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42 U.S.C. § 3545 — HUD accountability

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42 U.S.C. § 3545 — HUD accountability

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Source location: Title 42, Chapter 44, § 3545; chapter-044-department-of-housing-and-urban-development.md

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**(a) Notice regarding assistance** (1) **Publication of notice of availability** — The Secretary shall publish in the Federal Register notice of the availability of any assistance under any program or discretionary fund administered by the Secretary. (2) **Publication of application procedures** — The Secretary shall publish in the Federal Register a description of the form and procedures by which application for the assistance may be made, and any deadlines relating to the award or allocation of the assistance. Such description shall be designed to help eligible applicants to apply for such assistance. (3) **Publication of selection criteria** — Not less than 30 days before any deadline by which applications or requests for assistance under any program or discretionary fund administered by the Secretary must be submitted, the Secretary shall publish in the Federal Register the criteria by which selection for the assistance will be made. Subject to [section 1439 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1439&num=0&edition=prelim), such criteria shall include any objective measures of housing need, project merit, or efficient use of resources that the Secretary determines are appropriate and consistent with the statute under which the assistance is made available. (4) **Documentation of decisions** (A) The Secretary shall award or allocate assistance only in response to a written application in a form approved in advance by the Secretary, except where other award or allocation procedures are specified in statute. (B) The Secretary shall ensure that documentation and other information regarding each application for assistance is sufficient to indicate the basis on which any award or allocation was made or denied. The preceding sentence shall apply to— (i) any application for an award or allocation of assistance made by the Secretary to a State, unit of general local government, or other recipient of assistance, and (ii) any application for a subsequent award or allocation of such assistance by such State, unit of general local government or other recipient. (C) (i) The Secretary shall notify the public of all funding decisions made by the Department. The Secretary shall require any State or unit of general local government to notify the public of the award or allocation of such funding to subsequent recipients. The notification shall include the following elements for each funding decision: (I) the name and address of each funding recipient; (II) the name or other means of identifying the project, activity, or undertaking for each funding recipient; (III) the dollar amount of the funding for each project, activity, or undertaking; (IV) the citation to the statutory, regulatory, or other criteria under which the funding decision was made; and (V) such additional information as the Secretary deems appropriate for a clear and full understanding of the funding decision. (ii) The notification referred to in clause (i) of this subsection shall be published as a Notice in the Federal Register at least quarterly. (iii) For purposes of this subparagraph, the term “funding decision” means the decision of the Secretary to make available grants, loans, or any other form of financial assistance to an individual or to an entity, including (but not limited to) a State or local government or agency thereof (including a public housing agency), an Indian tribe, or a nonprofit organization, under any program administered by the Department that provides, by statute, regulation, or otherwise, for the competitive distribution of financial assistance. (D) The Secretary shall publish a notice in the Federal Register at least annually informing the public of the allocation of assistance under [section 1439(d)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1439/d/1/A&num=0&edition=prelim). (E) The Secretary shall ensure that each application and all related documentation and other information referred to in subparagraph (B), including each letter of support, is readily available for public inspection for a period of not less than 5 years, beginning not less than 30 days following the date on which the award or allocation is made. (5) **Emergency exception** — The Secretary may waive the requirements of paragraphs (1), (2), and (3) if the Secretary determines that the waiver is required for appropriate response to an emergency. Not less than 30 days after providing a waiver under the preceding sentence, the Secretary shall publish in the Federal Register the Secretary’s reasons for so doing. **(b) Disclosures by applicants** The Secretary shall require the disclosure of information with respect to any application for assistance within the jurisdiction of the Department for a project application submitted to the Secretary or to any State or unit of general local government by any applicant who has received or, in the determination of the Secretary, can reasonably be expected to receive assistance within the jurisdiction of the Department in excess of $200,000 in the aggregate during any fiscal year or such lower amount as the Secretary may establish by regulation. Such information shall include the following: (1) **Other government assistance** — Information regarding any related assistance from the Federal Government, a State, or a unit of general local government, or any agency or instrumentality thereof, that is expected to be made available with respect to the project or activities for which the applicant is seeking assistance. Such related assistance shall include but not be limited to any loan, grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect assistance. (2) **Interested parties** — The name and pecuniary interest of any person who has a pecuniary interest in the project or activities for which the applicant is seeking assistance. Persons with a pecuniary interest in the project or activity shall include but not be limited to any developers, contractors, and consultants involved in the application for assistance or the planning, development, or implementation of the project or activity. For purposes of this paragraph, residency of an individual in housing for which assistance is being sought shall not, by itself, be considered a pecuniary interest. (3) **Expected sources and uses** — A report satisfactory to the Secretary of the expected sources and uses of funds that are to be made available for the project or activity. **(c) Updating of disclosure** During the period when an application is pending or assistance is being provided, the applicant shall update the disclosure required under the previous subsection within 30 days of any substantial change. **(d) Limitation of assistance** The Secretary shall certify that assistance within the jurisdiction of the Department, as such term is defined in subsection (m), except that for purposes of this subsection such term shall not include any mortgage insurance provided pursuant to title II of the National Housing Act ([12 U.S.C. 1707](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1707&num=0&edition=prelim) et seq.) 11 So in original. Probably should be followed by a comma. to any housing project shall not be more than is necessary to provide affordable housing after taking account of assistance described in subsection (b)(1). The Secretary shall adjust the amount of such assistance awarded or allocated to an applicant to compensate in whole or in part, as the Secretary determines to be appropriate, for any changes reported under subsection (c). **(e) Administrative remedies** If the Secretary receives or obtains information providing a reasonable basis to believe that a violation of subsection (b) or (c) has occurred, the Secretary shall— (1) in the case of a selection that has not been made, determine whether to terminate the selection process or take other appropriate actions; and (2) in the case of a selection that has been made, determine whether to— (A) void or rescind the selection, subject to review and determination on the record after opportunity for a hearing; (B) impose sanctions upon the violator, including debarment, subject to review and determination on the record after opportunity for a hearing; (C) recapture any funds that have been disbursed; (D) permit the violating applicant selected to continue to participate in the program; or (E) take any other actions that the Secretary considers appropriate. The Secretary shall publish in the Federal Register a descriptive statement of each determination made and action taken under this subsection. **(f) Civil money penalties** (1) **In general** — Whenever any person knowingly and materially violates any provision of subsection (b) or (c), the Secretary may impose a civil money penalty on that person in accordance with the provisions of this section. This penalty shall be in addition to any other available civil remedy or any available criminal penalty, and may be imposed whether or not the Secretary imposes other administrative sanctions. (2) **Amount of penalty** — The amount of the penalty, as determined by the Secretary, may not exceed $10,000 for each violation. **(g) Agency procedures** (1) **In general** — The Secretary shall establish standards and procedures governing the imposition of civil money penalties under subsection (f). These standards and procedures— (A) shall provide for the Secretary to make the determination to impose the penalty or to use an administrative entity to make the determination; (B) shall provide for the imposition of a penalty only after the person has been given an opportunity for a hearing on the record; and (C) may provide for review by the Secretary of any determination or order, or interlocutory ruling, arising from a hearing. If no hearing is requested within 15 days of receipt of the notice of opportunity for hearing, the imposition of the penalty shall constitute a final and unappealable determination. If the Secretary reviews the determination or order, the Secretary may affirm, modify, or reverse that determination or order. If the Secretary does not review the determination or order, the determination or order shall be final. (2) **Factors in determining amount of penalty** — In determining the amount of a penalty under subsection (f), consideration shall be given to such factors as the gravity of the offense, ability to pay the penalty, injury to the public, benefits received, deterrence of future violations, and such other factors as the Secretary may determine in regulations to be appropriate. (3) **Reviewability of imposition of a penalty** — The Secretary’s determination or order imposing a penalty under subsection (f) shall not be subject to review, except as provided in subsection (h). **(h) Judicial review of agency determination** (1) **In general** — After exhausting all administrative remedies established by the Secretary under subsection (g)(1), a person against whom the Secretary has imposed a civil money penalty under subsection (f) may obtain a review of the penalty and such ancillary issues as may be addressed in the notice of determination to impose a penalty under subsection (g)(1)(A) in the appropriate court of appeals of the United States, by filing in such court, within 20 days after the entry of such order or determination, a written petition praying that the order or determination of the Secretary be modified or be set aside in whole or in part. (2) **Objections not raised in hearing** — The court shall not consider any objection that was not raised in the hearing conducted pursuant to subsection (g)(1) unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at the hearing is material and that there were reasonable grounds for the failure to present such evidence at the hearing, the court shall remand the matter to the Secretary for consideration of such additional evidence. (3) **Scope of review** — The decisions, findings, and determinations of the Secretary shall be reviewed pursuant to [section 706 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim). (4) **Order to pay penalty** — Notwithstanding any other provision of law, in any such review, the court shall have the power to order payment of the penalty imposed by the Secretary. **(i) Action to collect penalty** If any person fails to comply with the determination or order of the Secretary imposing a civil money penalty under subsection (f), after the determination or order is no longer subject to review as provided by subsections (g)(1) and (h), the Secretary may request the Attorney General of the United States to bring an action in an appropriate United States district court to obtain a monetary judgment against the person and such other relief as may be available. The monetary judgment may, in the court’s discretion, include the attorneys’ fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the Secretary’s determination or order imposing the penalty shall not be subject to review. **(j) Settlement by Secretary** The Secretary may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section. **(k) Regulations** The Secretary shall issue such regulations as the Secretary deems appropriate to implement this section. **(l) Deposit of penalties** The Secretary shall deposit all civil money penalties collected under this section into miscellaneous receipts of the Treasury. **(m) Definitions** For the purpose of this section— (1) The term “Department” means the Department of Housing and Urban Development. (2) The term “Secretary” means the Secretary of Housing and Urban Development. (3) The term “person” means an individual (including a consultant, lobbyist, or lawyer), corporation, company, association, authority, firm, partnership, society, State, local government, or any other organization or group of people. (4) The term “assistance within the jurisdiction of the Department” includes any contract, grant, loan, cooperative agreement, or other form of assistance, including the insurance or guarantee of a loan, mortgage, or pool of mortgages. (5) The term “knowingly” means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section. **(n) Effective date** This section shall take effect on the date specified in regulations implementing this section that are issued by the Secretary after notice and public comment.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1439 — Small public housing agencies

**(a) Definitions** In this section: (1) **Housing voucher program** — The term “housing voucher program” means a program for tenant-based assistance under [section 1437f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim). (2) **Small public housing agency** — The term “small public housing agency” means a public housing agency— (A) for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 1437f(o) of this title administered by the agency is 550 or fewer; and (B) that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations. (3) **Troubled small public housing agency** — The term “troubled small public housing agency” means a small public housing agency designated by the Secretary as a troubled small public housing agency under subsection (c)(3). **(b) Applicability** Except as otherwise provided in this section, a small public housing agency shall be subject to the same requirements as a public housing agency. **(c) Program inspections and evaluations** (1) **Public housing projects** (A) *Frequency of inspections by Secretary* — The Secretary shall carry out an inspection of the physical condition of a small public housing agency’s public housing projects not more frequently than once every 3 years, unless the agency has been designated by the Secretary as a troubled small public housing agency based on deficiencies in the physical condition of its public housing projects. Nothing contained in this subparagraph relieves the Secretary from conducting lead safety inspections or assessments in accordance with procedures established by the Secretary

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1439

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12 U.S.C. § 1707 — Omitted

### Statutory Notes #### Codification Section, which placed restrictions on loans, was from the Independent Offices Appropriation Act, 1953, act July 5, 1952, ch. 578, title III, § 301, 66 Stat. 415, and was not repeated in subsequent appropriation acts. #### Similar Provisions Similar provisions were contained in Aug. 31, 1951, ch. 376, title IV, § 401, 65 Stat. 287.

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5 U.S.C. § 706 — Scope of review

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall— (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

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12 U.S.C. § 1701 — Information regarding early defaults and foreclosures on insured mortgages

**(a) In general** The Secretary of Housing and Urban Development shall collect and maintain information regarding early defaults on mortgages as provided under this section. The Secretary shall make such information available for public inspection upon request. Information shall be collected quarterly with respect to each applicable collection period (as such term is defined in subsection (c)) and shall be available for inspection not more than 30 days after the conclusion of the calendar quarter relating to each such period. Information shall first be made available under this section for the applicable collection period relating to the first calendar quarter ending more than 180 days after November 28, 1990. **(b) Contents** (1) **Mortgage lender analysis** — Information collected under this section shall include, for each lender originating mortgages during the applicable collection period that are insured pursuant to [section 1709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1709&num=0&edition=prelim) and secured by property in a designated census tract, the following information with respect to such mortgages: (A) The name of the lender and the number of each designated census tract in which the lender originated 1 or more such mortgages during the applicable collection period. (B) The total number of such mortgages originated by such lender during the applicable collection period in each designated census tract and the number of mortgages originated each year in each designated census tract. (C) The total number of defaults and foreclosures on such mortgages during the applicable collection period in each designated census tract and the number of defaults and foreclosures in each designated census tract in

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26 U.S.C. § 42 — Low-income housing credit

**(a) In general** For purposes of section 38, the amount of the low-income housing credit determined under this section for any taxable year in the credit period shall be an amount equal to— (1) the applicable percentage of (2) the qualified basis of each qualified low-income building. **(b) Applicable percentage: 70 percent present value credit for certain new buildings; 30 percent present value credit for certain other buildings** (1) **Determination of applicable percentage** — For purposes of this section— (A) *In general* — The term “applicable percentage” means, with respect to any building, the appropriate percentage prescribed by the Secretary for the earlier of— (i) the month in which such building is placed in service, or (ii) at the election of the taxpayer— (I) the month in which the taxpayer and the housing credit agency enter into an agreement with respect to such building (which is binding on such agency, the taxpayer, and all successors in interest) as to the housing credit dollar amount to be allocated to such building, or (II) in the case of any building to which subsection (h)(4)(B) applies, the month in which the tax-exempt obligations are issued. A month may be elected under clause (ii) only if the election is made not later than the 5th day after the close of such month. Such an election, once made, shall be irrevocable. (B) *Method of prescribing percentages* — The percentages prescribed by the Secretary for any month shall be percentages which will yield over a 10-year period amounts of credit under subsection (a) which have a present value equal to— (i) 70 percent of the qualified basis of a new building which is not federally subsidized for the taxable year, and (ii) 30 percent of the qualified b

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12 U.S.C. § 1702 — Short title

This chapter may be cited as the “National Housing Act.”

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12 U.S.C. § 1715g — Supportive housing for the elderly

**(a) Purpose** The purpose of this section is to enable elderly persons to live with dignity and independence by expanding the supply of supportive housing that— (1) is designed to accommodate the special needs of elderly persons; and (2) provides a range of services that are tailored to the needs of elderly persons occupying such housing. **(b) General authority** The Secretary is authorized to provide assistance to private nonprofit organizations and consumer cooperatives to expand the supply of supportive housing for the elderly. Such assistance shall be provided as (1) capital advances in accordance with subsection (c)(1), and (2) contracts for project rental assistance in accordance with subsection (c)(2). Such assistance may be used to finance the construction, reconstruction, or moderate or substantial rehabilitation of a structure or a portion of a structure, or the acquisition of a structure, to be used as supportive housing for the elderly in accordance with this section. Assistance may also cover the cost of real property acquisition, site improvement, conversion, demolition, relocation, and other expenses that the Secretary determines are necessary to expand the supply of supportive housing for the elderly. **(c) Forms of assistance** (1) **Capital advances** — A capital advance provided under this section shall bear no interest and its repayment shall not be required so long as the housing remains available for very low-income elderly persons in accordance with this section. Such advance shall be in an amount calculated in accordance with the development cost limitation established in subsection (h). (2) **Project rental assistance** — Contracts for project rental assistance shall obligate the Secretary to make monthly payments to cover any part of t

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1715g

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42 U.S.C. § 1436c — Local housing assistance plan

**(a) Applicability of approved plan to housing assistance application; procedure upon receipt of application by Secretary of Housing and Urban Development; definitions** (1) The Secretary of Housing and Urban Development, upon receiving an application for housing assistance under the United States Housing Act of 1937 [[42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.],11 So in original. The comma probably should be “or”. section 101 of the Housing and Urban Development Act of 1965 [[12 U.S.C. 1701s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701s&num=0&edition=prelim)], or,22 So in original. The word “or” and the comma probably should not appear. if the unit of general local government in which the proposed assistance is to be provided has an approved housing assistance plan, shall— (A) not later than ten days after receipt of the application, notify the chief executive officer of such unit of general local government that such application is under consideration; and (B) afford such unit of general local government the opportunity, during the thirty-day period beginning on the date of such notification, to object to the approval of the application on the grounds that the application is inconsistent with its housing assistance plan. Upon receiving an application for such housing assistance, the Secretary shall assure that funds made available under this section shall be utilized to the maximum extent practicable to meet the needs and goals identified in the unit of local government’s housing assistance plan. (2) If the unit of general local government objects to the application on the grounds that it is inconsistent with its housing assistance plan,

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1436c

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42 U.S.C. § 4854 — Disclosure of information concerning lead upon transfer of residential property

**(a) Lead disclosure in purchase and sale or lease of target housing** (1) **Lead-based paint hazards** — Not later than 2 years after October 28, 1992, the Secretary and the Administrator of the Environmental Protection Agency shall promulgate regulations under this section for the disclosure of lead-based paint hazards in target housing which is offered for sale or lease. The regulations shall require that, before the purchaser or lessee is obligated under any contract to purchase or lease the housing, the seller or lessor shall— (A) provide the purchaser or lessee with a lead hazard information pamphlet, as prescribed by the Administrator of the Environmental Protection Agency under section 406 of the Toxic Substances Control Act [[15 U.S.C. 2686](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2686&num=0&edition=prelim)]; (B) disclose to the purchaser or lessee the presence of any known lead-based paint, or any known lead-based paint hazards, in such housing and provide to the purchaser or lessee any lead hazard evaluation report available to the seller or lessor; and (C) permit the purchaser a 10-day period (unless the parties mutually agree upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint hazards. (2) **Contract for purchase and sale** — Regulations promulgated under this section shall provide that every contract for the purchase and sale of any interest in target housing shall contain a Lead Warning Statement and a statement signed by the purchaser that the purchaser has— (A) read the Lead Warning Statement and understands its contents; (B) received a lead hazard information pamphlet; and (C) had a 10-day opportunity (unless the parties mutually agreed

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12 U.S.C. § 1707 — Definitions

Page 532 TITLE 12—BANKS AND BANKING § 1706f new grants or loans to be made after Oct. 1, 1991, under this section, see section 12839(a)(5), (b)(1) of Title 42, The Public Health and Welfare. § 1706f. Prohibition against kickbacks and un- earned fees (a) In general Except as provided in subsection (b), the provi- sions of sections 2602, 2607, 2614, 2615, 2616, and 2617 of this title shall apply to each sale of a manufactured home financed with an FHA-in- sured loan or extension of credit, as well as to services rendered in connection with such trans- actions. (b) Authority of the Secretary The Secretary is authorized to determine the manner and extent to which the provisions of sections 2602, 2607, 2614, 2615, 2616, and 2617 of this title may reasonably be applied to the transactions described in subsection (a), and to grant such exemptions as may be necessary to achieve the purposes of this section. (c) Definitions For purposes of this section— (1) the term ‘‘federally related mortgage loan’’ as used in sections 2602, 2607, 2614, 2615, 2616, and 2617 of this title shall include an FHA-insured loan or extension of credit made to a borrower for the purpose of purchasing a manufactured home that the borrower intends to occupy as a personal residence; and (2) the term ‘‘real estate settlement service’’ as used in sections 2602, 2607, 2614, 2615, 2616, and 2617 of this title shall include any service rendered in connection with a loan or exten- sion of credit insured by the Federal Housing Administration for the purchase of a manufac- tured home. (d) Unfair and deceptive practices In connection with the purchase of a manufac- tured home financed with a loan or extension of credit insured by the Federal Housing Adminis- tration under this subc

Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 1707

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