 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 42. THE PUBLIC HEALTH AND WELFARE |
|
Chapter 8A. SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING |
|
SubChapter III. FARM HOUSING |
§ 1485. Housing and related facilities for elderly persons and families or other persons and families of low income
-
(a) Direct loans; authorization; terms and conditions; revolving fund; appropriation The Secretary is authorized to make loans to private nonprofit corporations and consumer cooperatives and Indian tribes to provide rental or cooperative housing and related facilities for elderly or handicapped persons or families of low or moderate income or other persons and families of low income in rural areas, in accordance with terms and conditions substantially identical with those specified in section 1472 of this title; except that— (1) no such loan shall exceed the development cost or the value of the security, whichever is less; (2) such a loan may be made for a period of up to 30 years from the making of the loan; and (3) 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. There is authorized to be appropriated not to exceed $50,000,000, which shall constitute a revolving fund to be used by the Secretary in carrying out this subsection. (b) Insurance of loans; authorization; terms and conditions; utilization of Agricultural Credit Insurance Fund The Secretary is authorized to insure and make commitments to insure loans made to any individual, corporation, association, trust, Indian tribe, or partnership to provide rental or cooperative housing and related facilities for elderly or handicapped persons or families or other persons and families of moderate income in rural areas, in accordance with terms and conditions substantially identical with those specified in section 1472 of this title; except that— (1) no such loan shall exceed the development cost or the value of the security, whichever is less; (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; (3) for insuring such loans, the Secretary shall utilize the Agricultural Credit Insurance Fund subject to all the provisions of section 1929 of title 7 and the second and third sentences of section 1928 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 title 26. (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 August 6, 1996 , the Secretary shall issue regulations to implement subsection (r)(2) of this section in accordance with the negotiated rulemaking procedures set forth in subchapter III of chapter 5 of title 5: 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 section 557 of title 5.(s) Limitation of fees on loans 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.
(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) of this section, 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) of this section 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 the 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 appraised value of the project made or insured under subsection (b) of this section.
(4) 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.
(5) Regulations The Secretary shall issue final regulations within 180 days from
December 15, 1989 .(6) 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 afterDecember 15, 1989 , and on or beforeJune 16, 1990 , but reserve account payments shall be required for such loans beginning onNovember 28, 1990 .(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. Any loan authority under this section appropriated or made available within limits established in appropriations Acts shall remain available until expended.
(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.
(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 9 percent of the amounts available in each fiscal year. 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. 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— (A) will own an interest in a project to be financed under this section and will materially participate in the development and the operation of the project; (B) is a private organization that has nonprofit, tax exempt status under section 501(c)(3) or section 501(c)(4) of title 26; (C) has among its purposes the planning, development, or management of low-income housing or community development projects; and (D) is not affiliated with or controlled by a for-profit organization. (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. 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.
(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.
(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 12705 of this title and a low-income housing tax credit allocation plan under section 42 of title 26; and (3) develop, in consultation with housing credit agencies (as that term is defined under section 42 of title 26), 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 title 26 for the purpose of achieving compliance with section 3545(d) of this title. (y) Service coordinators (1) Grants The Secretary may make grants under this subsection, with respect to any project that the Secretary determines 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 minimum qualifications and standards established under section 8011(d)(4) of this title 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) “Frail elderly” defined For purposes of this subsection, the term “frail elderly” has the meaning given the term in section 8011(k) of this title.
(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.
References In Text
Section 1928 of title 7, referred to in subsec. (b)(3), was amended generally by Pub. L. 104–127, title VI, § 605,
Section 1929(f)(1) of title 7, referred to in subsec. (b)(3), was repealed and section 1929(f)(2) was redesignated section 1929(f)(1) by Pub. L. 104–127, title VII, § 744,
The United States Housing Act of 1937, referred to in subsec. (q), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a),
Codification
Section 203(a) of Pub. L. 100–242, as amended, which was formerly set out in a note under section 1715l of Title 12, Banks and Banking, and which provided that on
Amendments
2008—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.
2000—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.”
Subsec. (aa). Pub. L. 106–569 added subsec. (aa).
1998—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
Subsec. (w)(1). Pub. L. 105–276, § 599C(b)(2), substituted “each fiscal year” for “fiscal year 1998” in first sentence.
1997—Subsec. (a)(2). Pub. L. 105–86, § 735(b)(3)(A), substituted “up to 30 years” for “up to fifty years”.
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;”.
Subsec. (b)(4). Pub. L. 105–86, § 735(b)(1), substituted “
Subsec. (b)(7). Pub. L. 105–86, § 735(b)(3)(B)(ii)–(iv), added par. (7).
Subsec. (w)(1). Pub. L. 105–86, § 735(b)(2), substituted “fiscal year 1998” for “fiscal year 1997”.
1996—Subsec. (b)(4). Pub. L. 104–180, § 734(a)(1), substituted “
Pub. L. 104–120, § 4(b), substituted “
Subsec. (c)(1). Pub. L. 104–180, § 734(c)(3)(C), substituted “
Subsec. (h). Pub. L. 104–180, § 734(c)(1), added subsec. (h).
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.”
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.”
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.”
Subsec. (t)(6) to (8). Pub. L. 104–180, § 734(c)(2)(B), redesignated pars. (6) to (8) as (4) to (6), respectively.
Subsec. (w)(1). Pub. L. 104–180, § 734(a)(2), substituted “fiscal year 1997” for “fiscal year 1996”.
Pub. L. 104–120, § 4(c), substituted “fiscal year 1996” for “fiscal years 1993 and 1994”.
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.
1992—Subsec. (b)(4). Pub. L. 102–550, § 701(e), substituted “1994” for “1992”.
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.”
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”.
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.”
Subsec. (p)(5). Pub. L. 102–550, § 707(b)(2)(2), added par. (5).
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”.
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).
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.”
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.”
Subsec. (x). Pub. L. 102–550, § 707(d), added subsec. (x).
Subsec. (y). Pub. L. 102–550, § 707(e), added subsec. (y).
Subsec. (z). Pub. L. 102–550, § 707(f)(1), added subsec. (z).
1991—Subsec. (b)(4). Pub. L. 102–142 substituted “1992” for “1991”.
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).
1990—Subsec. (b)(4). Pub. L. 101–625, § 701(e), substituted “1991” for “1990”.
Subsec. (t)(3). Pub. L. 101–625, § 712(a)(1), substituted “original appraised value of the project” for “original loan on the project”.
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.
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
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.”
Subsec. (v). Pub. L. 101–625, § 712(c), added subsec. (v).
Subsec. (w). Pub. L. 101–625, § 713, added subsec. (w).
1989—Subsec. (b)(4). Pub. L. 101–137 substituted “
Subsec. (t). Pub. L. 101–235, § 207, added subsec. (t).
Subsec. (u). Pub. L. 101–235, § 402, added subsec. (u).
1988—Subsec. (b)(4). Pub. L. 100–242, § 301(e), substituted “
Subsec. (c). Pub. L. 100–242, § 242, added subsec. (c). Former subsec. (c) redesignated (d).
Subsecs. (d) to (g). Pub. L. 100–242, § 242(1), redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
Subsec. (h). Pub. L. 100–628 struck out subsec. (h) which read as follows: “The Secretary shall limit increases in rents on or after
Pub. L. 100–242, § 242(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Subsecs. (i) to (p). Pub. L. 100–242, § 242(1), redesignated subsecs. (h) to (o) as (i) to (p), respectively.
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
Subsec. (p)(4). Pub. L. 100–242, § 306, added par. (4).
Subsec. (q). Pub. L. 100–242, § 242(1), redesignated former subsec. (p) as (q).
Subsec. (r). Pub. L. 100–242, § 263, added subsec. (r).
Subsec. (s). Pub. L. 100–242, § 307, added subsec. (s).
1987—Subsec. (b)(4). Pub. L. 100–200 substituted “
Pub. L. 100–179 substituted “
Pub. L. 100–170 substituted “
Pub. L. 100–154 substituted “
Pub. L. 100–122 substituted “
1986—Subsec. (b)(4). Pub. L. 99–430 substituted “
Pub. L. 99–345 substituted “
Pub. L. 99–289 substituted “
Pub. L. 99–272 directed amendment identical to Pub. L. 99–219, substituting “
Pub. L. 99–267 substituted “
1985—Subsec. (b)(4). Pub. L. 99–219 substituted “
Pub. L. 99–156 substituted “
Pub. L. 99–120 substituted “
1984—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”.
1983—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.
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.
Subsec. (b)(5). Pub. L. 98–181, § 512(c)(4), redesignated par. (6) as (5). Former par. (5) redesignated (4).
Pub. L. 98–181, § 511(b), substituted “
Pub. L. 98–109 substituted “
Pub. L. 98–35 substituted “
Subsec. (b)(6), (7). Pub. L. 98–181, § 512(c)(4), redesignated par. (7) as (6). Former par. (6) redesignated (5).
Pub. L. 98–181, § 512(b), added par. (7).
Subsec. (c). Pub. L. 98–181, § 512(d), inserted provisions relating to detached units, on scattered sites, for cooperative housing.
Subsec. (d)(1). Pub. L. 98–181, § 512(e), inserted provisions relating to applicability to manufactured home rental parks.
Subsecs. (g) to (p). Pub. L. 98–181, § 512(a), added subsecs. (g) to (p).
1982—Subsec. (b)(5). Pub. L. 97–289 substituted “
1981—Subsec. (b)(5). Pub. L. 97–35 substituted “1982” for “1981”.
1980—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).
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 “
Pub. L. 96–372 substituted “
Subsec. (f). Pub. L. 96–399, § 502, added subsec. (f).
1979—Subsec. (b)(5). Pub. L. 96–153 substituted “
Pub. L. 96–105 substituted “
Pub. L. 96–71 substituted “
1978—Subsec. (b)(5). Pub. L. 95–557 substituted “
Pub. L. 95–406 substituted “
1977—Subsec. (a). Pub. L. 95–128, § 507(a)(3), authorized loans for housing of handicapped persons or families.
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 “
Pub. L. 95–80 substituted “
Pub. L. 95–60 substituted “
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.
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.
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.
1974—Subsec. (b)(1). Pub. L. 93–383, § 510(a), struck out “$750,000 or” after “exceed” and substituted “less” for “least”.
Subsec. (b)(5). Pub. L. 93–383, § 509(b), substituted “
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.
1973—Subsec. (b)(5). Pub. L. 93–117 substituted “
1970—Subsec. (b)(1). Pub. L. 91–609 substituted “$750,000” for “$300,000”.
1969—Subsec. (b)(5). Pub. L. 91–152 substituted “
Pub. L. 91–78 substituted “
1966—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.
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.
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”.
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.
1965—Subsec. (b)(5). Pub. L. 89–117 substituted “
1964—Subsec. (b). Pub. L. 88–560 substituted “$300,000” for “$100,000” in cl. (1), and “1965” for “1964” in cl. (5).
Pub. L. 88–340 substituted “
Effective Date Of Amendment
Amendment by Pub. L. 104–120 to be construed to have become effective
Section 708(b) of Pub. L. 102–550 provided that:
Amendment by Pub. L. 97–35 effective
Miscellaneous
Section 707(f)(2) of Pub. L. 102–550 provided that: