§ 1485. Housing and related facilities for elderly persons and families or other persons and families of low income

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. The word “for” probably should appear.
3. 3 So in original. Probably should be capitalized.

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. 1949

   Senior Citizens Housing Act of 1962

   Pub. L. 87–723 § 4(b) · 76 Stat. 670

   Enacted · 42 U.S.C. § 1485

   July 15, 1949, ch. 338, title V, § 515, as added Pub. L. 87–723, § 4(b), Sept. 28, 1962, 76 Stat. 671

   Source evidence

   Code source credit
   July 15, 1949, ch. 338, title V, § 515, as added Pub. L. 87–723, § 4(b), Sept. 28, 1962, 76 Stat. 671

   Enacted provision · exact public law section
   (b) Title V of the Housing Act of 1949 is amended by adding at 63 Stat. 432. 42 USC 1471–1484. the end thereof the following new section: “Sec. 515. “direct and insured loans to provide housing and related facilities for elderly persons and families in rural areas (a) The Secretary is authorized to make loans to private nonprofit corporations and consumer cooperatives to provide rental housing and related facilities for elderly persons and elderly families of low or moderate income in rural areas, in accordance with terms and conditions substantially identical with those specified in section 502; except that— 42 USC 1472. “(1) no such loan shall exceed the development cost or the value of the security, whichever is less; “(2) such loans shall bear interest at rates determined by the Secretary, not to exceed the maximum rate provided in section 202(a)(3) of the Housing Act of 1959; and 73 Stat. 667. 12 USC 1701q. “(3) such a loan may be made for a period of up to fifty years from the making of the loan. There is authorized to be appropriated not to exceed $50,000,000, Appropriation. which shall constitute a revolving fund to be used by the Secretary in carrying out this subsection. “(b) The Secretary is authorized to insure and make commitments to insure loans made to any individual, corporation, association, trust, or partnership to provide rental housing and related facilities for elderly persons and elderly families in rural areas, in accordance with terms and conditions substantially identical with those specified in section 502; except that— “(1) no such loan shall exceed $100,000 or the development cost or the value of the security, whichever is least; “(2) such loans shall bear interest at rates determined by the Secretary, not to exceed the maximum rate provided in section 203(b)(5) of the National Housing Act; 68 Stat. 591. 12 USC 1709. “(3) provide for complete amortization by periodic payments within such term as the Secretary may prescribe; “(4) for insuring such loans, the Secretary shall utilize the Agricultural Credit Insurance Fund subject to all the provisions Agricultural Credit Insurance Fund. 75 Stat. 309, 308. 7 USC 1929. 1928. of section 309 and the second and third sentences of section 308 of the Consolidated Farmers Home Administration Act of 1961, including the authority in section 309(f)(1) of that Act to utilize the insurance fund to make, sell, and insure loans which could be insured under this subsection; but the aggregate of the principal amounts of such loans made by the Secretary and not disposed of shall not exceed $10,000,000 outstanding at any one time; and the Secretary may take liens running to the United States though the notes may be held by other lenders; and “(5) no loan shall be insured under this subsection after June 30, 1964. “(c) No loan shall be made or insured under subsection (a) or (b) unless the Secretary finds that the construction involved will be undertaken in an economical manner and will not be of elaborate or extravagant design or materials. “(d) As used in this section— “(1) the term ‘housing’ means new or existing housing suitable for dwelling use by elderly persons or elderly families; “(2) the term ‘related facilities’ includes cafeterias or dining halls, community rooms or buildings, appropriate recreation facilities, and other essential service facilities; “(3) the term ‘elderly persons’ means persons who are 62 years of age or over; and the term ‘elderly families’ means families the head of which (or his spouse) is 62 years of age or over; and “(4) the term ‘development cost’ means the costs of constructing, purchasing, improving, altering, or repairing new or existing housing and related facilities and purchasing and improving the necessary land, including necessary and appropriate fees and charges approved by the Secretary. “(e) Amounts made available pursuant to section 513 of this Act shall be available for administrative expenses incurred under this section.”

2. 1964

   Pub. L. 88–340 · 78 Stat. 233

   Substituted · 42 U.S.C. § 1485(b)

   Pub. L. 88–340 substituted “September 30, 1964” for “June 30, 1964” in cl. (5)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 88–340 substituted “September 30, 1964” for “June 30, 1964” in cl. (5).

3. 1964

   Housing Act of 1964

   Pub. L. 88–560 title V § 501(d) · 78 Stat. 769

   1. Substituted · 42 U.S.C. § 1485(b)

      Pub. L. 88–560 substituted “$300,000” for “$100,000” in cl. (5)

   2. Substituted · 42 U.S.C. § 1485(b)

      Pub. L. 88–560 substituted “1965” for “1964” in cl. (5)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 88–560 substituted “$300,000” for “$100,000” in cl. (1), and “1965” for “1964” in cl. (5).

   Enacted provision · exact public law section
   (d) Section 515(b) of such Act is amended by— (1) striking out “$100,000” in clause (1) and inserting in lieu thereof “$300,000”; and (2) striking out “1964” in clause (5) and inserting in lieu thereof “1965”.

4. 1965

   Housing and Urban Development Act of 1965

   Pub. L. 89–117 title X § 1005(c) · 79 Stat. 451

   Substituted · 42 U.S.C. § 1485(b)(5)

   Pub. L. 89–117 substituted “October 1, 1969” for “September 30, 1965”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 89–117 substituted “October 1, 1969” for “September 30, 1965”.

   Enacted provision · exact public law section
   (c) Section 515(b)(5) of such Act is amended by striking out “September 30, 1965” and inserting in lieu thereof “October 1, 1969”.

5. 1966

   Demonstration Cities and Metropolitan Development Act of 1966

   Pub. L. 89–754 title VIII · 80 Stat. 1255

   1. Inserted · 42 U.S.C. § 1485(a)

      Pub. L. 89–754, §§ 804(a), 805(a), inserted “or other persons and families of low income” after “income”

   2. Substituted · 42 U.S.C. § 1485(a)

      Pub. L. 89–754, §§ 804(a), 805(a), substituted “rental or cooperative housing” for “rental housing”, respectively

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–754, §§ 804(a), 805(a), inserted “or other persons and families of low income” after “income” and substituted “rental or cooperative housing” for “rental housing”, respectively.

   Enacted provision · exact public law
   TITLE VIII— RURAL HOUSING Sec. 801. Section 501(a) of the Housing Act of 1949 is amended by striking out “previously occupied” wherever it appears. Sec. 802. Section 502(a) of the Housing Act of 1949 is amended by striking out “In cases of applicants who are elderly persons, the” and inserting in lieu thereof “The”. Sec. 803. Section 504 of the Housing Act of 1949 is amended by striking out “$1,000” and inserting in lieu thereof “$1,500”. Sec. 804. (a) Section 515(a) of the Housing Act of 1949 is amended by inserting after “income” the following: “or other persons and families of low income”. (b) Section 515(d)(1) of such Act is amended by striking out “elderly persons or elderly families” and inserting in lieu thereof “occupants eligible under this section”. Sec. 805. (a) Subsections (a) and (b) of section 515 of the Housing Act of 1949 are each amended by striking out “rental housing” and inserting in lieu thereof “rental or cooperative housing”. (b) Section 515(b) of such Act is amended by inserting after “families” the following: “or other persons and families of moderate income”. (c) Section 515(d) (4) of such Act is amended by adding at the end thereof the following: “Such fees and charges may include payments to qualified consulting organizations or foundations which operate on a nonprofit basis and which render services or assistance to nonprofit corporations or consumer cooperatives who provide housing and related facilities.” Sec. 806. Section 517(a)(1) of the Housing Act of 1949 is amended— (1) by inserting “and” before “(B)”; and (2) by striking out “, and (C)” and all that follows and inserting in lieu thereof the following: “; but no loan under this paragraph shall be insured or made after October 1, 1969, except pursuant to a commitment entered into before that date; and”. Sec. 807. (a) Section 501(a) of the Housing Act of 1949 is amended by inserting before the period at the end thereof the following: “, and (4) to an owner described in clause (1), (2), or (3) for refinancing indebtedness which— “(A) was incurred for an eligible purpose described in such clause, “(B) if not refinanced, is likely to result at an early date in loss of the applicant’s necessary dwelling or essential farm service buildings, “(C) is not held or insured by the United States or any agency thereof, and “(D) was incurred prior to the enactment of this clause.” (b) Section 501 (c) of such Act is amended by inserting before the semicolon at the end of clause (1) the following: “, or that he is the owner of a farm or other real estate in a rural area who needs refinancing of indebtedness described in clause (4) of subsection (a)”.

6. 1966

   Demonstration Cities and Metropolitan Development Act of 1966

   Pub. L. 89–754 § 805(a) · 80 Stat. 1255

   1. Substituted · 42 U.S.C. § 1485(b)

      Pub. L. 89–754, § 805(a), (b), substituted “rental or cooperative housing” for “rental housing”

   2. Inserted · 42 U.S.C. § 1485(b)

      Pub. L. 89–754, § 805(a), (b), inserted “or other persons and families of moderate income” after “families”, respectively

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–754, § 805(a), (b), substituted “rental or cooperative housing” for “rental housing” and inserted “or other persons and families of moderate income” after “families”, respectively.

   Enacted provision · exact public law section
   (a) Subsections (a) and (b) of section 515 of the Housing Act of 1949 are each amended by striking out “rental housing” and inserting in lieu thereof “rental or cooperative housing”.

7. 1966

   Demonstration Cities and Metropolitan Development Act of 1966

   Pub. L. 89–754 § 804(b) · 80 Stat. 1255

   Substituted · 42 U.S.C. § 1485(d)(1)

   Pub. L. 89–754, § 804(b), substituted in the definition of “housing” the words “occupants eligible under this section,” for “elderly persons or elderly families”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 89–754, § 804(b), substituted in the definition of “housing” the words “occupants eligible under this section,” for “elderly persons or elderly families”.

   Enacted provision · exact public law section
   (b) Section 515(d)(1) of such Act is amended by striking out “elderly persons or elderly families” and inserting in lieu thereof “occupants eligible under this section”.

8. 1966

   Demonstration Cities and Metropolitan Development Act of 1966

   Pub. L. 89–754 § 805(c) · 80 Stat. 1255

   Changed · 42 U.S.C. § 1485(d)(4)

   Pub. L. 89–754, § 805(c), defined fees and charges as used for purposes of “development cost” to include payments to qualified consulting organizations or foundations which operate on a nonprofit basis and which render services or assistance to nonprofit corporations or consumer cooperatives who provide housing and related facilities

   Source evidence

   Code amendment note
   Subsec. (d)(4). Pub. L. 89–754, § 805(c), defined fees and charges as used for purposes of “development cost” to include payments to qualified consulting organizations or foundations which operate on a nonprofit basis and which render services or assistance to nonprofit corporations or consumer cooperatives who provide housing and related facilities.

   Enacted provision · exact public law section
   (c) Section 515(d) (4) of such Act is amended by adding at the end thereof the following: “Such fees and charges may include payments to qualified consulting organizations or foundations which operate on a nonprofit basis and which render services or assistance to nonprofit corporations or consumer cooperatives who provide housing and related facilities.”

9. 1969

   Pub. L. 91–78 § 1 · 83 Stat. 125

   Substituted · 42 U.S.C. § 1485(b)(5)

   Pub. L. 91–78 substituted “January 1, 1970” for “October 1, 1969”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 91–78 substituted “January 1, 1970” for “October 1, 1969”.

10. 1969

    Housing and Urban Development Act of 1969

    Pub. L. 91–152 title IV § 413(a) · 83 Stat. 379

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 91–152 substituted “October 1, 1973” for “January 1, 1970”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 91–152 substituted “October 1, 1973” for “January 1, 1970”.

    Enacted provision · exact public law section
    (a) Sections 513, 515(b)(5), and 517(a)(1) of the 63 Stat. 438. 76 Stat. 671. 79 Stat. 498. Ante, p. 125. 42 USC 1483, 1485, 1487. Housing Act of 1949 are each amended by striking out “January 1, 1970” wherever it appears and inserting in lieu thereof “October 1, 1973”.

11. 1970

    Housing and Urban Development Act of 1970

    Pub. L. 91–609 title VIII § 803(c) · 84 Stat. 1770

    Substituted · 42 U.S.C. § 1485(b)(1)

    Pub. L. 91–609 substituted “$750,000” for “$300,000”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 91–609 substituted “$750,000” for “$300,000”.

    Enacted provision · exact public law section
    (c) Section 515(b)(1) of such Act is amended by striking out 76 Stat. 671; 78 Stat. 796. 42 USC 1485. 79 Stat. 499. 42 USC 1487. “$300,000” and inserting in lieu thereof “$750,000”.

12. 1973

    Pub. L. 93–117 § 13(b) · 87 Stat. 421

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 93–117 substituted “October 1, 1974” for “October 1, 1973”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 93–117 substituted “October 1, 1974” for “October 1, 1973”.

    Enacted provision · exact public law section
    (b) Section 515(b)(5) of such Act is amended by striking out “October 42 USC 1485. 1, 1973” and inserting in lieu thereof “October 1, 1974”.

13. 1974

    Housing and Community Development Act of 1974

    Pub. L. 93–383 § 510(a) · 88 Stat. 634

    1. Struck · 42 U.S.C. § 1485(b)(1)

       Pub. L. 93–383, § 510(a), struck out “$750,000 or” after “exceed”

    2. Substituted · 42 U.S.C. § 1485(b)(1)

       Pub. L. 93–383, § 510(a), substituted “less” for “least”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 93–383, § 510(a), struck out “$750,000 or” after “exceed” and substituted “less” for “least”.

    Enacted provision · exact public law section
    (a) Section 515(b)(1) of the Housing Act of 1949 is 42 USC 1485. amended— (1) by striking out “$750,000 or”; and (2) by striking out “least” and inserting in lieu thereof “less”.

14. 1974

    Housing and Community Development Act of 1974

    Pub. L. 93–383 § 509(b) · 88 Stat. 634

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 93–383, § 509(b), substituted “June 30, 1977” for “October 1, 1974”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 93–383, § 509(b), substituted “June 30, 1977” for “October 1, 1974”.

    Enacted provision · exact public law section
    (b) Sections 515(b)(5) and 517(a)(1) of such Act are amended by 42 USC 1485, 1487. striking out “October 1, 1974” and inserting in lieu thereof “June 30, 1977”.

15. 1974

    Housing and Community Development Act of 1974

    Pub. L. 93–383 § 510(b) · 88 Stat. 634

    Inserted · 42 U.S.C. § 1485(d)(4)

    Pub. L. 93–383, § 510(b), inserted provisions including initial operating expenses up to 2 per centum of enumerated costs and requiring payments to be made to consultants rendering services to nonprofit corporations or consumer cooperatives providing housing and related facilities to low or moderate income families

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 93–383, § 510(b), inserted provisions including initial operating expenses up to 2 per centum of enumerated costs and requiring payments to be made to consultants rendering services to nonprofit corporations or consumer cooperatives providing housing and related facilities to low or moderate income families.

    Enacted provision · exact public law section
    (b) Section 515(d)(4) of such Act is amended to read as follows: “(4) the term ‘development cost’ means the costs of constructing, “Development cost.” purchasing, improving, altering, or repairing new or existing housing and related facilities and purchasing and improving the necessary land, including necessary and appropriate fees and charges, and initial operating expenses up to 2 per centum of the aforementioned costs, approved by the Secretary. Such fees and charges may include payments of qualified consulting organizations or foundations which operate on a nonprofit basis and which render services or assistance to nonprofit corporations or consumer cooperatives who provide housing and related facilities for low or moderate income families.”

16. 1977

    Pub. L. 95–60 § 4(b) · 91 Stat. 257

    Substituted · 42 U.S.C. § 1485(b)

    Pub. L. 95–60 substituted “July 31, 1977” for “June 30, 1977” in par. (5)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–60 substituted “July 31, 1977” for “June 30, 1977” in par. (5).

    Enacted provision · exact public law section
    (b) Section 515 of such Act is amended by striking out “June 30, 1977” where it appears in paragraph (b) (5) and inserting in lieu thereof “July 31, 1977”.

17. 1977

    Pub. L. 95–80 § 4(b) · 91 Stat. 339

    Substituted · 42 U.S.C. § 1485(b)

    Pub. L. 95–80 substituted “September 30, 1977” for “July 31, 1977” in par. (5)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–80 substituted “September 30, 1977” for “July 31, 1977” in par. (5).

    Enacted provision · exact public law section
    (b) Section 515(b)(5) of such Act is amended by striking out “July 31, 1977” and inserting in lieu thereof “September 30, 1977”.

18. 1977

    Housing and Community Development Act of 1977

    Pub. L. 95–128 § 507(a)(3) · 91 Stat. 1111

    Changed · 42 U.S.C. § 1485(a)

    Pub. L. 95–128, § 507(a)(3), authorized loans for housing of handicapped persons or families

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–128, § 507(a)(3), authorized loans for housing of handicapped persons or families.

    Enacted provision · exact public law section
    (3) by striking out “elderly persons and elderly families” in 42 USC 1485. subsections (a) and (b) of section 515 and inserting in lieu thereof “elderly or handicapped persons or families”;

19. 1977

    Housing and Community Development Act of 1977

    Pub. L. 95–128 title V · 91 Stat. 1111

    1. Substituted · 42 U.S.C. § 1485(b)

       Pub. L. 95–128, §§ 501(b), 507(a)(3), substituted “elderly or handicapped persons or families” for “elderly persons and elderly families” in par. (5)

    2. Substituted · 42 U.S.C. § 1485(b)

       Pub. L. 95–128, §§ 501(b), 507(a)(3), substituted “September 30, 1978” for “September 30, 1977” in par. (5)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–128, §§ 501(b), 507(a)(3), substituted “elderly or handicapped persons or families” for “elderly persons and elderly families” in provision preceding par. (1) and “September 30, 1978” for “September 30, 1977” in par. (5).

    Enacted provision · exact public law
    TITLE V— RURAL HOUSING Sec. 501. authorizations (a) Section 513 of the Housing Act of 1949 is amended— (1) by striking out “September 30, 1977” in clauses (b), (c), and (d), and inserting in lieu thereof “September 30, 1978”; and (2) by striking out “$80,000,000” in clauses (b) and (c) and inserting in lieu thereof “$105,000,000”. (b) Section 515(b)(5) of such Act is amended by striking out “September 30, 1977” and inserting in lieu thereof “September 30, 1978”. (c) Section 517(a)(1) of such Act is amended by striking out 42 USC 1487. “September 30, 1977” and inserting in lieu thereof “September 30, 1978”. (d) Section 523(f) of such Act is amended— 42 USC 1490c. (1) by striking out “October 1, 1977” and inserting in lieu thereof “October 1, 1978”; and (2) by striking out “September 30, 1977” and inserting in lieu thereof “September 30, 1978”. Sec. 502. changes in the guaranteed housing loan program (a) Section 502(b)(3) of the Housing Act of 1949 is 42 USC 1472. amended by inserting “except for guaranteed loans,” after “(3)”. (b) Section 517(e) of such Act is amended by inserting after the Rural Housing Insurance Fund. 42 USC 1487. Transfer of funds. first sentence the following new sentence: “The guaranteed loan program under this title shall be operated separately from the insured loan program operated under this title and no funds designated for one program may be transferred to another program.”. (c) Section 517 of such Act is amended by adding the following new subsection at the end thereof: “(n) Loans guaranteed under this section shall be made only to borrowers with above-moderate incomes.”. (d) Section 521(a)(1) of such Act is amended by adding at the end Interest rates. 42 USC 1490a. thereof the following: “Any loan guaranteed under this title shall bear interest at such rate as may be agreed upon by the borrower and the lender.”. Sec. 503. prepayment of taxes and similar items by farmers home administration borrowers Section 501(e) of the Housing Act of 1949 is amended 42 USC 1471. by striking out the second sentence and inserting in lieu thereof the following: “Such payments shall be disbursed by the Secretary at the appropriate time or times for the purposes for which such payments are made, and after October 1, 1977, if the prepayments made by the borrower are not sufficient to pay the amount due, advances may be made by the Secretary to pay these costs in full, which advances shall be charged to the account of the borrower and bear interest and be payable in a timely fashion not to exceed two years, as determined by the Secretary.”. Sec. 504. compensation for construction defects Section 509 of the Housing Act of 1949 is amended by 42 USC 1479. adding at the end thereof the following new subsections: “(c) The Secretary is authorized, after October 1, 1977, with respect to any unit or dwelling newly constructed during the period beginning eighteen months prior to the date of enactment of the Housing and Community Development Act of 1977 and purchased with financial assistance authorized by this title which he finds to have structural defects to make expenditures for (1) correcting such defects, (2) paying the claims of the owner of the property arising from such defects, or (3) acquiring title to the property, if such assistance is requested by the owner of the property within eighteen months after financial assistance under this title is rendered to the owner of the property or, in the case of property with respect to which assistance was made available within eighteen months prior to the date of enactment of the Housing and Community Develop-ment Act of 1977, within eighteen months after such date of enactment. Expenditures pursuant to this subsection may be paid from the Rural Housing Insurance Fund. Decisions by the Secretary regarding such expenditures or payments under this subsection, and the terms and conditions under which the same are approved or disapproved, shall not be subject to judicial review. “(d) The Secretary shall, by regulation, prescribe the terms and conditions under which expenditures and payments may be made under the provisions of this section.”. Sec. 505. farm labor housing loans and grants in puerto rico and the virgin islands Section 514(f)(3) of the Housing Act of 1949 is amended to read as follows: “(3) the term ‘domestic farm labor’ means persons who receive a substantial portion (as determined by the Secretary) of their income as laborers on farms situated in the United States, Puerto Rico, or the Virgin Islands and either (A) are citizens of the United States, or (B) reside in the United States, Puerto Rico, or the Virgin Islands after being legally admitted for permanent residence therein.”. Sec. 506. purposes for which funds from the rural housing insurance fund may be used Section 517(j) of the Housing Act of 1949 is amended— (1) by striking out “and” at the end of paragraph (3); (2) by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraphs: “(5) after October 1, 1977, and as approved in appropriations Ante, p. 1139. Acts, to make advances authorized by section 501(e); and “(6) after October 1, 1977, and as approved in appropriations Ante, p. 1139. Acts, to make the expenditures authorized by section 509(c).”. Sec. 507. housing for the elderly and handicapped (a) Title V of the Housing Act of 1949 is amended— (1) by striking out “elderly persons” in section 501(a)(3) and inserting in lieu thereof “elderly or handicapped persons or families”; (2) by striking out “that he is an elderly person in a rural area without an adequate dwelling or related facilities for his own use,” in section 501(c)(1) and inserting in lieu thereof “that the applicant is an elderly or handicapped person or family in a rural area without an adequate dwelling or related facility for its own use,”; (3) by striking out “elderly persons and elderly families” in 42 USC 1485. subsections (a) and (b) of section 515 and inserting in lieu thereof “elderly or handicapped persons or families”; (4) by striking out “elderly persons and elderly families” in 42 USC 1490a. section 521(a)(1) and inserting in lieu thereof “elderly or handicapped persons or families”: and (5) by inserting “or handicapped” after “elderly” in clause (i) of the last sentence of section 521(a)(2)(A). (b) Section 501(b)(3) of such Act is amended to read as follows: 42 USC 1471. “Elderly or handicapped persons or families.” “(3) For the purposes of this title, the term ‘elderly or handicapped persons or families’ means families which consist of two or more persons, the head of which (or his or her spouse) is at least sixty-two years of age or is handicapped. Such term also means a single person who is at least sixty-two years of age or is handicapped. A person shall be considered handicapped if such person is determined, pursuant to regulations issued by the Secretary, to have an impairment which (A) is expected to be of long-continued and indefinite duration, (B) substantially impedes his ability to live independently, and (C) is of such a nature that such ability could be improved by more suitable housing conditions, or if such person is a developmentally disabled individual as defined in section 102(7) of the Developmental Disabilities Services and Facilities Construction Act. 42 USC 6001. The Secretary shall prescribe such regulations as may be necessary to prevent abuses in determining, under the definitions contained in this paragraph, eligibility of families and persons for admission to and occupancy of housing constructed with assistance under this title. Notwithstanding the preceding provisions of this paragraph, such term also includes two or more elderly (sixty-two years of age or over) or handicapped persons living together, one or more such persons living with another person who is determined (under regulations prescribed by the Secretary) to be essential to the care or well-being of such persons, and the surviving member or members of any family described in the first sentence of this paragraph who were living, in a unit assisted under this title, with the deceased member of the family at the time of his or her death.”. Sec. 508. congregate housing for elderly and handicapped families (a) Section 515(c) of the Housing Act of 1949 is amended 42 USC 1485 by adding at the end thereof the following new sentence: “However, specifically designed equipment required by elderly or handicapped persons or families shall not be considered elaborate or extravagant.”. (b) Section 515(d)(1) of such Act is amended by adding at the end thereof the following: “; and such term also means congregate housing facilities for elderly or handicapped persons or families who require some supervision and central services but are otherwise able to care for themselves; such housing for the handicapped may be utilized in conjunction with educational and training facilities;”. (c) Section 515(d)(3) of such Act is amended to read as follows: “(3) the term ‘congregate housing’ means housing in which “Congregate housing.” (A) some of the units may not have kitchen facilities, and (B) there is a central dining facility to provide wholesome and economic meals for elderly or handicapped persons or families.”. Sec. 509. providing for a division of insured rural housing loans Section 517 of the Housing Act of 1949 (as amended by section 502(c)) is amended by adding at the end thereof the following Ante, p. 1139. new subsection: “(o) At least 60 per centum of the amount of loans made pursuant to sections 502 and 515 shall benefit persons of low income.”. 42 USC 1472, 1485. Sec. 510. rural housing research Section 506(d) of the Housing Act of 1949 is amended to read as follows: “(d) In order to carry out this section, the Secretary shall establish a research capacity within the Farmers Home Administration which shall have authority to undertake, or to contract with any public or private body to undertake, research authorized by this section.”. Sec. 511. rural rental assistance Section 521(a)(2)(A) of the Housing Act of 1949 is amended by striking out “may” wherever it appeal’s, except in clause (i), and inserting in lieu thereof “shall”. Sec. 512. taxation of farmers home administration-held property (a) Title V of the Housing Act of 1949 is amended by adding the following new section at the end thereof: “Sec. 528. All property subject to a lien held by the United States or the title to which is acquired or held by the Secretary under this title other than property used for administrative purposes shall be subject to taxation by a State, Commonwealth, territory, possession, district, and local political subdivisions in the same manner and to the same extent as other property is taxed: Provided, That no tax shall be imposed or collected on or with respect to any instrument if the tax is based on— “(1) the value of any notes or mortgages or other lien instruments held by or transferred to the Secretary; “(2) any notes or lien instruments administered under this title which are made, assigned, or held by a person otherwise liable for such tax; or “(3) the value of any property conveyed or transferred to the Secretary, whether as a tax on the instrument, the privilege of conveying or transferring, or the recordation thereof; nor shall the failure to pay or collect any such tax be a ground for refusal to record or file such instruments, or for failure to impart notice, or prevent the enforcement of its provisions in any State or Federal court.”. (b) Notwithstanding any other provision of law, no State, Commonwealth, territory, possession, district, or local political subdivision which has received, prior to the date of enactment of this Act, tax payments from the Department of Agriculture based on property held by the Farmers Home Administration shall be liable for, or be obligated to refund, the amount of any such payment, which, if it had been made after the date of enactment of this Act, would have been Supra. authorized by the provisions of section 528 of the Housing Act of 1949, and no officer or employee of the United States shall incur or be under any liability by reason of having made or authorized any such payments. (c) The amendment made by subsection (a) shall become effective as of January 1, 1977.

20. 1977

    Housing and Community Development Act of 1977

    Pub. L. 95–128 § 508(a) · 91 Stat. 1111

    Changed · 42 U.S.C. § 1485(c)

    Pub. L. 95–128, § 508(a), provided that specifically designed equipment required by elderly or handicapped persons or families shall not be considered elaborate or extravagant

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–128, § 508(a), provided that specifically designed equipment required by elderly or handicapped persons or families shall not be considered elaborate or extravagant.

    Enacted provision · exact public law section
    (a) Section 515(c) of the Housing Act of 1949 is amended 42 USC 1485 by adding at the end thereof the following new sentence: “However, specifically designed equipment required by elderly or handicapped persons or families shall not be considered elaborate or extravagant.”.

21. 1977

    Housing and Community Development Act of 1977

    Pub. L. 95–128 § 508(b) · 91 Stat. 1111

    Changed · 42 U.S.C. § 1485(d)(1)

    Pub. L. 95–128, § 508(b), defined “housing” to also mean congregate housing facilities for elderly or handicapped persons or families who require some supervision and central services but are otherwise able to care for themselves and authorized such housing for the handicapped to be utilized in conjunction with educational and training facilities

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 95–128, § 508(b), defined “housing” to also mean congregate housing facilities for elderly or handicapped persons or families who require some supervision and central services but are otherwise able to care for themselves and authorized such housing for the handicapped to be utilized in conjunction with educational and training facilities.

    Enacted provision · exact public law section
    (b) Section 515(d)(1) of such Act is amended by adding at the end thereof the following: “; and such term also means congregate housing facilities for elderly or handicapped persons or families who require some supervision and central services but are otherwise able to care for themselves; such housing for the handicapped may be utilized in conjunction with educational and training facilities;”.

22. 1977

    Housing and Community Development Act of 1977

    Pub. L. 95–128 § 508(c) · 91 Stat. 1111

    Substituted · 42 U.S.C. § 1485(d)(3)

    Pub. L. 95–128, § 508(c), substituted definition of “congregate housing” for prior definition of “elderly persons” as persons 62 years of age or over and “elderly families” as families the head of which (or his spouse) is 62 years of age or over

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 95–128, § 508(c), substituted definition of “congregate housing” for prior definition of “elderly persons” as persons 62 years of age or over and “elderly families” as families the head of which (or his spouse) is 62 years of age or over.

    Enacted provision · exact public law section
    (c) Section 515(d)(3) of such Act is amended to read as follows: “(3) the term ‘congregate housing’ means housing in which “Congregate housing.” (A) some of the units may not have kitchen facilities, and (B) there is a central dining facility to provide wholesome and economic meals for elderly or handicapped persons or families.”.

23. 1978

    Pub. L. 95–406 § 7(b) · 92 Stat. 879

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 95–406 substituted “October 31, 1978” for “September 30, 1978”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–406 substituted “October 31, 1978” for “September 30, 1978”.

    Enacted provision · exact public law section
    (b) Section 515 of such Act is amended by striking out “September 42 USC 1485. 30, 1978” where it appears in paragraph (b) (5) and inserting in lieu thereof “October 31, 1978”.

24. 1978

    Housing and Community Development Amendments of 1978

    Pub. L. 95–557 title V § 501(e) · 92 Stat. 2080

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 95–557 substituted “September 30, 1979” for “October 31, 1978”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 95–557 substituted “September 30, 1979” for “October 31, 1978”.

    Enacted provision · exact public law section
    (e) Section 515(b)(5) of such Act is amended by striking 42 USC 1485. out “October 31, 1978” and inserting in lieu thereof “September 30, 1979”.

25. 1979

    Pub. L. 96–71 § 5(b) · 93 Stat. 501

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 96–71 substituted “October 31, 1979” for “September 30, 1979”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–71 substituted “October 31, 1979” for “September 30, 1979”.

    Enacted provision · exact public law section
    (b) Section 515 of such Act is amended by striking out “September 30, 1979” where it appears in paragraph (b)(5) and inserting in lieu thereof “October 31, 1979”.

26. 1979

    Pub. L. 96–105 § 5(b) · 93 Stat. 794

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 96–105 substituted “November 30, 1979” for “October 31, 1979”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–105 substituted “November 30, 1979” for “October 31, 1979”.

    Enacted provision · exact public law section
    (b) Section 515 of such Act is amended by striking out “October 31, Ante, p. 502. 1979” where it appears in paragraph (b)(5) and inserting in lieu thereof “November 30, 1979”.

27. 1979

    Housing and Community Development Amendments of 1979

    Pub. L. 96–153 title V § 501(f) · 93 Stat. 1101

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 96–153 substituted “September 30, 1980” for “November 30, 1979”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 96–153 substituted “September 30, 1980” for “November 30, 1979”.

    Enacted provision · exact public law section
    (f) Section 515(b)(5) of such Act is amended by striking out “November 30, 1979” and inserting in lieu thereof “September 30, 1980”.

28. 1980

    Pub. L. 96–372 § 6(b) · 94 Stat. 1363

    Substituted · 42 U.S.C. § 1485(b)

    Pub. L. 96–372 substituted “October 15, 1980” for “September 30, 1980” in par. (5)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–372 substituted “October 15, 1980” for “September 30, 1980” in par. (5).

    Enacted provision · exact public law section
    (b) Section 515(b)(5) of such Act is amended by striking out “September 30, 1980” and inserting in lieu thereof “October 15, 1980”.

29. 1980

    Housing and Community Development Act of 1980

    Pub. L. 96–399 title V · 94 Stat. 1614

    1. Inserted · 42 U.S.C. § 1485(a)

       Pub. L. 96–399, §§ 503(a), 507(c)(1), inserted reference to Indian tribes in provisions preceding par. (1)

    2. Added · 42 U.S.C. § 1485(a)

       Pub. L. 96–399, §§ 503(a), 507(c)(1), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–399, §§ 503(a), 507(c)(1), inserted reference to Indian tribes in provisions preceding par. (1), and added par. (4).

    Enacted provision · exact public law
    TITLE V— RURAL HOUSING Sec. 501. authorizations (a) Section 513 of the Housing Act of 1949 is amended— 42 USC 1483. (1) by striking out “not to exceed $4,484,000,000 with respect to fiscal year ending October 15, 1980” in subsection (a) and inserting in lieu thereof “not to exceed $3,797,600,000 with respect to the fiscal year ending September 30, 1981”; (2) by striking out “not less than $3,070,000,000” in subsection (a)(1) and inserting in lieu thereof “not less than $3,120,000,000”; (3) by striking out “not more than $38,000,000” in subsection (a)(2) and inserting in lieu thereof “not more than $25,600,000”; (4) by striking out “and” at the end of subsection (a)(2), by striking out the period at the end of subsection (a)(3) and inserting in lieu thereof “; and”, and by adding at the end of subsection (a) the following new paragraph: “(4) not more than $100,000,000 of such amount shall be available for loans guaranteed pursuant to this title on behalf of borrowers who do not receive assistance pursuant to subparagraph (B) or (C) of section 521(a)(1).”; 42 USC 1490a. (5) by striking out subsection (b)(2) and inserting in lieu thereof the following: “(2) not to exceed $49,000,000 for loans and grants pursuant to section 504 for the fiscal year ending September 30, 1981, of 42 USC 1474. which not more than $25,000,000 shall be available for grants;”: (6) by striking out “not to exceed $30,000,000 for financial assistance pursuant to section 516 for the fiscal year ending 42 USC 1486. October 15, 1980” in subsection (b)(3) and inserting in lieu thereof “not to exceed $25,000,000 for financial assistance pursuant to section 516 for the fiscal year ending September 30, 1981”; and (7) by striking out “not to exceed $1,500,000 for the purposes of section 525(a) of which not less than $750,000 shall be used for 42 USC 1490e. counseling purchasers and delinquent borrowers and not to exceed $1,000,000 for the purposes of section 525(b) for the fiscal year ending September 30, 1980” in subsection (b)(4) and inserting in lieu thereof “not to exceed $2,000,000 for the purposes of 42 USC 1490e. section 525(a), of which not less than $1,000,000 shall be used for counseling purchasers and delinquent borrowers, for the fiscal year ending September 30, 1981”. (b) Section 515(b)(5) of such Act is amended by striking out “October 15, 1980” and inserting in lieu thereof “September 30, 1981”. (c) Section 517(a)(1) of such Act is amended by striking out “October 15, 1980” and inserting in lieu thereof “September 30, 1981”. (d) Section 523 of such Act is amended— (1) by striking out “October 15, 1980” wherever it appears in subsection (f) and inserting in lieu thereof “September 30, 1981”; and (2) by striking out subsection (g) and inserting in lieu thereof the following: “(g) There are authorized to be appropriated for the purposes of subsection (b)(1)(B) not to exceed $2,500,000 for fiscal year 1981. Amounts appropriated under this subsection, together with principal collections from loans made under appropriations in any previous fiscal years, shall be deposited in the Self-Help Housing Land Development Fund, which shall be available as a revolving fund for making loans under subsection (b)(1)(B). Instruments and property acquired by the Secretary in or as a result of making such loans shall be assets of the Self-Help Land Development Fund.”. (e) Section 521(a)(2) of such Act is amended by adding the following new subparagraph at the end thereof: “(D) The Secretary, to the extent approved in appropriation Acts, may enter into rental assistance contracts aggregating not more than $493,000,000 in carrying out subparagraph (A) with respect to the fiscal year ending on September 30, 1981, except that such amount shall be reduced by any amount approved in appropriation Acts for use pursuant to section 521(a)(1)(C).”. (f) Section 521(a)(1)(C) of such Act is amended— (1) by striking out the second sentence thereof and inserting in lieu thereof the following: “The amount of such additional assistance which may be approved in appropriation Acts may not exceed an aggregate amount of $100,000,000.”; and (2) by striking out “after October 15, 1980” in the third sentence and inserting in lieu thereof “with respect to any fiscal year beginning on or after October 1, 1981”. Sec. 502. refinancing for consumer cooperative Section 515 of the Housing Act of 1949 is amended by adding at the end thereof the following: “(f) Notwithstanding the provisions of subsections (a) and (b) of this section, the Secretary may make and insure loans to consumer cooperatives to enable such cooperatives to finance the transfers of memberships in the cooperatives upon such terms and conditions as low- and moderate-income persons can reasonably afford, except that such loans shall not be made upon terms more favorable than are 42 USC 1490a. authorized under section 521(a), and that the total loan to a cooperative under this section shall not exceed the value of the property.”. Sec. 503. continued eligibility of co-op members (a) Section 515(a) of the Housing Act of 1949 is amended— (1) by striking out “and” at the end of paragraph (2); (3) by striking out the period at the end of paragraph (3) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (3) the following: “(4) such a loan, when made to a consumer cooperative for cooperative housing purposes, may, notwithstanding any other provision of law, be made upon the condition that any person who is admitted as an eligible member and tenant of the cooperative may not subsequently be deprived of his membership or tenancy by reason of his no longer meeting the income eligibility requirements established by the Secretary.”. (b) Section 515(b) of such Act is amended— 42 USC 1485. (1) by striking out “and” at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following new paragraph: “(6) such a loan, when made to a consumer cooperative for cooperative housing purposes, may, notwithstanding any other provision of law, be made upon the condition that any person who is admitted as an eligible member and tenant of the cooperative may not subsequently be deprived of his membership or tenancy by reason of his no longer meeting the income eligibility requirements established by the Secretary.”. Sec. 504. surplus federal land The first sentence of section 414 of the Housing and Urban Development Act of 1969 is amended to read as follows: “Notwithstanding Low- or moderate-income housing. 40 USC 484b. 40 USC 471 note. the provisions of the Federal Property and Administrative Services Act of 1949, any Federal surplus real property within the meaning of such Act may, in the discretion of the Administrator of General Services, be transferred to the Secretary of Housing and Urban Development or the Secretary of Agriculture at the request of either such Secretary for sale or lease by either Secretary at its fair value for use in the provision of housing to be occupied predominantly by families or individuals of low- or moderate-income, assisted under a Federal housing assistance program administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture or under a State or local program found by the appropriate Secretary to have the same general purpose, and for related public commercial or industrial facilities approved by the appropriate Secretary.”. Sec. 505. interest credits Section 521(a)(1)(B) of the Housing Act of 1949 is amended 42 USC 1490a. by striking out “may” and inserting in lieu thereof “shall”. Sec. 506. definitions Section 501(b) of the Housing Act of 1949 is amended by 42 USC 1471. adding at the end thereof the following new paragraphs: “(6) For the purposes of this title, the term ‘Indian tribe’ means any Indian tribe, band, group, and nation, including Alaska Indians, Aleuts, and Eskimos, and any Alaskan Native Village, of the United States, which is considered an eligible recipient under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) or under the State and Local Fiscal Assistance Act of 1972 25 USC 450 note. 31 USC 1221 note. (Public Law 92–512). “(7) For the purposes of this title, the term ‘rural resident’ shall include a family or a person who is a renter of a dwelling unit in a rural area. “(8) For the purposes of this title, the term ‘adequate dwelling’ means a decent, safe, and sanitary dwelling unit.”. Sec. 507. assistance to indians and alaskan natives and to other persons residing in reservations or villages (a) Section 501 of the Housing Act of 1949 is amended by inserting the following after “residents” in subsection (a)(2): “, including persons who reside in reservations or villages of Indian tribes,”. (b) Section 514 of such Act is amended by inserting “or to any Indian tribe for such purpose,” before “or to any State” in subsection (a). (c) Section 515 of such Act is amended— (1) by inserting “and Indian tribes” after “consumer cooperatives” in subsection (a); and (2) by inserting “Indian tribe,” after “trust,” in subsection (b). (d) Section 516 of such Act is amended by inserting “or any Indian tribe,” after “or political subdivision thereof” in subsection (a). (e) Section 523 of such Act is amended— (1) by inserting “Indian tribes,” after “organizations,” in subsection (b)(1)(A); (2) by inserting “and to Indian tribes” after “private nonprofit organizations” in subsection (b)(1)(B); and (3) by inserting “, including Indian tribes,” after “other associations” in subsection (b)(2). (f) Section 524(a) of such Act is amended by inserting “and to Indian tribes” after “nonprofit organizations” the first time it appears in the first sentence. (g) Section 525 of such Act is amended by inserting “Indian tribes,” after “organizations,” in the first sentences of subsections (a) and (b). (h) The second sentence of section 501(c) of such Act is amended by inserting “or Indian tribe” after “local public agency”. Sec. 508. applicability of energy conservaton standards to homes acquired and sold by the farmers’ home administration Section 510(e) of the Housing Act of 1949 is amended by inserting after “standards,” in clause (1) the following: “including cost-effective energy conservation standards prescribed under section 42 USC 1479. 509(a),”. Sec. 509. condition on rent increases in 514, 515, and 517 projects Title V of the Housing Act of 1949 is amended by adding the following new section at the end thereof: “Sec. 530. “condition on rent increases in 514, 515, and 517 projects The Secretary may not approve any increase in rental payments, with respect to units in which the tenants are paying rentals in excess of 25 per centum of their incomes, in any project 42 USC 1484, 1485, 1487. 42 USC 1490a. which is assisted under section 514, 515, or 517 and under section 521(a)(1)(B) unless the project owner is receiving, or has applied for (within the most recent period of 180 days prior to the effective date of such increase), rental assistance payments with respect to such project under section 521(a)(2)(A) of this title or section 8 of the 42 USC 1437f. United States Housing Act of 1937.”. Sec. 510. subsequent loans in ineligible areas Section 510 of the Housing Act of 1949 is amended by 42 USC 1480. inserting the following after “available” in subsection (h): “for subsequent loans to permit necessary dwelling repairs and rehabilitation and”. Sec. 511. guaranteed loans Section 517(n) of the Housing Act of 1949 is amended by 42 USC 1487. inserting “moderate or” after “borrowers with”. Sec. 512. displacement Section 501 of the Housing Act of 1949 is amended by 42 USC 1471. adding at the end thereof the following: “(g) The programs authorized by this title shall be carried out, consistent with program goals and objectives, so that the involuntary displacement of families and businesses is avoided.”. Sec. 513. study (a) The Secretary of Agriculture shall study the legislative and administrative changes which would be required— (1) to conform the procedures of the Farmers Home Administration for reporting budget and accounting information with the reporting principles established by the Presidential Commission on Budget Concepts; (2) to establish procedures to reflect fully in the Federal Budget the budget authority and budget outlays of the programs administered by the Farmers Home Administration; (3) to remove budget and accounting practices which are inconsistent with the practices for recording debt transactions as provided in the current policy of the Office of Management and Budget; and (4) to simplify the authorities provided in title V of the Housing Act of 1949. 42 USC 1471. (b) In carrying out this study, the Secretary shall consult with the appropriate committees of the Congress, the Comptroller General of the United States, and the Office of Management and Budget. (c) The Secretary shall report to the Congress the results of such Report to Congress. study with recommendations for legislative and administrative changes for each of the matters described in paragraphs (1) through (4) of subsection (a), no later than the date on which the President’s Budget for Fiscal Year 1982 is submitted to the Congress. Sec. 514. prepayment and refinancing of loans under sections 514 and 515 (a) Section 502(c) of the Housing Act of 1949 is amended— 42 USC 1472. (1) by striking out “Except as provided in paragraph (2), the” in paragraph (1) and inserting in lieu thereof “The”; (2) by striking out “entered into before or after” each time it appears in paragraph (1) and inserting in lieu thereof “entered into after”; and (3) by striking out paragraph (2) and inserting in lieu thereof the following: “(2) If any loan which was made or insured under section 514 or 515 Relocation priority. 42 USC 1484, 1485. pursuant to a contract entered into before December 21, 1979, is prepaid or refinanced on or after the date of enactment of the Housing and Community Development Act of 1980, and tenants of the housing and related facilities financed with such loan are displaced due to a change in the use of the housing, or to an increase in rental or other charges, as a result of such prepayment or refinancing, the Secretary shall provide such tenants a priority for relocation in alternative housing assisted pursuant to this title.”. (b) The Secretary of Agriculture shall conduct a study of, and report to the Congress not later than 6 months after the date of enactment of this Act on, any adverse effects the amendments made by subsection (a) may have on housing, particularly for the elderly and persons of low income.

30. 1980

    Housing and Community Development Act of 1980

    Pub. L. 96–399 title V · 94 Stat. 1614

    1. Substituted · 42 U.S.C. § 1485(b)

       Pub. L. 96–399, §§ 501(b), 503(b), 507(c)(2), inserted reference to Indian tribe in provisions preceding par. (1), in par. (5) substituted “September 30, 1981” for “October 15, 1980”

    2. Added · 42 U.S.C. § 1485(b)

       Pub. L. 96–399, §§ 501(b), 503(b), 507(c)(2), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–399, §§ 501(b), 503(b), 507(c)(2), inserted reference to Indian tribe in provisions preceding par. (1), in par. (5) substituted “September 30, 1981” for “October 15, 1980”, and added par. (6).

    Enacted provision · exact public law
    TITLE V— RURAL HOUSING Sec. 501. authorizations (a) Section 513 of the Housing Act of 1949 is amended— 42 USC 1483. (1) by striking out “not to exceed $4,484,000,000 with respect to fiscal year ending October 15, 1980” in subsection (a) and inserting in lieu thereof “not to exceed $3,797,600,000 with respect to the fiscal year ending September 30, 1981”; (2) by striking out “not less than $3,070,000,000” in subsection (a)(1) and inserting in lieu thereof “not less than $3,120,000,000”; (3) by striking out “not more than $38,000,000” in subsection (a)(2) and inserting in lieu thereof “not more than $25,600,000”; (4) by striking out “and” at the end of subsection (a)(2), by striking out the period at the end of subsection (a)(3) and inserting in lieu thereof “; and”, and by adding at the end of subsection (a) the following new paragraph: “(4) not more than $100,000,000 of such amount shall be available for loans guaranteed pursuant to this title on behalf of borrowers who do not receive assistance pursuant to subparagraph (B) or (C) of section 521(a)(1).”; 42 USC 1490a. (5) by striking out subsection (b)(2) and inserting in lieu thereof the following: “(2) not to exceed $49,000,000 for loans and grants pursuant to section 504 for the fiscal year ending September 30, 1981, of 42 USC 1474. which not more than $25,000,000 shall be available for grants;”: (6) by striking out “not to exceed $30,000,000 for financial assistance pursuant to section 516 for the fiscal year ending 42 USC 1486. October 15, 1980” in subsection (b)(3) and inserting in lieu thereof “not to exceed $25,000,000 for financial assistance pursuant to section 516 for the fiscal year ending September 30, 1981”; and (7) by striking out “not to exceed $1,500,000 for the purposes of section 525(a) of which not less than $750,000 shall be used for 42 USC 1490e. counseling purchasers and delinquent borrowers and not to exceed $1,000,000 for the purposes of section 525(b) for the fiscal year ending September 30, 1980” in subsection (b)(4) and inserting in lieu thereof “not to exceed $2,000,000 for the purposes of 42 USC 1490e. section 525(a), of which not less than $1,000,000 shall be used for counseling purchasers and delinquent borrowers, for the fiscal year ending September 30, 1981”. (b) Section 515(b)(5) of such Act is amended by striking out “October 15, 1980” and inserting in lieu thereof “September 30, 1981”. (c) Section 517(a)(1) of such Act is amended by striking out “October 15, 1980” and inserting in lieu thereof “September 30, 1981”. (d) Section 523 of such Act is amended— (1) by striking out “October 15, 1980” wherever it appears in subsection (f) and inserting in lieu thereof “September 30, 1981”; and (2) by striking out subsection (g) and inserting in lieu thereof the following: “(g) There are authorized to be appropriated for the purposes of subsection (b)(1)(B) not to exceed $2,500,000 for fiscal year 1981. Amounts appropriated under this subsection, together with principal collections from loans made under appropriations in any previous fiscal years, shall be deposited in the Self-Help Housing Land Development Fund, which shall be available as a revolving fund for making loans under subsection (b)(1)(B). Instruments and property acquired by the Secretary in or as a result of making such loans shall be assets of the Self-Help Land Development Fund.”. (e) Section 521(a)(2) of such Act is amended by adding the following new subparagraph at the end thereof: “(D) The Secretary, to the extent approved in appropriation Acts, may enter into rental assistance contracts aggregating not more than $493,000,000 in carrying out subparagraph (A) with respect to the fiscal year ending on September 30, 1981, except that such amount shall be reduced by any amount approved in appropriation Acts for use pursuant to section 521(a)(1)(C).”. (f) Section 521(a)(1)(C) of such Act is amended— (1) by striking out the second sentence thereof and inserting in lieu thereof the following: “The amount of such additional assistance which may be approved in appropriation Acts may not exceed an aggregate amount of $100,000,000.”; and (2) by striking out “after October 15, 1980” in the third sentence and inserting in lieu thereof “with respect to any fiscal year beginning on or after October 1, 1981”. Sec. 502. refinancing for consumer cooperative Section 515 of the Housing Act of 1949 is amended by adding at the end thereof the following: “(f) Notwithstanding the provisions of subsections (a) and (b) of this section, the Secretary may make and insure loans to consumer cooperatives to enable such cooperatives to finance the transfers of memberships in the cooperatives upon such terms and conditions as low- and moderate-income persons can reasonably afford, except that such loans shall not be made upon terms more favorable than are 42 USC 1490a. authorized under section 521(a), and that the total loan to a cooperative under this section shall not exceed the value of the property.”. Sec. 503. continued eligibility of co-op members (a) Section 515(a) of the Housing Act of 1949 is amended— (1) by striking out “and” at the end of paragraph (2); (3) by striking out the period at the end of paragraph (3) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (3) the following: “(4) such a loan, when made to a consumer cooperative for cooperative housing purposes, may, notwithstanding any other provision of law, be made upon the condition that any person who is admitted as an eligible member and tenant of the cooperative may not subsequently be deprived of his membership or tenancy by reason of his no longer meeting the income eligibility requirements established by the Secretary.”. (b) Section 515(b) of such Act is amended— 42 USC 1485. (1) by striking out “and” at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following new paragraph: “(6) such a loan, when made to a consumer cooperative for cooperative housing purposes, may, notwithstanding any other provision of law, be made upon the condition that any person who is admitted as an eligible member and tenant of the cooperative may not subsequently be deprived of his membership or tenancy by reason of his no longer meeting the income eligibility requirements established by the Secretary.”. Sec. 504. surplus federal land The first sentence of section 414 of the Housing and Urban Development Act of 1969 is amended to read as follows: “Notwithstanding Low- or moderate-income housing. 40 USC 484b. 40 USC 471 note. the provisions of the Federal Property and Administrative Services Act of 1949, any Federal surplus real property within the meaning of such Act may, in the discretion of the Administrator of General Services, be transferred to the Secretary of Housing and Urban Development or the Secretary of Agriculture at the request of either such Secretary for sale or lease by either Secretary at its fair value for use in the provision of housing to be occupied predominantly by families or individuals of low- or moderate-income, assisted under a Federal housing assistance program administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture or under a State or local program found by the appropriate Secretary to have the same general purpose, and for related public commercial or industrial facilities approved by the appropriate Secretary.”. Sec. 505. interest credits Section 521(a)(1)(B) of the Housing Act of 1949 is amended 42 USC 1490a. by striking out “may” and inserting in lieu thereof “shall”. Sec. 506. definitions Section 501(b) of the Housing Act of 1949 is amended by 42 USC 1471. adding at the end thereof the following new paragraphs: “(6) For the purposes of this title, the term ‘Indian tribe’ means any Indian tribe, band, group, and nation, including Alaska Indians, Aleuts, and Eskimos, and any Alaskan Native Village, of the United States, which is considered an eligible recipient under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) or under the State and Local Fiscal Assistance Act of 1972 25 USC 450 note. 31 USC 1221 note. (Public Law 92–512). “(7) For the purposes of this title, the term ‘rural resident’ shall include a family or a person who is a renter of a dwelling unit in a rural area. “(8) For the purposes of this title, the term ‘adequate dwelling’ means a decent, safe, and sanitary dwelling unit.”. Sec. 507. assistance to indians and alaskan natives and to other persons residing in reservations or villages (a) Section 501 of the Housing Act of 1949 is amended by inserting the following after “residents” in subsection (a)(2): “, including persons who reside in reservations or villages of Indian tribes,”. (b) Section 514 of such Act is amended by inserting “or to any Indian tribe for such purpose,” before “or to any State” in subsection (a). (c) Section 515 of such Act is amended— (1) by inserting “and Indian tribes” after “consumer cooperatives” in subsection (a); and (2) by inserting “Indian tribe,” after “trust,” in subsection (b). (d) Section 516 of such Act is amended by inserting “or any Indian tribe,” after “or political subdivision thereof” in subsection (a). (e) Section 523 of such Act is amended— (1) by inserting “Indian tribes,” after “organizations,” in subsection (b)(1)(A); (2) by inserting “and to Indian tribes” after “private nonprofit organizations” in subsection (b)(1)(B); and (3) by inserting “, including Indian tribes,” after “other associations” in subsection (b)(2). (f) Section 524(a) of such Act is amended by inserting “and to Indian tribes” after “nonprofit organizations” the first time it appears in the first sentence. (g) Section 525 of such Act is amended by inserting “Indian tribes,” after “organizations,” in the first sentences of subsections (a) and (b). (h) The second sentence of section 501(c) of such Act is amended by inserting “or Indian tribe” after “local public agency”. Sec. 508. applicability of energy conservaton standards to homes acquired and sold by the farmers’ home administration Section 510(e) of the Housing Act of 1949 is amended by inserting after “standards,” in clause (1) the following: “including cost-effective energy conservation standards prescribed under section 42 USC 1479. 509(a),”. Sec. 509. condition on rent increases in 514, 515, and 517 projects Title V of the Housing Act of 1949 is amended by adding the following new section at the end thereof: “Sec. 530. “condition on rent increases in 514, 515, and 517 projects The Secretary may not approve any increase in rental payments, with respect to units in which the tenants are paying rentals in excess of 25 per centum of their incomes, in any project 42 USC 1484, 1485, 1487. 42 USC 1490a. which is assisted under section 514, 515, or 517 and under section 521(a)(1)(B) unless the project owner is receiving, or has applied for (within the most recent period of 180 days prior to the effective date of such increase), rental assistance payments with respect to such project under section 521(a)(2)(A) of this title or section 8 of the 42 USC 1437f. United States Housing Act of 1937.”. Sec. 510. subsequent loans in ineligible areas Section 510 of the Housing Act of 1949 is amended by 42 USC 1480. inserting the following after “available” in subsection (h): “for subsequent loans to permit necessary dwelling repairs and rehabilitation and”. Sec. 511. guaranteed loans Section 517(n) of the Housing Act of 1949 is amended by 42 USC 1487. inserting “moderate or” after “borrowers with”. Sec. 512. displacement Section 501 of the Housing Act of 1949 is amended by 42 USC 1471. adding at the end thereof the following: “(g) The programs authorized by this title shall be carried out, consistent with program goals and objectives, so that the involuntary displacement of families and businesses is avoided.”. Sec. 513. study (a) The Secretary of Agriculture shall study the legislative and administrative changes which would be required— (1) to conform the procedures of the Farmers Home Administration for reporting budget and accounting information with the reporting principles established by the Presidential Commission on Budget Concepts; (2) to establish procedures to reflect fully in the Federal Budget the budget authority and budget outlays of the programs administered by the Farmers Home Administration; (3) to remove budget and accounting practices which are inconsistent with the practices for recording debt transactions as provided in the current policy of the Office of Management and Budget; and (4) to simplify the authorities provided in title V of the Housing Act of 1949. 42 USC 1471. (b) In carrying out this study, the Secretary shall consult with the appropriate committees of the Congress, the Comptroller General of the United States, and the Office of Management and Budget. (c) The Secretary shall report to the Congress the results of such Report to Congress. study with recommendations for legislative and administrative changes for each of the matters described in paragraphs (1) through (4) of subsection (a), no later than the date on which the President’s Budget for Fiscal Year 1982 is submitted to the Congress. Sec. 514. prepayment and refinancing of loans under sections 514 and 515 (a) Section 502(c) of the Housing Act of 1949 is amended— 42 USC 1472. (1) by striking out “Except as provided in paragraph (2), the” in paragraph (1) and inserting in lieu thereof “The”; (2) by striking out “entered into before or after” each time it appears in paragraph (1) and inserting in lieu thereof “entered into after”; and (3) by striking out paragraph (2) and inserting in lieu thereof the following: “(2) If any loan which was made or insured under section 514 or 515 Relocation priority. 42 USC 1484, 1485. pursuant to a contract entered into before December 21, 1979, is prepaid or refinanced on or after the date of enactment of the Housing and Community Development Act of 1980, and tenants of the housing and related facilities financed with such loan are displaced due to a change in the use of the housing, or to an increase in rental or other charges, as a result of such prepayment or refinancing, the Secretary shall provide such tenants a priority for relocation in alternative housing assisted pursuant to this title.”. (b) The Secretary of Agriculture shall conduct a study of, and report to the Congress not later than 6 months after the date of enactment of this Act on, any adverse effects the amendments made by subsection (a) may have on housing, particularly for the elderly and persons of low income.

31. 1980

    Housing and Community Development Act of 1980

    Pub. L. 96–399 § 502 · 94 Stat. 1614

    Added · 42 U.S.C. § 1485(f)

    Pub. L. 96–399, § 502, added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 96–399, § 502, added subsec. (f).

    Enacted provision · exact public law section
    Sec. 502. refinancing for consumer cooperative Section 515 of the Housing Act of 1949 is amended by adding at the end thereof the following: “(f) Notwithstanding the provisions of subsections (a) and (b) of this section, the Secretary may make and insure loans to consumer cooperatives to enable such cooperatives to finance the transfers of memberships in the cooperatives upon such terms and conditions as low- and moderate-income persons can reasonably afford, except that such loans shall not be made upon terms more favorable than are 42 USC 1490a. authorized under section 521(a), and that the total loan to a cooperative under this section shall not exceed the value of the property.”.

32. 1981

    Housing and Community Development Amendments of 1981

    Pub. L. 97–35 title III § 351(b) · 95 Stat. 357

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 97–35 substituted “1982” for “1981”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 97–35 substituted “1982” for “1981”.

    Enacted provision · exact public law section
    (b) Section 515(b)(5) of such Act is amended by striking out “September 30, 1981” and inserting in lieu thereof “September 30, 1982”.

33. 1982

    Pub. L. 97–289 § 3(a) · 96 Stat. 1230

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 97–289 substituted “May 20, 1983” for “September 30, 1982”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 97–289 substituted “May 20, 1983” for “September 30, 1982”.

    Enacted provision · exact public law section
    (a) Section 515(b)(5) of the Housing Act of 1949 is amended 42 USC 1485. by striking out “September 30, 1982” and inserting in lieu thereof “May 20, 1983”.

34. 1983

    Pub. L. 98–35 § 3(a) · 97 Stat. 197

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 98–35 substituted “September 30, 1983” for “May 20, 1983”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–35 substituted “September 30, 1983” for “May 20, 1983”.

    Enacted provision · exact public law section
    (a) Section 515(b)(5) of the Housing Act of 1949 is amended by striking out “May 20, 1983” and inserting in lieu thereof “September 30, 1983”.

35. 1983

    Pub. L. 98–109 § 4(a) · 97 Stat. 745

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 98–109 substituted “November 30, 1983” for “September 30, 1983”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–109 substituted “November 30, 1983” for “September 30, 1983”.

    Enacted provision · exact public law section
    (a) Section 515(b)(5) of the Housing Act of 1949 is amended by striking out “September 30, 1983” and inserting in lieu thereof “November 30, 1983”.

36. 1983

    Rural Housing Amendments of 1983

    Pub. L. 98–181 § 512(c)(1) · 97 Stat. 1153

    1. Struck · 42 U.S.C. § 1485(a)(2)(4)

       Pub. L. 98–181, § 512(c)(1), (2), struck out par. (2) which related to rates of interest on loans

    2. Redesignated · 42 U.S.C. § 1485(a)(2)(4)

       Pub. L. 98–181, § 512(c)(1), (2), redesignated pars. (3) and (4) as (2) and (3), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (4). Pub. L. 98–181, § 512(c)(1), (2), struck out par. (2) which related to rates of interest on loans, and redesignated pars. (3) and (4) as (2) and (3), respectively.

    Enacted provision · exact public law section
    (1) by striking out subsection (a)(2);

37. 1983

    Rural Housing Amendments of 1983

    Pub. L. 98–181 § 512(c)(3) · 97 Stat. 1153

    1. Struck · 42 U.S.C. § 1485(b)(2)(4)

       Pub. L. 98–181, § 512(c)(3), (4), struck out par. (2) which related to rates of interest on loans

    2. Redesignated · 42 U.S.C. § 1485(b)(2)(4)

       Pub. L. 98–181, § 512(c)(3), (4), redesignated pars. (3) to (5) as (2) to (4), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(2) to (4). Pub. L. 98–181, § 512(c)(3), (4), struck out par. (2) which related to rates of interest on loans and redesignated pars. (3) to (5) as (2) to (4), respectively.

    Enacted provision · exact public law section
    (3) by striking out subsection (b)(2); and

38. 1983

    Rural Housing Amendments of 1983

    Pub. L. 98–181 § 512(c)(4) · 97 Stat. 1153

    Redesignated · 42 U.S.C. § 1485(b)(5)

    Pub. L. 98–181, § 512(c)(4), redesignated par. (6) as (5). Former par. (5) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 98–181, § 512(c)(4), redesignated par. (6) as (5). Former par. (5) redesignated (4).

    Enacted provision · exact public law section
    (4) by redesignating subsections (b)(3), (b)(4), (b)(5), (b)(6), and (b)(7) as subsections (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6), respectively.

39. 1983

    Rural Housing Amendments of 1983

    Pub. L. 98–181 § 511(b) · 97 Stat. 1153

    Substituted · 42 U.S.C. § 1485(b)(5)

    Pub. L. 98–181, § 511(b), substituted “September 30, 1985” for “November 30, 1983”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–181, § 511(b), substituted “September 30, 1985” for “November 30, 1983”.

    Enacted provision · exact public law section
    (b) Section 515(b)(5) of such Act is amended by striking out “November 30, 1983” and inserting in lieu thereof “September 30, 1985”.

40. 1983

    Rural Housing Amendments of 1983

    Pub. L. 98–181 § 512(c)(4) · 97 Stat. 1153

    Redesignated · 42 U.S.C. § 1485(b)(6); 42 U.S.C. § 1485(b)(7)

    Pub. L. 98–181, § 512(c)(4), redesignated par. (7) as (6). Former par. (6) redesignated (5)

    Source evidence

    Code amendment note
    Subsec. (b)(6), (7). Pub. L. 98–181, § 512(c)(4), redesignated par. (7) as (6). Former par. (6) redesignated (5).

    Enacted provision · exact public law section
    (4) by redesignating subsections (b)(3), (b)(4), (b)(5), (b)(6), and (b)(7) as subsections (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6), respectively.

41. 1983

    Rural Housing Amendments of 1983

    Pub. L. 98–181 § 512(b) · 97 Stat. 1153

    Added · 42 U.S.C. § 1485(b)(6); 42 U.S.C. § 1485(b)(7)

    Pub. L. 98–181, § 512(b), added par. (7)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–181, § 512(b), added par. (7).

    Enacted provision · exact public law section
    (b) Section 515(b) of such Act is amended— (1) by striking out “and” at the end of clause (5); (2) by striking out the period at the end of clause (6) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following: “(7) loans may be made to owners who are otherwise eligible under this section to purchase and convert single-family residences to rental units of two or more dwellings.”.

42. 1983

    Rural Housing Amendments of 1983

    Pub. L. 98–181 § 512(d) · 97 Stat. 1153

    Inserted · 42 U.S.C. § 1485(c)

    Pub. L. 98–181, § 512(d), inserted provisions relating to detached units, on scattered sites, for cooperative housing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–181, § 512(d), inserted provisions relating to detached units, on scattered sites, for cooperative housing.

    Enacted provision · exact public law section
    (d) Section 515(c) of such Act is amended by adding at the end thereof the following: “A loan may be made or insured under subsection (a) or (b) with respect to detached units, including those on scattered sites, for cooperative housing.”.

43. 1983

    Rural Housing Amendments of 1983

    Pub. L. 98–181 § 512(e) · 97 Stat. 1153

    Inserted · 42 U.S.C. § 1485(d)(1)

    Pub. L. 98–181, § 512(e), inserted provisions relating to applicability to manufactured home rental parks

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 98–181, § 512(e), inserted provisions relating to applicability to manufactured home rental parks.

    Enacted provision · exact public law section
    (e) Section 515(d)(1) of such Act is amended by inserting before the first semicolon the following: “, and such term also means manufactured home rental parks where either the lots or both the lots and the homes are available for use by occupants eligible under this section”.

44. 1983

    Rural Housing Amendments of 1983

    Pub. L. 98–181 § 512(a) · 97 Stat. 1153

    Added · 42 U.S.C. § 1485(g)(p)

    Pub. L. 98–181, § 512(a), added subsecs. (g) to (p)

    Source evidence

    Code amendment note
    Subsecs. (g) to (p). Pub. L. 98–181, § 512(a), added subsecs. (g) to (p).

    Enacted provision · exact public law section
    (a) Section 515 of the Housing Act of 1949 is amended by adding at the end thereof the following: “(g) The Secretary shall limit increases in rents on or after the date of enactment of this subsection for newly constructed or substantially rehabilitated projects assisted under this section to the lesser of the actual operating cost increases incurred or the amount of operating cost increases incurred with respect to comparable rental dwelling units of various sizes and types in the same market area which are suitable for occupancy by families and persons assisted under this section. Where no comparable dwelling units exist in the same market area, the Secretary shall have authority to approve such increases in accordance with the best available data regarding operating cost increases in rental dwelling units. “(h) After approving a project involving newly constructed or substantially rehabilitated units under this section, the Secretary shall limit cost increases to those approved by the Secretary. The Secretary may approve those increases only for unforeseen factors beyond the owner s control, design changes required by the Secretary or the local government, or changes in financing approved by the Secretary. “(i) For the purpose of achieving the lowest cost in providing units in newly constructed projects assisted under this section, the Secretary shall give a preference in entering into contracts under this section for projects which are to be located on specific tracts of land provided by States, units of local government, or others if the Secretary determines that the tract of land is suitable for such housing, and that affording such preference will be cost effective. “(j) The Secretary shall assure that management fees are not Management fees. excessive when a project developed under this section is managed by the developer or an affiliate of the developer. “(k) For purposes of determining the market feasibility of any project to be assisted under this section— “(1) in the case of any applicant whose project is expected to utilize rental assistance payments under section 521, the Secretary 42 USC 1490a. shall only require such applicant to demonstrate that a market exists for persons and families eligible for such rental assistance payments; and “(2) in the case of any applicant whose project is expected to utilize any assistance under a program of a State, or political subdivision thereof, that is similar to such assistance payments under section 521, the Secretary shall only require such applicant to demonstrate that— “(A) a market exists for persons and families eligible for such program of assistance; “(B) such program of assistance will provide rental assistance for a period of not less than five years, and for the term of the loan remaining after the period of such assistance, that an adequate rental market exists for the project without such assistance; and “(C) during the term of such rental assistance contracts, such State or political subdivision shall make available the amounts required for such rental assistance not less than annually. “(l) The Secretary shall establish standards for housing and Housing standards. related facilities rehabilitated or repaired with amounts received under a loan made or insured under this section. Standards established by the Secretary under this subsection shall provide that except for substantial rehabilitation the particular items or systems repaired or rehabilitated must meet appropriate levels of quality or performance comparable to those levels prescribed by the Secretary of Housing and Urban Development for rehabilitation, but shall not require that such items or systems or the remainder of the property meet the standards which are applicable to new construction. The Secretary shall ensure that standards prescribed under this subsection provide decent, safe, and sanitary housing and related facilities. “(m) The Secretary may not deny assistance under this section or section 521 on the basis that the project involved is to be located on more than one site. “(n) The Secretary may not (1) deny assistance under this section 42 USC 1490a. on the basis that rental assistance payments under section 521 may be required unless the authority to provide such assistance is not available; or (2) promulgate any regulation that would have the effect of denying occupancy to eligible persons on the basis that such persons require rental assistance payments under section 521. “(o) (1) To the extent assistance is available under section 521(a)(2), not more than 25 per centum of the dwelling units which were available for occupancy under this section prior to the date of enactment of this subsection, and which will be leased on or after such effective date shall be available for leasing by low income persons and families other than very low-income persons and families. “(2) To the extent assistance is available under section 521(a)(2), not more than 5 per centum of the dwelling units which become available for occupancy under this section on or after the date of enactment of this subsection shall be available for leasing by low income persons and families other than very low-income persons and families. “(3) Units in projects financed under this section which become available for occupancy after the date of enactment of this subsection shall not be available for occupancy by persons and families other than very low-income persons and families if the authority to provide assistance for such persons is available. “(p) In determining the income of a person or family occupying housing financed under this section, the Secretary shall consider the value of that person’s or family’s assets in the same manner as the Secretary of Housing and Urban Development considers such value 42 USC 1437 note. for the purpose of the United States Housing Act of 1937.”.

45. 1984

    Housing and Community Development Technical Amendments Act of 1984

    Pub. L. 98–479 title I § 105(e) · 98 Stat. 2218

    Inserted · 42 U.S.C. § 1485(k)(2)(B)

    Pub. L. 98–479 inserted “, at the option of the applicant, either that there is a reasonable assurance that the contract for assistance will be extended or renewed, or”

    Source evidence

    Code amendment note
    Subsec. (k)(2)(B). Pub. L. 98–479 inserted “, at the option of the applicant, either that there is a reasonable assurance that the contract for assistance will be extended or renewed, or”.

    Enacted provision · exact public law section
    (e) Section 515(k)(2)(B) of the Housing Act of 1949 is amended by 97 Stat. 1244. 42 USC 1485. inserting “, at the option of the applicant, either that there is a reasonable assurance that the contract for assistance will be extended or renewed, or” after “five years, and”.

46. 1985

    Pub. L. 99–120 § 3(a) · 99 Stat. 502

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 99–120 substituted “November 14, 1985” for “September 30, 1985”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–120 substituted “November 14, 1985” for “September 30, 1985”.

    Enacted provision · exact public law section
    (a) Rental Housing Loan Authority.— Section 515(b)(4) of the Housing Act of 1949 is amended by striking out “September 30, 42 USC 1485. 1985” and inserting in lieu thereof “November 14, 1985”.

47. 1985

    Pub. L. 99–156 § 3(a) · 99 Stat. 815

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 99–156 substituted “December 15, 1985” for “November 14, 1985”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–156 substituted “December 15, 1985” for “November 14, 1985”.

    Enacted provision · exact public law section
    (a) Rental Housing Loan Authority.— Section 515(b)(4) of the Ante, p. 503. 42 USC 1485. Housing Act of 1949 is amended by striking out “November 14, 1985” and inserting in lieu thereof “December 15, 1985”.

48. 1985

    Pub. L. 99–219 § 3(a) · 99 Stat. 1730

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 99–219 substituted “March 17, 1986” for “December 15, 1985”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 99–219 substituted “March 17, 1986” for “December 15, 1985”.

    Enacted provision · exact public law section
    (a) Rental Housing Loan Authority.— Section 515(b)(4) of the Housing Act of 1949 is amended by striking out “December 15, 1985” Ante, p. 816. 42 USC 1485. and inserting in lieu thereof “March 17, 1986”.

49. 1986

    Pub. L. 99–267 § 3(a) · 100 Stat. 73

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 99–267 substituted “April 30, 1986” for “March 17, 1986”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–267 substituted “April 30, 1986” for “March 17, 1986”.

    Enacted provision · exact public law section
    (a) Rental Housing Loan Authority.— Section 615(b)(4) of the Housing 99 Stat. 1731. 42 USC 1485. Act of 1949 is amended by striking out “March 17, 1986” and inserting in lieu thereof “April 30, 1986”.

50. 1986

    Housing and Community Development Reconciliation Amendments of 1985

    Pub. L. 99–272 title III § 3009(a) · 100 Stat. 82

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 99–272 directed amendment identical to Pub. L. 99–219, substituting “March 17, 1986” for “December 15, 1985”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–272 directed amendment identical to Pub. L. 99–219, substituting “March 17, 1986” for “December 15, 1985”.

    Enacted provision · exact public law section
    (a) Rental Housing Loan Authority.— Section 515(b)(4) of the Housing Act of 1949 is amended by striking out “December 15, 1985” 42 USC 1485. and inserting in lieu thereof “March 17, 1986”.

51. 1986

    Pub. L. 99–289 § 1(b) · 100 Stat. 412

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 99–289 substituted “June 6, 1986” for “April 30, 1986”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–289 substituted “June 6, 1986” for “April 30, 1986”.

    Enacted provision · exact public law section
    (b) Each provision of law amended by Public Law 99–267 is amended by striking out “April 30, 1986” wherever it appears and inserting in lieu thereof “June 6, 1986”,

52. 1986

    Pub. L. 99–345 § 1 · 100 Stat. 673

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 99–345 substituted “September 30, 1986” for “June 6, 1986”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–345 substituted “September 30, 1986” for “June 6, 1986”.

    Enacted provision · exact public law section
    Section 1. Each provision of law amended by Public Law 99–289, Ante, p. 412. is amended by striking out “June 6, 1986” wherever it appears and inserting in lieu thereof “September 30, 1986”.

53. 1986

    Pub. L. 99–430 · 100 Stat. 986

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 99–430 substituted “September 30, 1987” for “September 30, 1986”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 99–430 substituted “September 30, 1987” for “September 30, 1986”.

54. 1987

    Pub. L. 100–122 § 1 · 101 Stat. 793

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 100–122 substituted “October 31, 1987” for “September 30, 1987”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–122 substituted “October 31, 1987” for “September 30, 1987”.

    Enacted provision · exact public law section
    SECTION 1. CONTINUATION OF PRIOR EXTENSIONS. Each provision of law amended by Public Law 99–430 is amended by striking out “September 30, 1987” wherever it appears and inserting in lieu thereof “October 31, 1987”.

55. 1987

    Pub. L. 100–154 · 101 Stat. 890

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 100–154 substituted “November 15, 1987” for “October 31, 1987”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–154 substituted “November 15, 1987” for “October 31, 1987”.

56. 1987

    Pub. L. 100–170 · 101 Stat. 914

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 100–170 substituted “December 2, 1987” for “November 15, 1987”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–170 substituted “December 2, 1987” for “November 15, 1987”.

57. 1987

    Pub. L. 100–179 · 101 Stat. 1018

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 100–179 substituted “December 16, 1987” for “December 2, 1987”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–179 substituted “December 16, 1987” for “December 2, 1987”.

58. 1987

    Pub. L. 100–200 · 101 Stat. 1327

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 100–200 substituted “March 15, 1988” for “December 16, 1987”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 100–200 substituted “March 15, 1988” for “December 16, 1987”.

59. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 301(e) · 101 Stat. 1815

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 100–242, § 301(e), substituted “September 30, 1989” for “March 15, 1988”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 100–242, § 301(e), substituted “September 30, 1989” for “March 15, 1988”.

    Enacted provision · exact public law section
    (e) Rental Housing Loan Authority.— Section 515(b)(4) of the Housing Act of 1949 is amended by striking “March 15, 1988” and 42 USC 1485. inserting “September 30, 1989”.

60. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 242(2) · 101 Stat. 1815

    Redesignated · 42 U.S.C. § 1485(c)

    Pub. L. 100–242, § 242(2), added subsec. (c). Former subsec. (c) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–242, § 242(2), added subsec. (c). Former subsec. (c) redesignated (d).

    Enacted provision · exact public law section
    (2) by inserting after subsection (b) the following: “(c) With respect to a loan made or insured under subsection (a) or (b), the Secretary is authorized to— “(1) make or insure an equity loan in the form of a supplemental loan for the purpose of equity takeout to the owner of housing financed with a loan made or insured under this section pursuant to a contract entered into before December 21, 1979, for the purpose of extending the affordability of the housing for low income families or persons and very low-income families or persons for not less than 20 years, except that such loan may not exceed 90 percent of the value of the equity in the project as determined by the Secretary; “(2) transfer and reamortize an existing loan in connection with assistance provided under paragraph (1); and “(3) make or insure a loan to enable a nonprofit organization or public agency to make a purchase described in section 502(c)(5).”.

61. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 242(1) · 101 Stat. 1815

    Redesignated · 42 U.S.C. § 1485(d)(g)

    Pub. L. 100–242, § 242(1), redesignated subsecs. (c) to (f) as (d) to (g), respectively

    Source evidence

    Code amendment note
    Subsecs. (d) to (g). Pub. L. 100–242, § 242(1), redesignated subsecs. (c) to (f) as (d) to (g), respectively.

    Enacted provision · exact public law section
    (1) by redesignating subsections (c) through (p) as subsections (d) through (q), respectively; and

62. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 242(1) · 101 Stat. 1815

    Redesignated · 42 U.S.C. § 1485(h)

    Pub. L. 100–242, § 242(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–242, § 242(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

    Enacted provision · exact public law section
    (1) by redesignating subsections (c) through (p) as subsections (d) through (q), respectively; and

63. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 242(1) · 101 Stat. 1815

    Redesignated · 42 U.S.C. § 1485(i)(p)

    Pub. L. 100–242, § 242(1), redesignated subsecs. (h) to (o) as (i) to (p), respectively

    Source evidence

    Code amendment note
    Subsecs. (i) to (p). Pub. L. 100–242, § 242(1), redesignated subsecs. (h) to (o) as (i) to (p), respectively.

    Enacted provision · exact public law section
    (1) by redesignating subsections (c) through (p) as subsections (d) through (q), respectively; and

64. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 316(c) · 101 Stat. 1815

    Substituted · 42 U.S.C. § 1485(p)(1)

    Pub. L. 100–242, § 316(c), substituted “on or after such date” for “on or after such effective date”, which for purposes of codification was translated as “on or after November 30, 1983”, thus requiring no change in text

    Source evidence

    Code amendment note
    Subsec. (p)(1). Pub. L. 100–242, § 316(c), substituted “on or after such date” for “on or after such effective date”, which for purposes of codification was translated as “on or after November 30, 1983”, thus requiring no change in text.

    Enacted provision · exact public law section
    (c) Housing for Elderly Families.— Section 515(p)(1) of the Housing Act of 1949 (as so redesignated by section 242 of this Act) is amended by striking “effective”.

65. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 306 · 101 Stat. 1815

    Added · 42 U.S.C. § 1485(p)(4)

    Pub. L. 100–242, § 306, added par. (4)

    Source evidence

    Code amendment note
    Subsec. (p)(4). Pub. L. 100–242, § 306, added par. (4).

    Enacted provision · exact public law section
    SEC. 306. CONFORMANCE WITH LOW-INCOME HOUSING TAX CREDIT ELIGIBILITY REQUIREMENTS. Section 515(p) of the Housing Act of 1949 (as so redesignated by section 242 of this Act) is amended by adding at the end the following: “(4) In projects financed under this section, units that have been allocated a low-income housing tax credit by a housing credit agency pursuant to section 42 of the Internal Revenue Code of 1986 shall not be available for occupancy by persons or families other than persons or families with incomes not in excess of the qualifying income applicable to such units pursuant to subparagraph (A) or (B) of section 42(g)(1) of such Code, except when the Secretary determines that the continued vacancy of units that have been unoccu-pied for at least 6 months threatens the financial viability of the project.”.

66. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 242(1) · 101 Stat. 1815

    Redesignated · 42 U.S.C. § 1485(q)

    Pub. L. 100–242, § 242(1), redesignated former subsec. (p) as (q)

    Source evidence

    Code amendment note
    Subsec. (q). Pub. L. 100–242, § 242(1), redesignated former subsec. (p) as (q).

    Enacted provision · exact public law section
    (1) by redesignating subsections (c) through (p) as subsections (d) through (q), respectively; and

67. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 263 · 101 Stat. 1815

    Added · 42 U.S.C. § 1485(r)

    Pub. L. 100–242, § 263, added subsec. (r)

    Source evidence

    Code amendment note
    Subsec. (r). Pub. L. 100–242, § 263, added subsec. (r).

    Enacted provision · exact public law section
    SEC. 263. SECTION 515 OPERATING RESERVE AND EQUITY CONTRIBUTION REQUIREMENTS. Section 515 of the Housing Act of 1949 (as amended by section 242) is further amended by adding at the end the following new subsection: “(r) The Secretary— “(1) may require that the initial operating reserve under this section may be in the form of an irrevocable letter of credit; and “(2) may not require more than a 3 percent contribution to equity.”.

68. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 307 · 101 Stat. 1815

    Added · 42 U.S.C. § 1485(s)

    Pub. L. 100–242, § 307, added subsec. (s)

    Source evidence

    Code amendment note
    Subsec. (s). Pub. L. 100–242, § 307, added subsec. (s).

    Enacted provision · exact public law section
    SEC. 307. LIMITATION OF FEES ON RURAL RENTAL HOUSING LOANS. Section 515 of the Housing Act of 1949 (as amended by section 263 of this Act) is further amended by adding at the end the following new subsection: “(s) No fee other than a late fee may be imposed by or for the Secretary or any other Federal agency on or with respect to a loan made or insured under this section.”.

69. 1988

    Stewart B. McKinney Homeless Assistance Amendments Act of 1988

    Pub. L. 100–628 title X § 1042 · 102 Stat. 3224

    Struck · 42 U.S.C. § 1485(h)

    Pub. L. 100–628 struck out subsec. (h) which read as follows: “The Secretary shall limit increases in rents on or after November 30, 1983, for newly constructed or substantially rehabilitated projects assisted under this section to the lesser of the actual operating cost increases incurred or the amount of operating cost increases incurred with respect to comparable rental dwelling units of various sizes and types in the same market area which are suitable for occupancy by families and persons assisted under this section. Where no comparable dwelling units exist in the same market area, the Secretary shall have authority to approve such increases in accordance with the best available data regarding operating cost increases in rental dwelling units.”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 100–628 struck out subsec. (h) which read as follows: “The Secretary shall limit increases in rents on or after November 30, 1983, for newly constructed or substantially rehabilitated projects assisted under this section to the lesser of the actual operating cost increases incurred or the amount of operating cost increases incurred with respect to comparable rental dwelling units of various sizes and types in the same market area which are suitable for occupancy by families and persons assisted under this section. Where no comparable dwelling units exist in the same market area, the Secretary shall have authority to approve such increases in accordance with the best available data regarding operating cost increases in rental dwelling units.”

    Enacted provision · exact public law section
    SEC 1042. SECTION 515 RENTS. Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by striking subsection (h).

70. 1989

    Pub. L. 101–137 § 7(a) · 103 Stat. 824

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 101–137 substituted “September 30, 1990” for “September 30, 1989”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 101–137 substituted “September 30, 1990” for “September 30, 1989”.

    Enacted provision · exact public law section
    SEC. 7. EXTENSION OF RURAL HOUSING AUTHORITIES. (a) Rental Housing Loan Authority.— Section 515(b)(4) of the Housing Act of 1949 is amended by striking out “September 30, 42 USC 1485. 1989” and inserting in lieu thereof “September 30, 1990”. (b) Rural Area Classification.— Section 520 of the Housing Act 42 USC 1490. of 1949 is amended by striking out “September 30, 1989” and inserting in lieu thereof “September 30, 1990”. (c) Mutual and Self-Help Housing Grant and Loan Authority.— 42 USC 1490c. Section 523(f) of the Housing Act of 1949 is amended by striking out “September 30, 1989” and inserting in lieu thereof “September 30, 1990”. (d) Rural Rental Rehabilitation Demonstration.— Section 42 USC 1490m note. 311(d) of the Housing and Community Development Act of 1987 is amended by striking “September 30, 1989” and inserting “Septem­ber 30, 1990”.

71. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 207 · 103 Stat. 1987

    Added · 42 U.S.C. § 1485(t)

    Pub. L. 101–235, § 207, added subsec. (t)

    Source evidence

    Code amendment note
    Subsec. (t). Pub. L. 101–235, § 207, added subsec. (t).

    Enacted provision · exact public law section
    SEC. 207. EQUITY TAKEOUT INCENTIVE FOR NEW RURAL HOUSING LOANS. 42 USC 1485. Section 515 of the Housing Act of 1949 is amended by adding at the end the following new subsection: “(t) Equity Takeout Loans.— “(1) Authority.— The Secretary is authorized to guarantee an equity loan (in the form of a supplemental loan) to an owner of housing financed with a loan made or insured under subsection (b), only if the Secretary determines, after taking into account local market conditions, that there is reasonable likelihood that the housing will continue as decent, safe, and sanitary housing for the remaining life of the original loan on the project made or insured under subsection (b) and that such an equity loan is— “(A) necessary to provide a fair return on the owner’s investment in the housing; “(B) the least costly alternative for the Federal Government that is consistent with carrying out the purposes of this subsection; and “(C) would not impose an undue hardship on tenants or an unreasonable cost to the Federal Government. The amount of loans guaranteed under this subsection shall be subject to limits provided in appropriations Acts. “(2) Timing.— The Secretary is authorized to guarantee an equity loan under this subsection after the expiration of the 20- year period beginning on ’he date that an existing loan under subsection (b) of this section was made or insured. Not more than one equity loan under this subsection may be provided for any project. “(3) Amount of the takeout.— The amount of an equity loan under this subsection shall not exceed the difference between the outstanding principal on debt secured by the project and 90 percent of the appraised value of the project. The appraised value of the project shall be determined by 2 independent appraisers, 1 of whom shall be selected by the Secretary and 1 of whom shall be selected by the owner. If the 2 appraisers fail to agree on the value of the project, the Secretary and the owner shall jointly select a third appraiser whose appraisal shall be binding on the Secretary and the owner. The amount of the equity loan shall not exceed 30 percent of the amount of the original loan on the project made or insured under subsection (b). “(4) Reserve account payments.— For each loan made or insured under subsection (b) pursuant to a contract entered into after the date this subsection takes effect, the owner shall make monthly payments from project income to the Secretary for deposit in a reserve account for the project. Such monthly payments shall, in the first year after the loan is made or insured, equal $2 for each unit in the project, and shall increase by $2 annually until the expiration of the 20-year period beginning on the date that the loan was made or insured, except that such annual increases shall not be required for a unit occupied by a low-income family or individual who is paying more than 30 percent of the family’s or individual’s adjusted income in rent. The rent on a unit for which payment is made under this paragraph shall be increased by the amount of such payment. “(5) Reserve account.— “(A) Payments under paragraph (4) shall be deposited in an interest bearing account that the Secretary shall establish for the project. “(B) The Secretary shall make available amounts in the reserve account only for payments of principal and interest on an equity loan under this subsection. Such payments shall be in amounts necessary to ensure that rent payments made by low-income families residing in the housing do not exceed the maximum rent under section 521(a)(2)(A); “(C) Any payments to the account, and interest on such payments, not expended in the project from which such payments were made, shall be used in other projects to make payments of principal and interest on an equity loan under this subsection. Such payments shall be in amounts necessary to ensure that rent payments made by low-income families residing in the housing do not exceed the maximum rent under section 521(a)(2)(A). “(D) The Secretary shall make payments from accounts under this paragraph only to the extent provided in appropriations Acts. “(6) Submission of plan.— An owner requesting an equity loan under this subsection shall submit a plan acceptable to the Secretary to ensure that the cost of amortizing an equity loan under paragraph (1) does not result in the displacement of very- low-income tenants or substantially alter the income mix of the tenants in the project. “(7) Regulations.— The Secretary shall issue final regulations within 180 days from the date of enactment of this sub-section. “(8) Effective date.— The requirements of this subsection shall apply to any applications for assistance under this section on or after the expiration of 180 days from the date of enactment of this subsection.”.

72. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 402 · 103 Stat. 1987

    Added · 42 U.S.C. § 1485(u)

    Pub. L. 101–235, § 402, added subsec. (u)

    Source evidence

    Code amendment note
    Subsec. (u). Pub. L. 101–235, § 402, added subsec. (u).

    Enacted provision · exact public law section
    SEC. 402. REUSE OF SECTION 515 LOAN AUTHORITY. Section 515 of the Housing Act of 1949, as amended by section 207, is amended by adding at the end the following: “(u) Reuse of Loan Authority.— Loan authority that is obligated under this section but that is not expended due to any action that removes the original borrower, may be reallocated to a different borrower during the same fiscal year in which the loan authority was obligated.”.

73. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 701(e) · 104 Stat. 4079

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 101–625, § 701(e), substituted “1991” for “1990”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 101–625, § 701(e), substituted “1991” for “1990”.

    Enacted provision · exact public law section
    (e) Rental Housing Loan Authority.— Section 515(b)(4) of the Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by striking “September 30, 1990” and inserting “September 30, 1991”.

74. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 712(a)(1) · 104 Stat. 4079

    Substituted · 42 U.S.C. § 1485(t)(3)

    Pub. L. 101–625, § 712(a)(1), substituted “original appraised value of the project” for “original loan on the project”

    Source evidence

    Code amendment note
    Subsec. (t)(3). Pub. L. 101–625, § 712(a)(1), substituted “original appraised value of the project” for “original loan on the project”.

    Enacted provision · exact public law section
    (1) in paragraph (3), by striking “original loan on the project” in the last sentence and inserting “original appraised value of the project”;

75. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 712(a)(2) · 104 Stat. 4079

    1. Inserted · 42 U.S.C. § 1485(t)(4)

       Pub. L. 101–625, § 712(a)(2), inserted “initial” before “loan” in first sentence

    2. Inserted · 42 U.S.C. § 1485(t)(4)

       Pub. L. 101–625, § 712(a)(2), inserted “initial payments, any accrued payments, and” after “except that such” in second sentence

    Source evidence

    Code amendment note
    Subsec. (t)(4). Pub. L. 101–625, § 712(a)(2), inserted “initial” before “loan” in first sentence and inserted “initial payments, any accrued payments, and” after “except that such” in second sentence.

    Enacted provision · exact public law section
    (2) in paragraph (4)— (A) in the first sentence, by inserting “initial” before “loan”; and (B) in the second sentence, by inserting “initial payments, any accrued payments, and” after “except that such” in the second sentence; and

76. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 712(a)(3) · 104 Stat. 4079

    1. Added · 42 U.S.C. § 1485(t)(8)

       Pub. L. 101–625, § 712(a)(3), added par. (8)

    2. Struck · 42 U.S.C. § 1485(t)(8)

       Pub. L. 101–625, § 712(a)(3), struck out former par. (8) which read as follows: “The requirements of this subsection shall apply to any applications for assistance under this section on or after the expiration of 180 days from December 15, 1989.”

    Source evidence

    Code amendment note
    Subsec. (t)(8). Pub. L. 101–625, § 712(a)(3), added par. (8) and struck out former par. (8) which read as follows: “The requirements of this subsection shall apply to any applications for assistance under this section on or after the expiration of 180 days from December 15, 1989.”

    Enacted provision · exact public law section
    (3) by striking paragraph (8) and inserting the following new paragraph: “(8) Effective date.— The requirements of this subsection shall apply to any loan obligated under this section on or after December 15, 1989. This subsection shall not require retroactive reserve account payments with respect to any loan that was obligated on or after December 15, 1989, and on or before June 16, 1990, but reserve account payments shall be required for such loans beginning on the date of the enactment of this paragraph.”.

77. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 712(b) · 104 Stat. 4079

    Inserted · 42 U.S.C. § 1485(u)

    Pub. L. 101–625, § 712(b), inserted at end “Any loan authority under this section appropriated or made available within limits established in appropriations Acts shall remain available until expended.”

    Source evidence

    Code amendment note
    Subsec. (u). Pub. L. 101–625, § 712(b), inserted at end “Any loan authority under this section appropriated or made available within limits established in appropriations Acts shall remain available until expended.”

    Enacted provision · exact public law section
    (b) Reuse of Loan Authority.— Section 515(u) of the Housing Act of 1949 (42 U.S.C. 1485(u)) is amended by inserting at the end the following new sentence: “Any loan authority under this section appropriated or made available within limits established in appropriations Acts shall remain available until expended.”.

78. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 712(c) · 104 Stat. 4079

    Added · 42 U.S.C. § 1485(v)

    Pub. L. 101–625, § 712(c), added subsec. (v)

    Source evidence

    Code amendment note
    Subsec. (v). Pub. L. 101–625, § 712(c), added subsec. (v).

    Enacted provision · exact public law section
    (c) Assumption of Loans.— Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by adding at the end the following new subsection: “(v) Assumption of Loans.— The Secretary may provide for the assumption or transfer of a loan or loan obligation under this section to any person or entity qualified to receive a loan or loan obligation under this section in any case of default or foreclosure with respect to the original borrower. The Secretary shall provide in each assumption or transfer under this subsection for the assumption of the obligations, rights, and interests under the terms of the loan or loan obligation or such other terms as the Secretary determines appropriate.”.

79. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 713 · 104 Stat. 4079

    Added · 42 U.S.C. § 1485(w)

    Pub. L. 101–625, § 713, added subsec. (w)

    Source evidence

    Code amendment note
    Subsec. (w). Pub. L. 101–625, § 713, added subsec. (w).

    Enacted provision · exact public law section
    SEC. 713. SET-ASIDE OF RURAL RENTAL HOUSING FUNDS. Section 515 of the Housing Act of 1949 (42 U.S.C. 1485), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: “(w) Set-Aside of Rural Rental Housing Funds.— “(1) Authority.— Except as provided in paragraph (2), the Secretary shall set aside from amounts made available for each State for loans under this section, not less than 7 percent of the amounts available in fiscal year 1991 and not less than 9 percent of the amounts available in fiscal year 1992. Amounts set aside shall be available only for nonprofit entities in the State, which may not be wholly or partially owned or controlled by a for-profit entity or under whole or partial control with a for-profit entity. “(2) Minimum state set-aside.— If the amount set aside under paragraph (1) for any State is less than $750,000 in any fiscal year, the Secretary shall pool such amount together with set-aside amounts from other States whose set-aside is less than $750,000, and shall make such amounts available for such eligible entities under paragraph (1) in any such State. The Secretary shall establish a procedure to provide that any amounts pooled under this paragraph from the allocation for any State in any fiscal year that are not obligated during a reasonable period in such year shall be made available for any such eligible entities under paragraph (1) in such State. “(3) Unused amounts.— Any amounts set aside or pooled under this subsection from the allocation for any State in any fiscal year that are not obligated by a reasonable date established by the Secretary (which shall be after the expiration of the period under paragraph (2)) shall be made available to any entity eligible under this section in such State.”.

80. 1991

    Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1992

    Pub. L. 102–142 title VII § 743(a) · 105 Stat. 878

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 102–142 substituted “1992” for “1991”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 102–142 substituted “1992” for “1991”.

    Enacted provision · exact public law section
    (a) Rental Housing Loan Authority.—Section 515(b)(4) of the Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by striking “September 30, 1991” and inserting “September 30, 1992”.

81. 1991

    Pub. L. 102–230 § 4 · 105 Stat. 1720

    Inserted · 42 U.S.C. § 1485(p)(4)

    Pub. L. 102–230 inserted at end “The preceding sentence shall not be interpreted as authorizing the Secretary to—” and subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (p)(4). Pub. L. 102–230 inserted at end “The preceding sentence shall not be interpreted as authorizing the Secretary to—” and subpars. (A) and (B).

    Enacted provision · exact public law section
    SEC. 4. LOW-INCOME HOUSING COVENANTS. Section 515(p)(4) of the Housing Act of 1949 (42 U.S.C. 1485(p)(4)) is amended by adding at the end “The preceding sentence shall not be interpreted as authorizing the Secretary to— “(A) limit the ability of a housing credit agency to require an owner of housing, in order to receive a low-income housing tax credit, to enter into a restrictive covenant, in such form and for such period as the housing credit agency deems appropriate, to maintain the occupancy characteristics of the project as prescribed in section 42(h)(6) of the Internal Revenue Code of 1986; or “(B) deny or delay closing of financing under this section by reason of the existence, or occupancy terms, of any such restrictive covenant.”.

82. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 701(e) · 106 Stat. 3672

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 102–550, § 701(e), substituted “1994” for “1992”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 102–550, § 701(e), substituted “1994” for “1992”.

    Enacted provision · exact public law section
    (e) Rental Housing Loan Authority.— Section 515(b)(4) of the Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by striking “September 30, 1992” and inserting “September 30, 1994”.

83. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 707(a) · 106 Stat. 3672

    1. Struck · 42 U.S.C. § 1485(e)(4)

       Pub. L. 102–550, § 707(a), struck out “and” before “initial operating expenses up to”

    2. Inserted · 42 U.S.C. § 1485(e)(4)

       Pub. L. 102–550, § 707(a), inserted “, impact fees, local charges for installation, provision, or use of infrastructure, and local assessments for public improvements and services imposed by State and local governments” after “approved by the Secretary”

    3. Inserted · 42 U.S.C. § 1485(e)(4)

       Pub. L. 102–550, § 707(a), inserted at end “Notwithstanding the first sentence of this paragraph, the term ‘development cost’ shall not include any initial operating expenses in the case of any nonprofit corporation or consumer cooperative that is financing housing under this section and has been allocated a low-income housing tax credit by a housing credit agency pursuant to section 42 of title 26.”

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 102–550, § 707(a), struck out “and” before “initial operating expenses up to”, inserted “, impact fees, local charges for installation, provision, or use of infrastructure, and local assessments for public improvements and services imposed by State and local governments” after “approved by the Secretary”, and inserted at end “Notwithstanding the first sentence of this paragraph, the term ‘development cost’ shall not include any initial operating expenses in the case of any nonprofit corporation or consumer cooperative that is financing housing under this section and has been allocated a low-income housing tax credit by a housing credit agency pursuant to section 42 of title 26.”

    Enacted provision · exact public law section
    (a) Development Costs.— Section 515(e)(4) of the Housing Act of 1949 (42 U.S.C. 1485(e)(4)) is amended— (1) by striking “and” before “initial”; (2) by inserting before the first period the following: “, impact fees, local charges for installation, provision, or use of infrastructure, and local assessments for public improvements and services imposed by State and local governments”; and (3) by inserting after the period at the end the following new sentence: “Notwithstanding the first sentence of this paragraph, the term ‘development cost’ shall not include any initial operating expenses in the case of any nonprofit corporation or consumer cooperative that is financing housing under this section and has been allocated a low-income housing tax credit by a housing credit agency pursuant to section 42 of the Internal Revenue Code of 1986.”.

84. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 707(b)(1) · 106 Stat. 3672

    1. Added · 42 U.S.C. § 1485(l)(1)

       Pub. L. 102–550, § 707(b)(1), added par. (1)

    2. Struck · 42 U.S.C. § 1485(l)(1)

       Pub. L. 102–550, § 707(b)(1), struck out former par. (1) which read as follows: “in the case of any applicant whose project is expected to utilize rental assistance payments under section 1490a of this title, the Secretary shall only require such applicant to demonstrate that a market exists for persons and families eligible for such rental assistance payments; and”

    Source evidence

    Code amendment note
    Subsec. (l)(1). Pub. L. 102–550, § 707(b)(1), added par. (1) and struck out former par. (1) which read as follows: “in the case of any applicant whose project is expected to utilize rental assistance payments under section 1490a of this title, the Secretary shall only require such applicant to demonstrate that a market exists for persons and families eligible for such rental assistance payments; and”.

    Enacted provision · exact public law section
    (1) in subsection (1), by striking paragraph (1) and inserting the following new paragraph: “(1) in the case of any applicant who applies for rental assistance payments under section 521 in connection with such project, the Secretary shall consider the availability of such rental assistance payments with respect to the project and shall require such applicant to demonstrate that a market exists for persons and families eligible for such rental assistance payments; and”; and

85. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 707(b)(2)(1) · 106 Stat. 3672

    Substituted · 42 U.S.C. § 1485(p)(4)

    Pub. L. 102–550, § 707(b)(2)(1), substituted period at end for “, except when the Secretary determines that the continued vacancy of units that have been unoccupied for at least 6 months threatens the financial viability of the project. The preceding sentence shall not be interpreted as authorizing the Secretary to—

    Source evidence

    Code amendment note
    Subsec. (p)(4). Pub. L. 102–550, § 707(b)(2)(1), substituted period at end for “, except when the Secretary determines that the continued vacancy of units that have been unoccupied for at least 6 months threatens the financial viability of the project. The preceding sentence shall not be interpreted as authorizing the Secretary to—

    “(A) limit the ability of a housing credit agency to require an owner of housing, in order to receive a low-income housing tax credit, to enter into a restrictive covenant, in such form and for such period as the housing credit agency deems appropriate, to maintain the occupancy characteristics of the project as prescribed in section 42(h)(6) of title 26; or “(B) deny or delay closing of financing under this section by reason of the existence, or occupancy terms, of any such restrictive covenant.”

    Enacted provision · exact public law section
    (1) in paragraph (4), by striking “, except” in the first sentence and all that follows through the end of the paragraph and inserting a period; and

86. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 707(b)(2)(2) · 106 Stat. 3672

    Added · 42 U.S.C. § 1485(p)(5)

    Pub. L. 102–550, § 707(b)(2)(2), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (p)(5). Pub. L. 102–550, § 707(b)(2)(2), added par. (5).

    Enacted provision · exact public law section
    (2) by inserting at the end the following new paragraph: “(5) The Secretary shall coordinate the processing of any application for a loan under this section for a project and the processing of any application for assistance under section 521(a)(2) with respect to housing units in the same project in an economical and efficient manner. At the time the Secretary enters into a commitment to make or insure a loan under this section the Secretary shall obligate amounts for assistance payments under section 521(a)(2) for the project, to the extent that such amounts are available and the Secretary determines such assistance is necessary for the market feasibility of the project.”.

87. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 707(c) · 106 Stat. 3672

    Inserted · 42 U.S.C. § 1485(r)(2)

    Pub. L. 102–550, § 707(c), inserted before period at end “, except that the Secretary shall require a 5 percent contribution in the case of a project that is allocated a low-income housing tax credit pursuant to section 42 of title 26”

    Source evidence

    Code amendment note
    Subsec. (r)(2). Pub. L. 102–550, § 707(c), inserted before period at end “, except that the Secretary shall require a 5 percent contribution in the case of a project that is allocated a low-income housing tax credit pursuant to section 42 of title 26”.

    Enacted provision · exact public law section
    (c) Equity Contribution.— Section 515(r)(2) of the Housing Act of 1949 (42 U.S.C. 1485(r)(2)) is amended by inserting before the period at the end the following: “, except that the Secretary shall require a 5 percent contribution in the case of a project that is allocated a low-income housing tax credit pursuant to section 42 of the Internal Revenue Code of 1986”.

88. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 708(a)(1) · 106 Stat. 3672

    1. Substituted · 42 U.S.C. § 1485(w)(1)

       Pub. L. 102–550, § 708(a)(1)–(3), substituted “not less than 9 percent of the amounts available in fiscal years 1993 and 1994” for “not less than 7 percent of the amounts available in fiscal year 1991 and not less than 9 percent of the amounts available in fiscal year 1992” in first sentence

    2. Struck · 42 U.S.C. § 1485(w)(1)

       Pub. L. 102–550, § 708(a)(1)–(3), struck out “or under whole or partial control with a for-profit entity” after “by a for-profit entity” in second sentence

    3. Inserted · 42 U.S.C. § 1485(w)(1)

       Pub. L. 102–550, § 708(a)(1)–(3), inserted at end “A partnership, that has as its general partner a nonprofit entity or the nonprofit entity’s for-profit subsidiary, is eligible to receive funds set aside under this subsection to sponsor a project which is receiving low-income housing tax credits authorized under section 42 of title 26. For the purposes of this subsection, a nonprofit entity is an organization that—” and subpars. (A) to (D)

    Source evidence

    Code amendment note
    Subsec. (w)(1). Pub. L. 102–550, § 708(a)(1)–(3), substituted “not less than 9 percent of the amounts available in fiscal years 1993 and 1994” for “not less than 7 percent of the amounts available in fiscal year 1991 and not less than 9 percent of the amounts available in fiscal year 1992” in first sentence, struck out “or under whole or partial control with a for-profit entity” after “by a for-profit entity” in second sentence, and inserted at end “A partnership, that has as its general partner a nonprofit entity or the nonprofit entity’s for-profit subsidiary, is eligible to receive funds set aside under this subsection to sponsor a project which is receiving low-income housing tax credits authorized under section 42 of title 26. For the purposes of this subsection, a nonprofit entity is an organization that—” and subpars. (A) to (D).

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “not less than 7 percent of the amounts available in fiscal year 1991 and not less than 9 percent of the amounts available in fiscal year 1992” and inserting “not less than 9 percent of the amounts available in fiscal years 1993 and 1994”;

89. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 708(a)(4) · 106 Stat. 3672

    Inserted · 42 U.S.C. § 1485(w)(2)

    Pub. L. 102–550, § 708(a)(4), inserted at end “The Secretary may provide amounts available for reallocation under this subsection in excess of $750,000 in a given State, if such amounts are necessary to finance a project under this section.”

    Source evidence

    Code amendment note
    Subsec. (w)(2). Pub. L. 102–550, § 708(a)(4), inserted at end “The Secretary may provide amounts available for reallocation under this subsection in excess of $750,000 in a given State, if such amounts are necessary to finance a project under this section.”

    Enacted provision · exact public law section
    (4) in paragraph (2), by adding at the end the following: “The Secretary may provide amounts available for reallocation under this subsection in excess of $750,000 in a given State, if such amounts are necessary to finance a project under this section”; and

90. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 708(a)(5) · 106 Stat. 3672

    1. Added · 42 U.S.C. § 1485(w)(3)

       Pub. L. 102–550, § 708(a)(5), added par. (3)

    2. Struck · 42 U.S.C. § 1485(w)(3)

       Pub. L. 102–550, § 708(a)(5), struck out heading and text of former par. (3). Text read as follows: “Any amounts set aside or pooled under this subsection from the allocation for any State in any fiscal year that are not obligated by a reasonable date established by the Secretary (which shall be after the expiration of the period under paragraph (2)) shall be made available to any entity eligible under this section in such State.”

    Source evidence

    Code amendment note
    Subsec. (w)(3). Pub. L. 102–550, § 708(a)(5), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “Any amounts set aside or pooled under this subsection from the allocation for any State in any fiscal year that are not obligated by a reasonable date established by the Secretary (which shall be after the expiration of the period under paragraph (2)) shall be made available to any entity eligible under this section in such State.”

    Enacted provision · exact public law section
    (5) by striking paragraph (3) and inserting the following: “(3) Unused amounts.— “(A) Equitable distribution.— Any amounts set aside under this subsection from the allocation for any State that are not obligated by 9 months after the allocation, shall first be pooled and made available to any other eligible nonprofit entity in any State as defined in this subsection. The Secretary shall make reasonable efforts to ensure that pooled funds are distributed under this subparagraph in an equitable manner. “(B) Return to the states.— After funds have been pooled and obligated for 30 days, the Secretary shall return any remaining funds to the States on a proportional basis for use by any other eligible entity as defined in this section.”.

91. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 707(d) · 106 Stat. 3672

    Added · 42 U.S.C. § 1485(x)

    Pub. L. 102–550, § 707(d), added subsec. (x)

    Source evidence

    Code amendment note
    Subsec. (x). Pub. L. 102–550, § 707(d), added subsec. (x).

    Enacted provision · exact public law section
    (d) Uniform Project Costs and Coordination of Housing Resources and Tax Benefits.— Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by adding at the end the following new subsection: “(x) Uniform Project Costs; Coordination of Housing Resources and Tax Benefits.— The Secretary shall— “(1) establish standard guidelines for State offices that describe allowable development costs which are required for development of all projects under this section, without regard to whether the project was allocated a low-income housing tax credit; “(2) require each State to establish a process for coordinating the selection of projects under this section with the housing needs and priorities as established in a State comprehensive housing affordability strategy under section 105 of the Cranston-Gonzalez National Affordable Housing Act and a low- income housing tax credit allocation plan under section 42 of the Internal Revenue Code of 1986; and “(3) develop, in consultation with housing credit agencies (as that term is defined under section 42 of the Internal Revenue Code of 1986), uniform procedures for identifying and sharing information on project costs, builder profit, identity of interests relationships, and other factors, as appropriate, with the relevant housing credit agency for projects that are allocated a low-income housing tax credit pursuant to section 42(h) of the Internal Revenue Code of 1986 for the purpose of achieving compliance with section 102(d) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(d)).”.

92. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 707(e) · 106 Stat. 3672

    Added · 42 U.S.C. § 1485(y)

    Pub. L. 102–550, § 707(e), added subsec. (y)

    Source evidence

    Code amendment note
    Subsec. (y). Pub. L. 102–550, § 707(e), added subsec. (y).

    Enacted provision · exact public law section
    (e) Grants for Costs of Providing Service Coordinators.— Section 515 of the Housing Act of 1949 (42 U.S.C. 1485), as amended by this section, is further amended by adding at the end the following new subsection: “(y) Service Coordinators.— “(1) Grants.— The Secretary may make grants under this subsection, with respect to any project that the Secretary deter-mines has a sufficient number of frail elderly residents, for the cost of employing or otherwise retaining the services of one or more individuals to coordinate services provided to frail elderly residents of the project (in this subsection referred to as a ‘service coordinator’), who shall be responsible for— “(A) assessing the supportive service needs of frail elderly residents of the project, based on objective criteria and interviews with such residents; “(B) working with service providers to design the provision of services to meet the needs of frail elderly residents of the project, taking into consideration the needs and desires of such residents and their ability and willingness to pay for such services, as expressed by the residents; “(C) mobilizing public and private resources to obtain funding for such services for such residents; “(D) monitoring and evaluating the impact and effectiveness of any supportive services provided for such residents; “(E) consulting and coordinating with any appropriate public and private agencies regarding the provision of supportive services; and “(F) performing such other duties that the Secretary deems appropriate to enable frail elderly persons residing in federally assisted housing to live with dignity and independence. “(2) Qualifications.— Individuals employed as service coordinators pursuant to this subsection shall meet the mini-mum qualifications and standards established under section 802(d)(4) of the Cranston-Gonzalez National Affordable Housing Act for service coordinators under a congregate housing services program. “(3) Application and selection.— The Secretary shall provide for the form and manner of applications for grants under this subsection and for the selection of applicants to receive the grants. “(4) Definition of frail elderly.— For purposes of this subsection, the term ‘frail elderly” has the meaning given the term in section 802(k) of the Cranston-Gonzalez National Affordable Housing Act.”.

93. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 707(f)(1) · 106 Stat. 3672

    Added · 42 U.S.C. § 1485(z)

    Pub. L. 102–550, § 707(f)(1), added subsec. (z)

    Source evidence

    Code amendment note
    Subsec. (z). Pub. L. 102–550, § 707(f)(1), added subsec. (z).

    Enacted provision · exact public law section
    (1) In general.— Section 515 of the Housing Act of 1949 (42 U.S.C. 1485), as amended by this section, is further amended by adding at the end the following new subsection: “(z) Prohibitions.— “(1) Remote rural areas.— The Secretary may not refuse to make a loan that otherwise complies with the requirements under this section solely because the housing and related facilities involved are located in an area that is excessively rural in character or excessively remote. “(2) Essential services.— In making loans under this section, the Secretary may not provide any preference for any project based on the availability of any particular essential service. For purposes of this paragraph, an essential service shall include post offices (and postal services), grocery stores, pharmacies, schools, and health service facilities (and health services). “(3) Geographic location.— In making loans under this section, the Secretary may not grant or deny approval based on the geographic location of the proposed project if the project is located in a rural area, as such term is defined in section 520, except that the Secretary shall give preference to any application for a project that will serve the needs of a rural community located 20 or more miles from an urban area.”.

94. 1996

    Housing Opportunity Program Extension Act of 1996

    Pub. L. 104–120 § 4(b) · 110 Stat. 834

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 104–120, § 4(b), substituted “September 30, 1996” for “September 30, 1994”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–120, § 4(b), substituted “September 30, 1996” for “September 30, 1994”.

    Enacted provision · exact public law section
    (b) Rural Multifamily Rental Housing.— Section 515(b)(4) of the Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by striking “September 30, 1994” and inserting “September 30, 1996”.

95. 1996

    Housing Opportunity Program Extension Act of 1996

    Pub. L. 104–120 § 4(c) · 110 Stat. 834

    Substituted · 42 U.S.C. § 1485(w)(1)

    Pub. L. 104–120, § 4(c), substituted “fiscal year 1996” for “fiscal years 1993 and 1994”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–120, § 4(c), substituted “fiscal year 1996” for “fiscal years 1993 and 1994”.

    Enacted provision · exact public law section
    (c) Rural Rental Housing Funds for Nonprofit Entities.— The first sentence of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is amended by striking “fiscal years 1993 and 1994” and inserting “fiscal year 1996”.

96. 1996

    Pub. L. 104–180 § 734(a)(1) · 110 Stat. 1569

    Substituted · 42 U.S.C. § 1485(b)(4)

    Pub. L. 104–180, § 734(a)(1), substituted “September 30, 1997” for “September 30, 1996”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 104–180, § 734(a)(1), substituted “September 30, 1997” for “September 30, 1996”.

    Enacted provision · exact public law section
    (1) Authority to make loans.— Section 515(b)(4) of the Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by striking “September 30, 1996” and inserting “September 30, 1997”.

97. 1996

    Pub. L. 104–180 § 734(c)(3)(C) · 110 Stat. 1569

    Substituted · 42 U.S.C. § 1485(c)(1)

    Pub. L. 104–180, § 734(c)(3)(C), substituted “December 15, 1989” for “December 21, 1979”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 104–180, § 734(c)(3)(C), substituted “December 15, 1989” for “December 21, 1979”.

    Enacted provision · exact public law section
    (C) Technical correction.— Section 515(c)(1) of the Housing Act of 1949 (42 U.S.C. 1485(c)(1)) is amended by striking “December 21, 1979” and inserting “December 15, 1989”.

98. 1996

    Pub. L. 104–180 § 734(c)(1) · 110 Stat. 1569

    Added · 42 U.S.C. § 1485(h)

    Pub. L. 104–180, § 734(c)(1), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 104–180, § 734(c)(1), added subsec. (h).

    Enacted provision · exact public law section
    (1) Limitation on project transfers.— Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by inserting after subsection (g) the following new subsection: “(h) Project Transfers.— After the date of the enactment of the Act entitled ‘An Act making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1997, and for other purposes’, the ownership or control of a project for which a loan is made or insured under this section may be transferred only if the Secretary determines that such transfer would further the provision of housing and related facilities for low-income families or persons and would be in the best interests of residents and the Federal Government.”.

99. 1996

    Pub. L. 104–180 § 734(d)(1) · 110 Stat. 1569

    1. Added · 42 U.S.C. § 1485(r)

       Pub. L. 104–180, § 734(d)(1), added subsec. (r)

    2. Struck · 42 U.S.C. § 1485(r)

       Pub. L. 104–180, § 734(d)(1), struck out former subsec. (r) which read as follows: “The Secretary—

    Source evidence

    Code amendment note
    Subsec. (r). Pub. L. 104–180, § 734(d)(1), added subsec. (r) and struck out former subsec. (r) which read as follows: “The Secretary—

    “(1) may require that the initial operating reserve under this section may be in the form of an irrevocable letter of credit; and “(2) may not require more than a 3 percent contribution to equity, except that the Secretary shall require a 5 percent contribution in the case of a project that is allocated a low-income housing tax credit pursuant to section 42 of title 26.”

    Enacted provision · exact public law section
    (1) by striking subsection (r) and inserting the following: “(r) (1) the Secretary— “(A) may require that the initial operating reserve under this section may be in the form of an irrevocable letter of credit; and “(B) except as provided in paragraph (2), may require not more than a 3 percent contribution to equity, except that the Secretary shall require a 5 percent contribution in the case of a project that is allocated a low-income housing tax credit pursuant to section 42 of the Internal Revenue Code of 1986. “(2) The Secretary may adjust the amount of equity contribution to ensure that assistance provided is not more than is necessary to provide affordable housing after taking account of assistance from all Federal, State, and local sources. “(3) Not later than 60 days after the date of enactment of Regulations. the Act entitled ‘An Act making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1997, and for other purposes’, the Secretary shall issue regulations to implement subsection (r)(2) in accordance with the negotiated rulemaking procedures set forth in subchapter III of chapter 5 of title 5, United States Code: Provided, That if the negotiated rulemaking is not completed within the designated time, the Secretary shall proceed to promulgate regulations under the rulemaking authority contained in 5 U.S.C. 567.”; and

100. 1996

     Pub. L. 104–180 § 734(c)(2) · 110 Stat. 1569

     1. Redesignated · 42 U.S.C. § 1485(t)(4)

        Pub. L. 104–180, § 734(c)(2), redesignated par. (6) as (4)

     2. Struck · 42 U.S.C. § 1485(t)(4)

        Pub. L. 104–180, § 734(c)(2), struck out heading and text of former par. (4). Text read as follows: “For each initial loan made or insured under subsection (b) of this section pursuant to a contract entered into after the date this subsection takes effect, the owner shall make monthly payments from project income to the Secretary for deposit in a reserve account for the project. Such monthly payments shall, in the first year after the loan is made or insured, equal $2 for each unit in the project, and shall increase by $2 annually until the expiration of the 20-year period beginning on the date that the loan was made or insured, except that such initial payments, any accrued payments, and annual increases shall not be required for a unit occupied by a low-income family or individual who is paying more than 30 percent of the family’s or individual’s adjusted income in rent. The rent on a unit for which payment is made under this paragraph shall be increased by the amount of such payment.”

     Source evidence

     Code amendment note
     Subsec. (t)(4). Pub. L. 104–180, § 734(c)(2), redesignated par. (6) as (4) and struck out heading and text of former par. (4). Text read as follows: “For each initial loan made or insured under subsection (b) of this section pursuant to a contract entered into after the date this subsection takes effect, the owner shall make monthly payments from project income to the Secretary for deposit in a reserve account for the project. Such monthly payments shall, in the first year after the loan is made or insured, equal $2 for each unit in the project, and shall increase by $2 annually until the expiration of the 20-year period beginning on the date that the loan was made or insured, except that such initial payments, any accrued payments, and annual increases shall not be required for a unit occupied by a low-income family or individual who is paying more than 30 percent of the family’s or individual’s adjusted income in rent. The rent on a unit for which payment is made under this paragraph shall be increased by the amount of such payment.”

     Enacted provision · exact public law section
     (2) Equity Loans.— Section 515(t) of the Housing Act of 1949 (42 U.S.C. 1485(t)) is amended— (A) by striking paragraphs (4) and (5); and (B) by redesignating paragraphs (6) through (8) as paragraphs (4) through (6), respectively.

101. 1996

     Pub. L. 104–180 § 734(c)(2) · 110 Stat. 1569

     1. Redesignated · 42 U.S.C. § 1485(t)(5)

        Pub. L. 104–180, § 734(c)(2), redesignated par. (7) as (5)

     2. Struck · 42 U.S.C. § 1485(t)(5)

        Pub. L. 104–180, § 734(c)(2), struck out former par. (5) which read as follows:

     Source evidence

     Code amendment note
     Subsec. (t)(5). Pub. L. 104–180, § 734(c)(2), redesignated par. (7) as (5) and struck out former par. (5) which read as follows:

     “(5) Reserve account.— “(A) Payments under paragraph (4) shall be deposited in an interest bearing account that the Secretary shall establish for the project. “(B) The Secretary shall make available amounts in the reserve account only for payments of principal and interest on an equity loan under this subsection. Such payments shall be in amounts necessary to ensure that rent payments made by low-income families residing in the housing do not exceed the maximum rent under section 1490a(a)(2)(A) of this title; “(C) Any payments to the account, and interest on such payments, not expended in the project from which such payments were made, shall be used in other projects to make payments of principal and interest on an equity loan under this subsection. Such payments shall be in amounts necessary to ensure that rent payments made by low-income families residing in the housing do not exceed the maximum rent under section 1490a(a)(2)(A) of this title. “(D) The Secretary shall make payments from accounts under this paragraph only to the extent provided in appropriations Acts.”

     Enacted provision · exact public law section
     (2) Equity Loans.— Section 515(t) of the Housing Act of 1949 (42 U.S.C. 1485(t)) is amended— (A) by striking paragraphs (4) and (5); and (B) by redesignating paragraphs (6) through (8) as paragraphs (4) through (6), respectively.

102. 1996

     Pub. L. 104–180 § 734(c)(2)(B) · 110 Stat. 1569

     Redesignated · 42 U.S.C. § 1485(t)(6)(8)

     Pub. L. 104–180, § 734(c)(2)(B), redesignated pars. (6) to (8) as (4) to (6), respectively

     Source evidence

     Code amendment note
     Subsec. (t)(6) to (8). Pub. L. 104–180, § 734(c)(2)(B), redesignated pars. (6) to (8) as (4) to (6), respectively.

     Enacted provision · exact public law section
     (B) by redesignating paragraphs (6) through (8) as paragraphs (4) through (6), respectively.

103. 1996

     Pub. L. 104–180 § 734(a)(2) · 110 Stat. 1569

     Substituted · 42 U.S.C. § 1485(w)(1)

     Pub. L. 104–180, § 734(a)(2), substituted “fiscal year 1997” for “fiscal year 1996”

     Source evidence

     Code amendment note
     Subsec. (w)(1). Pub. L. 104–180, § 734(a)(2), substituted “fiscal year 1997” for “fiscal year 1996”.

     Enacted provision · exact public law section
     (2) Set-aside for nonprofit entities.— The first sentence of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is amended by striking “fiscal year 1996” and inserting “fiscal year 1997”.

104. 1996

     Pub. L. 104–180 § 734(d)(2) · 110 Stat. 1569

     1. Added · 42 U.S.C. § 1485(z)

        Pub. L. 104–180, § 734(d)(2), (e)(2), added subsec. (z)

     2. Struck · 42 U.S.C. § 1485(z)

        Pub. L. 104–180, § 734(d)(2), (e)(2), struck out heading and text of former subsec. (z). Text consisted of 3 pars. which denied Secretary authority to refuse to make complying loan solely because facilities were in rural or remote area or to provide preference for project based on availability of particular essential service and required Secretary to give preference to proposed projects serving rural communities 20 or more miles from an urban area

     Source evidence

     Code amendment note
     Subsec. (z). Pub. L. 104–180, § 734(d)(2), (e)(2), added subsec. (z) and struck out heading and text of former subsec. (z). Text consisted of 3 pars. which denied Secretary authority to refuse to make complying loan solely because facilities were in rural or remote area or to provide preference for project based on availability of particular essential service and required Secretary to give preference to proposed projects serving rural communities 20 or more miles from an urban area.

     Enacted provision · exact public law section
     (2) by striking subsection (z).

105. 1997

     Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998

     Pub. L. 105–86 § 735(b)(3)(A) · 111 Stat. 2079

     Substituted · 42 U.S.C. § 1485(a)(2)

     Pub. L. 105–86, § 735(b)(3)(A), substituted “up to 30 years” for “up to fifty years”

     Source evidence

     Code amendment note
     Subsec. (a)(2). Pub. L. 105–86, § 735(b)(3)(A), substituted “up to 30 years” for “up to fifty years”.

     Enacted provision · exact public law section
     (A) in subsection (a)(2), by striking “up to fifty” and inserting “up to 30”; and

106. 1997

     Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998

     Pub. L. 105–86 § 735(b)(3)(B)(i) · 111 Stat. 2079

     1. Added · 42 U.S.C. § 1485(b)(2)

        Pub. L. 105–86, § 735(b)(3)(B)(i), added par. (2)

     2. Struck · 42 U.S.C. § 1485(b)(2)

        Pub. L. 105–86, § 735(b)(3)(B)(i), struck out former par. (2) which read as follows: “provide for complete amortization by periodic payments within such term as the Secretary may prescribe;”

     Source evidence

     Code amendment note
     Subsec. (b)(2). Pub. L. 105–86, § 735(b)(3)(B)(i), added par. (2) and struck out former par. (2) which read as follows: “provide for complete amortization by periodic payments within such term as the Secretary may prescribe;”.

     Enacted provision · exact public law section
     (i) by striking paragraph (2) and inserting the following: “(2) such a loan may be made for a period of up to 30 years from the making of the loan, but the Secretary may provide for periodic payments based on an amortization schedule of 50 years with a final payment of the balance due at the end of the term of the loan;”;

107. 1997

     Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998

     Pub. L. 105–86 § 735(b)(1) · 111 Stat. 2079

     Substituted · 42 U.S.C. § 1485(b)(4)

     Pub. L. 105–86, § 735(b)(1), substituted “September 30, 1998” for “September 30, 1997”

     Source evidence

     Code amendment note
     Subsec. (b)(4). Pub. L. 105–86, § 735(b)(1), substituted “September 30, 1998” for “September 30, 1997”.

     Enacted provision · exact public law section
     (1) Authority to make loans.— Section 515(b)(4) of the Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by striking “September 30, 1997” and inserting “September 30, 1998”.

108. 1997

     Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998

     Pub. L. 105–86 § 735(b)(3)(B)(ii) · 111 Stat. 2079

     Added · 42 U.S.C. § 1485(b)(7)

     Pub. L. 105–86, § 735(b)(3)(B)(ii)–(iv), added par. (7)

     Source evidence

     Code amendment note
     Subsec. (b)(7). Pub. L. 105–86, § 735(b)(3)(B)(ii)–(iv), added par. (7).

     Enacted provision · exact public law section
     (ii) in paragraph (5), by striking “and” at the end;

109. 1997

     Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998

     Pub. L. 105–86 § 735(b)(2) · 111 Stat. 2079

     Substituted · 42 U.S.C. § 1485(w)(1)

     Pub. L. 105–86, § 735(b)(2), substituted “fiscal year 1998” for “fiscal year 1997”

     Source evidence

     Code amendment note
     Subsec. (w)(1). Pub. L. 105–86, § 735(b)(2), substituted “fiscal year 1998” for “fiscal year 1997”.

     Enacted provision · exact public law section
     (2) Set-aside for nonprofit entities.— The first sentence of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is amended by striking “fiscal year 1997” and inserting “fiscal year 1998”.

110. 1998

     Pub. L. 105–276 § 599C(b)(1) · 112 Stat. 2461

     1. Redesignated · 42 U.S.C. § 1485(b)(4)(7)

        Pub. L. 105–276, § 599C(b)(1), redesignated pars. (5) to (7) as (4) to (6), respectively

     2. Struck · 42 U.S.C. § 1485(b)(4)(7)

        Pub. L. 105–276, § 599C(b)(1), struck out former par. (4) which read as follows: “no loan shall be insured under this subsection after September 30, 1998;”

     Source evidence

     Code amendment note
     Subsec. (b)(4) to (7). Pub. L. 105–276, § 599C(b)(1), redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4) which read as follows: “no loan shall be insured under this subsection after September 30, 1998;”.

111. 1998

     Pub. L. 105–276 § 599C(b)(2) · 112 Stat. 2461

     Substituted · 42 U.S.C. § 1485(w)(1)

     Pub. L. 105–276, § 599C(b)(2), substituted “each fiscal year” for “fiscal year 1998” in first sentence

     Source evidence

     Code amendment note
     Subsec. (w)(1). Pub. L. 105–276, § 599C(b)(2), substituted “each fiscal year” for “fiscal year 1998” in first sentence.

112. 2000

     American Homeownership and Economic Opportunity Act of 2000

     Pub. L. 106–569 title VII § 704 · 114 Stat. 2944

     1. Added · 42 U.S.C. § 1485(z)

        Pub. L. 106–569 added subsec. (z)

     2. Struck · 42 U.S.C. § 1485(z)

        Pub. L. 106–569 struck out heading and text of former subsec. (z). Text read as follows: “Whoever, as an owner, agent, or manager, or who is otherwise in custody, control, or possession of property that is security for a loan made or insured under this section willfully uses, or authorizes the use, of any part of the rents, assets, proceeds, income, or other fund derived from such property, for any purpose other than to meet actual or necessary expenses of the property, or for any other purpose not authorized by this subchapter or the regulations adopted pursuant to this subchapter, shall be fined not more than $250,000 or imprisoned not more than 5 years, or both.”

     Source evidence

     Code amendment note
     Subsec. (z). Pub. L. 106–569 added subsec. (z) and struck out heading and text of former subsec. (z). Text read as follows: “Whoever, as an owner, agent, or manager, or who is otherwise in custody, control, or possession of property that is security for a loan made or insured under this section willfully uses, or authorizes the use, of any part of the rents, assets, proceeds, income, or other fund derived from such property, for any purpose other than to meet actual or necessary expenses of the property, or for any other purpose not authorized by this subchapter or the regulations adopted pursuant to this subchapter, shall be fined not more than $250,000 or imprisoned not more than 5 years, or both.”

     Enacted provision · exact public law section
     SEC. 704. PROJECT ACCOUNTING RECORDS AND PRACTICES. Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by striking subsection (z) and inserting the following new subsections: “(z) Accounting and Recordkeeping Requirements.— “(1) Accounting standards.— The Secretary shall require that borrowers in programs authorized by this section maintain accounting records in accordance with generally accepted accounting principles for all projects that receive funds from loans made or guaranteed by the Secretary under this section. “(2) Record retention requirements.— The Secretary shall require that borrowers in programs authorized by this section retain for a period of not less than 6 years and make available to the Secretary in a manner determined by the Secretary, all records required to be maintained under this subsection and other records identified by the Secretary in applicable regulations. “(aa) Double Damages for Unauthorized Use of Housing Projects Assets and Income.— “(1) Action to recover assets or income.— “(A) In general.— The Secretary may request the Attorney General to bring an action in a United States district court to recover any assets or income used by any person in violation of the provisions of a loan made or guaranteed by the Secretary under this section or in violation of any applicable statute or regulation. “(B) Improper documentation.— For purposes of this subsection, a use of assets or income in violation of the applicable loan, loan guarantee, statute, or regulation shall include any use for which the documentation in the books and accounts does not establish that the use was made for a reasonable operating expense or necessary repair of the project or for which the documentation has not been maintained in accordance with the requirements of the Secretary and in reasonable condition for proper audit. “(C) Definition.— For the purposes of this subsection, the term ‘person’ means— “(i) any individual or entity that borrows funds in accordance with programs authorized by this section; “(ii) any individual or entity holding 25 percent or more interest of any entity that borrows funds in accordance with programs authorized by this section; and “(iii) any officer, director, or partner of an entity that borrows funds in accordance with programs authorized by this section. “(2) Amount recoverable.— “(A) In general.— In any judgment favorable to the United States entered under this subsection, the Attorney General may recover double the value of the assets and income of the project that the court determines to have been used in violation of the provisions of a loan made or guaranteed by the Secretary under this section or any applicable statute or regulation, plus all costs related to the action, including reasonable attorney and auditing fees. “(B) Application of recovered funds.— Notwithstanding any other provision of law, the Secretary may use amounts recovered under this subsection for activities authorized under this section and such funds shall remain available for such use until expended. “(3) Time limitation.— Notwithstanding any other provision of law, an action under this subsection may be commenced at any time during the 6-year period beginning on the date that the Secretary discovered or should have discovered the violation of the provisions of this section or any related statutes or regulations. “(4) Continued availability of other remedies.— The remedy provided in this subsection is in addition to and not in substitution of any other remedies available to the Secretary or the United States.”.

113. 2000

     American Homeownership and Economic Opportunity Act of 2000

     Pub. L. 106–569 title VII § 704 · 114 Stat. 2944

     Added · 42 U.S.C. § 1485(aa)

     Pub. L. 106–569 added subsec. (aa)

     Source evidence

     Code amendment note
     Subsec. (aa). Pub. L. 106–569 added subsec. (aa).

     Enacted provision · exact public law section
     SEC. 704. PROJECT ACCOUNTING RECORDS AND PRACTICES. Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended by striking subsection (z) and inserting the following new subsections: “(z) Accounting and Recordkeeping Requirements.— “(1) Accounting standards.— The Secretary shall require that borrowers in programs authorized by this section maintain accounting records in accordance with generally accepted accounting principles for all projects that receive funds from loans made or guaranteed by the Secretary under this section. “(2) Record retention requirements.— The Secretary shall require that borrowers in programs authorized by this section retain for a period of not less than 6 years and make available to the Secretary in a manner determined by the Secretary, all records required to be maintained under this subsection and other records identified by the Secretary in applicable regulations. “(aa) Double Damages for Unauthorized Use of Housing Projects Assets and Income.— “(1) Action to recover assets or income.— “(A) In general.— The Secretary may request the Attorney General to bring an action in a United States district court to recover any assets or income used by any person in violation of the provisions of a loan made or guaranteed by the Secretary under this section or in violation of any applicable statute or regulation. “(B) Improper documentation.— For purposes of this subsection, a use of assets or income in violation of the applicable loan, loan guarantee, statute, or regulation shall include any use for which the documentation in the books and accounts does not establish that the use was made for a reasonable operating expense or necessary repair of the project or for which the documentation has not been maintained in accordance with the requirements of the Secretary and in reasonable condition for proper audit. “(C) Definition.— For the purposes of this subsection, the term ‘person’ means— “(i) any individual or entity that borrows funds in accordance with programs authorized by this section; “(ii) any individual or entity holding 25 percent or more interest of any entity that borrows funds in accordance with programs authorized by this section; and “(iii) any officer, director, or partner of an entity that borrows funds in accordance with programs authorized by this section. “(2) Amount recoverable.— “(A) In general.— In any judgment favorable to the United States entered under this subsection, the Attorney General may recover double the value of the assets and income of the project that the court determines to have been used in violation of the provisions of a loan made or guaranteed by the Secretary under this section or any applicable statute or regulation, plus all costs related to the action, including reasonable attorney and auditing fees. “(B) Application of recovered funds.— Notwithstanding any other provision of law, the Secretary may use amounts recovered under this subsection for activities authorized under this section and such funds shall remain available for such use until expended. “(3) Time limitation.— Notwithstanding any other provision of law, an action under this subsection may be commenced at any time during the 6-year period beginning on the date that the Secretary discovered or should have discovered the violation of the provisions of this section or any related statutes or regulations. “(4) Continued availability of other remedies.— The remedy provided in this subsection is in addition to and not in substitution of any other remedies available to the Secretary or the United States.”.

114. 2008

     Housing Tax Credit Coordination Act of 2008

     Pub. L. 110–289 div. B title VIII § 2833 · 122 Stat. 2654

     1. Inserted · 42 U.S.C. § 1485(h)

        Pub. L. 110–289, which directed amendment of subsec. (h) by inserting “(1) Condition” after “(h)”

     2. Added · 42 U.S.C. § 1485(h)

        Pub. L. 110–289, which directed amendment of subsec. (h) by adding par. (2), was executed by making the insertion after “(h) Project transfers”

     3. Added · 42 U.S.C. § 1485(h)

        Pub. L. 110–289, which directed amendment of subsec. (h) by adding par. (2), to reflect the probable intent of Congress

     Source evidence

     Code amendment note
     Subsec. (h). Pub. L. 110–289, which directed amendment of subsec. (h) by inserting “(1) Condition” after “(h)” and adding par. (2), was executed by making the insertion after “(h) Project transfers” and adding par. (2), to reflect the probable intent of Congress.

     Enacted provision · exact public law section
     SEC. 2833. PROJECT APPROVALS BY RURAL HOUSING SERVICE.   Section 515(h) of the Housing Act of 1949 (42 U.S.C. 1485) is amended— (1) by inserting “(1) Condition.—” after “(h)”; and (2) by adding at the end the following new paragraphs: “(2) Actions to expedite project approvals.— “(A) In general.— The Secretary shall take actions to facilitate timely approval of requests to transfer ownership or control, for the purpose of rehabilitation or preservation, of multifamily housing projects for which assistance is provided by the Secretary of Agriculture in conjunction with any low-income housing tax credits under section 42 of the Internal Revenue Code of 1986 or tax-exempt housing bonds. “(B) Consultation.— The Secretary of Agriculture shall consult with the Commissioner of the Internal Revenue Service and take such actions as are appropriate in conjunction with such consultation to simplify the coordination of rules, regulations, forms (including applications forms for project transfers), and approval requirements multifamily housing projects for which assistance is provided by the Secretary of Agriculture in conjunction with any low-income housing tax credits under section 42 of the Internal Revenue Code of 1986 or tax-exempt housing bonds. “(C) Existing requirements.— Any actions taken pursuant to this paragraph shall be taken in a manner that provides for full compliance with any existing requirements under law or regulation that are designed to protect families receiving Federal housing assistance, including income targeting, rent, and fair housing provisions, and shall also comply with requirements regarding environmental review and protection and wages paid to laborers. “(D) Recommendations.— In implementing the changes required under this paragraph, the Secretary shall solicit recommendations regarding such changes from project owners and sponsors, investors and stakeholders in housing tax credits, State and local housing finance agencies, tenant advocates, and other stakeholders in such projects.” .

115. 2020

     Department of Commerce Appropriations Act, 2021

     Pub. L. 116–260 div. Q title I § 101(f)(2) · 134 Stat. 1182

     1. Amended · 42 U.S.C. § 1485(m)

        Pub. L. 116–260 designated existing provisions as par. (1)

     2. Added · 42 U.S.C. § 1485(m)

        Pub. L. 116–260 added par. (2)

     Source evidence

     Code amendment note
     Subsec. (m). Pub. L. 116–260 designated existing provisions as par. (1) and added par. (2).

     Enacted provision · exact public law section
     Sec. 101. During Certification. the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.

116. 2022

     Financial Services and General Government Appropriations Act, 2023

     Pub. L. 117–328 div. AA title VI § 601(e)(2) · 136 Stat. 4459

     Added · 42 U.S.C. § 1485(m)(3)

     Pub. L. 117–328 added par. (3)

     Source evidence

     Code amendment note
     Subsec. (m)(3). Pub. L. 117–328 added par. (3).

     Enacted provision · exact public law section
     Sec. 601. (including rescission of funds) None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.

     Effective date note
     Amendment by Pub. L. 117–328 effective 2 years after Dec. 29, 2022, see section 601(h) of div. AA of Pub. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking.

117. 2026

     Pub. L. 119–101 § 502(n)(1) · 140 Stat. 925

     Added · 42 U.S.C. § 1485(h)(3)

     Pub. L. 119–101, § 502(n)(1), added par. (3)

     Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

     Source evidence

     Code amendment note
     Subsec. (h)(3). Pub. L. 119–101, § 502(n)(1), added par. (3).

118. 2026

     Pub. L. 119–101 § 502(n)(2) · 140 Stat. 925

     Substituted · 42 U.S.C. § 1485(w)(1)

     Pub. L. 119–101, § 502(n)(2), substituted “25 percent” for “9 percent”

     Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

     Source evidence

     Code amendment note
     Subsec. (w)(1). Pub. L. 119–101, § 502(n)(2), substituted “25 percent” for “9 percent”.

125 of 145 references resolved to an enrolled provision · 18 partial · 2 unresolved