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12 U.S.C. § 1748g — Prohibition against transient housing
Federal law — U.S. Code and appendices · legal_authorities
**(a) Intent of Congress** The Congress declares that it has been its intent since the enactment of this chapter that housing built with the aid of mortgages insured under this chapter is to be used principally for residential use; and that this intent excludes the use of such housing for transient or hotel purposes while such insurance on the mortgage remains outstanding.
**(b) Exceptions to prohibition** Notwithstanding any other provisions of this chapter, no new, existing, or rehabilitated multifamily housing with respect to which a mortgage is insured under this chapter shall be operated for transient or hotel purposes unless (1) on or before May 28, 1954, the Secretary has agreed in writing to the rental of all or a portion of the accommodations in the project for transient or hotel purposes (in which case no accommodations in excess of the number so agreed to by the Secretary shall be rented on such basis), or (2) the project covered by the insured mortgage is located in an area which the Secretary determines to be a resort area, and the Secretary finds that prior to May 28, 1954, a portion of the accommodations in the project had been made available for rent for transient or hotel purposes (in which case no accommodations in excess of the number which had been made available for such use shall be rented on such basis).
**(c) Certification as to use as requisite for insurance; exceptions to prohibition against insuring** Notwithstanding any other provisions of this chapter, no mortgage with respect to multifamily housing shall be insured under this chapter (except pursuant to a commitment to insure issued prior to August 2, 1954), and (except as to housing coming within the provisions of clause (1) or clause (2) of subsection (b)) no mortgage with respect to mu
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Source file: Laws/federal/codes/united-states-code/title-12/section-1748g-prohibition-against-transient-housing--d73a33575a.md
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Source location: Title 12, Chapter 13, § 1748g; chapter-013-national-housing.md
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**(a) Intent of Congress** The Congress declares that it has been its intent since the enactment of this chapter that housing built with the aid of mortgages insured under this chapter is to be used principally for residential use; and that this intent excludes the use of such housing for transient or hotel purposes while such insurance on the mortgage remains outstanding.
**(b) Exceptions to prohibition** Notwithstanding any other provisions of this chapter, no new, existing, or rehabilitated multifamily housing with respect to which a mortgage is insured under this chapter shall be operated for transient or hotel purposes unless (1) on or before May 28, 1954, the Secretary has agreed in writing to the rental of all or a portion of the accommodations in the project for transient or hotel purposes (in which case no accommodations in excess of the number so agreed to by the Secretary shall be rented on such basis), or (2) the project covered by the insured mortgage is located in an area which the Secretary determines to be a resort area, and the Secretary finds that prior to May 28, 1954, a portion of the accommodations in the project had been made available for rent for transient or hotel purposes (in which case no accommodations in excess of the number which had been made available for such use shall be rented on such basis).
**(c) Certification as to use as requisite for insurance; exceptions to prohibition against insuring** Notwithstanding any other provisions of this chapter, no mortgage with respect to multifamily housing shall be insured under this chapter (except pursuant to a commitment to insure issued prior to August 2, 1954), and (except as to housing coming within the provisions of clause (1) or clause (2) of subsection (b)) no mortgage with respect to multifamily housing shall be insured for an additional term, unless (1) the mortgagor certifies under oath that while such insurance remains outstanding he will not rent, or permit the rental of, such housing or any part thereof for transient or hotel purposes, and (2) the Secretary has entered into such contract with, or purchased such stock of, the mortgagor as the Secretary deems necessary to enable him to prevent or terminate any use of such property or project for transient or hotel purposes while the mortgage insurance remains outstanding.
**(d) Enforcement by Secretary** The Secretary is authorized and directed to enforce the provisions of this section by all appropriate means at his disposal, as to all existing multifamily housing with respect to which a mortgage was insured under this chapter prior to August 2, 1954, as well as to all multifamily housing with respect to which a mortgage is hereafter insured under this chapter: Provided, That no criminal penalty shall, by reason of enactment of this section, be applicable to the rental or operation of any such existing multifamily housing in violation of any provision of subsection (b) of this section at any time prior to August 2, 1954.
**(e) Definitions** As used in this section, (1) the term “rental for transient or hotel purposes” shall have such meaning as prescribed by the Secretary but rental for any period less than thirty days shall in any event constitute rental for such purposes, and (2) the term “multifamily housing” shall mean (i) a property held by a mortgagor upon which there are located five or more single family dwellings, or upon which there is located a two-, three-, or four-family dwelling, or (ii) a property or project covered by mortgage insured or to be insured under [section 1713 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1713&num=0&edition=prelim), under [section 1715e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715e&num=0&edition=prelim) with respect to any property or project of a corporation or trust of the character described in paragraph (1) of subsection (a) thereof, under [section 1715k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715k&num=0&edition=prelim) if the mortgage is within the provisions of paragraph (3) (B) of subsection (d) thereof, under section 1715l of this title if the mortgage is within the provisions of paragraph (3) of subsection (d) thereof, under section 1743, 1748b, or 1750g of this title, or (iii) a project with respect to which an insurance contract pursuant to subchapter VII is outstanding.
**(f) Investigation after notice of violation; cease order** Promptly after receipt of written notice that any portion of any building is being rented or operated in violation of any provision of this section or of any rule or regulation lawfully issued thereunder, the Secretary shall investigate the existence of the facts alleged in the written notice and shall order such violation, if found to exist, to cease forthwith.
**(g) Prosecution by Attorney General for continued violation** If such violation does not cease in accordance with such order, the Secretary shall forward the complaint to the Attorney General of the United States for prosecution of such civil or criminal action, if any, which the Attorney General may find to be involved in such violation.
**(h) Judicial procedure for injunction or other order** Whenever he finds a violation of any provision of this section has occurred or is about to occur, the Attorney General shall petition the district court of the United States or the district court of any Territory or other place subject to United States jurisdiction within whose jurisdictional limits the person doing or committing the acts or practices constituting the alleged violation of this section shall be found, for an order enjoining such acts or practices, and upon a showing by the Attorney General that such acts or practices constituting such violation have been engaged in or are about to be engaged in, a permanent or temporary injunction, restraining order, or other order, with or without such injunction or restraining order, shall be granted without bond.
**(i) Injunctive relief for hotel owners** Any person owning or operating a hotel within a radius of fifty miles of a place where a violation of any provision of this section has occurred or is about to occur, or any group or association of hotel owners or operators within said fifty-mile radius, at his or their sole charge or cost, may petition any district court of the United States or the district court or any Territory or other place subject to United States jurisdiction within whose jurisdictional limits the person doing or committing the acts or practices constituting the alleged violation of this section shall be found, for an order enjoining such acts or practices, and, upon a showing that such acts or practices constituting such violation have been engaged in or are about to be engaged in, a permanent or temporary injunction, restraining order, or other order, with or without such injunction or restraining order, shall be granted.
**(j) Jurisdiction of district courts** The several district courts of the United States and the several district courts of the Territories of the United States or other place subject to United States jurisdiction, within whose jurisdictional limits the person doing or committing the acts or practices constituting the alleged violation shall be found, shall, wheresoever such acts or practices may have been done or committed, have full power and jurisdiction to hear, try, and determine such matter under subsections (h) and (i) of this section.
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Federal law — U.S. Code and appendices · legal_authorities
The right to redeem provided for by [section 2410(c) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2410/c&num=0&edition=prelim), shall not arise in any case in which the subordinate lien or interest of the United States derives from the issuance of insurance under the National Housing Act, as amended [[12 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701&num=0&edition=prelim) et seq.].
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that there is a large and growing need for suitable housing for older people both in urban and rural areas. Our older citizens face special problems in meeting their housing needs because of the prevalence of modest and limited incomes among the elderly, their difficulty in obtaining liberal long-term home mortgage credit, and their need for housing planned and designed to include features necessary to the safety and convenience of the occupants in a suitable neighborhood environment. The Congress further finds that the present programs for housing the elderly under the Department of Housing and Urban Development have proven the value of Federal credit assistance in this field and at the same time demonstrated the urgent need for an expanded and more comprehensive effort to meet our responsibilities to our senior citizens.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1715k
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement** Except as provided in subsection (b) and notwithstanding any other provision of this chapter, no mortgage covering new or rehabilitated multifamily housing or a property or project described in subchapter IX–B shall be insured under this chapter unless the mortgagor has agreed (A) to certify, upon completion of the physical improvements on the mortgaged property or project and prior to final endorsement of the mortgage, either (i) that the approved percentage of actual cost (as those terms are herein defined) equaled or exceeded the proceeds of the mortgage loan or (ii) the amount by which the proceeds of the mortgage loan exceeded such approved percentage of actual cost, as the case may be, and (B) to pay forthwith to the mortgagee, for application to the reduction of the principal obligation of such mortgage, the amount, if any, certified to be in excess of such approved percentage of actual cost. Upon the Secretary’s approval of the mortgagor’s certification as required hereunder, such certification shall be final and incontestable, except for fraud or material misrepresentation on the part of the mortgagor.
**(b) Exemption for certain projects assisted with low-income housing tax credit** In the case of any mortgage insured under any provision of this subchapter that is executed in connection with the construction, rehabilitation, purchase, or refinancing of a multifamily housing project for which equity 11 So in original. Probably should be followed by “is”. provided through any low-income housing tax credit pursuant to [section 42 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section42&num=0&edition=prelim), if the Secretary determines at the time of issuance of the firm commitment for insurance that the rat
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Federal law — U.S. Code and appendices · legal_authorities
As soon as practicable following November 30, 1983, the Secretary of Housing and Urban Development, with the cooperation of the Federal Housing Finance Agency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Comptroller of the Currency, shall develop a method of accurately reporting to the Congress on a periodic basis with respect to residential mortgage delinquencies and foreclosures. Each such report shall include information with respect to the number of residential mortgage foreclosures, and the number of sixty- and ninety-day residential mortgage delinquencies, in the Nation and in each State.
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Federal law — U.S. Code and appendices · legal_authorities
Page 831
TITLE 12—BANKS AND BANKING
§ 1748g
stituted the requirement that the mortgagor shall
enter into the agreement required by section 1715r of
this title for former provisions relating to certification
of builders’ costs, the certifications now being pre-
scribed into section 1715r.
Subsec. (f). Act Aug. 2, 1954, § 112(c), in second sen-
tence, substituted a twenty-year period for ten-year pe-
riod, with respect to the maturity of debentures.
1953—Subsec. (a). Act June 30, 1953, § 10(a), in second
proviso substituted ‘‘July 1, 1954’’ for ‘‘July 1, 1953’’.
Subsec. (b). Act June 30, 1953, § 10(b), (c), inserted par.
commencing ‘‘The mortgagor shall agree’’; and, in first
sentence of par. commencing ‘‘The mortgage shall pro-
vide’’, substituted ‘‘41⁄2 per centum’’ for ‘‘4 per cen-
tum’’.
1951—Subsec. (a). Act Sept. 1, 1951, § 601(a), sub-
stituted ‘‘July 1, 1953’’ for ‘‘July 1, 1951’’ in second pro-
viso.
Subsec. (b)(3)(C). Act Sept. 1, 1951, § 601(b), inserted
proviso.
Subsec. (d). Act Sept. 1, 1951, § 601(c), inserted ref-
erence to the Atomic Energy Commission in last sen-
tence.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1954 AMENDMENT
Amendment by section 112(c) of act Aug. 2, 1954, as
not applicable in any case where the mortgage involved
was insured or the commitment for such insurance was
issued prior to Aug. 2, 1954, see section 112(e) of that
act, set out as a note under section 1710 of this title.
EFFECTIVE DATE OF 1951 AMENDMENT
Act Sept. 1, 1951, ch. 378, § 601(a), 65 Stat. 312, provided
that the amendment made by that section is effective
July 1, 1951.
§ 1748c. Repealed. Pub. L. 89–117, title XI,
§ 1108(aa), Aug. 10, 1965, 79 Stat. 507
Section, act June 27, 1934, ch. 847, title VIII, § 804, as
added Aug. 8, 1949
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