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42 U.S.C. § 12809 — Rehabilitation loans

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

42 U.S.C. § 12809 — Rehabilitation loans

**(a) In general** The Secretary shall make available a model program to provide direct loans to finance the rehabilitation of low and moderate income single family and multifamily residential properties. **(b) Condition of loans** The Secretary shall establish terms and conditions to ensure that such loans are acceptable risks, taking into consideration the need for rehabilitation, the security for the loan and the ability of the borrower to repay the loan. The Secretary may establish the interest rate for loans under the model program, which shall include special interest rates for loans to borrowers with incomes below 80 percent of the area median income. **(c) Additional restrictions** Guidelines for the model program may require that the property— (1) be located in an area that contains a substantial number of dwellings in need of rehabilitation; (2) the property 11 So in original. The words “the property” probably should not appear. is residential and owner-occupied; and (3) the property 1 is in need of rehabilitation or concentrated code enforcement within a reasonable time, and the rehabilitation of such property is consistent with a local plan for rehabilitation or code enforcement. Additional guidelines for the model program shall generally comport with the additional protections and restrictions specified under section 1452b 22 See References in Text note below. of this title.

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Source file: Laws/federal/codes/united-states-code/title-42/section-12809-rehabilitation-loans--73f816ec94.md
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Source location: Title 42, Chapter 130, § 12809; chapter-130-national-affordable-housing.md

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**(a) In general** The Secretary shall make available a model program to provide direct loans to finance the rehabilitation of low and moderate income single family and multifamily residential properties. **(b) Condition of loans** The Secretary shall establish terms and conditions to ensure that such loans are acceptable risks, taking into consideration the need for rehabilitation, the security for the loan and the ability of the borrower to repay the loan. The Secretary may establish the interest rate for loans under the model program, which shall include special interest rates for loans to borrowers with incomes below 80 percent of the area median income. **(c) Additional restrictions** Guidelines for the model program may require that the property— (1) be located in an area that contains a substantial number of dwellings in need of rehabilitation; (2) the property 11 So in original. The words “the property” probably should not appear. is residential and owner-occupied; and (3) the property 1 is in need of rehabilitation or concentrated code enforcement within a reasonable time, and the rehabilitation of such property is consistent with a local plan for rehabilitation or code enforcement. Additional guidelines for the model program shall generally comport with the additional protections and restrictions specified under section 1452b 22 See References in Text note below. of this title.

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

42 U.S.C. § 1452b — Repealed. Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128

### Statutory Notes Section, Pub. L. 88–560, title III, § 312, Sept. 2, 1964, 78 Stat. 790; Pub. L. 89–117, title III, §§ 311(e), 312, Aug. 10, 1965, 79 Stat. 479; Pub. L. 90–19, § 21(b), May 25, 1967, 81 Stat. 25; Pub. L. 90–448, title V, § 509, title VIII, § 807(b), Aug. 1, 1968, 82 Stat. 523, 544; Pub. L. 91–152, title II, § 207, Dec. 24, 1969, 83 Stat. 387; Pub. L. 93–85, § 4, Aug. 10, 1973, 87 Stat. 221; Pub. L. 93–117, § 10, Oct. 2, 1973, 87 Stat. 423; Pub. L. 93–383, title I, § 116(e), Aug. 22, 1974, 88 Stat. 652; Pub. L. 94–50, title III, § 301, July 2, 1975, 89 Stat. 256; Pub. L. 94–375, § 12, Aug. 3, 1976, 90 Stat. 1074; Pub. L. 95–128, title I, § 111, Oct. 12, 1977, 91 Stat. 1127; Pub. L. 95–557, title I, § 101(a), (b), Oct. 31, 1978, 92 Stat. 2080, 2081; Pub. L. 96–71, § 4, Sept. 28, 1979, 93 Stat. 502; Pub. L. 96–105, § 4, Nov. 8, 1979, 93 Stat. 795; Pub. L. 96–153, title I, § 101, Dec. 21, 1979, 93 Stat. 1101; Pub. L. 96–372, § 5, Oct. 3, 1980, 94 Stat. 1364; Pub. L. 96–399, title I, § 114, Oct. 8, 1980, 94 Stat. 1622; Pub. L. 97–35, title III, § 311, Aug. 13, 1981, 95 Stat. 397; Pub. L. 98–109, § 3, Oct. 1, 1983, 97 Stat. 746; Pub. L. 98–181, title I [title I, § 124], Nov. 30, 1983, 97 Stat. 1174; Pub. L. 99–120, § 2, Oct. 8, 1985, 99 Stat. 503; Pub. L. 99–156, § 2, Nov. 15, 1985, 99 Stat. 816; Pub. L. 99–219, § 2, Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99–267, § 2, Mar. 27, 1986, 100 Stat. 74; Pub. L. 99–272, title III, § 3008, Apr. 7, 1986, 100 Stat. 105; Pub. L. 99–289, § 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99–345, § 1, June 24, 1986, 100 Stat. 673; Pub. L. 99–430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100–122, § 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100–154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100–170, Nov. 17, 1987, 101 Stat. 914; Pub. L.

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

42 U.S.C. § 12809 — Rehabilitation of State and local govern-

Page 8479 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12821 1 So in original. Probably should be ‘‘amounts’’. (3) providing homebuyers with financial management assistance; (4) assisting homebuyers in understanding mortgage transactions and home sales con- tracts; and (5) assisting homebuyers with eliminating any credit problems that may prevent the homebuyers from purchasing the property. (c) Eligibility requirements Deferred payment loans secured by second mortgages may be provided under the model program under this section if— (1) the homebuyer assisted is a first-time homebuyer; (2) the property secured by the second mort- gage is a single-family residence and is the principal residence of the homebuyer; and (3) the principal obligation of the deferred payment loan secured by a second mortgage does not exceed 30 percent of the acquisition price of the residence to the homebuyer. (d) Payment terms (1) Period of deferral The payment of any principal and interest on a loan under this section shall be deferred for not less than the 5-year period beginning on the date of the acquisition of the residence by the homebuyer. (2) Interest rate The interest rate on the unpaid balance of a loan under this section shall be at least 4 per- cent. (3) Repayment period A deferred payment loan secured by a second mortgage shall be repayable over the 15-year period beginning at the end of the deferral pe- riod. (e) Security A deferred payment loan assisted with amount 1 provided under a grant under this sec- tion shall be secured by a lien on the property involved, which lien shall be subordinate to the first mortgage on the property. (Pub. L. 101–625, title II, § 258, Nov. 28, 1990, 104 Stat. 4123.) § 12809. Rehabilitation of State and local

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