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Title 12 — Banks and Banking

Chapter 13 — National Housing

§ 1735f. Water and sewerage facilities

Statutory text

Notwithstanding any other provision of this chapter, no mortgage which covers new construction shall be approved for insurance under this chapter (except pursuant to a commitment made prior to ) if the mortgaged property includes housing which is not served by a public or adequate community water and sewerage system: Provided, That this limitation shall be applicable only to property which is not served by a system approved by the Secretary pursuant to subchapter IX–A of this chapter, as such subchapter existed immediately before , and which is situated in an area certified by appropriate local officials to be an area where the establishment of public or adequate community water and sewerage systems is economically feasible: Provided further, That for purposes of this section the economic feasibility of establishing such public or adequate community water and sewerage systems shall be determined without regard to whether such establishment is authorized by law or is subject to approval by one or more local governments or public bodies.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Housing and Urban Development Act of 1965

    Pub. L. 89–117 title II § 217(a) · 79 Stat. 451

    Enacted · 12 U.S.C. § 1735f

    June 27, 1934, ch. 847, title V, § 522, as added Pub. L. 89–117, title II, § 217(a), Aug. 10, 1965, 79 Stat. 473

    Source evidence

    Code source credit
    June 27, 1934, ch. 847, title V, § 522, as added Pub. L. 89–117, title II, § 217(a), Aug. 10, 1965, 79 Stat. 473

    Enacted provision · exact public law section
    (a) Title V of the National Housing Act is amended by inserting after section 521 (added by section 216 of this Act) a new section as follows: “Sec. 522. “water and sewer facilities Notwithstanding any other provision of this Act, no mortgage which covers new construction shall be approved for insurance under this Act (except pursuant to a commitment made prior to the date of the enactment of the Housing and Urban Development Act of 1965) if the mortgaged property includes housing which is not served by a public or adequate community water and sewerage system: Provided, That this limitation shall be applicable only to property which is not served by a system approved by the Commissioner pursuant to title X of this Act and which is situated in an area Ante, p. 461. certified by appropriate local officials to be an area where the establishment of public or adequate community water and sewerage systems is economically feasible: Provided further, That for purposes of this section the economic feasibility of establishing such public or adequate community water and sewerage systems shall be determined without regard to whether such establishment is authorized by law or is subject to approval by one or more local governments or public bodies.”

  2. Pub. L. 90–19 § 1(a)(3) · 81 Stat. 17

    Substituted · 12 U.S.C. § 1735f

    Pub. L. 90–19 substituted “Secretary” for “Commissioner”

    Source evidence

    Code amendment note
    Pub. L. 90–19 substituted “Secretary” for “Commissioner”.

    Enacted provision · exact public law section
    (1) by striking out “Federal Housing Administration” each place it appears and inserting in lieu thereof “Department of Housing and Urban Development”;

  3. Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 title I § 133(d)(4) · 103 Stat. 1987

    Inserted · 12 U.S.C. § 1735f

    Pub. L. 101–235 inserted “, as such subchapter existed immediately before December 15, 1989,” after “subchapter IX–A of this chapter”

    Source evidence

    Code amendment note
    Pub. L. 101–235 inserted “, as such subchapter existed immediately before December 15, 1989,” after “subchapter IX–A of this chapter”.

    Enacted provision · exact public law section
    (4) in section 522, by inserting “, as such title existed immediately before the date of the enactment of the Department of Housing and Urban Development Reform Act of 1989,” after “title X of this Act”; and

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

Subchapter IX–A of this chapter, referred to in text, was repealed by Pub. L. 101–235, title I, § 133(a), , 103 Stat. 2027.

Amendments1967–1989 · 2 rounds

1989

Pub. L. 101–235 inserted “, as such subchapter existed immediately before ,” after “subchapter IX–A of this chapter”.

1967

Pub. L. 90–19 substituted “Secretary” for “Commissioner”.

Credits

1934–1989 · 3 acts
  1. 1934June 27, 1934, ch. 847, title V, § 522, as added Pub. L. 89–117, title II, § 217(a), , 79 Stat. 473
  2. 1967amended Pub. L. 90–19, § 1(a)(3), , 81 Stat. 17
  3. 1989Pub. L. 101–235, title I, § 133(d)(4), , 103 Stat. 2027.
Show as published

(June 27, 1934, ch. 847, title V, § 522, as added Pub. L. 89–117, title II, § 217(a), , 79 Stat. 473; amended Pub. L. 90–19, § 1(a)(3), , 81 Stat. 17; Pub. L. 101–235, title I, § 133(d)(4), , 103 Stat. 2027.)

Parsed from the official OLRC USLM XML in data/usc_all/usc12.xml · release point 119-108 · OLRC build 2026-07-23

USLM identifier /us/usc/t12/s1735f