12 U.S.C. § 1715z–11a: Disposition of…

Summary

HUD can manage and sell apartment buildings and other housing it owns starting in fiscal year 1997. HUD can also give loans and grants from the General Insurance Fund to pay for rehab, demolition, or construction on those properties for fiscal years 1997, 1998, 1999, 2000, and later. Any grants given in fiscal years 2006 through 2010 must have money approved by Congress first and cannot come from the General Insurance Fund. HUD must offer certain empty or run-down properties to the local city or county government or to nonprofit community development corporations that work in that area, but only if those local groups agree and HUD finds the transfer practical. A property must normally sit at least 6 months after HUD bought it or after it was called empty or substandard to be eligible. HUD will set deadlines, tell local governments and nonprofits about eligible properties, let them say they want the property, and give them a first chance to buy. Single-family properties can be offered to local governments for $1 if that price does not cost the federal government more than other disposal methods. Nonprofits must buy on a cost-recovery basis (price equals appraised value plus HUD’s costs). HUD must cancel any debt on a property before transferring it. Existing leases stay in force. Transferred property must be used for neighborhood revitalization (like homes, rentals, shops, or parks) and follow local rules. HUD had to check its properties when the law passed on December 21, 2000, when it buys new properties, and from time to time afterward, and it had to issue interim rules within 30 days and final rules within 60 days after December 21, 2000. Definitions (one line each): community development corporation = nonprofit that builds housing for low-income families; cost recovery = sale price equals appraised value plus HUD costs; multifamily housing = defined elsewhere; residential property = multifamily or single-family; Secretary = HUD Secretary; severe physical problems = major habitability failures like no plumbing, heating, electricity, unsafe common areas, or big leaks and pests; single-family = 1–4 unit home; substandard = 25% or more of units have severe problems; unit of general local government = defined in federal law; unoccupied = local government certified in writing.

Title 12, §1715z–11a

Banks and Banking, Source: USLM XML via OLRC

(a)Flexible authority for multifamily projects

During fiscal year 1997 and fiscal years thereafter, the Secretary may manage and dispose of multifamily properties owned by the Secretary, including, for fiscal years 1997, 1998, 1999, 2000, and thereafter, the provision of grants and loans from the General Insurance Fund (12 U.S.C. 1735c) for the necessary costs of rehabilitation, demolition, or construction on the properties (which shall be eligible whether vacant or occupied), and multifamily mortgages held by the Secretary on such terms and conditions as the Secretary may determine, notwithstanding any other provision of law. A grant provided under this subsection during fiscal years 2006 through 2010 shall be available only to the extent that appropriations are made in advance for such purposes and shall not be derived from the General Insurance Fund.

(b)Transfer of unoccupied and substandard housing to local governments and community development corporations

(1)Transfer authority

Notwithstanding the authority under subsection (a) and the last sentence of section 1710(g) of this title, the Secretary of Housing and Urban Development shall transfer ownership of any qualified HUD property, subject to the requirements of this section, to a unit of general local government having jurisdiction for the area in which the property is located or to a community development corporation which operates within such a unit of general local government in accordance with this subsection, but only to the extent that units of general local government and community development corporations consent to transfer and the Secretary determines that such transfer is practicable.

(2)Qualified HUD properties

For purposes of this subsection, the term “qualified HUD property” means any property for which, as of the date that notification of the property is first made under paragraph (3)(B), not less than 6 months have elapsed since the later of the date that the property was acquired by the Secretary or the date that the property was determined to be unoccupied or substandard, that is owned by the Secretary and is—

(A)an unoccupied multifamily housing project;

(B)a substandard multifamily housing project; or

(C)an unoccupied single family property that—

(i)has been determined by the Secretary not to be an eligible asset under section 1710(h) of this title; or

(ii)is an eligible asset under such section 1710(h) of this title, but—

(I)is not subject to a specific sale agreement under such section; and

(II)has been determined by the Secretary to be inappropriate for continued inclusion in the program under such section 1710(h) of this title pursuant to paragraph (10) of such section.

(3)Timing

The Secretary shall establish procedures that provide for— (A)

(B)notification to units of general local government and community development corporations of qualified HUD properties in their jurisdictions;

(C)such units and corporations to express interest in the transfer under this subsection of such properties;

(D)a right of first refusal for transfer of qualified HUD properties to units of general local government and community development corporations, under which—

(i)the Secretary shall establish a period during which the Secretary may not transfer such properties except to such units and corporations;

(ii)the Secretary shall offer qualified HUD properties that are single family properties for purchase by units of general local government at a cost of $1 for each property, but only to the extent that the costs to the Federal Government of disposal at such price do not exceed the costs to the Federal Government of disposing of property subject to the procedures for single family property established by the Secretary pursuant to the authority under the last sentence of section 1710(g) of this title;

(iii)the Secretary may accept an offer to purchase a property made by a community development corporation only if the offer provides for purchase on a cost recovery basis; and

(iv)the Secretary shall accept an offer to purchase such a property that is made during such period by such a unit or corporation and that complies with the requirements of this paragraph; and

(E)a written explanation, to any unit of general local government or community development corporation making an offer to purchase a qualified HUD property under this subsection that is not accepted, of the reason that such offer was not acceptable.

(4)Other disposition

With respect to any qualified HUD property, if the Secretary does not receive an acceptable offer to purchase the property pursuant to the procedure established under paragraph (3), the Secretary shall dispose of the property to the unit of general local government in which property is located or to community development corporations located in such unit of general local government on a negotiated, competitive bid, or other basis, on such terms as the Secretary deems appropriate.

(5)Satisfaction of indebtedness

Before transferring ownership of any qualified HUD property pursuant to this subsection, the Secretary shall satisfy any indebtedness incurred in connection with the property to be transferred, by canceling the indebtedness.

(6)Determination of status of properties

To ensure compliance with the requirements of this subsection, the Secretary shall take the following actions:

(A)Upon enactment

Upon the enactment of this subsection [December 21, 2000], the Secretary shall promptly assess each residential property owned by the Secretary to determine whether such property is a qualified HUD property.

(B)Upon acquisition

Upon acquiring any residential property, the Secretary shall promptly determine whether the property is a qualified HUD property.

(C)Updates

The Secretary shall periodically reassess the residential properties owned by the Secretary to determine whether any such properties have become qualified HUD properties.

(7)Tenant leases

This subsection shall not affect the terms or the enforceability of any contract or lease entered into with respect to any residential property before the date that such property becomes a qualified HUD property.

(8)Use of property

Property transferred under this subsection shall be used only for appropriate neighborhood revitalization efforts, including homeownership, rental units, commercial space, and parks, consistent with local zoning regulations, local building codes, and subdivision regulations and restrictions of record.

(9)Inapplicability to properties made available for homeless

Notwithstanding any other provision of this subsection, this subsection shall not apply to any properties that the Secretary determines are to be made available for use by the homeless pursuant to subpart E of part 291 of title 24, Code of Federal Regulations, during the period that the properties are so available.

(10)Protection of existing contracts

This subsection may not be construed to alter, affect, or annul any legally binding obligations entered into with respect to a qualified HUD property before the property becomes a qualified HUD property.

(11)Definitions

For purposes of this subsection, the following definitions shall apply:

(A)Community development corporation

The term “community development corporation” means a nonprofit organization whose primary purpose is to promote community development by providing housing opportunities for low-income families.

(B)Cost recovery basis

The term “cost recovery basis” means, with respect to any sale of a residential property by the Secretary, that the purchase price paid by the purchaser is equal to or greater than the sum of: (i) the appraised value of the property, as determined in accordance with such requirements as the Secretary shall establish; and (ii) the costs incurred by the Secretary in connection with such property during the period beginning on the date on which the Secretary acquires title to the property and ending on the date on which the sale is consummated.

(C)Multifamily housing project

The term “multifamily housing project” has the meaning given the term in section 1701z–11 of this title.

(D)Residential property

The term “residential property” means a property that is a multifamily housing project or a single family property.

(E)Secretary

The term “Secretary” means the Secretary of Housing and Urban Development.

(F)Severe physical problems

The term “severe physical problems” means, with respect to a dwelling unit, that the unit—

(i)lacks hot or cold piped water, a flush toilet, or both a bathtub and a shower in the unit, for the exclusive use of that unit;

(ii)on not less than three separate occasions during the preceding winter months, was uncomfortably cold for a period of more than 6 consecutive hours due to a malfunction of the heating system for the unit;

(iii)has no functioning electrical service, exposed wiring, any room in which there is not a functioning electrical outlet, or has experienced three or more blown fuses or tripped circuit breakers during the preceding 90-day period;

(iv)is accessible through a public hallway in which there are no working light fixtures, loose or missing steps or railings, and no elevator; or

(v)has severe maintenance problems, including water leaks involving the roof, windows, doors, basement, or pipes or plumbing fixtures, holes or open cracks in walls or ceilings, severe paint peeling or broken plaster, and signs of rodent infestation.

(G)Single family property

The term “single family property” means a 1- to 4-family residence.

(H)Substandard

The term “substandard” means, with respect to a multifamily housing project, that 25 percent or more of the dwelling units in the project have severe physical problems.

(I)Unit of general local government

The term “unit of general local government” has the meaning given such term in section 5302(a) of title 42.

(J)Unoccupied

The term “unoccupied” means, with respect to a residential property, that the unit of general local government having jurisdiction over the area in which the project is located has certified in writing that the property is not inhabited.

(12)Regulations

(A)Interim

Not later than 30 days after December 21, 2000, the Secretary shall issue such interim regulations as are necessary to carry out this subsection.

(B)Final

Not later than 60 days after December 21, 2000, the Secretary shall issue such final regulations as are necessary to carry out this subsection.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, and not as part of the National Housing Act which comprises this chapter.

Amendments

2006—Subsec. (a). Pub. L. 109–171 inserted at end “A grant provided under this subsection during fiscal years 2006 through 2010 shall be available only to the extent that appropriations are made in advance for such purposes and shall not be derived from the General Insurance Fund.” 2000—Pub. L. 106–554 substituted “Disposition of HUD-owned properties” for “Flexible authority” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 106–377 substituted “2000, and thereafter” for “and 2000”. 1999—Pub. L. 106–74 substituted “1999, and 2000” for “and 1999” and “, demolition, or

Construction

on the properties (which shall be eligible whether vacant or occupied)” for “or demolition”. 1998—Pub. L. 105–276 substituted “fiscal years 1997, 1998, and 1999” for “fiscal years 1997 and 1998”. 1997—Pub. L. 105–65 inserted “, including, for fiscal years 1997 and 1998, the provision of grants and loans from the General Insurance Fund (12 U.S.C. 1735c) for the necessary costs of rehabilitation or demolition,” after “owned by the Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 AmendmentAmendment by Pub. L. 109–171 not applicable to any transaction that formally commences within one year prior to Feb. 8, 2006, see section 2003(c) of Pub. L. 109–171, set out as a note under section 1701z–11 of this title.

§1715z–11a Disposition of Hud-owned Properties