Title 12Banks and BankingRelease 119-73not60

§4121 Definitions of Qualified and Priority Purchaser and Related Party Rule

Title 12 › Chapter 42— LOW-INCOME HOUSING PRESERVATION AND RESIDENT HOMEOWNERSHIP › Subchapter I— PREPAYMENT OF MORTGAGES INSURED UNDER NATIONAL HOUSING ACT › § 4121

Last updated Apr 3, 2026|Official source

Summary

Defines who can buy certain housing and the rules about related buyers. A "priority purchaser" is a residents’ council set up to buy under the resident homeownership program and certain nonprofits or state/local agencies that promise to keep the homes affordable for the remaining useful life (as set in section 4112(c)). A "qualified purchaser" is any buyer who makes that same affordability promise. For-profit groups and priority purchasers count as qualified purchasers. Buyers that are owned or controlled by the seller, under common control with the seller, or have financial ties to the seller are not allowed to be qualified or priority purchasers. The Secretary must write rules to enforce this. One exception lets a qualified purchaser keep a property manager owned by the seller only if keeping that manager was not part of the sale or payment and the management contract was negotiated at arm’s length.

Full Legal Text

Title 12, §4121

Banks and Banking — Source: USLM XML via OLRC

(a)The term “priority purchaser” means (A) a resident council organized to acquire the housing in accordance with a resident homeownership program that meets the requirements of section 4121 11 So in original. Probably should be section “4116”. of this title; and (B) any nonprofit organization or State or local agency that agrees to maintain low-income affordability restrictions for the remaining useful life of the housing (as determined under section 4112(d) 22 So in original. Probably should be section “4112(c)”. of this title).
(b)The term “qualified purchaser” means any entity that agrees to maintain low-income affordability restrictions for the remaining useful life of the housing (as determined under section 4112(c) of this title), and includes for-profit entities and priority purchasers.
(c)Except as provided in subsection (d), the terms “qualified purchaser” and “priority purchaser” do not include any entity that, either directly or indirectly, is wholly or partially owned or controlled by the owner of the housing being transferred under this subchapter, is under whole or partial common control with such owner, or has any financial interest in such owner or in which such owner has any financial interest. The Secretary shall issue any regulations appropriate to implement the preceding sentence.
(d)A qualified purchaser shall not be precluded from retaining as a property management entity a company that is owned or controlled by the selling owner or a principal thereof if retention of the management company is neither a condition of sale nor part of consideration paid for sale and the property management contract is negotiated by the qualified purchaser on an arm’s length basis.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (b). Pub. L. 102–550 substituted “4112(c)” for “4112(d)”.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4121

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60