Title 42The Public Health and WelfareRelease 119-73

§1490l Processing of applications

Title 42 › Chapter CHAPTER 8A— - SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING › Subchapter SUBCHAPTER III— - FARM HOUSING › § 1490l

Last updated Apr 6, 2026|Official source

Summary

The Secretary must give priority to certain applications when awarding housing help under this law. Priority goes to people and families with the greatest housing needs because they are very low income and live in poor housing, to projects that will serve those people, and to applicants who live in the most rural areas. For help tied to insured or guaranteed loans, interest credits, or rental payments under sections 1483 and 1490a(a), the Secretary must make a preliminary reservation of assistance when a project is first approved. For rental help under section 1485, the Secretary must use a clear, objective method to pick counties and communities with the greatest need. The decision will use measures such as poverty rates; lack of affordable or decent housing; lack of mortgage credit; how rural the area is; and other factors the Secretary finds relevant. The Secretary must use the most recent decennial census, housing plans under section 12705, and other reliable data. A designation lasts no more than 3 years but can be renewed, and the Secretary must reasonably notify the public of these designations.

Full Legal Text

Title 42, §1490l

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Except as otherwise provided in subsection (c), the Secretary shall, in making assistance available under this subchapter, give a priority to applications submitted by—
(1)persons and families that have the greatest housing assistance needs because of their low income and their residing in inadequate dwellings;
(2)applicants applying for assistance for projects that will serve such persons and families; and
(3)applicants residing in areas which are the most rural in character.
(b)In making available the assistance authorized by section 1483 of this title and section 1490a(a) of this title with respect to projects involving insured and guaranteed loans and interest credits and rental assistance payments, the Secretary shall process and approve requests for such assistance in a manner that provides for a preliminary reservation of assistance at the time of initial approval of the project.
(c)(1)The Secretary shall make assistance under section 1485 of this title available pursuant to an objective procedure established by the Secretary, under which the Secretary shall identify counties and communities having the greatest need for such assistance and designate such counties and communities to receive such assistance.
(2)The Secretary shall use the following objective measures to determine the need for rental housing assistance under paragraph (1):
(A)The incidence of poverty.
(B)The lack of affordable housing and the existence of substandard housing.
(C)The lack of mortgage credit.
(D)The rural characteristics of the location.
(E)Other factors as determined by the Secretary, demonstrating the need for affordable housing.
(3)In administering this subsection, the Secretary shall use information from the most recent decennial census of the United States, relevant comprehensive affordable housing strategies under section 12705 of this title, and other reliable sources obtained by the Secretary which demonstrate the need for affordable housing in rural areas.
(4)A designation under this subsection shall not be effective for a period of more than 3 years, but may be renewed by the Secretary in accordance with the procedure set forth in this subsection. The Secretary shall take such other reasonable actions as the Secretary considers to be appropriate to notify the public of such designations.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–180, § 734(f)(1), substituted “Except as otherwise provided in subsection (c), the Secretary” for “The Secretary” in introductory provisions. Subsec. (c). Pub. L. 104–180, § 734(f)(2), added subsec. (c).

Reference

Citations & Metadata

Citation

42 U.S.C. § 1490l

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73