PRIA, Government Policy, Made Personal

Summary

Defines the main words used in this subchapter. "Eligible low-income housing" means housing with a loan or mortgage that meets one of four HUD financing conditions listed in the law (including loans insured, held, or assisted under specified sections) and that, under a rule or contract in effect before February 5, 1988, is or will within 24 months be allowed to prepay without HUD’s prior approval. "Federal cost limit" means the amount set by section 4105(a). "Low-income affordability restrictions" means rules or agreements that limit tenant rents, tenant rent shares, or who can qualify by income. "Low-income families or persons" and "very low-income families or persons" mean people whose incomes do not exceed the income levels set under 42 U.S.C. 1437a(b)(2). "Moderate-income families or persons" means those with incomes between 80 percent and 95 percent of the area median income, as set by the Secretary with family-size adjustments. "Nonprofit organization" means a private nonprofit set up under state or local law that does not distribute earnings to insiders, meets HUD’s financial rules, and mainly works to provide decent, affordable housing to very low-, low-, and moderate-income families. "Owner" means the current or later owner(s) of eligible low-income housing. "Preservation equity" is a calculated value used in different parts of the law: for some incentives it is the preservation value under section 4103(b)(1) minus any debt secured by the property; for other incentives and an acquisition loan it is the preservation value under section 4103(b)(2) minus the outstanding federally-assisted mortgage balance. "Preservation value" means the value determined under paragraph (1) or (2) of section 4103(b). "Secretary" means the Secretary of Housing and Urban Development. "Resident council" means an incorporated nonprofit or association that represents residents, has written rules for regular officer elections, and a democratically elected board chosen by the residents.

Title 12, §4119

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For purposes of this subchapter:

(1)The term “eligible low-income housing” means any housing financed by a loan or mortgage—

(A)that is—

(i)insured or held by the Secretary under section 1715l(d)(3) of this title and receiving loan management assistance under section 1437f of title 42 due to a conversion from section 1701s of this title;

(ii)insured or held by the Secretary and bears interest at a rate determined under the proviso of section 1715l(d)(5) of this title;

(iii)insured, assisted, or held by the Secretary or a State or State agency under section 1715z–1 of this title; or

(iv)held by the Secretary and formerly insured under a program referred to in clause (i), (ii), or (iii); and

(B)that, under regulation or contract in effect before February 5, 1988, is or will within 24 months become eligible for prepayment without prior approval of the Secretary.

(2)The term “Federal cost limit” means, for any eligible low-income housing, the amount determined under section 4105(a) of this title.

(3)The term “low-income affordability restrictions” means limits imposed by regulation or regulatory agreement on tenant rents, rent contributions, or income eligibility in eligible low-income housing.

(4)The terms “low-income families or persons” and “very low-income families or persons” mean families or persons whose incomes do not exceed the respective levels established for low-income families and very low-income families, respectively, under section 1437a(b)(2) of title 42.

(5)The term “moderate-income families or persons” means families or persons whose incomes are between 80 percent and 95 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families.

(6)The term “nonprofit organization” means any private, nonprofit organization that—

(A)is organized or chartered under State or local laws;

(B)has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual;

(C)complies with standards of financial accountability acceptable to the Secretary; and

(D)has among its principal purposes significant activities related to the provision of decent housing that is affordable to very low-, low-, and moderate-income families.

(7)The term “owner” means the current or subsequent owner or owners of eligible low-income housing.

(8)The term “preservation equity” means, for any eligible low-income housing—

(A)for purposes of determining the authorized return under section 4104(a) of this title and providing incentives to extend the low-income affordability restrictions on the housing under section 4109 of this title—

(i)the preservation value of the housing determined under section 4103(b)(1) of this title; less

(ii)any debt secured by the property; and

(B)for purposes of determining incentives under section 4110 and 4111 of this title and determining the amount of an acquisition loan under the provisions of section 1715z–6(f)(3) of this title—

(i)the preservation value of the housing determined under section 4103(b)(2) of this title; less

(ii)the outstanding balance of the federally-assisted mortgage or mortgages for the housing.

(9)The term “preservation value” means, for any eligible low-income housing, the applicable value determined under paragraph (1) or (2) of section 4103(b) of this title.

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

(11)The term “resident council” means any incorporated nonprofit organization or association that—

(A)is representative of the residents of the housing;

(B)adopts written procedures providing for the election of officers on a regular basis; and

(C)has a democratically elected governing board, elected by the residents of the housing.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1715z–6(f) of this title, referred to in par. (8)(B), was repealed by Pub. L. 104–204, title II, Sept. 26, 1996, 110 Stat. 2885. Codification Amendment by Pub. L. 103–327 is based on section 601(e) of title VI of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.

Amendments

1994—Par. (4). Pub. L. 103–327 temporarily amended par. (4) to read as follows: “(4)(A) The term ‘low-income tenants’ means families or persons with incomes that exceed 50 percent of the median income for the area (as determined by the Secretary with adjustments for family size) but do not exceed 80 percent of the median income for the area (as determined by the Secretary with adjustments for family size). “(B) The term ‘very low-income tenants’ means families or persons with incomes that are less than or equal to 50 percent of the median income for the area (as determined by the Secretary with adjustments for family size).” See Effective and Termination Dates of 1994 Amendment note below. 1992—Par. (1)(A)(i). Pub. L. 102–550, § 310, substituted “receiving loan management assistance under section 1437f of title 42 due to a conversion from section 1701s of this title” for “assisted under section 1701s of this title or section 1437f of title 42”. Par. (11)(A). Pub. L. 102–550, § 317(a)(5), substituted “residents” for “resident”.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 1994 AmendmentAmendment by Pub. L. 103–327 effective only during fiscal year 1995, see provision of title II of Pub. L. 103–327 set out as a note under section 4112 of this title.

§4119 Definitions