**(a) Purpose** The purposes of this section are to provide assistance to restore or maintain the financial soundness, to assist in the improvement of the management, to permit capital improvements to be made to maintain certain projects as decent, safe, and sanitary housing, and to maintain the low- to moderate-income character of certain projects assisted or approved for assistance under the National Housing Act [[12 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701&num=0&edition=prelim) et seq.], the United States Housing Act of 1937 [[42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.], the Housing Act of 1959, or the Housing and Urban Development Act of 1965, without regard to whether such projects are insured under the National Housing Act.
**(b) Availability of financial assistance** The Secretary of Housing and Urban Development (hereinafter referred to in this section as the “Secretary”) may make available, and contract to make available, to such extent and in such amounts as may be approved in appropriation Acts, financial assistance to owners of rental or cooperative housing projects meeting the requirements of this section. Such assistance shall be made on an annual basis and in accordance with the provisions of this section, without regard to whether such projects are insured under the National Housing Act [[12 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701&num=0&edition=prelim) et seq.].
**(c) Eligibility for financial assistance** A rental or cooperative housing project is eligible for assistance under this section only if such project—
(1)
(A) is assisted under section 236 [[12 U.S.C.
File SHA-256: 0f968f8b179b0a556c025ba067584ef920952b8cf85c6100b4de4374f16d5888. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
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Stable record: federal_law:legal_authorities:record_usc_f0da530bcef18508d7dc640a Source file: Laws/federal/codes/united-states-code/title-12/section-1735f-assistance-for-troubled-multifamily-housing-projects--8e6854e0ee.md Pages: Not recorded – Not recorded Passage SHA-256: 1f0e155f958aeb7a75eb782ee330938729412d779b7752c5d5a90a2fc0c2c5aa Retained source evidence SHA-256: 0f968f8b179b0a556c025ba067584ef920952b8cf85c6100b4de4374f16d5888
Source location: Title 12, Chapter 13, § 1735f; chapter-013-national-housing.md
Stored source content
**(a) Purpose** The purposes of this section are to provide assistance to restore or maintain the financial soundness, to assist in the improvement of the management, to permit capital improvements to be made to maintain certain projects as decent, safe, and sanitary housing, and to maintain the low- to moderate-income character of certain projects assisted or approved for assistance under the National Housing Act [[12 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701&num=0&edition=prelim) et seq.], the United States Housing Act of 1937 [[42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.], the Housing Act of 1959, or the Housing and Urban Development Act of 1965, without regard to whether such projects are insured under the National Housing Act.
**(b) Availability of financial assistance** The Secretary of Housing and Urban Development (hereinafter referred to in this section as the “Secretary”) may make available, and contract to make available, to such extent and in such amounts as may be approved in appropriation Acts, financial assistance to owners of rental or cooperative housing projects meeting the requirements of this section. Such assistance shall be made on an annual basis and in accordance with the provisions of this section, without regard to whether such projects are insured under the National Housing Act [[12 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701&num=0&edition=prelim) et seq.].
**(c) Eligibility for financial assistance** A rental or cooperative housing project is eligible for assistance under this section only if such project—
(1)
(A) is assisted under section 236 [[12 U.S.C. 1715z–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715z-1&num=0&edition=prelim)] or the proviso of section 221(d)(5) of the National Housing Act [[12 U.S.C. 1715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715&num=0&edition=prelim)l(d)(5)], or under section 101 of the Housing and Urban Development Act of 1965 [[12 U.S.C. 1701s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701s&num=0&edition=prelim)], or received a loan under section 202 of the Housing Act of 1959 [[12 U.S.C. 1701q](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701q&num=0&edition=prelim)] more than 15 years before the date on which assistance is made available under this section;
(B) is assisted under section 23 of the United States Housing Act of 1937 [[42 U.S.C. 1421b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1421b&num=0&edition=prelim)], as in effect immediately before January 1, 1975, section 8 of the United States Housing Act of 1937 [[42 U.S.C. 1437f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim)] following conversion to such assistance from assistance under section 236 of the National Housing Act [[12 U.S.C. 1715z–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715z-1&num=0&edition=prelim)] or section 101 of the Housing and Urban Development Act of 1965 [[12 U.S.C. 1701s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701s&num=0&edition=prelim)]; or
(C) met the criteria specified in subparagraph (A) of this paragraph before the acquisition of such project by the Secretary and has been sold by the Secretary, subject to a mortgage insured or held by the Secretary and subject to an agreement (in effect during the period of assistance under this section) which provides that the low- and moderate-income character of the project will be maintained; except that, with respect to projects sold after October 1, 1978, assistance shall be available for a period not to exceed three years; and
(2) meets such other requirements consistent with the purposes of this section as the Secretary may prescribe.
**(d) Criteria for granting financial assistance** No assistance may be made available under this section unless the Secretary has determined that—
(1) such assistance, when considered with other resources available to the project, is necessary and, in the determination of the Secretary, will restore or maintain the financial or physical soundness of the project and maintain the low- and moderate-income character of the project, and the owner has agreed to maintain the low- and moderate-income character of such project for a period at least equal to the remaining term of the project mortgage;
(2) the assistance which could reasonably be expected to be provided over the useful life of the project will be less costly to the Federal Government than other reasonable alternatives by which the Secretary could maintain the low- and moderate-income character of the project;
(3) the owner of the project, together with the mortgagee in the case of a project not insured under the National Housing Act [[12 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701&num=0&edition=prelim) et seq.], has provided or has agreed to provide assistance to the project in such manner as the Secretary may determine;
(4) the project is or can reasonably be made structurally sound, as determined on the basis of information obtained as a result of an onsite inspection of the project;
(5) the management of the project is being conducted by persons who meet minimum levels of competency and experience prescribed by the Secretary;
(6) the project is being operated and managed in accordance with a management-improvement-and-operating plan which is designed to reduce the operating costs of the project, which has been approved by the Secretary, and which includes the following: (A) a detailed maintenance schedule; (B) a schedule for correcting past deficiencies in maintenance, repairs, and replacements; (C) a plan to upgrade the project to meet cost-effective energy efficiency standards prescribed by the Secretary; (D) a plan to improve financial and management control systems; (E) a detailed annual operating budget taking into account such standards for operating costs in the area as may be determined by the Secretary; and (F) such other requirements as the Secretary may determine; except that the Secretary may excuse an owner from compliance with the plan requirement set forth in this paragraph in any case in which such owner seeks only assistance for capital improvements under this section; and except that the Secretary shall review and approve or disapprove each plan not later than the expiration of the 30-day period beginning upon the date of submission of the plan to the Secretary by the owner, but if the Secretary fails to inform the owner of approval or disapproval of the plan within such period the plan shall be considered to have been approved;
(7) all reasonable attempts have been made to take all appropriate actions and provide suitable housing for project residents;
(8) the project has a feasible plan to involve the residents in project decisions;
(9) the affirmative fair housing marketing plan meets applicable requirements; and
(10) the owner certifies that it will comply with various equal opportunity statutes.
**(e) Consultation with local officials** Prior to making assistance available to a project, the Secretary shall consult with the appropriate officials of the unit of local government in which such project is located and seek assurances that—
(1) the community in which the project is located is or will provide essential services to the project in keeping with the community’s general level of such services;
(2) the real estate taxes on the project are or will be no greater than would be the case if the property were assessed in a manner consistent with normal property assessment procedures for the community; and
(3) assistance to the project under this section would not be inconsistent with local plans and priorities.
**(f) Amount of financial assistance**
(1) The Secretary may, with respect to any year, provide assistance under this section, and make commitments to provide such assistance, with respect to any project (except a project assisted only for capital improvements) in any amount which the Secretary determines is consistent with the project’s management-improvement-and-operating plan described in subsection (d)(6) and which does not exceed the sum of—
(A) an amount determined by the Secretary to be necessary to correct deficiencies in the project which exist at the beginning of the first year with respect to which assistance is made available for the project under this section, which were caused by the deferral of regularly scheduled maintenance and repairs or the failure to make necessary and timely replacements of equipment and other components of the project, and for which payment has not previously been made;
(B) an amount determined by the Secretary to be necessary to maintain the low- and moderate-income character of the project by reducing deficiencies, which exist at the beginning of the first year with respect to which assistance is made available for the project under this section and for which payment has not previously been made, in the reserve funds established by the project owner for the purpose of replacing capital items;
(C) an amount not greater than the amount by which the estimated operating expenses (as described in paragraph (2) of this subsection) for the year with respect to which such assistance is made available exceeds the estimated revenues to be received (as described in paragraph (2) of this subsection) by the project during such year; and
(D) an amount determined by the Secretary to be necessary to carry out a plan to upgrade the project to meet cost-effective energy efficiency standards prescribed by the Secretary.
(2) The estimated revenues for any project under paragraph (1)(C) of this subsection with respect to any year shall be equal to the sum of—
(A) the estimated amount of rent which is to be expended by the tenants of such project during such year, as determined by the Secretary without regard to section 236(f)(1) of the National Housing Act [[12 U.S.C. 1715z–1(f)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715z–1/f/1&num=0&edition=prelim)];
(B) the estimated amount of rental assistance payments to be made on behalf of such tenants during such year, other than assistance made under this section;
(C) the estimated amount of assistance payments to be made on behalf of the owner of such project under section 221(d)(5) or section 236 of the National Housing Act [[12 U.S.C. 1715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715&num=0&edition=prelim)l(d)(5) or 1715z–1] during such year; and
(D) other income attributable to the project as determined by the Secretary;
except that—
(E) in computing the estimated amount of rent to be expended by tenants, the Secretary shall provide that (i) at least 25 percent (or such lesser percentage as is provided for under any other Federal housing assistance program in which such tenant is participating) of the income of each such tenant is included, or (ii) in the case of a tenant paying his or her own utilities, a percentage of income which is less than 25 percent and which takes into account the reasonable costs of such utilities; except that no amount shall be provided for any tenant under clause (i) or (ii) which exceeds the fair market rental charge as determined pursuant to section 236(f)(1) of the National Housing Act [[12 U.S.C. 1715z–1(f)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715z–1/f/1&num=0&edition=prelim)] for such tenant; and
(F) in computing the estimated amount of rent to be expended by tenants and the estimated amount of rental assistance payments to be made on behalf of such tenants, the Secretary may permit a delinquency-and-vacancy allowance of not more than 6 per centum of the estimated amount of such rent and payments computed without regard to such allowance; except that, with respect to the first three years in which assistance is provided to a project under this section, the Secretary may permit such allowance for such project to exceed such 6 percent by an amount which the Secretary determines is appropriate to carry out the purposes of this section.
For purposes of computing estimated operating expenses of any such project with respect to any year, the Secretary shall include all estimated operating costs which the Secretary determines to be necessary and consistent with the management-improvement-and-operating plan for the project for such year, including, but not limited to, taxes, utilities, maintenance and repairs (except for maintenance and repairs which should have been performed in previous years), management, insurance, debt service, and payments made by the owner for the purpose of establishing or maintaining a reserve fund for replacement costs. The Secretary may not include in such estimated operating expenses any return on the equity investment of the owner in such project.
(3) In order to carry out the purposes of this section, the Secretary may, notwithstanding the provisions of section 236(f)(1) of the National Housing Act [[12 U.S.C. 1715z–1(f)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715z–1/f/1&num=0&edition=prelim)], provide that, for purposes of establishing a rental charge under such section, there may be excluded from the computation of the cost of operating a project an amount equivalent to the amount of assistance payments made for the project under this section.
(4) Any assistance payments made pursuant to this section with respect to any project shall be made on an annual basis, payable at such intervals, but at least quarterly, as the Secretary may determine, and may be in any amount (which the Secretary determines to be consistent with the purpose of this section), except that the sum of such assistance payments for any year for a project (other than a project receiving assistance only for capital improvements) may not exceed the amount computed pursuant to paragraph (1) of this subsection. The Secretary shall review the operations of the project at the time of such payments to determine that such operations are consistent with the management-improvement-and-operating plan.
**(g) Rules and regulations** The Secretary is authorized to issue such rules and regulations as may be necessary to carry out the provisions and purposes of this section, including regulations requiring the establishment of a project reserve or such other safeguards as the Secretary determines to be necessary for the financial soundness of any project for which assistance payments are provided, to the extent applicable.
**(h) Limitation on use of financial assistance** The Secretary may not use any of the assistance available under this section during any fiscal year beginning on or after October 1, 1981, to supplement any contract to make rental assistance payments which was made pursuant to section 101 of the Housing and Urban Development Act of 1965 [[12 U.S.C. 1701s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701s&num=0&edition=prelim)].
**(i) Repealed. Pub. L. 103–233, title I, § 103(b)(1), Apr. 11, 1994, 108 Stat. 359**
**(j) Flexible Subsidy Fund**
(1) For purposes of carrying out the provisions of this section, there is hereby established in the Treasury of the United States a revolving fund, to be known as the Flexible Subsidy Fund. The Fund shall, to the extent approved in appropriation Acts, be available to the Secretary to provide assistance under this section (including assistance for capital improvements) and shall not (except as provided in Public Law 100–4–4 11 See References in Text note below. (102 Stat. 1018), as in effect on October 1, 1988) be available for any other purpose.
(2) The Fund shall consist of (A) any amount appropriated to carry out the purposes of this section; (B) any amount repaid on any assistance provided under this section; (C) any amounts credited to the reserve fund described in section 236(g) of the National Housing Act [[12 U.S.C. 1715z–1(g)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715z–1/g&num=0&edition=prelim)]; (D) any other amount received by the Secretary under this section (including any amount realized under paragraph (3)),22 So in original. The comma probably should be a semicolon. and (E) any amount received by the Secretary pursuant to section 537 of the National Housing Act [[12 U.S.C. 1735f–15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1735f-15&num=0&edition=prelim)] and section 202a of the Housing Act of 1959 [[12 U.S.C. 1701q–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701q-1&num=0&edition=prelim)].
(3) Any amounts in the Fund determined by the Secretary to be in excess of the amounts currently required to carry out the provisions of this section shall be invested by the Secretary in obligations of, or obligations guaranteed as to both principal and interest by, the United States or any agency of the United States.
(4) The Secretary shall, to the extent of approvable applications and subject to paragraph (1), use not less than $30,000,000 or 40 percent (whichever is less) of the amounts available from the Fund in any fiscal year for purposes of providing assistance for capital improvements in accordance with this section. Any amount reserved under this paragraph for assistance for capital improvements that is not used before the last 60 days of a fiscal year shall become available for other assistance under this section.
(5) There is authorized to be appropriated for assistance under the flexible subsidy fund not to exceed $52,200,000 for fiscal year 1993 and $54,392,400 for fiscal year 1994.
**(k) Assistance for capital improvements; loans as medium of assistance; owner contributions; priority of projects**
(1) Assistance for capital improvements under this section shall include assistance for any major repair or replacement of a capital item in a multifamily housing project, including any such repair or replacement required as a result of deferred or inadequate maintenance. Capital improvements do not include maintenance of any such item. Assistance for capital improvements under this section shall be in the form of a loan.
(2) The owner of a project receiving assistance for capital improvements shall agree to contribute assistance to such project in such amounts, from such sources, and in such manner as the Secretary determines to be appropriate.
(3) The Secretary may provide assistance for capital improvements under this section if the Secretary finds that the reserve funds established by the owner of a project for the purpose of making capital improvements are insufficient to finance both the capital improvements for which such assistance is to be used and other capital improvements that are reasonably expected to be required in the near future, and such insufficiency is not the result of the failure of such owner to comply with any standard established by the Secretary for management of such reserve funds.
**(l) Amount of assistance for capital improvements; term of loan; rate of interest; allowance for administrative costs and probable program losses; nondischargeable liability; other forms for loans**
(1) The principal amount of any assistance for capital improvements under this section that is provided to the owner of a project shall not exceed the difference between the contribution made by the owner in accordance with subsection (k)(2) and the sum of—
(A) the amount determined by the Secretary to be necessary for such owner to make capital improvements with respect to capital items that have failed, or are likely to deteriorate seriously or fail in the near future, in such projects;
(B) the amount determined by the Secretary to be necessary to carry out a plan to upgrade the capital items being improved, and any other capital items determined by the Secretary to be associated with such capital items being improved and to require upgrading, to meet cost-effective energy efficiency standards prescribed by the Secretary; and
(C) the amount determined by the Secretary to be necessary to comply with the requirements of [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim).
(2)
(A) The term of any assistance for capital improvements in the form of a loan under this section shall not exceed the remaining term of the mortgage of the project with respect to which such loan is provided.
(B) Each loan for capital improvements provided under this section shall bear interest at a rate determined by the Secretary to be appropriate, except that—
(i) such rate shall not be more than 3 percentage points below a rate determined by the Secretary of the Treasury taking into consideration the average interest rate on all interest bearing obligations of the United States then forming a part of the public debt, computed at the end of the fiscal year next preceding date on which the loan is made, adjusted to the nearest 1/8 of 1 percent, plus an allowance adequate in the judgment of the Secretary of Housing and Urban Development to cover administrative costs and probable losses under the program; and
(ii) such interest rate plus such allowance shall not exceed 6 percent per annum nor be less than 3 percent per annum.
(C) Each loan for capital improvements provided under this section shall be considered to be a liability of the project involved, and shall not be dischargeable in any bankruptcy proceeding under section 727, 1141, or 1328(b) of title 11.
(D) The Secretary may establish such additional conditions on loans provided under this section as the Secretary determines to be appropriate. The Secretary may require owners receiving assistance for capital improvements under this section to retain the housing as housing affordable for very low-income families or persons, low-income families or persons and moderate-income families or persons for the remaining useful life of the housing. For purposes of this section, the term “remaining useful life” means, with respect to housing assisted under this section, the period during which the physical characteristics of the housing remain in a condition suitable for occupancy, assuming normal maintenance and repairs are made and major systems and capital components are replaced as becomes necessary.
(E) The Secretary may provide more than one loan or assistance in any other form to any project under this section, if each loan or other assistance complies with the provisions of this section.
**(m) Rental payment increases; minimization of increases**
(1) Increases in rental payments that may occur as a result of the debt service and other expenses of a loan for capital improvements provided under this section for a project subject to a plan of action approved under subtitle B of the Emergency Low Income Housing Preservation Act of 1987 shall be governed by the rent agreements entered into under such subtitle.
(2) In order to minimize any increases in rental payments that may occur as a result of the debt service and other expenses of a loan for capital improvements provided under this section for a project and that would be incurred by lower income residents of the project involved whose rental payments are, or would as a result of such expenses be, in excess of the amount allowable if section 3(a) of the United States Housing Act of 1937 [[42 U.S.C. 1437a(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437a/a&num=0&edition=prelim)] were applicable to such residents, or where appropriate to implement a plan of action under subtitle B of the Emergency Low Income Housing Preservation Act of 1987, the Secretary may take any or all of the following actions:
(A) Provide assistance with respect to such project under section 8 of the United States Housing Act of 1937 [[42 U.S.C. 1437f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim)], to the extent amounts are available for such assistance and without regard to section 16 of such Act [[42 U.S.C. 1437n](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437n&num=0&edition=prelim)].
(B) Notwithstanding subsection (l)(2)(B), reduce the rate of interest charged on such loan to a rate of not less than 1 percent.
(C) Increase the term of such loan to a term that does not exceed the remaining term of the mortgage on such project.
(D) Increase the amount of assistance to be provided by the owner of such project under subsection (k)(2), if applicable, to an amount not to exceed 30 percent of the total estimated cost of the capital improvements involved.
(E) Permit repayment of the debt service to be deferred as long as the low and moderate income character of the project is maintained in accordance with subsection (d).
**(n) Allocation of assistance**
(1) **Set-aside** — In providing, and contracting to provide, assistance for capital improvements under this section, in each fiscal year the Secretary shall set aside an amount, as determined by the Secretary, for projects that are eligible for incentives under section 224(b) of the Emergency Low Income Housing Preservation Act of 1987, as such section existed before November 28, 1990. The Secretary may make such assistance available on a noncompetitive basis.
(2) **General rules for allocation** — Except as provided in paragraph (3), with respect to assistance under this section not set aside for projects under paragraph (1), the Secretary—
(A) may award assistance on a noncompetitive basis; and
(B) shall award assistance to eligible projects on the basis of—
(i) the extent to which the project is physically or financially troubled, as evidenced by the comprehensive needs assessment submitted in accordance with title IV of the Housing and Community Development Act of 1992; and
(ii) the extent to which such assistance is necessary and reasonable to prevent the default of federally insured mortgages.
(3) **Exceptions** — The Secretary may make exceptions to selection criteria set forth in paragraph (2)(B) to permit the provision of assistance to eligible projects based upon—
(A) the extent to which such assistance is necessary to prevent the imminent foreclosure or default of a project whose owner has not submitted a comprehensive needs assessment pursuant to title IV of the Housing and Community Development Act of 1992;
(B) the extent to which the project presents an imminent threat to the life, health, and safety of project residents; or
(C) such other criteria as the Secretary may specify by regulation or by notice printed in the Federal Register.
(4) **Considerations** — In providing assistance under this section, the Secretary shall take into consideration—
(A) the extent to which there is evidence that there will be significant opportunities for residents (including a resident council or resident management corporation, as appropriate) to be involved in the management of the project (except that this paragraph shall have no application to projects that are owned as cooperatives); and
(B) the extent to which there is evidence that the project owner has provided competent management and complied with all regulatory and administrative requirements.
**(o) Coordination of assistance** The Secretary shall coordinate the allocation of assistance under this section with assistance made available under section 8(v) of the United States Housing Act of 1937 [[42 U.S.C. 1437f(v)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f/v&num=0&edition=prelim)] and [section 1701z–11 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701z-11&num=0&edition=prelim) to enhance the cost effectiveness of the Federal response to troubled multifamily housing.
**(p) Enhanced voucher eligibility** Notwithstanding any other provision of law, any project that receives or has received assistance under this section and which is the subject of a transaction under which the project is preserved as affordable housing, as determined by the Secretary, shall be considered eligible low-income housing under section 229 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 ([12 U.S.C. 4119](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4119&num=0&edition=prelim)) for purposes of eligibility of residents of such project for enhanced voucher assistance provided under section 8(t) of the United States Housing Act of 1937 ([42 U.S.C. 1437f(t)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f/t&num=0&edition=prelim)) (pursuant to section 223(f) of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 ([12 U.S.C. 4113(f)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4113/f&num=0&edition=prelim))).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of Housing and Urban Development shall collect and maintain information regarding early defaults on mortgages as provided under this section. The Secretary shall make such information available for public inspection upon request. Information shall be collected quarterly with respect to each applicable collection period (as such term is defined in subsection (c)) and shall be available for inspection not more than 30 days after the conclusion of the calendar quarter relating to each such period. Information shall first be made available under this section for the applicable collection period relating to the first calendar quarter ending more than 180 days after November 28, 1990.
**(b) Contents**
(1) **Mortgage lender analysis** — Information collected under this section shall include, for each lender originating mortgages during the applicable collection period that are insured pursuant to [section 1709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1709&num=0&edition=prelim) and secured by property in a designated census tract, the following information with respect to such mortgages:
(A) The name of the lender and the number of each designated census tract in which the lender originated 1 or more such mortgages during the applicable collection period.
(B) The total number of such mortgages originated by such lender during the applicable collection period in each designated census tract and the number of mortgages originated each year in each designated census tract.
(C) The total number of defaults and foreclosures on such mortgages during the applicable collection period in each designated census tract and the number of defaults and foreclosures in each designated census tract in
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 1701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1701. Short title
This chapter may be cited as the ‘‘National
Housing Act.’’
Page 425
TITLE 12—BANKS AND BANKING
§ 1701
(June 27, 1934, ch. 847, 48 Stat. 1246.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act June 27, 1934, ch. 847, 48 Stat.
1246, which is classified principally to this chapter
(§ 1701 et seq.). For complete classification of this Act
to the Code, see Tables.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2019 AMENDMENT
Pub. L. 116–33, § 1, July 25, 2019, 133 Stat. 1038, pro-
vided that: ‘‘This Act [amending section 1721 of this
title and section 3709 of Title 38, Veterans’ Benefits,
and enacting provisions set out as a note under section
1721 of this title] may be cited as the ‘Protecting Af-
fordable Mortgages for Veterans Act of 2019’.’’
SHORT TITLE OF 2013 AMENDMENT
Pub. L. 113–29, § 1, Aug. 9, 2013, 127 Stat. 509, provided
that: ‘‘This Act [amending section 1715z–20 of this title]
may be cited as the ‘Reverse Mortgage Stabilization
Act of 2013’.’’
SHORT TITLE OF 2011 AMENDMENT
Pub. L. 111–372, § 1(a), Jan. 4, 2011, 124 Stat. 4077, pro-
vided that: ‘‘This Act [amending sections 1701q and
1701q–2 of this title and section 1437f of Title 42, The
Public Health and Welfare, and amending provisions
set out as notes under section 1701q of this title] may
be cited as the ‘Section 202 Supportive Housing for the
Elderly Act of 2010’.’’
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–203, title XIV, § 1441, July 21, 2010, 124
Stat. 2163, provided that: ‘‘This subtitle [subtitle D
(§§ 1441–1452) of title XIV of Pub. L. 111–203, enacting
sections 1701p–2 and 1701x–1 of this title and section 8108
of Title 42, The Public Health and Welfare, and amend-
ing secti
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 27, 1934, ch. 847, title VIII, § 804, as added Aug. 8, 1949, ch. 403, § 1, 63 Stat. 575; amended Aug. 11, 1955, ch. 783, title IV, § 401, 69 Stat. 650, provided for disposition and use of excess moneys in Armed Services Housing Mortgage Insurance Fund, issue and cancellation of debentures, and receipt and payment of credits and charges.
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 1701q. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1701q. Supportive housing for the elderly
(a) Purpose
The purpose of this section is to enable elderly
persons to live with dignity and independence by
expanding the supply of supportive housing
that—
(1) is designed to accommodate the special
needs of elderly persons; and
(2) provides a range of services that are tai-
lored to the needs of elderly persons occupying
such housing.
(b) General authority
The Secretary is authorized to provide assist-
ance to private nonprofit organizations and con-
sumer cooperatives to expand the supply of sup-
portive housing for the elderly. Such assistance
shall be provided as (1) capital advances in ac-
cordance with subsection (c)(1), and (2) contracts
for project rental assistance in accordance with
subsection (c)(2). Such assistance may be used to
finance the construction, reconstruction, or
moderate or substantial rehabilitation of a
structure or a portion of a structure, or the ac-
quisition of a structure, to be used as supportive
housing for the elderly in accordance with this
section. Assistance may also cover the cost of
real property acquisition, site improvement,
conversion, demolition, relocation, and other ex-
penses that the Secretary determines are nec-
essary to expand the supply of supportive hous-
ing for the elderly.
(c) Forms of assistance
(1) Capital advances
A capital advance provided under this sec-
tion shall bear no interest and its repayment
shall not be required so long as the housing re-
mains available for very low-income elderly
persons in accordance with this section. Such
advance shall be in an amount calculated in
accordance with the development cost limita-
tion established in subsection (h).
(2) Project rental assistance
Contracts for project rental assistance shall
o
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements; certificate of need for housing and employment status** Notwithstanding any other provisions of this subchapter and in addition to mortgages insured under [section 1748b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1748b&num=0&edition=prelim), the Secretary may insure any mortgage under this section which meets the eligibility requirements set forth in [section 1709(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1709/b&num=0&edition=prelim): Provided, That a mortgage insured under this section shall have been executed by a mortgagor who at the time of insurance is the owner of the property and either occupies the property or certifies that his failure to do so is the result of a change in his employment by the Armed Forces or a contractor thereof and to whom the Secretary of Defense or his designee has issued a certificate indicating that such person requires housing and is at the date of the certificate a civilian employee at a research or development installation of one of the military departments of the United States or a contractor thereof and is considered by such military department to be an essential, nontemporary employee at such date. Such certificate shall be conclusive evidence to the Secretary of the employment status of the mortgagor and of the mortgagor’s need for housing.
**(b) Certification of housing need to Secretary; guaranty from loss; authorization of appropriations** No mortgage shall be insured under this section unless the Secretary of Defense or his designee shall have certified to the Secretary that the housing is necessary to provide adequate housing for such civilians employed in connection with such a research or development inst
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 1701s. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1701s. Rent supplement payments for qualified
lower income families
(a) Authorization; maximum term; maximum ag-
gregate amount
The Secretary of Housing and Urban Develop-
ment (hereinafter referred to as the ‘‘Sec-
retary’’) is authorized to make, and contract to
make, annual payments to a ‘‘housing owner’’
on behalf of ‘‘qualified tenants’’, as those terms
are defined herein, in such amounts and under
such circumstances as are prescribed in or pur-
suant to this section. In no case shall a contract
provide for such payments with respect to any
housing for a period exceeding forty years. The
aggregate amount of the contracts to make such
payments shall not exceed amounts approved in
appropriation Acts, and payments pursuant to
such contracts shall not exceed $150,000,000 per
annum prior to July 1, 1969, which maximum
dollar amount shall be increased by $40,000,000,
on July 1, 1969, by $100,000,000 on July 1, 1970, and
by $40,000,000 on July 1, 1971.
(b) ‘‘Housing owner’’ defined; limitation on pay-
ments to housing owner
As used in this section, the term ‘‘housing
owner’’ means a private nonprofit corporation
or other private nonprofit legal entity, a limited
dividend corporation or other limited dividend
legal entity, or a cooperative housing corpora-
Page 468
TITLE 12—BANKS AND BANKING
§ 1701s
tion, which is a mortgagor under section
221(d)(3) of the National Housing Act [12 U.S.C.
1715l(d)(3)] and which, after August 10, 1965, has
been approved for mortgage insurance there-
under and has been approved for receiving the
benefits of this section: Provided, That, except as
provided in subsection (j), no payments under
this section may be made with respect to any
property financed with a mortgage receiving the
benefits of the interest
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Housing and Urban Development shall take action to secure the payment of any deficiency after foreclosure on a mortgage insured or assisted under Federal law where the Secretary has reason to believe that the mortgage proceeds have been fraudulently misappropriated by the mortgagor.
Stored review status: release_metadata_unconfirmed. The source passage cites 12 U.S.C. § 1715. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1715. Statistical and economic surveys
The Secretary shall cause to be made in con-
nection with the insurance programs such sta-
tistical surveys and legal and economic studies
as he shall deem useful to guide the develop-
ment of housing and the creation of a sound
mortgage market in the United States, and shall
publish from time to time the results of such
surveys and studies. Expenses of such studies
and surveys, and expenses of publication and
distribution of the results of such studies and
surveys, shall be charged as a general expense of
such insurance fund or funds, as the Secretary
shall determine.
(June 27, 1934, ch. 847, title II, § 209, 48 Stat. 1252;
Feb. 3, 1938, ch. 13, § 3, 52 Stat. 22; Mar. 28, 1941,
ch. 31, § 4(c), 55 Stat. 62; Apr. 20, 1950, ch. 94, title
I, § 122, 64 Stat. 59; Pub. L. 87–70, title VI, § 612(d),
June 30, 1961, 75 Stat. 181; Pub. L. 89–117, title XI,
§ 1108(f), Aug. 10, 1965, 79 Stat. 504; Pub. L. 90–19,
§ 1(a)(3), (f), May 25, 1967, 81 Stat. 17, 18.)
Editorial Notes
AMENDMENTS
1967—Pub. L. 90–19 substituted ‘‘Secretary’’ for ‘‘Com-
missioner’’ wherever appearing and inserted ‘‘in con-
nection with the insurance programs’’ after ‘‘made’’.
1965—Pub. L. 89–117 struck out ‘‘or account or ac-
counts,’’ after ‘‘fund or funds,’’.
1961—Pub. L. 87–70 substituted ‘‘shall be charged as a
general expense of such insurance fund or funds, or ac-
Page 582
TITLE 12—BANKS AND BANKING
§ 1715a
count or accounts, as the Commissioner shall deter-
mine’’ for ‘‘shall be charged as a general expense of the
Fund, the Housing Fund, and the Defense Housing In-
surance Fund in such proportion as the Commissioner
shall determine’’.
1950—Act Apr. 20, 1950, substituted ‘‘Commissioner’’
for ‘‘Administrator’’ wherever appearing.
1941—A
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants for arrest of incipient abandonment and revitalization of blighted areas** In carrying out activities under [section 1701z–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701z-1&num=0&edition=prelim), the Secretary may undertake programs to demonstrate the most feasible means of providing assistance to localities in which a substantial number of structures are abandoned or are threatened with abandonment for the purpose of arresting the process of housing abandonment in its incipiency or in restoring viability to blighted areas in which abandonment is pervasive. For this purpose, the Secretary is authorized to make grants, subject to the limitations of this section, to assist local public bodies in planning and implementing demonstration projects for prompt and effective action in alleviating and preventing such abandonment in designated demonstration areas.
**(b) Preferred projects; scope of projects** In administering this section, the Secretary shall give preference to those demonstration projects which in his judgment can reasonably be expected to arrest the process of abandonment in the demonstration area within a period of two years and which provide for innovative approaches to combating the problem of housing abandonment. Such projects may include, but shall not be limited to (1) acquisition by negotiated purchase, lease, receivership, tax lien proceedings, or other means authorized by law and satisfactory to the Secretary, of real property within the demonstration area or areas which is abandoned, deteriorated, or in violation of applicable code standards; (2) the repair of streets, sidewalks, parks, playgrounds, publicly owned utilities, public buildings to meet needs consistent with the revitalizatio
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Federal law — U.S. Code and appendices · legal_authorities
§ 1715z. Homeownership or membership in coop-
erative association for lower income families
(a) Authorization for periodic assistance pay-
ments to mortgagees; assistance to manufac-
tured home buyers
(1) For the purpose of assisting lower income
families in acquiring homeownership or in ac-
quiring membership in a cooperative association
operating a housing project, the Secretary is au-
thorized to make, and to contract to make, peri-
odic assistance payments on behalf of such
homeowners and cooperative members. The as-
sistance shall be accomplished through pay-
ments to mortgagees holding mortgages meet-
ing the special requirements specified in this
section or which mortgages are assisted under a
State or local program providing assistance
through loans, loan insurance or tax abatement.
In making such assistance available, the Sec-
retary shall give preference to low-income fami-
lies who, without such assistance, would be like-
ly to be involuntarily displaced (including those
who would be likely to be displaced from rental
units which are to be converted into a condo-
minium project or a cooperative project). Such
assistance may include the acquisition of a con-
dominium or a membership in a cooperative as-
sociation.
(2)(A) Notwithstanding any other provision of
this section, the Secretary is authorized to
make periodic assistance payments under this
section on behalf of families whose incomes do
not exceed the maximum income limits pre-
scribed pursuant to subsection (h)(2) of this sec-
tion for the purpose of assisting such families in
acquiring ownership of a manufactured home
consisting of two or more modules and a lot on
which such manufactured home is or will be sit-
uated, except that periodic assistance payments
pursuant to this para
Stored review status: historical_2024_not_currentness_verified. The source passage cites 12 U.S.C. § 1715z. This identifies an authority to review, not proof of applicability.