§ 12896. Definitions

Statutory text

For purposes of this part:

The term “applicant” means a private nonprofit organization, cooperative association, or a public agency (including an agency or instrumentality thereof) in cooperation with a private nonprofit organization.

The term “displaced homemaker” has the same meaning as in section 12704 of this title.

The term “eligible family” means a family or individual who—

has an income that does not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families; and

is a first-time homebuyer.

The term “eligible property” means a single family property, containing no more than four units, that is owned or held by the Secretary, the Secretary of Veterans Affairs, the Secretary of Agriculture, the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, the Secretary of Defense, the Secretary of Transportation, the General Services Administration, any other Federal agency, a State or local government (including any in rem property), or a public housing agency or an Indian housing authority (excluding public or Indian housing under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] and including properties held by institutions within the jurisdiction of the Resolution Trust Corporation).

The term “first-time homebuyer” has the same meaning as in section 12704 of this title.

The term “homeownership program” means a program for homeownership under this part.

The term “Indian housing authority” has the meaning given such term in section 3(b)(11) 1 of the United States Housing Act of 1937.

The term “low-income family” has the meaning given such term in section 3(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)(2)].

The term “public housing agency” has the meaning given such term in section 3(b)(6) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)(6)].

The term “recipient” means an applicant approved to receive a grant under this part or such other entity specified in the approved application that will assume the obligations of the recipient under this part.

The term “Secretary” means the Secretary of Housing and Urban Development.

The term “single parent” means an individual who—

is unmarried or legally separated from a spouse; and

has 1 or more minor children for whom the individual has custody or joint custody; or

is pregnant.

Footnotes

1 See References in Text note below.

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.

1990
Homeownership and Opportunity Through HOPE Act
Pub. L. 101–625 title IV § 446 · 104 Stat. 4079
Enacted · 42 U.S.C. § 12896
Pub. L. 101–625, title IV, § 446, Nov. 28, 1990, 104 Stat. 4179
Source evidence
Code source credit
Pub. L. 101–625, title IV, § 446, Nov. 28, 1990, 104 Stat. 4179
Enacted provision · exact public law section
SEC. 446. DEFINITIONS. For purposes of this subtitle: (1) The term “applicant” means a private nonprofit organization, cooperative association, or a public agency (including an agency or instrumentality thereof) in cooperation with a private nonprofit organization. (2) The term “displaced homemaker” has the same meaning as in section 104. (3) The term “eligible family” means a family or individual who— (A) has an income that does not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families; and (B) is a first-time homebuyer. (4) The term “eligible property” means a single family property, containing no more than four units, that is owned or held by the Secretary, the Secretary of Veterans Affairs, the Secretary of Agriculture, the Resolution Trust Corporation, a State or local government (including any in rem property), or a public housing agency or an Indian housing authority (including scattered site single family properties, and properties held by institutions within the jurisdiction of the Resolution Trust Corporation). (5) The term “first-time homebuyer” has the same meaning as in section 104. (6) The term “homeownership program” means a program for homeownership under this subtitle. (7) The term “Indian housing authority” has the meaning given such term in section 3(b)(11) of the United States Housing Act of 1937. (8) The term “low-income family” has the meaning given such term in section 3(b)(2) of the United States Housing Act of 1937. (9) The term “public housing agency” has the meaning given such term in section 3(b)(6) of the United States Housing Act of 1937. (10) The term “recipient” means an applicant approved to receive a grant under this subtitle or such other entity specified in the approved application that will assume the obligations of the recipient under this subtitle. (11) The term “Secretary” means the Secretary of Housing and Urban Development. (12) The term “single parent” means an individual who— (A) is unmarried or legally separated from a spouse; and (B) (i) has 1 or more minor children for whom the individual has custody or joint custody; or (ii) is pregnant.
1992
Housing and Community Development Act of 1992
Pub. L. 102–550 title I § 181(g)(2) · 106 Stat. 3672
1. Inserted · 42 U.S.C. § 12896(4)
  Pub. L. 102–550 inserted “the Federal Deposit Insurance Corporation, the Secretary of Defense, the Secretary of Transportation, the General Services Administration, any other Federal agency,” after “Corporation,”
2. Substituted · 42 U.S.C. § 12896(4)
  Pub. L. 102–550 substituted “(excluding public or Indian housing under the United States Housing Act of 1937 and including” for “(including scattered site single family properties, and”
Source evidence
Code amendment note
Par. (4). Pub. L. 102–550 inserted “the Federal Deposit Insurance Corporation, the Secretary of Defense, the Secretary of Transportation, the General Services Administration, any other Federal agency,” after “Corporation,” and substituted “(excluding public or Indian housing under the United States Housing Act of 1937 and including” for “(including scattered site single family properties, and”.
Enacted provision · exact public law section
(2) Hope III.— Section 446(4) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12896(4» is amended by striking “(including scattered site single family properties, and” and inserting “(excluding public or Indian housing under the United States Housing Act of 1937 and including”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

The United States Housing Act of 1937, referred to in par. (4), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.

Section 3(b)(11) of the United States Housing Act of 1937, referred to in par. (7), was classified to section 1437a(b)(11) of this title prior to repeal by Pub. L. 104–330, title V, § 501(b)(1)(D), Oct. 26, 1996, 110 Stat. 4041, and a new section 1437a(b)(11), defining “public housing agency plan”, was enacted by Pub. L. 105–276, title V, § 506(4), Oct. 21, 1998, 112 Stat. 2524.

Amendments

1992—Par. (4). Pub. L. 102–550 inserted “the Federal Deposit Insurance Corporation, the Secretary of Defense, the Secretary of Transportation, the General Services Administration, any other Federal agency,” after “Corporation,” and substituted “(excluding public or Indian housing under the United States Housing Act of 1937 and including” for “(including scattered site single family properties, and”.

Credits

1990–1992 · 2 acts

1990Pub. L. 101–625, title IV, § 446, Nov. 28, 1990, 104 Stat. 4179
1992Pub. L. 102–550, title I, § 181(g)(2), (h), Oct. 28, 1992, 106 Stat. 3736.

Show as published

(Pub. L. 101–625, title IV, § 446, Nov. 28, 1990, 104 Stat. 4179; Pub. L. 102–550, title I, § 181(g)(2), (h), Oct. 28, 1992, 106 Stat. 3736.)