Page:United States Statutes at Large Volume 104 Part 5.djvu/779

 PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4101 tions, developers, nonprofit organizations, and other interested parties; and (6) encourage the use of such model programs to achieve efficiency, economies of scale, and effectiveness in the investment of funds made available under this subtitle through thirdparty training, printed materials, and such other means of support as the Secretary determines will achieve the purpose of this title. Ob) ADOPTION OF PROGRAMS. —Except as provided in section 223(2), each participating jurisdiction shall have the discretion to adopt one or more model programs, adapt one or more model programs to its own requirements, design additional forms of assistsmce by itself or in cooperation with other participating jurisdictions, and suggest additional model programs for adoption by the Secretary as the participating jurisdiction may deem appropriate, and the Secretary may assist a participating jurisdiction in adopting, adapting, or designing one or more model programs. (c) SUBTITLE D PROGRAMS.—The selection of model programs to be made available for adoption or adaptation shall include programs meeting the criteria set forth in subtitle D. SEC. 214. INCOME TARGETING. 42 USC 12744. Each participating jurisdiction shall invest funds made available under this subtitle within each fiscal year so that— (1) with respect to rental assistance and rental units— (A) not less than -90 percent of such funds are invested with respect to dwelling units that are occupied by families whose incomes do not exceed 60 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 60 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 cost or fair market rent, or unusually high or low family income) at the time of occupancy or at the time funds are invested, whichever is later, and (B) the remainder of such funds are invested with respect to dwelling units that are occupied by households that qualify as low-income families (other than families described in subparagraph (A)) at the time of occupancy or at the time funds are invested, whichever is later; (2) with respect to homeownership assistance, 100 percent of such funds are invested with respect to dwelling units that are occupied by households that qualify as low-income families at the time of occupancy or at the time funds are invested, whichever is later; and (3) all such funds are invested with respect to housing that qualifies as affordable housing under section 215. SEC. 215. QUALIFICATION AS AFFORDABLE HOUSING. 42 USC 12745. (a) RENTAL HOUSING. — (1) QUALIFICATION.— Housing that is for rental shall qualify as affordable housing under this title only if the housing— (A) bears rents not greater than the lesser of (i) the existing fair market rent for comparable units in the area as established by the Secretary under section 8 of the

�