42 U.S.C. § 12704 : US Code - Section 12704: Definitions

Search 42 U.S.C. § 12704 : US Code - Section 12704: Definitions

As used in this subchapter and in subchapter II of this chapter:
(1) The term "unit of general local government" 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
section 12746(2) of this title; 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.
(2) The term "State" 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.
(3) The term "jurisdiction" means a State or unit of general
local government.
(4) The term "participating jurisdiction" means any State or
unit of general local government that has been so designated in
accordance with section 12746 of this title.
(5) The term "nonprofit organization" means any private,
nonprofit organization (including a State or locally chartered,
nonprofit organization) that -
(A) is organized under State or local laws,
(B) has no part of its net earnings inuring to the benefit of
any member, founder, contributor, or individual,
(C) complies with standards of financial accountability
acceptable to the Secretary, and
(D) has among its purposes significant activities related to
the provision of decent housing that is affordable to low-
income and moderate-income persons.
(6) The term "community housing development organization" means
a nonprofit organization as defined in paragraph (5), that -
(A) has among its purposes the provision of decent housing
that is affordable to low-income and moderate-income persons;
(B) maintains, through significant representation on the
organization's 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;
(C) has a demonstrated capacity for carrying out activities
assisted under this Act; and
(D) has a history of serving the local community or
communities within which housing to be assisted under this Act
is to be located.
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's
governing board low-income persons residing in each county
served.
(7) The term "government-sponsored mortgage finance
corporations" means the Federal National Mortgage Association,
the Federal Home Loan Mortgage Corporation, and the Federal
Agricultural Mortgage Corporation.
(8) The term "housing" 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.
(9) The term "very low-income families" 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's findings that such variations are necessary because
of prevailing levels of construction costs or fair market rents,
or unusually high or low family incomes.
(10) The term "low-income families" 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's findings that such
variations are necessary because of prevailing levels of
construction costs or fair market rents, or unusually high or low
family incomes.
(11) The term "families" has the same meaning given that term
by section 1437a of this title.
(12) The term "security" has the same meaning as in section 77b
of title 15.
(13) The term "displaced homemaker" means an individual who -
(A) is an adult;
(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
(C) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
(14) The term "first-time homebuyer" 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 of this chapter, except that -
(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;
(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
(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 -
(i) not permanently affixed to a permanent foundation in
accordance with local or other applicable regulations, or
(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.
(15) The term "single parent" means an individual who -
(A) is unmarried or legally separated from a spouse; and
(B)(i) has 1 or more minor children for whom the individual
has custody or joint custody; or
(ii) is pregnant.
(16) The term "Secretary" means the Secretary of Housing and
Urban Development, unless otherwise specified in this Act.
(17) The term "substantial rehabilitation" means the
rehabilitation of residential property at an average cost in
excess of $25,000 per dwelling unit.
(18) The term "public housing agency" has the meaning given the
term in section 1437a(b) of this title.
(19) The term "metropolitan city" has the meaning given the
term in section 5302(a)(4) of this title.
(20) The term "urban county" has the meaning given the term in
section 5302(a)(6) of this title.
(21) The term "certification" 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.
(23) (!1) The term "to demonstrate to the Secretary" 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.
(24) (!2) The term "insular area" means any of the following:
Guam, the Northern Mariana Islands, the Virgin Islands, and
American Samoa.
(24) (!2) The term "energy efficient mortgage" 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.
(25) The term "energy efficient mortgage" 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.