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42 U.S.C. ch. 130 (§§ 12701–12841) — Cranston-Gonzalez National Affordable Housing Act (incl. HOME Investment Partnerships Act, §§ 12741–12756)

§12749. Repayment of investment

42 U.S.C. ch. 130 (§§ 12701–12841) — Cranston-Gonzalez National Affordable Housing Act (incl. HOME Investment Partnerships Act, §§ 12741–12756) · 2026 edition · updated 2026-07-29 · United States

(a) In general

Any repayment of funds drawn from a jurisdiction's HOME Investment Trust Fund, and any payment of interest or other return on the investment of such funds, shall be deposited in such jurisdiction's HOME Investment Trust Fund, except that, if the jurisdiction is not a participating jurisdiction when such payment or repayment is made, the amount of such payment or repayment shall be reallocated in accordance with section 12747(d) of this title.

(b) Assurance of repayment

Each participating jurisdiction shall enter into an agreement with the Secretary ensuring that funds invested in affordable housing under this part are repayable when the housing no longer qualifies as affordable housing. Any repayment under the previous sentence shall be for deposit in the HOME Investment Trust Fund of the jurisdiction making the investment; except that if such jurisdiction is not a participating jurisdiction when such repayment is made, the amount of such repayment shall be reallocated in accordance with section 12747(d) of this title.

(c) Availability

The Secretary shall take such actions as are necessary to ensure that any repayments deposited in a HOME Investment Trust Fund in accordance with this section shall be immediately available to the participating jurisdiction for investment subject to the provisions of this part that apply to funds that are allocated under section 12747 of this title. Actions authorized under the preceding sentence may include authorizing the establishment for a participating jurisdiction of a HOME Investment Trust Fund account outside of the Federal Government that, under arrangements satisfactory to the Secretary, shall be used solely to invest in affordable housing within the participating jurisdiction's boundaries in accordance with the provisions of this subchapter. Such accounts shall be established in such a manner that repayments are not receipts or collections of the Federal Government.

(Pub. L. 101–625, title II, §219, Nov. 28, 1990, 104 Stat. 4110.)

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▸ Contents — 42 U.S.C. ch. 130 (§§ 12701–12841) — Cranston-Gonzalez National Affordable Housing Act (incl. HOME Investment Partnerships Act, §§ 12741–12756)
42 U.S.C. ch. 130 (§§ 12701–12841) — Cranston-Gonzalez National Affordable Housing Act (incl. HOME Investment Partnerships Act, §§ 12741–12756)
  1. ▸ 42 U.S.C. ch. 130 (§§ 12701–12841) — Cranston-Gonzalez Nationa…
    Overview
    1. §12721. Findings
    2. §12722. Purposes
    3. §12723. Coordinated Federal support for housing strategies
    4. §12724. Authorization of program
    5. §12725. Notice
    6. §12741. Authority
    7. §12742. Eligible uses of investment
    8. §12743. Development of model programs
    9. §12744. Income targeting
    10. §12745. Qualification as affordable housing
    11. §12746. Participation by States and local governments
    12. §12747. Allocation of resources
    13. §12748. HOME Investment Trust Funds
    14. §12749. Repayment of investment
    15. §12750. Matching requirements
    16. §12751. Private-public partnership
    17. §12752. Distribution of assistance
    18. §12753. Program enforcement and penalties for noncompliance
    19. §12754. Limitation on jurisdictions under court order
    20. §12755. Tenant and participant protections
    21. §12756. Monitoring of compliance
    22. §12757. Revitalizing empty structures into desirable environme…
    23. §12771. Set-aside for community housing development organizati…
    24. §12772. Project-specific assistance to community housing devel…
    25. §12773. Housing education and organizational support
    26. §12774. Other requirements
    27. §12781. Authority
    28. §12782. Priorities for capacity development
    29. §12783. Conditions of contracts
    30. §12784. Research in housing affordability
    31. §12785. REACH: asset recycling information dissemination
    32. §12801. General authority
    33. §12802. Rental housing production
    34. §12803. Rental rehabilitation
    35. §12804. Rehabilitation loans
    36. §12805. Sweat equity model program
    37. §12806. Home repair services grants for older and disabled hom…
    38. §12807. Low-income housing conservation and efficiency grant p…
    39. §12808. Second mortgage assistance for first-time homebuyers
    40. §12809. Rehabilitation of State and local government in rem pr…
    41. §12810. Cost-saving building technologies and construction tec…
    42. §12821. Omitted
    43. §12831. Equal opportunity
    44. §12832. Nondiscrimination
    45. §12833. Audits by Comptroller General
    46. §12834. Uniform recordkeeping and reports to Congress
    47. §12835. Citizen participation
    48. §12836. Labor
    49. §12837. Interstate agreements
    50. §12838. Environmental review
    51. §12839. Termination of existing housing programs
    52. §12840. Suspension of requirements for disaster areas
    53. §12841. Nonapplicability of certain requirements for small pro…

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