42 U.S.C. § 12896: Definitions

Summary

Defines key words used in this part. Applicant means a private nonprofit, a cooperative, or a public agency, including a public agency working with a nonprofit. Displaced homemaker and first-time homebuyer have the same meanings as in section 12704 of this title. Eligible family means a family or person whose income does not exceed 80 percent of the area median income as set by the Secretary (with adjustments for smaller and larger families) and who is a first-time homebuyer. Eligible property means a single-family property with no more than four units owned or held by federal agencies, the Resolution Trust Corporation, the FDIC, state or local governments (including in rem property), public housing agencies, or Indian housing authorities, but excludes public or Indian housing under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] (properties held by institutions under the RTC are included). Homeownership program means a program for homeownership under this part. Indian housing authority, low-income family, and public housing agency have the meanings given in section 3(b)(11), 3(b)(2), and 3(b)(6) respectively of the United States Housing Act of 1937. Recipient means an approved applicant or another entity named in the approved application that will take on the recipient’s duties. Secretary means the Secretary of Housing and Urban Development. Single parent means a person who is unmarried or legally separated and who either has custody or joint custody of one or more minor children or is pregnant.

Title 42, §12896

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

For purposes of this part:

(1)The term “applicant” means a private nonprofit organization, cooperative association, or a public agency (including an agency or instrumentality thereof) in cooperation with a private nonprofit organization.

(2)The term “displaced homemaker” has the same meaning as in section 12704 of this title.

(3)The term “eligible family” means a family or individual who—

(A)has an income that does not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families; and

(B)is a first-time homebuyer.

(4)The term “eligible property” means a single family property, containing no more than four units, that is owned or held by the Secretary, the Secretary of Veterans Affairs, the Secretary of Agriculture, the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, the Secretary of Defense, the Secretary of Transportation, the General Services Administration, any other Federal agency, a State or local government (including any in rem property), or a public housing agency or an Indian housing authority (excluding public or Indian housing under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] and including properties held by institutions within the jurisdiction of the Resolution Trust Corporation).

(5)The term “first-time homebuyer” has the same meaning as in section 12704 of this title.

(6)The term “homeownership program” means a program for homeownership under this part.

(7)The term “Indian housing authority” has the meaning given such term in section 3(b)(11) of the United States Housing Act of 1937.

(8)The term “low-income family” has the meaning given such term in section 3(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)(2)].

(9)The term “public housing agency” has the meaning given such term in section 3(b)(6) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)(6)].

(10)The term “recipient” means an applicant approved to receive a grant under this part or such other entity specified in the approved application that will assume the obligations of the recipient under this part.

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

(12)The term “single parent” means an individual who—

(A)is unmarried or legally separated from a spouse; and

(B)(i)has 1 or more minor children for whom the individual has custody or joint custody; or

(ii)is pregnant.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The United States Housing Act of 1937, referred to in par. (4), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1437 of this title and Tables. section 3(b)(11) of the United States Housing Act of 1937, referred to in par. (7), was classified to section 1437a(b)(11) of this title prior to repeal by Pub. L. 104–330, title V, § 501(b)(1)(D), Oct. 26, 1996, 110 Stat. 4041, and a new section 1437a(b)(11), defining “public housing agency plan”, was enacted by Pub. L. 105–276, title V, § 506(4), Oct. 21, 1998, 112 Stat. 2524.

Amendments

1992—Par. (4). Pub. L. 102–550 inserted “the Federal Deposit Insurance Corporation, the Secretary of Defense, the Secretary of Transportation, the General Services Administration, any other Federal agency,” after “Corporation,” and substituted “(excluding public or Indian housing under the United States Housing Act of 1937 and including” for “(including scattered site single family properties, and”.

§12896 Definitions