Title 42The Public Health and WelfareRelease 119-73

§2348 Priority sale of apartment houses

Title 42 › Chapter CHAPTER 24— - DISPOSAL OF ATOMIC ENERGY COMMUNITIES › Subchapter SUBCHAPTER IV— - SALES OF PROPERTY FOR PRIVATE USE › § 2348

Last updated Apr 6, 2026|Official source

Summary

Lets the Los Alamos Commission give people who live there, work on the project, or who lived in the community when an apartment building is offered (and for the six months before) special first chances to buy those buildings. A first-priority can only go to an occupant or group of occupants (or an assignee made up of those people) that represent at least 60% of the building’s occupants. A second-priority can only go to an entity made up of those people that has at least one occupant’s interest and whose members equal and will occupy at least 70% of the units. The 15% deduction in section 2325(a), the deduction in section 2326(d), the financing rules in section 2362, and the indemnity rules in sections 2363–2366 apply. Priority interests may be transferred as the Commission allows, but priority purchase rights can be transferred only as section 2333 permits. If an occupant does not join a purchase, they can get a lease up to 15 months from the first offer date if they apply within 30 days after the priority is granted. The Commission can have the buyer take on the lessor’s duties and will guarantee the lessee’s lease performance. People who already bought a single-family or duplex under a priority right at Los Alamos cannot take part in the apartment-house priority. The Commission can make other rules for who qualifies.

Full Legal Text

Title 42, §2348

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

(a)The Commission is authorized at Los Alamos to grant to occupants project-connected persons, and persons residing in the community both at the time of offering of an apartment house for sale and for the preceding six months, and to any of the foregoing persons acting together, such priority interests and priority rights for the purchase of the apartment house as the Commission determines to be fair and reasonable: Provided, That a first priority right to purchase may be granted only to an occupant or a group of occupants, or an assignee (whose membership or ownership is composed of occupants, or project-connected persons, or persons residing in the community both at the time of offering of an apartment house for sale and for the preceding six months, or any of the foregoing persons) of the priority interests of such occupants, who or which has obtained the priority interest of at least 60 per centum of the occupants of the apartment house: Provided further, That a second priority right to purchase may be granted only to an entity whose membership or ownership consists of occupants, or project-connected persons, or persons residing in the community both at the time of offering of an apartment house for sale and for the preceding six months, or any of the foregoing persons (provided that such entity has obtained the priority interest of at least one occupant), and whose membership or ownership equals in number, and occupies or agrees to occupy, at least 70 per centum of the housing units in the apartment house. The 15 per centum deduction specified by section 2325(a) of this title, the deduction provided by section 2326(d) of this title, the financing provisions of section 2362 of this title, and the indemnity provided by sections 2363 to 2366 of this title shall be applicable to such priority sales of apartment houses. Priority interests granted by the Commission under this section shall be transferable as the Commission may by rule or regulation prescribe, but no priority right to purchase shall be transferred except as provided by section 2333 of this title.
(b)Any occupant who does not participate in the purchase of an apartment house with respect to which a priority right to purchase has been granted shall be entitled, at the time of sale by the Commission, to a lease for occupancy of his housing unit for a period not to exceed fifteen months from the date the property was first offered for sale: Provided, That the occupant makes application for such a lease within 30 days of the grant of such priority to purchase. In selling any apartment house with respect to which lease executed under this section is in effect, the Commission is authorized to provide for the purchaser to assume any or all obligations of the lessor. The Commission in such event shall guarantee the lessee’s performance of the lease.
(c)Persons who have purchased, either individually or jointly with other persons, a single-family house or duplex house (or a single-family unit in a duplex house) at Los Alamos pursuant to a priority right under this chapter shall not be eligible to participate in the priority purchase of an apartment house.
(d)The Commission is authorized to prescribe by rule or regulation such other conditions as it may find necessary or desirable for qualification of priority interests and rights for the purchase of an apartment house.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1967—Pub. L. 90–190 redesignated existing provisions as subsec. (a), inserted reference to Los Alamos, increased the types of grantees eligible to purchase apartment houses from cooperatives, the entire membership of which is restricted to project-connected persons, inserted provisos which altered the priority right to purchase such apartment houses so as to create a first priority and second priority in lieu of the provision that the priority with respect to each cooperative shall terminate within such time as the Commission may prescribe if the cooperative has not obtained 100 per centum initial membership consisting of project-connected persons, struck out definition of “cooperative” as used in this section as a corporation or a trust of the character described in section 1715e(a)(1) of title 12, and added subsecs. (b) to (d).

Statutory Notes and Related Subsidiaries

Transfer of Functions

Atomic Energy Commission abolished and functions transferred by section 5814 and 5841 of this title. See also

Transfer of Functions

notes set out under those sections.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2348

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73