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42 USC § 12771 - Set-aside for community housing development organizations

---
identifier: "/us/usc/t42/s12771"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 12771 - Set-aside for community housing development organizations"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "12771"
section_name: "Set-aside for community housing development organizations"
chapter_number: 130
chapter_name: "NATIONAL AFFORDABLE HOUSING"
subchapter_number: "II"
subchapter_name: "INVESTMENT IN AFFORDABLE HOUSING"
part_number: "B"
part_name: "Community Housing Partnership"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 101–625, title II, § 231, Nov. 28, 1990, 104 Stat. 4114; Pub. L. 102–550, title II, § 212(a), (b), Oct. 28, 1992, 106 Stat. 3757.)"
---

# § 12771. Set-aside for community housing development organizations

**(a)** **In general** For a period of 24 months after funds under part A are made available to a jurisdiction, the jurisdiction shall reserve not less than 15 percent of such funds for investment only in housing to be developed, sponsored, or owned by community housing development organizations. Each participating jurisdiction shall make reasonable efforts to identify community housing development organizations that are capable or can reasonably be expected to become capable of carrying out elements of the jurisdiction’s housing strategy and to encourage such community housing development organizations to do so. If during the first 24 months of its participation under this subchapter, a participating jurisdiction is unable to identify a sufficient number of capable community housing development organizations, then up to 20 percent of the funds allocated to that jurisdiction under this section, but not to exceed $150,000, may be made available to carry out activities that develop the capacity of community housing development organizations in that jurisdiction. A participating jurisdiction is authorized to enter into contracts with community housing development organizations to carry out this section.

**(b)** **Recapture and reuse** section 12773 of this title

If any funds reserved under subsection (a) remain uninvested for a period of 24 months, then the Secretary shall deduct such funds from the line of credit in the participating jurisdiction’s HOME Investment Trust Fund and make such funds available by direct reallocation (1) to other participating jurisdictions for affordable housing developed, sponsored or owned by community housing development organizations, or (2) to nonprofit intermediary organizations to carry out activities that develop the capacity of community housing development organizations consistent with , with preference to community housing development organizations serving the jurisdiction from which the funds were recaptured.

**(c)** **Direct reallocation criteria** section 12747(c) of this title

Insofar as practicable, direct reallocations under this section shall be made according to the selection criteria established under .

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**Source Credit**: (Pub. L. 101–625, title II, § 231, Nov. 28, 1990, 104 Stat. 4114; Pub. L. 102–550, title II, § 212(a), (b), Oct. 28, 1992, 106 Stat. 3757.)

## Editorial Notes

### Amendments

1992—Subsec. (a).  substituted “24” for “18” in first sentence and inserted after second sentence “If during the first 24 months of its participation under this subchapter, a participating jurisdiction is unable to identify a sufficient number of capable community housing development organizations, then up to 20 percent of the funds allocated to that jurisdiction under this section, but not to exceed $150,000, may be made available to carry out activities that develop the capacity of community housing development organizations in that jurisdiction.”

Subsec. (b). , substituted “24” for “18”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1992 Amendment

Amendment by  applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see , set out as a note under .