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40 U.S.C. § 14503 — Assistance for proposed low- and middle-income housing projects

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

40 U.S.C. § 14503 — Assistance for proposed low- and middle-income housing projects

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Source file: Laws/federal/codes/united-states-code/title-40/section-14503-assistance-for-proposed-low-and-middle-income-housing-projects--062836b7c3.md
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Source location: Title 40, Chapter 145, § 14503; chapter-145-special-appalachian-programs.md

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**(a) Appalachian Housing Fund.—** (1) **Establishment.—** — There is an Appalachian Housing Fund. (2) **Source and use of amounts in fund.—** — Amounts allocated to the Secretary of Housing and Urban Development for the purposes of this section shall be deposited in the Fund. The Secretary shall use the Fund as a revolving fund to carry out those purposes. Amounts in the Fund not needed for current operation may be invested in bonds or other obligations the Federal Government guarantees as to principal and interest. General expenses of administration of this section may be charged to the Fund. **(b) Purpose.—** To encourage and facilitate the construction or rehabilitation of housing to meet the needs of low- and moderate-income families and individuals, the Secretary may make grants and loans from the Fund, under terms and conditions the Secretary may prescribe. The grants and loans may be made to nonprofit, limited dividend, or cooperative organizations and public bodies and are for planning and obtaining federally insured mortgage financing or other financial assistance for housing construction or rehabilitation projects for low- and moderate-income families and individuals, in any area of the Appalachian region the Appalachian Regional Commission establishes, under— (1) section 221 of the National Housing Act ([12 U.S.C. 1715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715&num=0&edition=prelim)l); (2) section 8 of the United States Housing Act of 1937 ([42 U.S.C. 1437f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim)); (3) section 515 of the Housing Act of 1949 ([42 U.S.C. 1485](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1485&num=0&edition=prelim)); or (4) any other law of similar purpose administered by the Secretary or any other department, agency, or instrumentality of the Federal Government or a state government. **(c) Providing Amounts to States for Grants and Loans.—** The Secretary or the Commission may provide amounts to the States for making grants and loans to nonprofit, limited dividend, or cooperative organizations and public bodies for the purposes for which the Secretary may provide amounts under this section. **(d) Loans.—** (1) **Limitation on available amounts.—** — A loan under subsection (b) for the cost of planning and obtaining financing (including the cost of preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts) of a project described in that subsection may be made for up to— (A) 50 percent of that cost; (B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of that cost; or (C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of that cost. (2) **Interest.—** — A loan shall be made without interest, except that a loan made to an organization established for profit shall bear interest at the prevailing market rate authorized for an insured or guaranteed loan for that type of project. (3) **Payment.—** — The Secretary shall require payment of a loan made under this section, under terms and conditions the Secretary may require, no later than on completion of the project. Except for a loan to an organization established for profit, the Secretary may cancel any part of a loan made under this section on determining that a permanent loan to finance the project cannot be obtained in an amount adequate for repayment of a loan made under this section. **(e) Grants.—** (1) **In general.—** — A grant under this section for expenses incidental to planning and obtaining financing for a project under this section that the Secretary considers to be unrecoverable from the proceeds of a permanent loan made to finance the project shall— (A) not be made to an organization established for profit; and (B) except as provided in paragraph (2), not exceed— (i) 50 percent of those expenses; (ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of those expenses; or (iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent of those expenses. (2) **Site development costs and offsite improvements.—** — The Secretary may make grants and commitments for grants, and may advance amounts under terms and conditions the Secretary may require, to nonprofit, limited dividend, or cooperative organizations and public bodies for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, when the grant, commitment, or advance is essential to the economic feasibility of a housing construction or rehabilitation project for low- and moderate-income families and individuals which otherwise meets the requirements for assistance under this section. A grant under this paragraph for— (A) the construction of housing shall not be more than 10 percent of the cost of the project; and (B) the rehabilitation of housing shall not be more than 10 percent of the reasonable value of the rehabilitation housing, as determined by the Secretary. **(f) Information, Advice, and Technical Assistance.—** The Secretary or the Commission may provide, or contract with public or private organizations to provide, information, advice, and technical assistance with respect to the construction, rehabilitation, and operation by nonprofit organizations of housing for low- or moderate- income families in areas of the region the Commission establishes. **(g) Application of Certain Provisions.—** Programs and projects assisted under this section are subject to the provisions cited in [section 14701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14701&num=0&edition=prelim) to the extent provided in the laws authorizing assistance for low- and moderate-income housing.

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

42 U.S.C. § 1437f — Repealed. Pub. L. 93–383, title II, § 204, Aug. 22, 1974, 88 Stat. 668

### Statutory Notes Section, act Aug. 2, 1954, ch. 649, title VIII, § 815, 68 Stat. 647, required submission of specifications by applicants prior to award of any contract for construction of a project and submission of data with respect to acquisition of land prior to authorization to purchase such land.

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

40 U.S.C. § 14701 — Applicable labor standards

All laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including painting and decorating, of projects, buildings, and works which are financially assisted through federal amounts authorized under this subtitle shall be paid wages at rates not less than those prevailing on similar construction in the locality as the Secretary of Labor determines in accordance with sections 3141–3144, 3146, and 3147 of this title. With respect to those labor standards, the Secretary has the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and [section 3145 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).

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

12 U.S.C. § 1715 — Mortgage proceeds fraudulently misappropriated by mortgagor; recovery of deficiency after foreclosure

The Secretary of Housing and Urban Development shall take action to secure the payment of any deficiency after foreclosure on a mortgage insured or assisted under Federal law where the Secretary has reason to believe that the mortgage proceeds have been fraudulently misappropriated by the mortgagor.

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

42 U.S.C. § 1485 — Housing and related facilities for elderly persons and families or other persons and families of low income

**(a) Direct loans; authorization; terms and conditions; revolving fund; appropriation** The Secretary is authorized to make loans to private nonprofit corporations and consumer cooperatives and Indian tribes to provide rental or cooperative housing and related facilities for elderly or handicapped persons or families of low or moderate income or other persons and families of low income in rural areas, in accordance with terms and conditions substantially identical with those specified in [section 1472 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1472&num=0&edition=prelim); except that— (1) no such loan shall exceed the development cost or the value of the security, whichever is less; (2) such a loan may be made for a period of up to 30 years from the making of the loan; and (3) such a loan, when made to a consumer cooperative for cooperative housing purposes, may, notwithstanding any other provision of law, be made upon the condition that any person who is admitted as an eligible member and tenant of the cooperative may not subsequently be deprived of his membership or tenancy by reason of his no longer meeting the income eligibility requirements established by the Secretary. There is authorized to be appropriated not to exceed $50,000,000, which shall constitute a revolving fund to be used by the Secretary in carrying out this subsection. **(b) Insurance of loans; authorization; terms and conditions; utilization of Agricultural Credit Insurance Fund** The Secretary is authorized to insure and make commitments to insure loans made to any individual, corporation, association, trust, Indian tribe, or partnership to provide rental or cooperative housing and related facilities for elderly or handicapped persons or families

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

40 U.S.C. § 14526 — Distressed, at-risk, and economically strong counties

**(a) Designations.—** (1) **In general.—** — The Appalachian Regional Commission, in accordance with criteria the Commission may establish, each year shall— (A) designate as “distressed counties” those counties in the Appalachian region that are the most severely and persistently distressed; (B) designate as “at-risk counties” those counties in the Appalachian region that are most at risk of becoming economically distressed; and (C) designate two categories of economically strong counties, consisting of— (i) “competitive counties”, which shall be those counties in the region that are approaching economic parity with the rest of the United States; and (ii) “attainment counties”, which shall be those counties in the region that have attained or exceeded economic parity with the rest of the United States. (2) **Annual review of designations.—** — The Commission shall— (A) conduct an annual review of each designation of a county under paragraph (1) to determine if the county still meets the criteria for the designation; and (B) renew the designation for another one-year period only if the county still meets the criteria. **(b) Distressed Counties.—** In program and project development and implementation and in the allocation of appropriations made available to carry out this subtitle, the Commission shall give special consideration to the needs of counties for which a distressed county designation is in effect under this section. **(c) Economically Strong Counties.—** (1) **Competitive counties.—** — Except as provided in paragraphs (3) and (4), assistance under this subtitle for a project that is carried out in a county for which a competitive county designation is in effect under this section shall not be more than 30 percent of the project

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

12 U.S.C. § 1715 — Statistical and economic surveys

Page 581 TITLE 12—BANKS AND BANKING § 1715 this section [amending this section and section 1715y of this title] shall not apply with respect to mortgages in- sured by the Secretary of Housing and Urban Develop- ment before the date of the enactment of this Act [Nov. 30, 1983].’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as an Effective Date note under section 3701 of this title. EFFECTIVE DATE OF 1954 AMENDMENT Amendment by section 112(b) of act Aug. 2, 1954, as not applicable in any case where the mortgage involved was insured or the commitment for the 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. REPEALS The directory language of, but not the amendment made by, Pub. L. 90–301, § 3(b), May 7, 1968, 82 Stat. 114, cited as a credit to this section, was repealed by Pub. L. 98–181, title I [title IV, § 404(a)], Nov. 30, 1983, 97 Stat. 1208. REGULATIONS Pub. L. 102–550, title V, § 509(h), Oct. 28, 1992, 106 Stat. 3783, provided that: ‘‘The Secretary of Housing and Urban Development shall issue regulations necessary to carry out the amendments made by subsections (a) through (g) [amending this section and sections 1715e, 1715k, 1715l, 1715v, and 1715y of this title], which shall take effect not later than the expiration of the 1-year period beginning on the date of the enactment of this Act [Oct. 28, 1992].’’ DELEGATION OF PROCESSING OF MORTGAGE INSURANCE Pub. L. 101–625, title III, § 328, Nov. 28, 1990, 104 Stat. 4138, as amended by Pub. L. 102–242, title II, § 226, Dec. 19, 1991, 105 Stat. 2307, provided that: ‘‘(a) AUTHORITY.—Not later than the expiration of the 60-day period b

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

40 U.S.C. § 14503 — Assistance for proposed low- and middle-

Page 255 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 14503 L. 106–402, Oct. 30, 2000, 114 Stat. 1677, which is classified principally to chapter 144 (§ 15001 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables. The Social Security Act, referred to in subsec. (d)(3), (5), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Parts A and B of title IV of the Act are classified generally to parts A (§ 601 et seq.) and B (§ 620 et seq.) of subchapter IV of chapter 7 of Title 42. Title XX of the Act is classified generally to subchapter XX (§ 1397 et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 2008—Subsec. (d)(2). Pub. L. 110–371, § 2(b)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: ‘‘Grants under this section for the operation (including initial operating amounts and operating deficits, which include the cost of attracting, training, and retaining qualified personnel) of a dem- onstration health project, whether or not constructed with amounts authorized by this section, may be made for up to 50 percent of the cost of that operation (or 80 percent of the cost of that operation for a project to be carried out in a county for which a distressed county designation is in effect under section 14526 of this title).’’ Subsec. (f)(1). Pub. L. 110–371, § 2(b)(2)(A), substituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’. Subsec. (f)(3). Pub. L. 110–371, § 2(b)(2)(B), added par. (3). Statu

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

42 U.S.C. § 1437f — Low-income housing assistance

Page 4580 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1437f of 6-month period beginning Oct. 28, 1992, except as oth- erwise provided, see section 13642 of this title. INAPPLICABILITY OF CERTAIN 1992 AMENDMENTS TO INDIAN PUBLIC HOUSING Amendment by Pub. L. 102–550 not applicable with re- spect to lower income housing developed or operated pursuant to contract between Secretary of Housing and Urban Development and Indian housing authority, see section 626 of Pub. L. 102–550, set out as a note under section 1437a of this title. § 1437f. Low-income housing assistance (a) Authorization for assistance payments For the purpose of aiding low-income families in obtaining a decent place to live and of pro- moting economically mixed housing, assistance payments may be made with respect to existing housing in accordance with the provisions of this section. (b) Other existing housing programs (1) IN GENERAL.—The Secretary is authorized to enter into annual contributions contracts with public housing agencies pursuant to which such agencies may enter into contracts to make assistance payments to owners of existing dwell- ing units in accordance with this section. In areas where no public housing agency has been organized or where the Secretary determines that a public housing agency is unable to imple- ment the provisions of this section, the Sec- retary is authorized to enter into such contracts and to perform the other functions assigned to a public housing agency by this section. (2) The Secretary is authorized to enter into annual contributions contracts with public housing agencies for the purpose of replacing public housing transferred in accordance with subchapter II–A of this chapter. Each contract entered into under this subsection shall be for

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

42 U.S.C. § 1485 — Housing and related facilities for elderly

Page 4774 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1485 1 See References in Text note below. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. CONSTRUCTION OF 2022 AMENDMENT Nothing in amendment made by Pub. L. 117–328 to be construed to preempt or limit applicability of certain State or local laws relating to smoke alarms, see sec- tion 601(i) of div. AA of Pub. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking. CONSTRUCTION OF 2020 AMENDMENT Nothing in amendment made by Pub. L. 116–260 to be construed to preempt or limit applicability of certain State or local laws relating to carbon monoxide de- vices, see section 101(j) of div. Q of Pub. L. 116–260, set out as a note under section 1437a of this title. § 1485. Housing and related facilities for elderly persons and families or other persons and families of low income (a) Direct loans; authorization; terms and condi- tions; revolving fund; appropriation The Secretary is authorized to make loans to private nonprofit corporations and consumer co- operatives and Indian tribes to provide rental or cooperative housing and related facilities for el- derly or handicapped persons or families of low or moderate income or other persons and fami- lies of low income in rural areas, in accordance with terms and conditions substantially iden- tical with those specified in section 1472 of this title; except that— (1) no such loan shall exceed the develop- ment cost o

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