety, quality, and habitability, in order to sell, rent, or redevelop such homes
and properties. Rehabilitation may include improvements to increase the energy efficiency or conservation of such homes
and properties or provide a renewable energy
source or sources for such homes
“(3)Sale of homes.—
If an abandoned or foreclosed upon home
or residential property is purchased, redeveloped, or otherwise sold to an individual as a primary residence, then such sale shall be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home
or property up to a decent, safe, and habitable condition.
“(f)Authority to Specify Alternative Requirements.—
In administering any amounts appropriated or otherwise made available under this section, the Secretary
may specify alternative requirements to any provision under title I of the Housing and Community Development Act of 1974
[42 U.S.C. 5301
et seq.] (except for those related
to fair housing, nondiscrimination, labor standards, and the environment) in accordance with the terms of this section and for the sole purpose of expediting the use of such funds.
shall provide written notice of its intent to exercise the authority to specify alternative requirements under paragraph (1) to the Committee on Banking, Housing and Urban Affairs of the Senate
and the Committee on Financial Services
of the House of Representatives
not later than 10 business days
before such exercise of authority is to occur.
“(3)Low and moderate income requirement.—
“(A)In general.—Notwithstanding the authority of the Secretary under paragraph (1)—
all of the funds
appropriated or otherwise made available under this section shall be used with respect to individuals and families whose income does not exceed 120 percent of area median income; and
not less than 25 percent of the funds
appropriated or otherwise made available under this section shall be used to house individuals or families whose incomes do not exceed 50 percent of area median income.
shall, by rule or order, ensure, to the maximum extent practicable and for the longest feasible
term, that the sale, rental, or redevelopment of abandoned and foreclosed upon homes
and residential properties under this section remain affordable to individuals or families described in subparagraph (A).
In consultation with the Secretary
of Housing and Urban Development,
the Comptroller General of the United States
shall conduct periodic audits to ensure that funds
appropriated, made available, or otherwise distributed under this section are being used in a manner consistent with the criteria provided in this section.
“SEC. 2302. NATIONWIDE DISTRIBUTION OF RESOURCES.
“Notwithstanding any other provision of this Act [see Short Title of 2008 Amendment note set out under section 1701 of Title 12] or the amendments made by this Act, each State shall receive not less than 0.5 percent of funds made available under section 2301 (relating to emergency assistance for the redevelopment of abandoned and foreclosed homes).
“SEC. 2303. LIMITATION ON USE OF FUNDS WITH RESPECT TO EMINENT DOMAIN.
“No State or unit of general local government may use any amounts received pursuant to section 2301 to fund any project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided, That for purposes of this section, public use shall not be construed to include economic development that primarily benefits private entities.
“SEC. 2304. LIMITATION ON DISTRIBUTION OF FUNDS.
“(a)In General.—None of the funds made available under this title or title IV [122 Stat. 2854] shall be distributed to—
“(b)Applicable Individuals Defined.—In this section, the term ‘applicable individual’ means an individual who—
employed by the organization in a permanent or temporary capacity;
contracted or retained by the organization; or
acting on behalf of, or with the express or apparent authority of, the organization; and
“SEC. 2305. COUNSELING INTERMEDIARIES.
“Notwithstanding any other provision of this Act [see Short Title of 2008 Amendment note set out under section 1701 of Title 12], the amount appropriated under section 2301(a) of this Act shall be $3,920,000,000 and the amount appropriated under section 2401 of this Act [122 Stat. 2854] shall be $180,000,000: Provided, That of the amount appropriated under section 2401 of this Act pursuant to this section, not less than 15 percent shall be provided to counseling organizations that target counseling services regarding loss mitigation to minority and low-income homeowners or provide such services in neighborhoods with high concentrations of minority and low-income homeowners: Provided further, That of amounts appropriated under such section 2401 $30,000,000 shall be used by the Neighborhood Reinvestment Corporation (referred to in this section as the ‘NRC’) to make grants to counseling intermediaries approved by the Department of Housing and Urban Development or the NRC to hire attorneys to assist homeowners who have legal issues directly related to the homeowner’s foreclosure, delinquency or short sale. Such attorneys shall be capable of assisting homeowners of owner-occupied homes with mortgages in default, in danger of default, or subject to or at risk of foreclosure and who have legal issues that cannot be handled by counselors already employed by such intermediaries: Provided further, That of the amounts provided for in the prior provisos the NRC shall give priority consideration to counseling intermediaries and legal organizations that (1) provide legal assistance in the 100 metropolitan statistical areas (as defined by the Director of the Office of Management and Budget) with the highest home foreclosure rates, and (2) have the capacity to begin using the financial assistance within 90 days after receipt of the assistance: Provided further, That no funds provided under this Act shall be used to provide, obtain, or arrange on behalf of a homeowner, legal representation involving or for the purposes of civil litigation: Provided further, That the NRC, in awarding counseling grants under section 2401 of this Act, may consider, where appropriate, whether the entity has implemented a written plan for providing in-person counseling and for making contact, including personal contact, with defaulted mortgagors, for the purpose of providing counseling or providing information about available counseling.”
[Pub. L. 111–203, § 1497(b)(1)(A), which directed amendment of section 2301(f)(3)(A)(ii) of Pub. L. 110–289, set out above, by striking out “for the purchase and redevelopment of abandoned and foreclosed upon homes or residential properties that will be used”, was executed by striking out “for the purchase and redevelopment of abandoned or foreclosed upon homes or residential properties that will be used” before “to house”, to reflect the probable intent of Congress.]
[Pub. L. 111–22, div. A, title I, § 105(b), May 20, 2009, 123 Stat. 1638, provided that:
“The amendment made by subsection (a) [amending section 2301 of Pub. L. 110–289
, set out above] shall take effect as if enacted on the date of enactment of the Foreclosure Prevention Act of 2008
(Public Law 110–289
) [July 30, 2008
Ex. Ord. No. 13853. Establishing the White House Opportunity and Revitalization Council
Ex. Ord. No. 13853, Dec. 12, 2018, 83 F.R. 65071, provided:
Section 1. Purpose. Fifty-two million Americans live in economically distressed communities. Despite the growing national economy, these communities are plagued by high poverty levels, failing schools, and a scarcity of jobs. In December 2017, I signed into law a bill originally introduced as the Tax Cuts and Jobs Act (Act) [title I of Pub. L. 115–97, see Tables for classification], which established a historic new Federal tax incentive that promotes long-term equity investments in low-income communities designated as “qualified opportunity zones” by the Governors of States or territories. In order to further facilitate such investment, my Administration will implement reforms that streamline existing regulations, protect taxpayers by optimizing use of Federal resources, stimulate economic opportunity and mobility, encourage entrepreneurship, expand quality educational opportunities, develop and rehabilitate quality housing stock, promote workforce development, and promote safety and prevent crime in urban and economically distressed communities.
This order establishes a White House Council to carry out my Administration’s plan to encourage public and private investment in urban and economically distressed areas, including qualified opportunity zones. The Council shall lead joint efforts across executive departments and agencies (agencies) to engage with State, local, and tribal governments to find ways to better use public funds to revitalize urban and economically distressed communities.
Sec. 2. Establishment. There is established a White House Opportunity and Revitalization Council (Council). The Council shall be chaired by the Secretary of Housing and Urban Development (HUD), or the Secretary’s designee. The Assistant to the President for Domestic Policy, or the designee of the Assistant to the President for Domestic Policy, shall serve as Vice Chair of the Council.
(a) Membership. In addition to the Chair and Vice Chair, the Council shall consist of the following members, or their designees:
(i) the Secretary of the Treasury;
(ii) the Attorney General;
(iii) the Secretary of the Interior;
(iv) the Secretary of Agriculture;
(v) the Secretary of Commerce;
(vi) the Secretary of Labor;
(vii) the Secretary of Health and Human Services;
(viii) the Secretary of Transportation;
(ix) the Secretary of Energy;
(x) the Secretary of Education;
(xi) the Administrator of the Environmental Protection Agency;
(xii) the Director of the Office of Management and Budget;
(xiii) the Administrator of the Small Business Administration;
(xiv) the Assistant to the President for Economic Policy;
(xv) the Chairman of the Council of Economic Advisers;
(xvi) the Chairman of the Council on Environmental Quality; and
(xvii) the heads of such other agencies, offices, or independent regulatory agencies as the Chair may, from time to time, designate or invite.
(b) Administration. The Vice Chair shall convene regular meetings of the Council, determine its agenda, and direct its work, all under the guidance of the Chair. The Department of Housing and Urban Development shall provide funding and administrative support for the Council to the extent permitted by law and within existing appropriations. The Secretary of HUD shall designate a HUD officer or employee to serve as the Executive Director of the Council, who shall be responsible for coordinating the Council’s work.
Sec. 3. Mission and Function of the Council. The Council shall, to the extent permitted by law, work across agencies, giving consideration to existing agency initiatives, to:
(a) assess the actions each agency can take under existing authorities to prioritize or focus Federal investments and programs on urban and economically distressed communities, including qualified opportunity zones;
(b) assess the actions each agency can take under existing authorities to minimize all regulatory and administrative costs and burdens that discourage public and private investment in urban and economically distressed communities, including qualified opportunity zones;
(c) regularly consult with officials from State, local, and tribal governments and individuals from the private sector to solicit feedback on how best to stimulate the economic development of urban and economically distressed areas, including qualified opportunity zones;
(d) coordinate Federal interagency efforts to help ensure that private and public stakeholders—such as investors; business owners; institutions of higher education (including Historically Black Colleges and Universities, as defined by 50 U.S.C. 3224(g)(2), and tribally controlled colleges and universities, as defined by 25 U.S.C. 1801(a)(4)); K–12 education providers; early care and education providers; human services agencies; State, local, and tribal leaders; public housing agencies; non-profit organizations; and economic development organizations—can successfully develop strategies for economic growth and revitalization;
(e) recommend policies that would:
(i) reduce and streamline regulatory and administrative burdens, including burdens on applicants applying for multiple Federal assistance awards;
(ii) help community-based applicants, including recipients of investments from qualified opportunity funds, identify and apply for relevant Federal resources; and
(iii) make it easier for recipients to receive and manage multiple types of public and private investments, including by aligning certain program requirements;
(f) evaluate the following:
(i) whether and how agencies can prioritize support for urban and economically distressed areas, including qualified opportunity zones, in their grants, financing, and other assistance;
(ii) appropriate methods for Federal cooperation with and support for States, localities, and tribes that are innovatively and strategically facilitating economic growth and inclusion in urban and economically distressed communities, including qualified opportunity zones, consistent with preserving State, local, and tribal control;
(iii) whether and how to develop an integrated web-based tool through which entrepreneurs, investors, and other stakeholders can see the full range of applicable Federal financing programs and incentives available to projects located in urban and economically distressed areas, including qualified opportunity zones;
(iv) whether and how to consider urban and economically distressed areas, including qualified opportunity zones, as possible locations for Federal buildings, through consultation with the General Services Administration;
(v) whether and how Federal technical assistance, planning, financing tools, and implementation strategies can be coordinated across agencies to assist communities in addressing economic problems, engaging in comprehensive planning, and advancing regional collaboration; and
(vi) what data, metrics, and methodologies can be used to measure the effectiveness of public and private investments in urban and economically distressed communities, including qualified opportunity zones.
Sec. 4. Reports. The Assistant to the President for Domestic Policy shall, on behalf of the Council, be responsible for submitting to the President:
(a) Within 90 days of the date of this order [Dec. 12, 2018], a detailed work plan for how, and by when, the Council will accomplish the goals detailed in section 3 of this order;
(b) Within 210 days of the date of this order, a list of recommended changes to Federal statutes, regulations, policies, and programs that would encourage public and private investment in urban and economically distressed communities, including qualified opportunity zones;
(c) Within 1 year of the date of this order, a list of recommended changes to Federal statutes, regulations, policies, and programs that would help State, local, and tribal governments to better identify, use, and administer Federal resources in urban and economically distressed communities, including qualified opportunity zones;
(d) Within 1 year of the date of this order, a list of best practices that could be integrated into public and private investments in urban and economically distressed communities, including qualified opportunity zones, in order to increase economic growth, encourage new business formation, and revitalize communities; and
(e) Any subsequent reports that the President may request or that the Council may deem appropriate.
Sec. 5. Amendments to Executive Order 13845. [Amended Ex. Ord. No. 13845, set out as a note under section 3101 of Title 29, Labor.]
Sec. 6. General Provisions. (a) The heads of agencies shall assist and provide information to the Council, consistent with applicable law, as may be necessary for the Council to carry out its functions.
(b) The heads of agencies shall consider the reports and recommendations of the Council in carrying out their responsibilities related to urban and economically distressed communities.
(c) The Council shall terminate on January 21, 2021, unless extended by the President.
(d) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(e) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.