42 U.S.C. § 12898a: Enterprise zone homeownership opportunity grants

to encourage homeownership by families in the United States who are not otherwise able to afford homeownership; to encourage the redevelopment of economically depressed areas; and to provide better housing opportunities in federally approved and equivalent State-approved enterprise zones. The term “home” means any 1- to 4-family dwelling. Such term includes any dwelling unit in a condominium project or cooperative project consisting of not more than 4 dwelling units, any town house, and any manufactured home. The term “metropolitan statistical area” means a metropolitan statistical area as established by the Office of Management and Budget. The term “nonprofit organization” means a private nonprofit corporation, or other private nonprofit legal entity, that is approved by the Secretary as to financial responsibility. The term “Secretary” means the Secretary of Housing and Urban Development. The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. The term “unit of general local government” means any borough, city, county, parish, town, township, village, or other general purpose political subdivision of a State. The Secretary may provide assistance to nonprofit organizations to carry out enterprise zone homeownership opportunity programs to promote homeownership in federally approved and equivalent State-approved enterprise zones in accordance with the provisions of this section. Such assistance shall be made in the form of grants. Applications for assistance under this section shall be made in such form, and in accordance with such procedures, as the Secretary may prescribe. Any nonprofit organization receiving assistance under this section shall use such assistance to provide loans to families purchasing homes constructed or rehabilitated in accordance with an enterprise zone homeownership opportunity program approved under this section. be secured by a second mortgage held by the Secretary on the property involved; be in an amount not exceeding $15,000; bear no interest; and be repayable to the Secretary upon the sales, lease, or other transfer of such property. Assistance provided under this section may be used only in connection with an enterprise zone homeownership opportunity program of construction or rehabilitation of homes. have a family income on the date of such purchase that is not more than the median income for a family of 4 persons (adjusted for family size) in the metropolitan statistical area in which a federally approved or equivalent State-approved enterprise zone is located; and not have owned a home during the 3-year period preceding such purchase. Each family purchasing a home under this section shall make a downpayment of not less than 5 percent of the sale price of such home. No family purchasing a home under this section may lease such home. it has consulted with and received the support of residents of the neighborhood in which such program is to be located; and it has the approval of each unit of general local government in which such program is to be located. Each applicant for assistance under this section shall submit to the Secretary an estimated schedule for completion of its proposed enterprise zone homeownership opportunity program, which schedule shall have been agreed to by each unit of general local government in which such program is to be located. All homes constructed or rehabilitated under such program will be located in federally approved or equivalent State-approved enterprise zones. Sales contracts entered into under such program will contain provisions requiring repayment of any loan made under this section upon the sale or other transfer of the home involved, unless the Secretary approves a transfer of such home without repayment (in which case the second mortgage held by the Secretary on such home shall remain in force until such loan is fully repaid). non-Federal public or private entities will contribute land necessary to make each program feasible; non-Federal public and private financial or other contributions (including tax abatements, waivers of fees related to development, waivers of construction, development, or zoning requirements, and direct financial contributions) will reduce the cost of home 1 constructed or rehabilitated under each program; 1 So in original. Probably should be “homes”. each program will produce the greatest number of units for the least amount of assistance provided under this section, taking into consideration the cost differences among different market areas; and each program provides for the involvement of local residents in the planning, and construction or rehabilitation, of homes. To the extent that non-Federal public entities are prohibited by the law of any State from making any form of contribution described in subparagraph (A) or (B) of paragraph (1), the Secretary shall not consider such form of contribution in evaluating such program. Not later than 180 days after October 28, 1992 , the Secretary shall issue final regulations to carry out the provisions of this title. 2 Any such regulations shall be issued in accordance with 2 So in original. Probably should be “this section.” section 553 of title 5 , notwithstanding the provisions of subsection (a)(2) of such section. There are authorized to be appropriated to carry out this section $30,000,000 in each of fiscal years 1993 and 1994.