Title 12 — Banks and Banking
Chapter 42 — Low-Income Housing Preservation and Resident Homeownership
§ 4123. Severability
Statutory text
If any provision of this subchapter, or the application of such provision with respect to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to any other person or circumstance, shall not be affected by such holding.
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.
Housing and Community Development Act of 1987
Pub. L. 100–242 title II § 233 · 101 Stat. 1815
Enacted · 12 U.S.C. § 4123
(Pub. L. 100–242, title II, § 233, as added Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4274.)
Source evidence
Code source credit
(Pub. L. 100–242, title II, § 233, as added Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4274.)Enacted provision · exact public law section
SEC. 233. DEFINITIONS. For purposes of this subtitle: (1) The term “eligible low income housing” means any housing financed by a loan or mortgage— (A) that is— (i) insured or held by the Secretary under section 221(d)(3) of the National Housing Act and assisted under section 101 of the Housing and Urban Development Act of 1965 or section 8 of the United States Housing Act of 1937; (ii) insured or held by the Secretary and bears interest at a rate determined under the proviso of section 221(d)(5) of the National Housing Act; (iii) insured, assisted, or held by the Secretary under section 236 of the National Housing Act; or (iv) held by the Secretary and formerly insured under a program referred to in clause (i), (ii), or (iii); and (B) that, under regulation or contract in effect before the date of the enactment of this Act, is or will within 1 year become eligible for prepayment without prior approval of the Secretary. (2) The term “low income affordability restrictions” means limits imposed by regulation or regulatory agreement on tenant rents, rent contributions, or income eligibility in eligible low income housing. (3) The terms “lower income families or persons” and “very low-income families or persons” mean families or persons whose incomes do not exceed the respective levels established for lower income families and very low-income families under section 3(b)(2) of the United States Housing Act of 1937. (4) The term “moderate income families or persons” means families or persons whose incomes are between 80 percent and 95 percent of median income for the area, as determined by the Secretary with adjustments for smaller and larger families. (5) The term “owner” means the current or subsequent owner or owners of eligible low income housing. (6) The term “Secretary” means the Secretary of Housing and Urban Development. (7) The term “termination of low income affordability restrictions” means any elimination or relaxation of low income affordability restrictions (other than those permitted under an approved plan of action under section 225(b)).
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in text, is Pub. L. 100–242, , 101 Stat. 1815, known as the Housing and Community Development Act of 1987. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note under section 5301 of Title 42, The Public Health and Welfare, and Tables.
Credits
(Pub. L. 100–242, title II, § 233, as added Pub. L. 101–625, title VI, § 601(a), , 104 Stat. 4274.)