---
kind: "section"
citation: "42 U.S.C. § 12749"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12749"
heading: "Repayment of investment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12749"
units:
  - "Chapter 130 — National Affordable Housing"
  - "Subchapter II — Investment in Affordable Housing"
  - "Part A — HOME Investment Partnerships"
---

# §12749. Repayment of investment

- (a) **In general—** Any repayment of funds drawn from a [jurisdiction](/usc/42/12704.md?p=3)’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](/usc/42/12704.md?p=3)’s HOME Investment Trust Fund, except that, if the [jurisdiction](/usc/42/12704.md?p=3) is not a [participating jurisdiction](/usc/42/12704.md?p=4) 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](/usc/42/12747.md?p=d).
- (b) **Assurance of repayment—** Each [participating jurisdiction](/usc/42/12704.md?p=4) shall enter into an agreement with the [Secretary](/usc/42/12704.md?p=16) ensuring that funds invested in affordable [housing](/usc/42/12704.md?p=8) under this part are repayable when the [housing](/usc/42/12704.md?p=8) no longer qualifies as affordable [housing](/usc/42/12704.md?p=8). Any repayment under the previous sentence shall be for deposit in the HOME Investment Trust Fund of the [jurisdiction](/usc/42/12704.md?p=3) making the investment; except that if such [jurisdiction](/usc/42/12704.md?p=3) is not a [participating jurisdiction](/usc/42/12704.md?p=4) when such repayment is made, the amount of such repayment shall be reallocated in accordance with [section 12747(d) of this title](/usc/42/12747.md?p=d).
- (c) **Availability—** The [Secretary](/usc/42/12704.md?p=16) 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](/usc/42/12704.md?p=4) for investment subject to the provisions of this part that apply to funds that are allocated under [section 12747 of this title](/usc/42/12747.md). Actions authorized under the preceding sentence may include authorizing the establishment for a [participating jurisdiction](/usc/42/12704.md?p=4) of a HOME Investment Trust Fund account outside of the Federal Government that, under arrangements satisfactory to the [Secretary](/usc/42/12704.md?p=16), shall be used solely to invest in affordable [housing](/usc/42/12704.md?p=8) within the [participating jurisdiction](/usc/42/12704.md?p=4)’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.

## Source credit

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