Title 12Banks and BankingRelease 119-73

§4117 Delegated responsibility to State agencies

Title 12 › Chapter CHAPTER 42— - LOW-INCOME HOUSING PRESERVATION AND RESIDENT HOMEOWNERSHIP › Subchapter SUBCHAPTER I— - PREPAYMENT OF MORTGAGES INSURED UNDER NATIONAL HOUSING ACT › § 4117

Last updated Apr 6, 2026|Official source

Summary

The Secretary must give a State housing agency some or all of the job of running this part of the law if the State sends a preservation plan the Secretary accepts. This is in addition to any duties already given under section 4103(c). The Secretary will decide how plans must be submitted. Approved plans can include things like an inventory of low‑income housing that will be eligible within 5 years; the agency’s experience with multifamily financing and restructuring; the staff and other resources it will use to process and monitor action plans; an independent review of housing performance; a certification that the activities match the State’s approved housing strategy under section 12705 of title 42; and any other information the Secretary needs. The Secretary may make agreements, including allowed incentives, to carry out an approved plan.

Full Legal Text

Title 12, §4117

Banks and Banking — Source: USLM XML via OLRC

(a)In addition to any responsibilities delegated under section 4103(c) of this title, the Secretary shall delegate some or all responsibility for implementing this subchapter to a State housing agency if such agency submits a preservation plan acceptable to the Secretary.
(b)State preservation plans shall be submitted in such form and in accordance with such procedures as the Secretary shall establish. The Secretary may approve plans that contain—
(1)an inventory of low-income housing located within the State that is or will be eligible low-income housing under this subchapter within 5 years;
(2)a description of the agency’s experience in the area of multifamily financing and restructuring;
(3)a description of the administrative resources that the agency will commit to the processing of plans of action in accordance with this subchapter;
(4)a description of the administrative resources that the agency will commit to the monitoring of approved plans of action in accordance with this subchapter;
(5)an independent analysis of the performance of the multifamily housing inventory financed or otherwise monitored by the agency;
(6)a certification by the public official responsible for submitting the comprehensive housing affordability strategy under section 12705 of title 42 that the proposed activities are consistent with the approved housing strategy of the State within which the eligible low-income housing is located; and
(7)such other certifications or information that the Secretary determines to be necessary or appropriate to achieve the purposes of this subchapter.
(c)The Secretary may enter into any agreements necessary to implement an approved State preservation plan, which may include incentives that are authorized under other provisions of this subchapter.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 102–550, title III, § 315, Oct. 28, 1992, 106 Stat. 3770, provided that: “The Secretary of Housing and Urban Development shall issue interim

Regulations

implementing section 227 of the Housing and Community Development Act of 1987 (as amended by section 601(a) of the Cranston-Gonzalez National Affordable Housing Act) [12 U.S.C. 4117] not later than the expiration of the 30-day period beginning on the date of the enactment of this Act [Oct. 28, 1992], which shall take effect upon issuance. The Secretary shall issue final

Regulations

implementing such section 227 after notice and opportunity for public comment regarding the interim

Regulations

, pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). The duration of the period for public comment shall not be less than 60 days, and the final

Regulations

shall be issued not later than the expiration of the 60-day period beginning upon the conclusion of the comment period and shall take effect upon issuance.”

Reference

Citations & Metadata

Citation

12 U.S.C. § 4117

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73