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12 U.S.C. § 4113 — Assistance for displaced tenants

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

12 U.S.C. § 4113 — Assistance for displaced tenants

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Source file: Laws/federal/codes/united-states-code/title-12/section-4113-assistance-for-displaced-tenants--465cf64985.md
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Source location: Title 12, Chapter 42, § 4113; chapter-042-low-income-housing-preservation-and-resident-homeownership.md

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**(a) Section 1437f assistance** Each low-income family that is displaced as a result of the prepayment of the mortgage or voluntary termination of an insurance contract on eligible low income housing shall, subject to the availability or 11 So in original. Probably should be “of”. amounts provided under appropriations Acts, receive tenant-based assistance under [section 1437f of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim). To the extent sufficient amounts are made available under appropriations Acts, in each fiscal year the Secretary shall reserve from amounts made available under [section 4124(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4124/a&num=0&edition=prelim) or, if necessary, under [section 1437c(c) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437c/c&num=0&edition=prelim), such amounts as the Secretary determines are necessary to provide assistance payments for low-income families displaced during the fiscal year. **(b) Relocation assistance** The Secretary shall coordinate with public housing agencies to ensure that any very low- or low-income family displaced from eligible low-income housing as the result of the prepayment of the mortgage (or termination of the mortgage insurance contract) on such housing is able to acquire a suitable, affordable dwelling unit in the area of the housing from which the family is displaced. The Secretary shall require the owner of such housing to pay 50 percent of the moving expenses of each family relocated, except that such percentage shall be increased to the extent that State or local law of general applicability requires a higher payment by the owner. **(c) Continued occupancy** (1) **In general** — Each owner that prepays the mortgage (or terminates the mortgage insurance contract) on eligible low-income housing shall, as provided in paragraph (3), allow the tenants occupying units in such housing on the date of the submission of notice of intent under [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4102&num=0&edition=prelim) to remain in the housing for a period of 3 years, at rent levels (except for increases necessary for increased operating costs) existing at the time of prepayment. (2) **Provision of assistance by owner** — In any case in which the Secretary requires an owner to allow tenants to occupy units under paragraph (1), an owner may fulfill the requirements of such paragraph by providing such assistance necessary for the tenant to rent a decent, safe, and sanitary unit in another project for the same period and at a rental cost to the tenant not in excess of the rental amount the tenant would have been required to pay in the housing of the owner, except that the tenant must freely agree to waive the right to occupy the unit in the owner’s housing. (3) **Applicability to low-vacancy areas and special needs tenants** — The provisions of this subsection shall apply only to— (A) eligible low income housing located in a low-vacancy area (as such term is defined by the Secretary); and (B) tenants in any eligible low-income housing in any area who have special needs restricting their ability to relocate (including elderly tenants and tenants with disabilities), as determined under regulations established by the Secretary. **(d) Required acceptance of section 1437f assistance** An owner who prepays the mortgage (or terminates the mortgage insurance contract) on eligible low-income housing and maintains the housing for residential rental occupancy may not refuse to rent, refuse to negotiate for the rental of, or otherwise make unavailable or deny the rent of a dwelling unit in such property to any person, or discriminate against any person in the terms, conditions, or privileges of rental of a dwelling (or in the provision of services or facilities in connection therewith), because the person receives assistance under [section 1437f of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f&num=0&edition=prelim). **(e) Regional pools** In providing assistance under this section, the Secretary shall allocate the assistance on a regional basis through the regional offices of the Department of Housing and Urban Development. The Secretary shall allocate assistance under this section in a manner so that the total number of assisted units in each such region available for occupancy by, and affordable to, lower income families and persons does not decrease because of the prepayment or payment of a mortgage on eligible low-income housing or the termination of an insurance contract on such housing. **(f) Enhanced voucher assistance for certain tenants** (1) **Authority** — In lieu of benefits under subsections (b), (c), and (d), and subject to the availability of appropriated amounts, each family described in paragraph (2) shall be offered enhanced voucher assistance under [section 1437f(t) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f/t&num=0&edition=prelim). (2) **Eligible families** — A family described in this paragraph is a family that is— (A) (i) a low-income family; or (ii) a moderate-income family that is: (I) an elderly family; (II) a disabled family; or (III) residing in a low-vacancy area; and (B) residing in eligible low-income housing on the date of the prepayment of the mortgage or voluntary termination of the insurance contract.

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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

12 U.S.C. § 4102 — Notice of intent

**(a) Filing with Secretary** An owner of eligible low-income housing that intends to terminate the low-income affordability restrictions through prepayment or voluntary termination in accordance with [section 4108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4108&num=0&edition=prelim), extend the low-income affordability restrictions of the housing in accordance with [section 4109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4109&num=0&edition=prelim), or transfer the housing to a qualified purchaser in accordance with [section 4110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4110&num=0&edition=prelim), shall file with the Secretary a notice indicating such intent in the form and manner as the Secretary shall prescribe. **(b) Filing with State or local government, tenants, and mortgagee** The owner, upon filing a notice of intent under this section, shall simultaneously file the notice of intent with the chief executive officer of the appropriate State or local government for the jurisdiction within which the housing is located and with the mortgagee, and shall inform the tenants of the housing of the filing. **(c) Ineligibility for filing** An owner shall not be eligible to file a notice of intent under this section if the mortgage covering the housing— (1) falls into default on or after November 28, 1990; or (2) (A) fell into default before, but is current as of, November 28, 1990; and (B) the owner does not agree to recompense the appropriate Insurance Fund, in the amount the Secretary determines appropriate, for any losses sustained by the Fund as a result of any work-out or other arrangement agreed to by the Secretary

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4102

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

42 U.S.C. § 1437 — Omitted

### Statutory Notes #### Codification Sections 1401 to 1404 were omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1401, acts Sept. 1, 1937, ch. 896, § 1, 50 Stat. 888; July 15, 1949, 338, title III, § 307(a), 63 Stat. 429; Sept. 23, 1959, Pub. L. 86–372, title V, § 501, 73 Stat. 679; Aug. 1, 1968, Pub. L. 90–448, title II, § 206(a), 82 Stat. 504; Dec. 31, 1970, Pub. L. 91–609, title II, § 211, 84 Stat. 1779, set out declaration of policy. See [section 1437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim). Section 1402, acts, Sept. 1, 1937, ch. 896, § 2, 50 Stat. 888; July 15, 1949, ch. 338, title III, §§ 302(b), 304(c), (i), 306, 307(b), 63 Stat. 424, 425, 429; Oct. 26, 1951, ch. 577, § 1, 65 Stat. 647; June 30, 1953, 170, § 24(c), 67 Stat. 128; Aug. 7, 1956, ch. 1029, title IV, § 404(a), 70 Stat. 1104; July 12, 1957, Pub. L. 85–104, title III, § 307, title IV, § 401(a), 71 Stat. 301; Sept. 23, 1959, Pub. L. 86–372, title V, §§ 502, 503(a), 504, 73 Stat. 680; June 30, 1961, Pub. L. 87–70, title II, § 202, 75 Stat. 163; Sept. 2, 1964, Pub. L. 88–560, title II, § 203(d), title IV, § 401(a), 78 Stat. 784, 794; Aug. 10, 1965, Pub. L. 89–117, title I, §§ 103(b), 104, 79 Stat. 457; Aug. 1, 1968, Pub. L. 90–448, title II, § 209(a), 82 Stat. 505; Dec. 24, 1969, Pub. L. 91–152, title II, § 213(a), title IV, § 403(a), 83 Stat. 389, 395; Dec. 31, 1970, Pub. L. 91–609, title II, § 208(a), title IX, § 903(c), 84 Stat. 1778, 1808; Dec. 22, 1971, Pub. L. 92–213, § 9, 85 Stat. 776, defined applicable terms. See [section 1437a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1

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

12 U.S.C. § 4114 — Permissible prepayment or voluntary termination and modification of commitments

**(a) In general** Notwithstanding any limitations on prepayment or voluntary termination under this subchapter, an owner may terminate the low-income affordability restrictions through prepayment or voluntary termination, subject to compliance with the provisions of [section 4113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4113&num=0&edition=prelim), under one of the following circumstances: (1) (A) The Secretary approves a plan of action under [section 4109(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4109/a&num=0&edition=prelim), but does not provide the assistance approved in such plan during the 15-month period beginning on the date of approval. (B) After the date that the housing would have been eligible for prepayment pursuant to the terms of the mortgage (notwithstanding this subchapter), the Secretary approves a plan of action under section 4110 or 4111 of this title, but does not provide the assistance approved in such plan before the earlier of (i) the expiration of the 2-month period beginning on the commencement of the 1st fiscal year beginning after such approval, or (ii) the expiration of the 6-month period beginning on the date of approval. (C) The Secretary approves a plan of action under section 4110 or 4111 of this title for any eligible low-income housing not covered by subparagraph (B), but does not provide the assistance approved in such plan before the earlier of (i) the expiration of the 2-month period beginning on the commencement of the 1st fiscal year beginning after such approval, or (ii) the expiration of the 9-month period beginning on the date of approval. (2) An owner who intended to transfer the housing to a qualified purchaser unde

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

42 U.S.C. § 1437z–1 — 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 promoting 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 dwelling 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 implement the provisions of this section, the Secretary 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 a term of not more than 60 months. **(c) Contents and purposes of contracts for assistance payments; amount and scope of monthly assistance payments** (1) (A) An assistance contract entered into pursuant to this section shall establish the maximum monthly rent (including utilities and all maintenance and management charges) which the owner is entitled to receive for each dwelling unit with respect to which such assistance payments are to be made. The maximum monthly rent shall not exceed by more than 10 per centum the fair market rental established by the Secretary periodically

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1437z–1

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

12 U.S.C. § 4113 — Assistance for displaced tenants

Page 1607 TITLE 12—BANKS AND BANKING § 4113 1 So in original. Probably should be ‘‘of’’. the portion of rent attributable to project oversight costs’’ for ‘‘by making changes in the annual author- ized return under section 4104 of this title’’. Subsec. (c)(2). Pub. L. 102–550, § 317(a)(4)(B), sub- stituted ‘‘a hearing’’ for ‘‘an hearing’’. Subsec. (d)(2)(B). Pub. L. 102–550, § 317(a)(4)(C), in- serted ‘‘the’’ after ‘‘that’’. Subsec. (d)(2)(C)(ii). Pub. L. 102–550, § 317(a)(4)(D), sub- stituted ‘‘in default’’ for ‘‘default’’. Subsec. (e). Pub. L. 102–550, § 308(a), struck out subsec. (e) which read as follows: ‘‘(e) WINDFALL PROFITS.—The Secretary shall submit a report to the Congress not later than 90 days after November 28, 1990, evaluating the availability, quality, and reliability of data to measure the accessibility of decent, affordable housing in all areas where properties are eligible to submit a notice of intent to prepay under section 4102 of this title. To prevent payment of windfall profits, the Sec- retary may make available incentive payments under section 4109 or 4110 of this title only to owners in those rental markets where there is an inadequate supply of decent, affordable housing, if the Secretary determines that adequate data can be obtained to permit objective and fair implementation or where necessary to accom- plish the other public policy objectives under this chap- ter. The Secretary shall implement this subsection in a manner consistent with the process established by this chapter.’’ Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316, provided in part that: ‘‘Section 601 [amending this sec- tion and section 4119 of this tit

Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 4113

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