Title 25IndiansRelease 119-73

§4228 Affordable housing activities

Title 25 › Chapter CHAPTER 43— - NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION › Subchapter SUBCHAPTER VIII— - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS › § 4228

Last updated Apr 6, 2026|Official source

Summary

Creates national goals to support low-income Native Hawaiian families in getting safe, healthy, affordable housing. It aims to help build, keep, and run housing; improve access to private mortgages and self-sufficiency; link housing with federal, state, and local community and economic efforts; plan infrastructure on the Hawaiian Home Lands with housing; and promote private capital markets so they grow and help Native Hawaiian communities. Limits assistance mostly to low-income Native Hawaiian families. The Director may still help non‑low‑income Native Hawaiian families for homeownership under section 4229(b), for model activities under section 4229(f), or for loan guarantees under 12 U.S.C. 1715z–13b if the Secretary approves because the need cannot be met otherwise, and the Secretary must set limits on such help. The Director may allow a non‑Native family into assisted housing only if the Department finds their presence is essential to Native Hawaiian families and their housing need cannot be met otherwise. A housing plan under section 4223 may give preference to families eligible for the Hawaiian Home Lands, and the Director must follow that preference. As a condition of getting grants, the Department of Hawaiian Home Lands must, when possible, have experienced private nonprofits carry out the affordable housing work.

Full Legal Text

Title 25, §4228

Indians — Source: USLM XML via OLRC

(a)(1)The national objectives of this subchapter are—
(A)to assist and promote affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy environments for occupancy by low-income Native Hawaiian families;
(B)to ensure better access to private mortgage markets and to promote self-sufficiency of low-income Native Hawaiian families;
(C)to coordinate activities to provide housing for low-income Native Hawaiian families with Federal, State, and local activities to further economic and community development;
(D)to plan for and integrate infrastructure resources on the Hawaiian Home Lands with housing development; and
(E)to—
(i)promote the development of private capital markets; and
(ii)allow the markets referred to in clause (i) to operate and grow, thereby benefiting Native Hawaiian communities.
(2)(A)Except as provided under subparagraph (B), assistance for eligible housing activities under this subchapter shall be limited to low-income Native Hawaiian families.
(B)(i)The Director may provide assistance for homeownership activities under—
(I)section 4229(b) of this title;
(II)model activities under section 4229(f) of this title; or
(III)loan guarantee activities under section 1715z–13b of title 12 to Native Hawaiian families who are not low-income families, to the extent that the Secretary approves the activities under that section to address a need for housing for those families that cannot be reasonably met without that assistance.
(ii)The Secretary shall establish limitations on the amount of assistance that may be provided under this subchapter for activities for families that are not low-income families.
(C)Notwithstanding paragraph (1), the Director may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this subchapter to a family that is not composed of Native Hawaiians if—
(i)the Department determines that the presence of the family in the housing involved is essential to the well-being of Native Hawaiian families; and
(ii)the need for housing for the family cannot be reasonably met without the assistance.
(D)(i)A housing plan submitted under section 4223 of this title may authorize a preference, for housing or housing assistance provided through affordable housing activities assisted with grant amounts provided under this subchapter to be provided, to the extent practicable, to families that are eligible to reside on the Hawaiian Home Lands.
(ii)In any case in which a housing plan provides for preference described in clause (i), the Director shall ensure that housing activities that are assisted with grant amounts under this subchapter are subject to that preference.
(E)As a condition of receiving grant amounts under this subchapter, the Department of Hawaiian Home Lands, shall to the extent practicable, provide for private nonprofit organizations experienced in the planning and development of affordable housing for Native Hawaiians to carry out affordable housing activities with those grant amounts.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical section 809 of Pub. L. 104–330. This section is based on the text of section 809 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.

Reference

Citations & Metadata

Citation

25 U.S.C. § 4228

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73