42 USC 5323: Preservation and reinvestment for community enhancement
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42 USC 5323: Preservation and reinvestment for community enhancement Text contains those laws in effect on July 25, 2026
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 69-COMMUNITY DEVELOPMENT

§5323. Preservation and reinvestment for community enhancement

(a) Definitions

In this section:

(1) Community development financial institution

The term "community development financial institution" means an institution that has been certified as a community development financial institution (as defined in section 4702 of title 12) by the Secretary of the Treasury.

(2) Eligible manufactured housing community

The term "eligible manufactured housing community" means a manufactured housing community that-

(A) is affordable to low- and moderate-income persons, as determined by the Secretary, but not more than 120 percent of the area median income; and

(B)(i) is owned by the residents of the manufactured housing community through a resident-controlled entity such as a resident-owned cooperative; or

(ii) will be maintained as such a community, and remain affordable for low- and moderate-income persons, to the maximum extent practicable and for the longest period feasible.

(3) Eligible recipient

The term "eligible recipient" means-

(A) an eligible manufactured housing community;

(B) a unit of general local government;

(C) a housing authority;

(D) a resident-owned community;

(E) a resident-owned cooperative;

(F) a nonprofit entity with housing expertise or a consortium of such entities;

(G) a community development financial institution;

(H) an Indian tribe;

(I) a tribally designated housing entity;

(J) the Department of Hawaiian Home Lands;

(K) a State; or

(L) any other entity that is-

(i) an owner-operator of an eligible manufactured housing community; and

(ii) working with an eligible manufactured housing community.

(4) Indian tribe

The term "Indian tribe" has the meaning given the term "Indian tribe" in section 4103 of title 25.

(5) Manufactured housing community

The term "manufactured housing community" means-

(A) any community, court, park, or other land under unified ownership developed and accommodating, or equipped to accommodate, the placement of manufactured homes, where-

(i) spaces within such community are or will be primarily used for residential occupancy;

(ii) all homes within the community are used for permanent occupancy; and

(iii) a majority of such occupied spaces within the community are occupied by manufactured homes, which may include homes constructed prior to enactment of the Manufactured Home Construction and Safety Standards; or


(B) any community that meets the definition of manufactured housing community used for programs similar to the program under this section.

(6) Resident health, safety, and accessibility activities

The term "resident health, safety, and accessibility activities" means the reconstruction, repair, or replacement of manufactured housing and manufactured housing communities to-

(A) protect the health and safety of residents;

(B) address weatherization and reduce utility costs; or

(C) address accessibility needs for residents with disabilities.

(7) Tribally designated housing entity

The term "tribally designated housing entity" has the meaning given the term in section 4103 of title 25.

(b) Establishment

There is authorized a competitive grant program that the Secretary shall, by notice, carry out to make awards utilizing funds appropriated for such purpose to eligible recipients to carry out eligible projects for development of or improvements to eligible manufactured housing communities.

(c) Eligible projects

(1) In general

Amounts from grants under this section may be used for-

(A) community infrastructure, facilities, utilities, and other land improvements in or serving an eligible manufactured housing community;

(B) reconstruction or repair of existing housing within an eligible manufactured housing community;

(C) replacement of homes within an eligible manufactured housing community;

(D) planning;

(E) resident health, safety, and accessibility activities in homes in an eligible manufactured housing community;

(F) land and site acquisition and infrastructure for expansion or construction of an eligible manufactured housing community;

(G) resident and community services, including relocation assistance, eviction prevention, and down payment assistance; and

(H) any other activity that-

(i) is approved by the Secretary consistent with the requirements under this section;

(ii) improves the overall living conditions of an eligible manufactured housing community, which may include the addition or enhancement of shared spaces such as community centers, recreational areas, or other facilities that support resident well-being and community engagement; and

(iii) is necessary to protect the health and safety of the residents of the eligible manufactured housing community and the long-term affordability and sustainability of the community.

(2) Replacement

For purposes of subparagraphs (B) and (C) of paragraph (1), grants under this section-

(A) may not be used for rehabilitation or modernization of units that were built before June 15, 1976; and

(B) may only be used for disposition and replacement of units described in subparagraph (A), provided that any replacement housing complies with the Manufactured Home Construction and Safety Standards or is another allowed type of home, as determined by the Secretary.

(d) Priority

In awarding grants under this section, the Secretary shall prioritize applicants that will carry out activities that primarily benefit low- and moderate-income residents and preserve long-term housing affordability for residents of eligible manufactured housing communities.

(e) Waivers

The Secretary may waive or specify alternative requirements for any provision of law or regulation that the Secretary administers in connection with use of amounts made available under this section other than requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is not inconsistent with the overall purposes of this section and that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section.

(f) Implementation

(1) In general

Any grant made under this section shall be made pursuant to criteria for selection of recipients of such grants that the Secretary shall by regulation establish and publish together with any notification of availability of amounts under this section.

(2) Set-aside of grant amounts

The Secretary may set aside amounts provided under this section for grants to Indian tribes, tribally designated housing entities, and the Department of Hawaiian Home Lands.

(g) Sunset

The program established under this section shall terminate on the date that is 7 years after July 11, 2026.

(Pub. L. 93–383, title I, §123, as added Pub. L. 119–101, title III, §304(a)(2), July 11, 2026, 140 Stat. 894 .)


Statutory Notes and Related Subsidiaries

Application of Grant Program

Pub. L. 119–101, title III, §304(b), July 11, 2026, 140 Stat. 897 , provided that: "Grants made under section 123 of the Housing and Community Development Act of 1974 [42 U.S.C. 5323], as added by subsection (a)[(2)], after the date of enactment of this Act [July 11, 2026] shall be carried out using amounts appropriated after the date of enactment of this Act."