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25 U.S.C. § 4139 — Low-income requirement and income targeting

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

25 U.S.C. § 4139 — Low-income requirement and income targeting

**(a) In general** Housing shall qualify as affordable housing for purposes of this chapter only if— (1) each dwelling unit in the housing— (A) in the case of rental housing, is made available for occupancy only by a family that is a low-income family at the time of their initial occupancy of such unit; (B) in the case of a contract to purchase existing housing, is made available for purchase only by a family that is a low-income family at the time of purchase; (C) in the case of a lease-purchase agreement for existing housing or for housing to be constructed, is made available for lease-purchase only by a family that is a low-income family at the time the agreement is entered into; and (D) in the case of a contract to purchase housing to be constructed, is made available for purchase only by a family that is a low-income family at the time the contract is entered into; and (2) except for housing assisted under [section 1437bb of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437bb&num=0&edition=prelim) (as in effect before the date of the effectiveness of this chapter), each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for the remaining useful life of the property (as determined by the Secretary) without regard to the term of the mortgage or to transfer of ownership, or for such other period that the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this chapter, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if such action— (A) recognizes any contractual or legal rights of public agencies, nonprofit sponsors, or others to take actions that wo

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Stable record: federal_law:legal_authorities:record_usc_60e1f3a8b452f59312bf9844
Source file: Laws/federal/codes/united-states-code/title-25/section-4139-low-income-requirement-and-income-targeting--8cb8192cab.md
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Source location: Title 25, Chapter 43, § 4139; chapter-043-native-american-housing-assistance-and-self-determination.md

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**(a) In general** Housing shall qualify as affordable housing for purposes of this chapter only if— (1) each dwelling unit in the housing— (A) in the case of rental housing, is made available for occupancy only by a family that is a low-income family at the time of their initial occupancy of such unit; (B) in the case of a contract to purchase existing housing, is made available for purchase only by a family that is a low-income family at the time of purchase; (C) in the case of a lease-purchase agreement for existing housing or for housing to be constructed, is made available for lease-purchase only by a family that is a low-income family at the time the agreement is entered into; and (D) in the case of a contract to purchase housing to be constructed, is made available for purchase only by a family that is a low-income family at the time the contract is entered into; and (2) except for housing assisted under [section 1437bb of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437bb&num=0&edition=prelim) (as in effect before the date of the effectiveness of this chapter), each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for the remaining useful life of the property (as determined by the Secretary) without regard to the term of the mortgage or to transfer of ownership, or for such other period that the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this chapter, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if such action— (A) recognizes any contractual or legal rights of public agencies, nonprofit sponsors, or others to take actions that would avoid termination of low-income affordability in the case of foreclosure or transfer in lieu of foreclosure; and (B) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary. **(b) Exception** Notwithstanding subsection (a), housing assisted pursuant to [section 4131(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4131/b/2&num=0&edition=prelim) shall be considered affordable housing for purposes of this chapter. **(c) Applicability** The provisions of paragraph (2) of subsection (a) regarding binding commitments for the remaining useful life of property shall not apply to a family or household member who subsequently takes ownership of a homeownership unit.

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

25 U.S.C. § 4101 — Review and audit by Secretary

**(a) Annual review** (1) **In general** — The Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether— (A) the Director has— (i) carried out eligible activities under this subchapter in a timely manner; (ii) carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and (iii) a continuing capacity to carry out the eligible activities in a timely manner; (B) the Director has complied with the housing plan submitted by the Director under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim); and (C) the performance reports of the Department under section 4240 11 So in original. Probably should be section “4239”. of this title are accurate. (2) **Onsite visits** — Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development. **(b) Report by Secretary** The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department. **(c) Effect of reviews** The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section

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

25 U.S.C. § 4161 — Inapplicability of other provisions

**(a) In general** Except as otherwise specifically provided in this chapter, subchapter I, part A of subchapter II, and subchapters III through VIII shall not apply to— (1) the program under this part; or (2) amounts made available in accordance with this part. **(b) Applicable provisions** The following provisions of subchapters I through VIII shall apply to the program under this part and amounts made available in accordance with this part: (1) [Section 4111(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4111/c&num=0&edition=prelim) (relating to local cooperation agreements). (2) Subsections (d) and (e) of [section 4111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4111&num=0&edition=prelim) (relating to tax exemption). (3) [Section 4111(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4111/j&num=0&edition=prelim) (relating to Federal supply sources). (4) [Section 4111(k) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4111/k&num=0&edition=prelim) (relating to tribal preference in employment and contracting). (5) Section 4112(b)(4) 11 So in original. [Section 4112(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4112/b&num=0&edition=prelim) does not contain a par. (4). of this title (relating to certification of compliance). (6) [Section 4114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4114&num=0&edition=prelim) (relating to treatment of program income and labor standards). (7) [Section 4115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4115&num=

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

25 U.S.C. § 4139 — Noncompliance with affordable housing

Page 650 TITLE 25—INDIANS § 4139 and confidentiality is maintained, as required under this section. (Pub. L. 104–330, title II, § 208, Oct. 26, 1996, 110 Stat. 4035; Pub. L. 105–276, title V, § 595(e)(10), Oct. 21, 1998, 112 Stat. 2658; Pub. L. 110–411, title II, § 205, Oct. 14, 2008, 122 Stat. 4326.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native Amer- ican Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–411 inserted ‘‘applicants for employment, and of’’ after ‘‘records of’’. 1998—Subsec. (a). Pub. L. 105–276, § 595(e)(10)(A), sub- stituted ‘‘subsection (b)’’ for ‘‘paragraph (2)’’. Subsec. (b). Pub. L. 105–276, § 595(e)(10)(B), substituted ‘‘subsection (a)’’ for ‘‘paragraph (1)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title. § 4139. Noncompliance with affordable housing requirement If a recipient uses grant amounts to provide affordable housing under this subchapter, and at any time during the useful life of the housing the recipient does not comply with the require- ment under section 4135(a)(2) of this title, the Secretary shall take appropriate action under section 4161(a) of this title. (Pub. L. 104–330, title II, § 209, Oct. 26, 1996, 110 Stat. 4035; Pub. L. 105–276, title V, § 595(c), Oct. 21, 1998, 112 Stat. 2656; Pub. L. 106–568, title X, §

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