held by the Secretary and formerly insured under a program referred to in clause (i), (ii), or (iii); and
(B)
that, under regulation or contract in effect before , is or will within 24 months become eligible for prepayment without prior approval of the Secretary.
(2)
section 4105(a) of this title The term “Federal cost limit” means, for any eligible low-income housing, the amount determined under .
(3)
The term “low-income affordability restrictions” means limits imposed by regulation or regulatory agreement on tenant rents, rent contributions, or income eligibility in eligible low-income housing.
(4)
section 1437a(b)(2) of title 42 The terms “low-income families or persons” and “very low-income families or persons” mean families or persons whose incomes do not exceed the respective levels established for low-income families and very low-income families, respectively, under .
(5)
The term “moderate-income families or persons” means families or persons whose incomes are between 80 percent and 95 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families.
(6)
The term “nonprofit organization” means any private, nonprofit organization that—
(A)
is organized or chartered under State or local laws;
(B)
has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual;
(C)
complies with standards of financial accountability acceptable to the Secretary; and
(D)
has among its principal purposes significant activities related to the provision of decent housing that is affordable to very low-, low-, and moderate-income families.
(7)
The term “owner” means the current or subsequent owner or owners of eligible low-income housing.
(8)
The term “preservation equity” means, for any eligible low-income housing—
11 So in original. Probably should be “sections”.22 See References in Text note below. for purposes of determining incentives under section 4110 and 4111 of this title and determining the amount of an acquisition loan under the provisions of section 1715z–6(f)(3) of this title—
the outstanding balance of the federally-assisted mortgage or mortgages for the housing.
(9)
section 4103(b) of this title The term “preservation value” means, for any eligible low-income housing, the applicable value determined under paragraph (1) or (2) of .
(10)
The term “Secretary” means the Secretary of Housing and Urban Development.
(11)
The term “resident council” means any incorporated nonprofit organization or association that—
(A)
is representative of the residents of the housing;
(B)
adopts written procedures providing for the election of officers on a regular basis; and
(C)
has a democratically elected governing board, elected by the residents of the housing.
Pub. L. 103–327Pub. L. 103–327Amendment by is based on section 601(e) of title VI of S. 2281, One Hundred Third Congress, as reported , which was enacted into law by .
Amendments
Pub. L. 103–3271994—Par. (4). temporarily amended par. (4) to read as follows:
“(4)(A) The term ‘low-income tenants’ means families or persons with incomes that exceed 50 percent of the median income for the area (as determined by the Secretary with adjustments for family size) but do not exceed 80 percent of the median income for the area (as determined by the Secretary with adjustments for family size).
“(B) The term ‘very low-income tenants’ means families or persons with incomes that are less than or equal to 50 percent of the median income for the area (as determined by the Secretary with adjustments for family size).” See Effective and Termination Dates of 1994 Amendment note below.