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Title 12 — Banks and BankingRelease 119-73

§4106 Information from Secretary

Title 12 › Chapter CHAPTER 42— - LOW-INCOME HOUSING PRESERVATION AND RESIDENT HOMEOWNERSHIP › Subchapter SUBCHAPTER I— - PREPAYMENT OF MORTGAGES INSURED UNDER NATIONAL HOUSING ACT › § 4106

Last updated Apr 6, 2026|Official source

Summary

The Secretary must give owners who say they want to end the low-income rules for their housing the needed information within 6 months of getting the owner’s notice. The Secretary must give owners who say they want to extend the low-income rules or sell the housing to a qualified buyer the needed information within 9 months. That information includes the housing’s preservation value, the preservation rent, the federal cost limits for the area, and whether the preservation rents are higher than those cost limits. The Secretary must also share the same information with the tenants and tell them about their rights and options. If an owner chooses to sell, or wants to prepay the mortgage or end mortgage insurance when preservation rents are over the federal cost limits, the owner must file a notice in the form the Secretary requires. The owner must file a second notice within 30 days after getting the Secretary’s information or the first notice becomes void. When the owner files the second notice, they must also give a copy to the state or local chief executive, to the mortgagee, and tell the tenants.

Full Legal Text

Title 12, §4106

Banks and Banking — Source: USLM XML via OLRC

(a)The Secretary shall provide each owner who submits a notice of intent to terminate the low-income affordability restrictions on the housing under section 4108 of this title with information under this section not later than 6 months after receipt of the notice of intent. The information shall include a description of the criteria for such termination specified under section 4108 of this title and the documentation required to satisfy such criteria.
(b)The Secretary shall provide each owner who submits notice of intent to extend the low-income affordability restrictions on the housing under section 4109 of this title or transfer the housing under section 4110 of this title to a qualified purchaser with information under this subsection not later than 9 months after receipt of the notice of intent. The information shall include any information necessary for the owner to prepare a plan of action under section 4107 of this title, including the following:
(1)A statement of the preservation value of the housing determined under paragraphs (1) and (2) of section 4103(b) of this title.
(2)A statement of the preservation rent for the housing as calculated under section 4104(b) of this title.
(3)A statement of the applicable Federal cost limits for the market area (or relevant local market area, if applicable) in which the housing is located, which shall explain the limitations under section 4109 and 4110 of this title of the amount of assistance that the Secretary may provide based on such cost limits.
(4)A statement of whether the aggregate preservation rents exceed the Federal cost limits and a direction to the owner to file a plan of action under section 4107 of this title or submit a second notice of intent under subsection (d), whichever is applicable.
(c)The Secretary shall make any information provided to the owner under subsections (a) and (b) available to the tenants of the housing, together with other information relating to the rights and opportunities of the tenants.
(d)(1)Each owner of eligible low-income housing that elects to transfer housing under section 4110 of this title shall submit to the Secretary, in such form and manner as the Secretary prescribes, notice of intent to sell the housing under section 4110 of this title. To be eligible to prepay the mortgage or voluntarily terminate the insurance contract on the mortgage, an owner of housing for which the preservation rents exceed the Federal cost limits under section 4105(b) of this title shall submit to the Secretary notice of such intent. The provisions of section 4111 and 4113 of this title shall apply to any owner submitting a notice under the preceding sentence.
(2)A second notice of intent under this subsection shall be submitted not later than 30 days after receipt of information from the Secretary under this section. If an owner fails to submit such notice within such period, the notice of intent submitted by the owner under section 4102 of this title shall be void and ineffective for purposes of this subchapter.
(3)Upon filing a second notice of intent under this subsection, the owner shall simultaneously file such notice of the intent with the chief executive officer of the appropriate State or local government for the jurisdiction within which the housing is located and with the mortgagee, and shall inform the tenants of the housing of the filing.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (b)(4). Pub. L. 102–550, § 317(a)(2), substituted “exceed” for “exceeds”. Subsec. (d)(3). Pub. L. 102–550, § 303, added par. (3).

Reference

Citations & Metadata

Citation

12 U.S.C. § 4106

Title 12 — Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73