Title 12, Banks and BankingRelease 119-110

§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 Sep 23, 2026|Official source

Summary

Tells who can get priority to buy HUD housing, who counts as an acceptable buyer, and some limits on ties to the seller. A "priority purchaser" is either a resident council set up to buy the housing under an approved resident homeownership program or a nonprofit or state/local agency that promises to keep the homes affordable for the rest of their usable life (see section 4112(d)). A "qualified purchaser" is anyone who agrees to keep the housing affordable for the rest of its usable life (see section 4112(c)); that includes for-profit buyers and priority purchasers. Buyers that are owned, controlled by, or financially tied to the selling owner, or share control with the seller, are not allowed to be qualified or priority purchasers, and the Secretary will make rules to enforce that. A qualified purchaser may still hire a property manager owned or controlled by the seller if the manager was not required for the sale, was not paid as part of the sale, and the management contract was negotiated fairly.

Full Legal Text

Title 12, §4121

Banks and Banking, Source: USLM XML via OLRC

(a)Priority purchaser
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 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) of this title).
(b)Qualified purchaser
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)Related parties
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)Management exception
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 12, Banks and Banking

Last Updated

Sep 23, 2026

Release point: 119-110