§4108 — Title 12 Banks and Banking | U.S. Code

Summary

The Secretary may approve a plan to end the low-income rent rules for a property only if there is a written finding that the plan will not make current tenants much worse off or forcibly move them without good reason, and that there is enough empty, similar housing nearby so the change won’t hurt low-income people. The rules limit rent changes so no current tenant’s rent goes above 30 percent of their adjusted monthly income and no tenant’s rent rises more than 10 percent in a year (or, for someone already paying more, no more than the rise in the Consumer Price Index or 10 percent, whichever is lower). When checking displacement, the Secretary must ignore whether federal housing aid could fix the problem. The Secretary must base the written finding on documented evidence and must make rules saying how to decide, what proof to use, and the criteria to apply. If a plan fails these tests, the Secretary must reject it, the owner’s prior notice is not effective, and the owner can file a new notice to try again.

Title 12, §4108

Banks and Banking — Source: USLM XML via OLRC

(a)The Secretary may approve a plan of action that provides for termination of the low-income affordability restrictions through prepayment of the mortgage or voluntary termination of the mortgage insurance contract only upon a written finding that—

(1)implementation of the plan of action will not—

(A)materially increase economic hardship for current tenants, and will not in any event result in (i) a monthly rental payment by any current tenant that exceeds 30 percent of the monthly adjusted income of the tenant or an increase in the monthly rental payment in any year that exceeds 10 percent (whichever is lower), or (ii) in the case of a current tenant who already pays more than such percentage, an increase in the monthly rental payment in any year that exceeds the increase in the Consumer Price Index or 10 percent (whichever is lower); or

(B)involuntarily displace current tenants (except for good cause) where comparable and affordable housing is not readily available determined without regard to the availability of Federal housing assistance that would address any such hardship or involuntary displacement; and

(2)the supply of vacant, comparable housing is sufficient to ensure that such prepayment will not materially affect—

(A)the availability of decent, safe, and sanitary housing affordable to low-income and very low-income families or persons in the area that the housing could reasonably be expected to serve;

(B)the ability of low-income and very low-income families or persons to find affordable, decent, safe, and sanitary housing near employment opportunities; or

(C)the housing opportunities of minorities in the community within which the housing is located.

(b)(1)A written finding under subsection (a) shall be based on an analysis of the evidence considered by the Secretary in reaching such finding and shall contain documentation of such evidence.

(2)The Secretary shall, by regulation, develop (A) a procedure for determining whether the conditions under paragraphs (1) and (2) of subsection (a) exist, (B) requirements for evidence on which such determinations are based, and (C) criteria on which such determinations are based.

(c)If the Secretary determines a plan of action to prepay a mortgage or terminate an insurance contract fails to meet the requirements of subsection (a), the Secretary shall disapprove the plan, the notice of intent filed under section 4102 of this title by such owner shall not be effective for purposes of this subchapter, and the owner may, in order to receive incentives under this subchapter, file a new notice of intent under such section.

Editorial Notes

Amendments

1992—Subsecs. (b), (c). Pub. L. 102–550 added subsec. (b) and redesignated former subsec. (b) as (c).

§4108 Prepayment and voluntary termination

Summary

Title 12, §4108

Notes & Related Subsidiaries

Editorial Notes

Amendments

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