Purpose
12 U.S.C. 170142 U.S.C. 1437The purposes of this section are to provide assistance to restore or maintain the financial soundness, to assist in the improvement of the management, to permit capital improvements to be made to maintain certain projects as decent, safe, and sanitary housing, and to maintain the low- to moderate-income character of certain projects assisted or approved for assistance under the National Housing Act [ et seq.], the United States Housing Act of 1937 [ et seq.], the Housing Act of 1959, or the Housing and Urban Development Act of 1965, without regard to whether such projects are insured under the National Housing Act.
Availability of financial assistance
12 U.S.C. 1701The Secretary of Housing and Urban Development (hereinafter referred to in this section as the “Secretary”) may make available, and contract to make available, to such extent and in such amounts as may be approved in appropriation Acts, financial assistance to owners of rental or cooperative housing projects meeting the requirements of this section. Such assistance shall be made on an annual basis and in accordance with the provisions of this section, without regard to whether such projects are insured under the National Housing Act [ et seq.].
Eligibility for financial assistance
Criteria for granting financial assistance
Consultation with local officials
Amount of financial assistance
Rules and regulations
The Secretary is authorized to issue such rules and regulations as may be necessary to carry out the provisions and purposes of this section, including regulations requiring the establishment of a project reserve or such other safeguards as the Secretary determines to be necessary for the financial soundness of any project for which assistance payments are provided, to the extent applicable.
Limitation on use of financial assistance
12 U.S.C. 1701sThe Secretary may not use any of the assistance available under this section during any fiscal year beginning on or after , to supplement any contract to make rental assistance payments which was made pursuant to section 101 of the Housing and Urban Development Act of 1965 [].
Pub. L. 103–233, title I, § 103(b)(1)108 Stat. 359 Repealed. , ,
Flexible Subsidy Fund
Assistance for capital improvements; loans as medium of assistance; owner contributions; priority of projects
Amount of assistance for capital improvements; term of loan; rate of interest; allowance for administrative costs and probable program losses; nondischargeable liability; other forms for loans
Rental payment increases; minimization of increases
Allocation of assistance
Set-aside
In providing, and contracting to provide, assistance for capital improvements under this section, in each fiscal year the Secretary shall set aside an amount, as determined by the Secretary, for projects that are eligible for incentives under section 224(b) of the Emergency Low Income Housing Preservation Act of 1987, as such section existed before . The Secretary may make such assistance available on a noncompetitive basis.
General rules for allocation
Exceptions
Considerations
Coordination of assistance
42 U.S.C. 1437f(v)section 1701z–11 of this titleThe Secretary shall coordinate the allocation of assistance under this section with assistance made available under section 8(v) of the United States Housing Act of 1937 [] and to enhance the cost effectiveness of the Federal response to troubled multifamily housing.
Enhanced voucher eligibility
12 U.S.C. 411942 U.S.C. 1437f(t)12 U.S.C. 4113(f)Notwithstanding any other provision of law, any project that receives or has received assistance under this section and which is the subject of a transaction under which the project is preserved as affordable housing, as determined by the Secretary, shall be considered eligible low-income housing under section 229 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 () for purposes of eligibility of residents of such project for enhanced voucher assistance provided under section 8(t) of the United States Housing Act of 1937 () (pursuant to section 223(f) of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 ()).
Pub. L. 95–557, title II, § 20192 Stat. 2084Pub. L. 96–153, title II93 Stat. 1108Pub. L. 96–399, title II, § 204(a)94 Stat. 1629Pub. L. 97–35, title III95 Stat. 399Pub. L. 98–181, title I97 Stat. 1186Pub. L. 98–479, title II, § 204(n)(1)98 Stat. 2234Pub. L. 100–242, title I101 Stat. 1873Pub. L. 100–628, title X, § 1011(a)102 Stat. 3268Pub. L. 101–235, title I, § 109(c)103 Stat. 2011Pub. L. 101–625, title V, § 578(b)104 Stat. 4244Pub. L. 102–550, title IV106 Stat. 3776Pub. L. 103–233, title I, § 103(b)108 Stat. 359Pub. L. 105–276, title V, § 550(g)112 Stat. 2610Pub. L. 106–74, title V, § 536113 Stat. 1121(, , ; , §§ 205(a), 211(c), , , 1110; , , ; , §§ 321(f)(1), (2), 329C, , , 400, 409; [title II, § 217(a), (b)], , ; , (2), , ; , §§ 185, 186(b), , , 1877; , , ; , title II, § 203(a)(2), , , 2037; , (c), , , 4245; , §§ 405, 406, 408(a), , , 3778; , , ; , , ; , , .)
Editorial Notes
References in Text
act June 27, 1934, ch. 84748 Stat. 1246section 1701 of this titleThe National Housing Act, as amended, referred to in subsecs. (a), (b), (c)(1)(A), and (d)(3), is , , which is classified principally to this chapter (§ 1701 et seq.). For complete classification of this Act to the Code, see and Tables.
act Sept. 1, 1937, ch. 896Pub. L. 93–383, title II, § 201(a)88 Stat. 653section 1437 of Title 42The United States Housing Act of 1937, referred to in subsec. (a), is , as revised generally by , , , which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 86–37273 Stat. 654section 1701 of this titleThe Housing Act of 1959, referred to in subsec. (a), is , , . For complete classification of this Act to the Code, see Short Title of 1959 Amendment note set out under and Tables.
Pub. L. 89–11779 Stat. 451section 1701s of this titlesection 1701 of this titleThe Housing and Urban Development Act of 1965, as amended, referred to in subsecs. (a), (c)(1)(A), (B), and (h), is , , . Section 101 of the Act enacted and amended sections 1451 and 1465 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title of 1965 Amendment note set out under and Tables.
section 1421b of Title 42Pub. L. 93–383, title II, § 201(a)88 Stat. 653Section 23 of the United States Housing Act of 1937, referred to in subsec. (c)(1)(B), was classified to and was omitted in the general revision of the United States Housing Act of 1937 by , , .
Public Law 100–4102 Stat. 1018Pub. L. 100–404102 Stat. 1014102 Stat. 1018Pub. L. 100–404–4 (), referred to in subsec. (j)(1), probably means , , , known as the Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1989. Provisions appearing on of relating to transfer of funds from the “Flexible subsidy fund” for carrying out community development grants programs are not classified to the Code.
Pub. L. 100–242101 Stat. 1877Pub. L. 101–625lsection 1715z–6 of this titlePub. L. 101–625section 4109(b) of this titlesection 4101 of this titleThe Emergency Low Income Housing Preservation Act of 1987, referred to in subsecs. (m) and (n)(1), is title II of , , , which, as amended by , is known as the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and is classified principally to chapter 42 (§ 4101 et seq.) of this title. Section 224(b) and subtitle B of title II, which were formerly set out as a note under section 1715 of this title and which amended , were amended generally by on , and are classified generally to subchapter I (§ 4101 et seq.) of chapter 42 of this title. For provisions similar to those contained in former section 224(b), see . For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 102–550106 Stat. 3672section 1715z–1 of this titlesection 12710 of Title 42section 5301 of Title 42The Housing and Community Development Act of 1992, referred to in subsec. (n)(2)(B)(i), (3)(A), is , , . Title IV of the Act amended this section, , and , The Public Health and Welfare, and enacted provisions set out as a note below. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under and Tables.
Codification
section 201 of Pub. L. 95–557section 1715z–1 of this titleAnother subsec. (k) of amended .
Section was enacted as part of the Housing and Community Development Amendments of 1978, and not as part of the National Housing Act which comprises this chapter.
Amendments
Pub. L. 106–741999—Subsec. (p). added subsec. (p).
Pub. L. 105–2761998—Subsec. (m)(2)(A). substituted “section 8” for “section 8(b)(1)”.
Pub. L. 103–233, § 103(b)(1)1994—Subsec. (i). , struck out subsec. (i) which read as follows: “Notwithstanding any other provision of law, in exercising any authority relating to the approval or disapproval of rentals charged tenants residing in projects which are eligible for assistance under this section, the Secretary—
“(1) shall consider whether the mortgagor could control increases in utility costs by securing more favorable utility rates, by undertaking energy conservation measures which are financially feasible and cost effective, or by taking other financially feasible and cost-effective actions to increase energy efficiency or to reduce energy consumption; and
“(2) may, in his discretion, adjust the amount of a proposed rental increase where he finds the mortgagor could exercise such control.”
Pub. L. 103–233, § 103(b)(2)Subsec. (k)(2). , substituted a period for “, except that—
“(A) such contribution shall not be less than 20 percent of the total estimated cost of the capital improvements involved, unless the Secretary, upon application of the owner, determines that such contribution is financially infeasible and waives or reduces such contribution to the extent necessary;
“(B) the Secretary may not require an amount to be contributed, from the reserve funds established by the owner of such projects for the purpose of making capital improvements, in excess of 50 percent of the amount of such reserve funds on the date of such loan;
“(C) The Secretary shall waive the requirements of this paragraph if such owner is a private nonprofit corporation or an association; and
“(D) the Secretary shall give owners credit for advances made to the project during a 3-year period prior to the application for assistance.”
Pub. L. 103–233, § 103(b)(3)Subsec. (n). , amended subsec. (n) generally. Prior to amendment, subsec. (n) read as follows:
“(n)(1) The Secretary shall award assistance under this section to eligible projects on the basis of the following selection criteria:
“(A) The extent to which the project presents an imminent threat to the life, health, and safety of project residents.
“(B) The extent to which the project is financially troubled.
“(C) The extent of physical improvements needed by the project as evidenced by the comprehensive needs assessment submitted in accordance with title IV of the Housing and Community Development Act of 1992.
“(D) The extent to which there is evidence that there will be significant opportunities for residents (including a resident council or resident management corporation, as appropriate) to be involved in management of the project (except that this paragraph shall have no application to projects that are owned as cooperatives).
“(E) The extent to which there is evidence that the project owner has provided competent management and complied with all regulatory and administrative instructions (including such instructions with respect to the comprehensive servicing of multifamily projects as the Secretary may issue).
“(F) Such other criteria as the Secretary may specify by regulation or in a Federal Register notice of fund availability.
“(2) Eligible projects that have federally insured mortgages in force are to be selected for award of assistance under this section before any other eligible project.”
oPub. L. 103–233, § 103(b)(4)ooSubsecs. (), (p). redesignated subsec. (p) as () and struck out former subsec. () which read as follows: “Projects receiving assistance under this section are not eligible for prepayment incentives under the Emergency Low-Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990. Projects receiving financial assistance under such Acts are not eligible for assistance under this section.”
Pub. L. 102–550, § 405(a)(1)1992—Subsec. (d)(5). , struck out “and” at end.
Pub. L. 102–550, § 406Pub. L. 102–550, § 405(a)(2)Subsec. (d)(6). , which directed insertion, before period at end, of “; and except that the Secretary shall review and approve or disapprove each plan not later than the expiration of the 30-day period beginning upon the date of submission of the plan to the Secretary by the owner, but if the Secretary fails to inform the owner of approval or disapproval of the plan within such period the plan shall be considered to have been approved”, was executed by making the insertion before the concluding semicolon to reflect the probable intent of Congress and the intervening amendment by . See below.
Pub. L. 102–550, § 405(a)(2), substituted semicolon for period at end.
Pub. L. 102–550, § 405(a)(3)Subsec. (d)(7) to (10). , added pars. (7) to (10).
Pub. L. 102–550, § 408(a)Subsec. (j)(5). , amended par. (5) generally. Prior to amendment, par. (5) read as follows: “There are authorized to be appropriated for assistance under the flexible subsidy fund not to exceed $50,000,000 for fiscal year 1991 and $52,200,000 for fiscal year 1992.”
Pub. L. 102–550, § 405(e)Subsec. (k)(2)(D). , added subpar. (D).
Pub. L. 102–550, § 405(b)(1)Subsec. (k)(4). , struck out par. (4) which read as follows: “In providing, and contracting to provide, assistance for capital improvements under this section, the Secretary shall—
“(A) give priority to projects that are eligible for incentives under section 224(b) of the Emergency Low Income Housing Preservation Act of 1987; and
“(B) with respect to any amounts not required for projects under subparagraph (A), give priority among other projects based on the extent to which—
“(i) the capital improvements for which such assistance is requested are immediately required;
“(ii) the projects serve as the residences of lower income families, and the extent which other suitable housing is unavailable for such families in the areas in which such projects are located;
“(iii) the capital improvements for which such assistance is requested involve the life, safety, or health of the residents of the project or involve major capital improvements in the projects; and
“(iv) the projects demonstrate the greatest financial distress, while continuing to meet the requirements of subsection (d)(1) of this section.”
lPub. L. 102–550, § 405(c)Subsec. ()(2)(D). , inserted at end “The Secretary may require owners receiving assistance for capital improvements under this section to retain the housing as housing affordable for very low-income families or persons, low-income families or persons and moderate-income families or persons for the remaining useful life of the housing. For purposes of this section, the term ‘remaining useful life’ means, with respect to housing assisted under this section, the period during which the physical characteristics of the housing remain in a condition suitable for occupancy, assuming normal maintenance and repairs are made and major systems and capital components are replaced as becomes necessary.”
Pub. L. 102–550, § 405(b)(2)Subsec. (n). , added subsec. (n).
oPub. L. 102–550, § 405(d)oSubsec. (). , added subsec. ().
Pub. L. 102–550, § 405(f)Subsec. (p). , added subsec. (p).
Pub. L. 101–625, § 578(c)Public Law 100–4102 Stat. 10181990—Subsec. (j)(1). , inserted before period at end “and shall not (except as provided in –4 (), as in effect on ) be made available for any other purpose”.
Pub. L. 101–625, § 578(b)Subsec. (j)(5). , added par. (5).
Pub. L. 101–235, § 109(c)1989—Subsec. (j)(2). , added cl. (E).
Pub. L. 101–235, § 203(a)(2)(B)(i)Subsec. (m)(2). , (ii), struck out “not subject to paragraph (1)” after “for a project” and inserted “, or where appropriate to implement a plan of action under subtitle B of the Emergency Low Income Housing Preservation Act of 1987” after second reference to “residents”.
Pub. L. 101–235, § 203(a)(2)(A)lSubsec. (m)(2)(B). , substituted “Notwithstanding subsection ()(2)(B), reduce” for “Reduce”.
Pub. L. 101–235, § 203(a)(2)(B)(iii)Subsec. (m)(2)(E). , added subpar. (E).
Pub. L. 100–242, § 185(h)1988—, struck out “Operating” before “assistance” in section catchline.
Pub. L. 100–242, § 185(a)Subsec. (a). , inserted “to permit capital improvements to be made to maintain certain projects as decent, safe, and sanitary housing,” after “management,”.
Pub. L. 100–242, § 186(b)(1), inserted reference to Housing Act of 1959.
Pub. L. 100–242, § 186(b)(2)Subsec. (c)(1)(A). , inserted before semicolon at end “, or received a loan under section 202 of the Housing Act of 1959 more than 15 years before the date on which assistance is made available under this section”.
Pub. L. 100–242, § 185(b)Subsec. (c)(1)(B). , inserted “section 23 of the United States Housing Act of 1937, as in effect immediately before ,” after “is assisted under”.
Pub. L. 100–242, § 185(c)(1)Subsec. (d)(1). , inserted “or physical” after “maintain the financial”.
Pub. L. 100–242, § 185(c)(2)Subsec. (d)(6). , inserted at end “; except that the Secretary may excuse an owner from compliance with the plan requirement set forth in this paragraph in any case in which such owner seeks only assistance for capital improvements under this section”.
Pub. L. 100–242, § 185(d)(1)Subsec. (f)(1). , inserted parenthetical exception relating to projects assisted only for capital improvements.
Pub. L. 100–242, § 185(d)(2)Subsec. (f)(4). , substituted “payments for any year for a project (other than a project receiving assistance only for capital improvements) may not exceed” for “payments for any year may not exceed”.
Pub. L. 100–242, § 185(e)Subsec. (g). , inserted “, to the extent applicable” after “provided”.
Pub. L. 100–242, § 185(f)Subsec. (j). , in amending subsec. (j) generally, substituted provisions relating to the establishment, contents, and use of a revolving fund to be known as the Flexible Subsidy Fund, for provisions authorizing appropriations under this section for fiscal years 1979 through 1982.
Pub. L. 100–628Subsec. (j)(4). substituted “shall, to the extent of approvable applications and subject to paragraph (1), use not less than $30,000,000 or 40 percent (whichever is less) of the amounts available” for “may use not more than $50,000,000”; and inserted at end “Any amount reserved under this paragraph for assistance for capital improvements that is not used before the last 60 days of a fiscal year shall become available for other assistance under this section.”
Pub. L. 100–242, § 185(g)Subsecs. (k) to (m). , added subsecs. (k) to (m).
Pub. L. 98–479, § 204(n)(1)1984—Subsec. (c). , substituted “A” for “a” in provisions before subpar. (A).
Pub. L. 98–479, § 204(n)(2)Subsec. (j). , substituted “section 236(f)(3)” for “section 236(f)(3)(B)”.
Pub. L. 98–181, § 217(a)(1)1983—Subsec. (a). , (b)(1), inserted “without regard to whether such projects are insured under the National Housing Act”, and substituted “, the United States Housing Act of 1937, or” for “or under”.
Pub. L. 98–181, § 217(a)(2)Subsec. (b). , inserted “, without regard to whether such projects are insured under the National Housing Act”.
Pub. L. 98–181, § 217(a)(3)Subsec. (c)(1)(A). , struck out “; except that, in the case of any such project which is not insured under the National Housing Act such assistance may not be provided before ” after “Act of 1965”.
Pub. L. 98–181, § 217(b)(2)Subsec. (c)(1)(B), (C). , added subpar. (B) and redesignated former subpar. (B) as (C).
Pub. L. 97–35, § 329C(1)1981—Subsec. (f)(1)(D). , added subpar. (D).
Pub. L. 97–35, § 321(f)(2)Subsec. (h). , added subsec. (h). Former subsec. (h) redesignated (j).
Pub. L. 97–35, § 329C(2)Subsec. (i). , added subsec. (i).
Pub. L. 97–35, § 321(f)(1)Subsec. (j). , (2)(A), redesignated former subsec. (h) as (j) and authorized appropriation for fiscal year 1982.
Pub. L. 96–3991980—Subsec. (h). authorized appropriations for fiscal year 1981.
Pub. L. 96–153, § 211(c)1979—Subsec. (d)(1). , inserted requirement that the owner agree to maintain the low- and moderate-income character of such project for a period at least equal to the remaining term of the project mortgage.
Pub. L. 96–153, § 205(a)Subsec. (h). , authorized appropriations for fiscal year 1980.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Pub. L. 105–276section 503 of Pub. L. 105–276section 1437 of Title 42Amendment by title V of effective and applicable beginning upon , except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see , set out as a note under , The Public Health and Welfare.
Effective Date of 1994 Amendment
Pub. L. 103–233, title I, § 103(c)108 Stat. 360
In general .—
Exception .—
Notice .—
Effective Date of 1981 Amendment
Pub. L. 97–35section 371 of Pub. L. 97–35section 3701 of this titleAmendment by effective , see , set out as an Effective Date note under .
Alternative Uses for Prevention of Default
Pub. L. 103–233, title I, § 103(h)108 Stat. 362
In general .—
Displacement protection .—
Implementation .—
Multifamily Housing Planning and Investment Strategies
Pub. L. 102–550, title IV106 Stat. 3773–3775Pub. L. 103–233, title I, § 103(a)(1)108 Stat. 358
DEFINITIONS.
Covered multifamily housing property .—
Covered multifamily housing property for the elderly .—
Secretary .—
REQUIRED SUBMISSION.
In General .—
Timing .—
CONTENTS.
In General .—
Projects for the Elderly .—
SUBMISSION AND REVIEW.
Form .—
Resident Review .—
State Housing Finance Agency Review .—
Review.—
In general .—
Incomplete or inadequate assessments .—
Cost of Preparation of Strategy .—
Publication of Method for Receiving Capital Needs Assessment .—
Annual Review and Report of Funding and Targeting for Covered Multifamily Properties for the Elderly.—
Review .—
Report .—
section 404(g)(2) of Pub. L. 102–550section 3003 of Pub. L. 104–66section 1113 of Title 31[For termination, effective , of reporting provisions in , set out above, see , as amended, set out as a note under , Money and Finance, and page 104 of House Document No. 103–7.]
Funding of Multifamily Housing Projects; Operating, Capital Improvement and Loan Management Assistance; Amounts
Pub. L. 102–550, title IV, § 409Pub. L. 103–233, title I, § 103(a)(6)108 Stat. 359
Allocation of Assistance .—
Operating Assistance and Capital Improvement Assistance .—
Amount of Assistance .—
Capital Assessment Study
Pub. L. 101–235, title II, § 204(c)103 Stat. 2040Pub. L. 101–625, title V, § 583104 Stat. 4249, , , as amended by , , , directed Secretary of Housing and Urban Development to conduct a study to determine physical renovation needs of Nation’s federally-assisted multifamily housing inventory that is distressed, to estimate cost of correcting deficiencies and subsequently maintaining that inventory in adequate physical condition, and to establish criteria to determine what housing qualifies as distressed, with such criteria to include factors such as serious deficiencies in original design, deferred maintenance, physical deterioration or obsolescence of major systems and other serious deficiencies in physical plant of a project, such study to examine and assess adequacy of existing tools that are available to the Secretary for modernization efforts including mortgage insurance for rehabilitation loans, operating assistance and capital improvement loans under the Flexible Subsidy Program, with a detailed examination and assessment of Flexible Subsidy Program required, and rental assistance, and not later than , to submit to Congress a detailed report setting forth findings as a result of the study.
National Commission on Severely Distressed Public Housing
Pub. L. 101–235, title V103 Stat. 2048Pub. L. 102–550, title I, § 127(a)106 Stat. 3710, , , as amended by , , , established a National Commission on Severely Distressed Public Housing to identify those public housing projects in the Nation that are in a severe state of distress, to assess most promising strategies to improve condition of severely distressed public housing projects that have been implemented by public housing authorities, other Government agencies at Federal, State and local level, public housing tenants, and private sector, and to develop national action plan to eliminate by year 2000 unfit living conditions in public housing projects determined by Commission to be most severely distressed, provided for membership, functions, and powers of the Commission, directed that, not later than 12 months after Commission is established, Commission submit a final report to Secretary and to Congress containing information, evaluations, and recommendations, authorized appropriations for Commission of not to exceed $2,000,000 for fiscal year 1990 and $1,000,000 for fiscal year 1991, and terminated Commission at the end of .
Multifamily Housing Capital Improvements Assistance; Regulations for Implementation of Program
Pub. L. 100–628, title X, § 1011(b)102 Stat. 3268