Title 38Veterans' BenefitsRelease 119-73

§3704 Restrictions on loans

Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 37— - HOUSING AND SMALL BUSINESS LOANS › Subchapter SUBCHAPTER I— - GENERAL › § 3704

Last updated Apr 6, 2026|Official source

Summary

Loans for buying or building homes with VA help must meet the Secretary of Veterans Affairs’ rules for planning, construction, and general acceptability. An exception is a purchase loan for a house that was finished more than one year before the loan. The Secretary can refuse to appraise homes or projects owned or run by people who have sold defective housing to veterans, failed to meet contracts with veterans, used unfair marketing, or who have been barred from federal housing programs by the Secretary of Housing and Urban Development. New homes whose construction began after the energy-efficiency rules in section 109 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12709), as changed by section 101(c) of the Energy Policy Act of 1992, must meet those standards to get VA financing. Loans covered by section 3714 must include a clause saying the loan is due right away if the property is transferred, unless an assumption is approved under section 3714. Veterans must certify they will live in the home when they apply and when the loan closes. For repair or improvement loans, they must certify they already live there at those times. For automatic VA guarantees, certification is only required at closing. If a veteran is on active duty and cannot live there, the spouse or a dependent child (with the proper legal representative) may make the required certification. The Secretary may refuse to guarantee or insure loans from lenders who don’t keep proper records, can’t service loans, show poor credit judgment, or act willfully or negligently in ways that harm veterans or the government, but the Secretary must still pay valid claims on loans already made in good faith.

Full Legal Text

Title 38, §3704

Veterans' Benefits — Source: USLM XML via OLRC

(a)No loan for the purchase or construction of residential property shall be financed through the assistance of this chapter unless the property meets or exceeds minimum requirements for planning, construction, and general acceptability prescribed by the Secretary; however, this subsection shall not apply to a loan for the purchase of residential property on which construction is fully completed more than one year before such loan is made.
(b)Subject to notice and opportunity for a hearing, the Secretary may refuse to appraise any dwelling or housing project owned, sponsored, or to be constructed by any person identified with housing previously sold to veterans under this chapter as to which substantial deficiencies have been discovered, or as to which there has been a failure or indicated inability to discharge contractual liabilities to veterans, or as to which it is ascertained that the type of contract of sale or the methods or practices pursued in relation to the marketing of such properties were unfair or unduly prejudicial to veteran purchasers. The Secretary may also refuse to appraise any dwelling or housing project owned, sponsored, or to be constructed by any person refused the benefits of participation under the National Housing Act pursuant to a determination of the Secretary of Housing and Urban Development.
(c)(1)Except as provided in paragraph (2) of this subsection, no loan for the purchase or construction of residential property shall be financed through the assistance of this chapter unless the veteran applicant, at the time that the veteran applies for the loan, and also at the time that the loan is closed, certifies in such form as the Secretary may require, that the veteran intends to occupy the property as the veteran’s home. Except as provided in paragraph (2) of this subsection, no loan for the repair, alteration, or improvement of residential property shall be financed through the assistance of the provisions of this chapter unless the veteran applicant, at the time that the veteran applies to the lender for the loan, and also at the time that the loan is closed, certifies, in such form as may be required by the Secretary, that the veteran occupies the property as the veteran’s home. Notwithstanding the foregoing provisions of this subsection, in the case of a loan automatically guaranteed under this chapter, the veteran shall be required to make the certification only at the time the loan is closed. For the purposes of this chapter the requirement that the veteran recipient of a guaranteed or direct home loan must occupy or intend to occupy the property as the veteran’s home means that the veteran as of the date of the veteran’s certification actually lives in the property personally as the veteran’s residence or actually intends upon completion of the loan and acquisition of the dwelling unit to move into the property personally within a reasonable time and to utilize such property as the veteran’s residence. Notwithstanding the foregoing requirements of this subsection, the provisions for certification by the veteran at the time the veteran applies for the loan and at the time the loan is closed shall be considered to be satisfied if the Secretary finds that (1) in the case of a loan for repair, alteration, or improvement the veteran in fact did occupy the property at such times, or (2) in the case of a loan for construction or purchase the veteran intended to occupy the property as the veteran’s home at such times and the veteran did in fact so occupy it when, or within a reasonable time after, the loan was closed.
(2)In any case in which a veteran is in active-duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of this chapter shall be considered to be satisfied if—
(A)the spouse of the veteran occupies or intends to occupy the property as a home and the spouse makes the certification required by paragraph (1) of this subsection; or
(B)a dependent child of the veteran occupies or will occupy the property as a home and the veteran’s attorney-in-fact or legal guardian of the dependent child makes the certification required by paragraph (1) of this subsection.
(d)Subject to notice and opportunity for a hearing, whenever the Secretary finds with respect to guaranteed or insured loans that any lender or holder has failed to maintain adequate loan accounting records, or to demonstrate proper ability to service loans adequately or to exercise proper credit judgment or has willfully or negligently engaged in practices otherwise detrimental to the interest of veterans or of the Government, the Secretary may refuse either temporarily or permanently to guarantee or insure any loans made by such lender or holder and may bar such lender or holder from acquiring loans guaranteed or insured under this chapter; however, the Secretary shall not refuse to pay a guaranty or insurance claim on loans theretofore entered into in good faith between a veteran and such lender. The Secretary may also refuse either temporarily or permanently to guarantee or insure any loans made by a lender or holder refused the benefits of participation under the National Housing Act pursuant to a determination of the Secretary of Housing and Urban Development.
(e)Any housing loan which is financed through the assistance of this chapter and to which section 3714 of this chapter applies shall include a provision that the loan is immediately due and payable upon transfer of the property securing such loan to any transferee unless the acceptability of the assumption of the loan is established pursuant to such section 3714.
(f)A loan for the purchase or construction of new residential property, the construction of which began after the energy efficiency standards under section 109 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12709), as amended by section 101(c) of the Energy Policy Act of 1992, take effect, may not be financed through the assistance of this chapter unless the new residential property is constructed in compliance with the standards established under such section 109, as in effect on the date of such construction.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Housing Act, referred to in subsecs. (b) and (d), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.

Amendments

2022—Subsec. (f). Pub. L. 117–328 substituted “the standards established under such section 109, as in effect on the date of such

Construction

” for “such standards”. 2012—Subsec. (c)(2). Pub. L. 112–154 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “In any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of— “(A) paragraph (1) of this subsection; “(B) paragraphs (1) through (5) and paragraph (7) of section 3710(a) of this title; “(C) section 3712(a)(5)(A)(i) of this title; and “(D) section 3712(e)(5) of this title; shall be considered to be satisfied if the spouse of the veteran occupies the property as the spouse’s home and the spouse makes the certification required by paragraph (1) of this subsection.” 1994—Subsecs. (e) to (g). Pub. L. 103–446 redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which read as follows: “No loan for the purchase or

Construction

of new residential property (other than property served by a water and sewerage system approved by the Secretary of Housing and Urban Development pursuant to title X of the National Housing Act (12 U.S.C. 1749aa et seq.)) shall be financed through the assistance of this chapter, except pursuant to a commitment made prior to
August 10, 1965, if such property is not served by a public or adequate community water and sewerage system and is located in an area where the appropriate local officials certify that the establishment of such systems is economically feasible. For purposes of this subsection, the economic feasibility of establishing public or adequate community water and sewerage systems shall be determined without regard to whether such establishment is authorized by law or is subject to approval by one or more local governments or public bodies.” 1992—Subsec. (g). Pub. L. 102–486 added subsec. (g). 1991—Pub. L. 102–83, § 5(a), renumbered section 1804 of this title as this section. Subsec. (c)(2). Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)” in subpar. (B), “3712(a)(5)(A)(i)” for “1812(a)(5)(A)(i)” in subpar. (C), and “3712(e)(5)” for “1812(e)(5)” in subpar. (D). Subsec. (f). Pub. L. 102–83, § 5(c)(1), substituted “3714” for “1814” in two places. 1989—Subsecs. (a) to (c)(1), (d). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing. 1988—Subsec. (c)(2)(C). Pub. L. 100–322, § 415(c)(3)(A), substituted “1812(a)(5)(A)(i)” for “1819(a)(5)(A)(i)”. Subsec. (c)(2)(D). Pub. L. 100–322, § 415(c)(3)(b), substituted “1812(e)(5)” for “1819(e)(5)”. Subsec. (f). Pub. L. 100–322, § 415(c)(3)(C), substituted “section 1814” for “section 1817A” in two places. 1987—Subsec. (c). Pub. L. 100–198, § 8(a), designated existing provision as par. (1), substituted “Except as provided in paragraph (2) of this subsection, no” for “No” in first and second sentences, and added par. (2). Subsec. (f). Pub. L. 100–198, § 10(b), added subsec. (f). 1982—Subsec. (e). Pub. L. 97–295 inserted “(12 U.S.C. 1749aa et seq.)” after “the National Housing Act”, and substituted “
August 10, 1965” for “the date of the enactment of the Housing and Urban Development Act of 1965”. 1976—Subsec. (c). Pub. L. 94–324, § 7(7), substituted “the veteran” for “he” in six places and “the veteran’s” for “his” wherever appearing. Subsec. (d). Pub. L. 94–324, § 7(8), substituted “the Administrator may” for “he may”. 1974—Subsec. (b). Pub. L. 93–569, § 2(e), struck out “under section 512 of that Act” after “determination of the Secretary of Housing and Urban Development”. Subsec. (c). Pub. L. 93–569, § 2(d), inserted provision that, the foregoing provisions notwithstanding, in the case of an automatically guaranteed loan, the veteran is required to make certification only at the time of loan closing. Subsec. (d). Pub. L. 93–569, § 2(e), struck out “under section 512 of that Act” after “determination of the Secretary of Housing and Urban Development”. 1970—Subsec. (b). Pub. L. 91–506 substituted “Subject to notice and opportunity for a hearing, the” for “The”. Subsec. (d). Pub. L. 91–506 substituted “Subject to notice and opportunity for a hearing, whenever” for “Whenever”. 1967—Subsecs. (b), (d), (e). Pub. L. 90–19 substituted “Secretary of Housing and Urban Development” for “Federal Housing Commissioner”. 1965—Subsec. (e). Pub. L. 89–117 added subsec. (e). 1960—Subsec. (c). Pub. L. 86–665 inserted sentence respecting satisfaction of provisions for certification by the veteran at the time he applies for the loan and at the time the loan is closed. 1959—Subsec. (b). Pub. L. 86–73, § 3(a), authorized the Administrator to refuse to appraise any property if the builder or sponsor of the property had been barred by the Federal Housing Commissioner from participation in the FHA insurance program. Subsec. (d). Pub. L. 86–73, § 3(b), authorized the Administrator to refuse to guarantee or insure loans if the lender or holder of the loans has been barred by the Federal Housing Commissioner from participation in the FHA insurance program.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 Amendment Pub. L. 100–198, § 8(c), Dec. 21, 1987, 101 Stat. 1320, provided that: “The

Amendments

made by this section [amending this section and section 1810 and 1819 [now 3710 and 3712] of this title] shall apply with respect to loans made more than 30 days after the date of the enactment of this Act [Dec. 21, 1987].”

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–324 effective June 30, 1976, see section 9(a) of Pub. L. 94–324, set out as a note under section 3701 of this title.

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–569 effective Dec. 31, 1974, see section 10 of Pub. L. 93–569, set out as a note under section 3702 of this title.

Reference

Citations & Metadata

Citation

38 U.S.C. § 3704

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73